Late morning session, Day 10 (Day 6 of testimony), Danny Masterson retrial
Deputy DA Anson is making a request that a gentleman in the gallery wearing a cross be asked to move to a different part of the audience. (He's in the straight eyeline of the witness stand.)
Judge: The reason for the request?
Anson: It is, I have not spoken to this individual, it has been brought to my attention that they may be here to be sure that Scientology’s religious rights are being protected.
Judge asks the man who he is.
Rev Skip Larue.
Judge: You are here as an observer?
Correct. (He says he's affiliated with a religious liberty association in DC. Lives in San Diego. Ordained by the Methodist church
And your interest here?
As an observer with respect to issues of religious liberty.
Judge: He certainly has the right to be here. I don't know that he's affiliated with Scientology.
I'm not affiliated, I'm not a member.
Cohen: Can I request the source of the info?
Judge: No, I don't think you're entitled to that information. My only concern is simply about the testimony and the smooth operation of the courtroom.
Jane Doe 1 direct examination continues.
Jane Doe 1 is describing the family being in a hurry to pack for the family trip to Florida.
How was your body feeling at that time?
Hurt everywhere. I felt in a complete daze. Everything was muted. I just sat there.
Any pain?
Yes. Vaginal area. I was sitting on a cushion. I had flashes of the night before. I went to the bathroom. Felt like I was bleeding, but I didn't see any blood. I had some intestinal issues in the bathroom. I had diarrhea, really bad, almost like a gel, a brown discharge.
What type of flashes?
I remember his hands and his face and his throat. I looked in the mirror, I didn't see any bruising at that time. I saw what I thought were small red-purple dots. (On her neckline). And I didn't understand the appearance of these at the time. I thought it was a disease, but they were purple and they stuck out.
You didn't have those before going to his house?
Correct. Not in that area, and not in years. I'd had some on my body before.
What time was the flight supposed to leave that day?
It was a red-eye. I don't have an exact time. It always landed around 5 in the morning, to Tampa. Then we had plans to move to Clearwater. The Clearwater Beach Hotel.
(Photo of the hotel.) How long was this trip?
Seven to ten days.
Who went?
A large group. My mother, my father, my cousin Rachel, and older family members. I my grandfather, great aunt, great uncle, friends of my dad's.
During the flight, how were you feeling?
Really cold. I went to the bathroom frequently, and had flashes the whole time. It was like I wasn't present.
What were the flashes, the things coming to your mind?
The toilet, the vomit, I could smell the vomit in my hair.
Did you begin to notice any bruises?
I did.
When was that?
In the daytime on Saturday, later in the afternoon. We were outside in the courtyard. My touched something on me and asked what it was. (Obj, overruled)
When you say on Saturday, how many days had you been there.
Not even 24 hours. We left Friday about 11 pm, landed about 5 am Saturday. After resting, in the afternoon. So less than 24 hours.
What did you first start noticing in the way of bruises.
The first one I didn't see, but my mom touched something on my back.
Where?
On my left side. Above the hip area. She touched it and it hurt. "What is that?" I don't know, I told her.
Did you notice other bruises?
They kept coming and my mother was asking me about, and compared it to my grandfather. He'd had a really bad fall that Friday and almost didn't fly. He had tumbled and he was like 80. We had to call 9-1-1, it was a big deal. This was before the flight.
Where else did you see bruises?
Along my arm, across my hand, on my hips, all down the side. (Points to her left hand between pinky and wrist.) This is the one I was most aware of.
(She's standing and showing various parts of her body where she had bruises. They didn't do this in the last trial, showing bruises were on her thigs, arms, and other places.)
As these bruises were appearing, were you talking about them to anyone?
My cousin asked me, alone, and she was the only one I spoke to about them. Everyone else made fun of them.
Who was your cousin?
Rachel.
(Photo of Rachel and Jane Doe 1). Is she younger?
Ten years younger. She was 17 on that trip.
What did she ask about them.
She said