JANE DOE 1 FACES SCIENTOLOGY EXPULSION: Danny Masterson trial day 6 afternoon break

[This report was produced live during a court hearing with a lot going on. There will be typos. Please don't email us about typos that you find. We are reporting live from an ongoing trial and we do not have time to make such corrections.]

After lunch session.

I want to make a correction. I thought earlier it might be Peter Masterson in the family section, but now I am not sure about that.

On the other hand, the young man who has worn a mask the last two days finally took it off and now I can see that it does appear to be Will Masterson, Danny's half-brother.

Jury is still out.

Judge Olmedo: Ms. Goldstein, I talked with staff (about the incident in the morning), and we all had different perspectives on it. I do remember seeing this one juror leave, and that juror was watching the witness, and the witness was crying. So I know there was no conversation at that point. But like I said, everyone remembers it a little differently.

I will ask the DA's office to let your support people know that they cannot come in while we are still in session.

Mueller: And I have, your honor.

Goldstein: Thank you, your honor.

Judge Olmedo: Tomorrow is the great shake-out exercise for earthquake preparedness. Tomorrow 10:20 am. There will be some alarms going off and we have to do a drop, cover, and hold on. (Audience laughs.) I apologize, and dresses and heels are not recommended for tomorrow.

Jane Doe 1 on the stand. Mueller continues...

We left off you were telling us about having that drive from Brie Shaffer's house to your parents' house. How long is that drive?

About 15 minutes.

After you arrived, at some point, everyone was getting ready to leave on this flight. I think you mentioned some people who were going to go on that flight with you.

There were many people.

Rachel Dejneka. Do you know that person?

My cousin.

Was she on the flight?

Yes.

Older or younger?

Younger, 10 years between us.

And your parents were going too.

Yes, mother, daughter.

Any other relatives?

Yes, my daughter. 8 or 9.

About twelve people leaving on this trip. How was your body feeling at that time?

Everything was really fuzzy. Surreal. Almost in slow motion. I had a delayed response. I'd think about what I was seeing. I just stared off into space. I didn't pack a bag. I wore my mom's clothes. They said, what are you doing, get in the car?

What about physically?

I had diarrhea and pain. I felt really weak, tired, out of it, diarrhea, pain. And like I'd been punched in my vaginal area, really sharp pain in my rear. A lot of pain all over my body and I didn't know why.

And when you said on your rear, where?

My anus area.

Asked her to compare it to the 2002 incident.

She said it was different this time.

When he was on you, was he moving?

Yes. There was a lot of motion and movement from him, while I was just there.

Asks her about the feeling in her anus.

It switched from one to the other.

When you became aware of the pain in your anus, where was he?

She was on her back and he was on her and his face was in his. He was on her, her legs were not straight, they were out.

Where were your legs when you felt the pain in your anus?

My legs were up. Not in a natural position.

She describes him being in her vagina, then pull out and she thought he was getting up, but then she felt the penetration to her anus.

Asks her about her parents' house again, and she says she felt really fuzzy and the memory is not clear that whole time.

Let's get to the flight then.

Asks her about checking herself.

I looked for blood. I didn't see any but I was having a lot of bowel movements. I saw red, and I had a lot of brown liquid coming out. Loose diarrhea.

Was that something you were experiencing before this happened?

No.

So this was new?

Yes.

And when you checked for blood was that anally and vaginally?

Anything. I felt so bad I was checking anything. I didn't even know what went into my anus.

Arrived at Tampa very early.

There is a base in Clearwater, Florida.

Yes, their spiritual headquarters.

But this was about celebrating your dad's birthday.

Yes, he loved the beach there.

She says he had a particular love for that beach in that particular time, late March through April.

When you got to the place were you staying, did you have a chance to check yourself again?

We were there a week, yeah. Bruising? My hand had no strength. Bruising showed up on my hips. The first thing I did was get in a tub of water it hurt so bad in my anus and vaginal area, I didn't know how to make it stop.

Did anyone comment on those bruises? (Obj, just say yes or no.)

Yes.

What did you tell people about them?

That I fell down. But then I had bruises that it didn't explain. (Mentions that her grandfather had been bleeding and was bruised because he'd had a fall.)

She explains a Scientology concept, PR, that everything has to be doing well and we had to be careful. My whole life it was like that. Smiles. Everything is always great.

Then what happened.

I started getting more questions. My cousin was with me all the time.

Did your cousin Rachel then ask you what happened?

She said, what's going on.

What did you tell her.

I asked her if she promised not to tell anybody. I promise I won't tell, I swear. So I said something really bad happened and I can't tell anybody. And I said his name, and she looked at me, and I said please don't tell my parents. And I didn't want to share the details. She was 17.

But you did mention Masterson.

Yes.

How did Rachel react.

She seemed really scared. And I realized I'd said too much.

Your cousin Rachel, was she also a Scientologist?

No.

While in Florida, did you have contact with Masterson?

Briefly.

By phone?

Yes.

What was that conversation.

I don't remember who called who, but it was a minute and a half.

Do you recall what he was saying?

I asked him what happened. And he said, we had a good time. When are you going to get back, and I said no, no, no and hung up.

[Photo of Jane Doe 1 and gentleman.]

The photo is JD1 and her father.

What is that?

That is my dad and I

In that picture, how old are you?

About 24 to 26. (Objection relevance, overruled)

[PHoto of JD1 in bikini]

That's a photo my cousin took of me. Timestamped April 30, 2003.

From this photograph are you able to see any bruises?

Yes.

She points to her hip, and her left arm, wrist. [Hard to see from the back row.]

Is that the same arm that you wer having poor function?

Yes.

These bruises, did they develop over one short time?

Over the course of the time I was in Florida.

[Photo of JD1]

How old were you in this photo.

I believe this is 2003.

So this is around the time of the incident.

Correct.

[Photo of JD1]

What period of time?

It has to be 2004 or after, my hair is longer.

So roughly around 2004.

2004 or 2005, but not 2003.

When you got back from Florida, did you tell anybody about what happened?y

Yes. Shaun Fabos.

Who was he?

My mom's personal assistant.

Where were you?

Coffee Bean, Burbank.

How soon after you got back did you tell him?

Right away.

Did you get together for the purpose of telling him?

Yes.

And did you tell him what happened?

Yes. I wasn't as detailed and he didn't ask me follow up questions like you have. I just told him about going to Mr. Masterson's, and the keys, and the incident. And I showed him the bruising.

Did he make a comment?

Yes. He looked at me... (Obj, sustained)

When you told Mr. Fabos what had happened, what was his reaction.

He freaked out. He was so angry. He was very emotional.

What was your response to his emotion.

I was begging him to calm down, not to take any action. I told him we'd go to the church.

Was he a Scientologist?

Yes.

So you mentioned that you would go to the church, did that happen?

Yes. I went immediately to see Julian.

Julian Swartz?

Correct.

And Julian Swartz, why go to him?

To deal with the reaction Shaun was having. To talk sense into him. I didn't want to make things worse.

Who is Julian?

He's an ethics officer... (Olmedo: Asked and answered.)

Julian was who you were supposed to go?

Yes. He gave me books to read from. He's a tall man. He was directing me with some very specific information and we talked.

Had you talked to him before?

Yes.

How many times?

Many.

Was there a reason you didn't go sooner?

Yes. Because I was a Sscientlogist and Mr. Masterson is a Scientologist and you cannot report another Sci in good standing to the authorities.

What was your understanding if you did?

It was a high crime, and it would come with expulsion, and my understanding is you can't talk with at all someone who has been expelled. Declared a suppressive person was what it was called and it wuold have major ramifications. My life would be over. I wouldn't see my parents, or my family. I wouldnn't have a place to live or work. I wouldn't have a place to go. (Emotional.)

Were you working for your parents at that time?

Yes.

So you were concnerd you'd lose that as well?

Yes.

How old was your daughter?

7 or 8. She was born in it.

She was third generation. What was your concern about her if you were declared.

My parents could never talk to me again. I'd have to start over. I don't konw what we'd do.

What about your daughter?

She wouldn't be able to go to her school. I don't even know.

And if you were declared and your parents stayed in touch with you?

Then they would be declared. And all the people they worked with, they'd lose all that. And they would have to choose me over their faith, and I wasn't sure they'd choose me over that.

So at some point, you actually did go to the police. June 6, 2004.

Correct.

And where did you go to report?

Hollywood Wilcox station.

Did you go yourself?

Yes.

Do you remember who you spoke to?

No.

It was just someone at the front desk?

Yes.

What did you say.

I said I had to report a rape. He said, for whom? I said for myself. He seemed rattled and he asked me to take a seat.

What did you observe.

He kept saying, I'm sorry, what? You? He just seemed refused. When, like now? He just didn't seem to understand. And so I started crying and he asked me to take a seat.

Was a report taken?

Eventually. It seemed like a long time.

Did you speak with other officers?

I just remember the one.

So you remember that there wasn't a detective or something like that?

I remember that it was taking a long time (Obj, sustained)

So after you gave the report, what did you do.

I went home.

Did you give them any documents?

I remember giving him four maybe five.

What were they?

How do I traanslate this. Internal reports written by myslef, Mr. Masterson, Brie Shaffer. A yellow piece of paper legal size, that on top of it had my name. A "Non-Enterbulation Order."

This non-Enterbulation order, was it directed to you?

Yes.

Was it directing you to do or not do certain things? (Obj, overruled)

Yes.

Were you familiar with Non-Enturb order?

Yes, through my upbringing.

What is it?

It informs everyone that the person is subject of a severe ethics action, a disciplinary, and they are hurting people with what they are saying or doing, to a group. And if we receive one more report of anybody being upset, this perosn will be labeled declared suppressive person.

Judge Olmedo reads the admonition to the jury: This evidence is not being admitted for the truth of the matter but for state of mind.

So the other documents, what were they?

Brie's handwritten documents, Aubrey handed me my bag, and this piece of paper.

What kind of a report was it.

A "Things That Shouldn't Be" report.

Are you familiar with that?

Yes.

What did you understand that to be. Generally.

It's written by a person that is sensitive that they want known by Scientology staff, but unlike a KR, I'm not supposed to get a copy. We're not supposed to be handed a copy.

These are internal reports?

Internal reports, like a secret about somebody.

In the church?

Only in the church.

What else?

A report that I had written, that Julian had helped me with.

What kind of report was it?

A KR.

Knowledge Report?

Correct.

Anything else?

Mr. Masterson had a report that I included.

Any other documents?

Pictures.

Of what.

The ones you showed me.

Pictures from Florida?

Where you're getting the coffee, was that one of them? (The one they used to show her bruising.)

Correct.

You had some concerns about going to law enforcement. (Obj. I'll give them some leeway.)

Correct.

Despite your concerns, you went anyway.

Correct.

Were you worried at that time, doing that, that it would trigger the declare order?

Yes.

You were worried about all the consequences, is that correct?

Yes.

Charges were not initially filed, correct?

Correct.

How did you feel about that?

(Emotional) Not good. Scared.

At some point in time, you became aware of an NDA.

Correct.

Roughly when was that?

Summer. After June. After I went to the police station.

Were you part of the conversation with regard to this NDA?

I didn't know that was the discussion, I was asked to leave the room.

Were you aware before that there was a discussion about you getting involved in an NDA

Yes

When?

July 2004.

Where?

My father's living room.

Who was there?

A man named Kendrick Moxon knocked on the door. I recognized him.

How?

He was a longtime in-house lawyer for the C of S for a long time. I had known him.

Who else?

My father.

Who else?

Just us.

Were you instrcuted at athat time to do anything?

Yes. Mr. Moxon handed me a handwritten letter from Mr. Masterson and asked me to go outside and read it and he said he was going to talk to my father about how he would not lose his daughter like he (Moxon) had lost his.

During this meeting, were you told about any consequences?

There was already a declare issued for me. (Obj. Overruled) There was a decalare waiting on Julian's desk and I could go pick it up or they could work something out.

How did you feel about that?

Shocked. I didn't know he was coming. I was so confused. Stunned.

I went out of doors. They talked in the living room. I had a smoke and walked back and forth. I read it.

From reading it, and meeting, did it convince you to sign it.

From the meeting.

Did you feel like you had a choice?

I could enter the NDA or end my existence and go get a declare?

Did you understand what an NDA was?

No. I was told I was going to sign something. The word NDA wasn't used.

After this meeting did you decide to sign it?

My dad and I talked.

The decision to do so, was that based on that meeting?

No, there was more. Julian Swartz called me.

What was it about that call?

What he said to me. I don't know if I'm allowed to say what he said.

Go ahead, you can answer.

He started off in a normal answer, Hey, do you know why I call from the LAPD? How did they get my name and number? I told him I gave it to them. He said, Yeah, youre fucked. You have no idea how fucked you are.

And had you given the LAPD his name?

I did.

Did you have some concerns about naming Julian Swartz?

I did, but they told me I had to say who was the first or second person I told about the rape. And he was the third person, but the second person I said it was a rape, and I told the most information to.

You felt it was important for the LAPD to contact him as someone who might be able to provide relevant information?

Correct.

What was your reaction to what he said?

I just felt numb, I said OK. He said when are you going to come in and see me, and I knew what he had.

Did you go?

Not that day, my dad said I didn't have to that day. Julian set a deadline for me to come get the declare or turn in some compliance.

This conversation with Swartz, this was before you had the meeting about the NDA at your house. That's how you know, when the meeting occurred, what was waiting for you.

I knew beause I had gone to the LAPD and that was a high crime.

Was there a mediation for this NDA?

Not for me. I never was involved in a mediation. I only got to hear about it from the other attorney.

Which attorney was this?

Marty Singer.

Was there a point in time when you were to sign a document. Did you sign it?

I did. A Saturday in September 2004.

Before signing the document, were there any other meetings about what the NDA was about?

No.

Is it that you were just told to show up and sign it?

I thought it was really something differnt. I thougth I'd be in and out in 30 seconds.

What happened.

I went to a building, rode up an elevator. The lights were out. A Beverly Hills office. Lights were out. Marty Singer was standing in entry, they spoke. He told me to wait in a conference room. I went there. Two hours later, Marty Singer and her attorney came back.

What was your attorney's name?

(She says she gets it confused with her dad's name, but it was Daniel Novek.)

She says she was freaking out and angry, and Singer said, you want to take her outside?

Her attorney explained to her what had taken place.

Who?

My attorney, Mr. Novek.

Your attorney was trying to explain...

Why he left me there and what he was trying to do for me.

Went to conference room. Documents laid out on the table. Multiple stacks of documents. Mayve five copies. Marty waiting for us. He said, is she ready to sign? My attorney said yes. I went to the cover to turn it and he said you can't touch it. Marty Singer said he would turn the pages for me.

Could you read the contents of the NDA?

Enough. But it was challenging. I saw a name I didn't recognize at the end. "David Duncan." Who was that?

It's a code name for Daniel Masterson.

That's what they used on that document?

Yes.

Did you sign the document?

I did.

Did you feel you had to sign it?

Yes, because I had till six pm or I would have to pick up my declare.

Was there any payment received?

Yes.

How much.

Initially it was this amount and that amount over time, and it totaled $400,000.

After signing this NDA, were you at some time contacted by LAPD in regard to your earlier report from 2004.

Yes.

What year was that?

2016.

Who was that?

Det Esther Reyes.

Did Det. Reyes inform you about something about a prior report?

She was trying to locate it.

At some point in time, the LAPD investigation continued in your case, didn't it?

Yes.

What year?

I was aware of it as of 2017.

Because LAPD reached out to me?

Yes, they arranged to interview me.

Before going to law enforcement in June of 2004, did you make any request or give any notification to the church that you were going to do that?

Yes.

Judge Olmedo decides to take afternoon break.

Back on the record for a moment.

Cohen: Given the amount of testimony about what she's referring to NDA. May I ask the court to change the ruling slightly about what information can come in about that agreement?

The language JD1 is using is significantly contrast to what has been described and what is in the agreement.

Judge: I don't know I'd describe it that way. It was shown to her.

Cohen: It was shown to her. I think I should be allowed to impeach her, or clarify portions of her testimony.

Mueller: The title is "Confidential settlement and non-disclosure agreement." But I don't know that she ever saw the settlement portion.

You two can stipulate to what the title is, but my ruling stands on what can be brought in about the 2004 agreement. I have my Oct 4 ruling, and you can ask me about that.

She reads some case law.

In this case, the court has allowed the existence of the 2004 settlement and 2017 civil suit to perhaps going to a financial motive, but we're not going to get bogged down in the details of that settlement. What is releveant is whether she felt forced to sign it. And two, that I have indicated the draft civil complaint was presented along with it that you can ask about, but the details of that complaint are not admissibie. You have the argument available to you that she was motivated by financial gain. But to go into more specifics would confuse the jury.

Not going entertain more arguemnt on this..

Cohen: Can I bring up one more thing. The civil complaint (2004) doesn't bring up rape.

No, we're not going to go into the specifics of the complaint. We'd have to go into foundation of whether she read it or knew what her attorney told her, and the only way to impeach her would be to call her attorney and that's covered by attorney-client privilege. We're not going to go there. We're in recess.

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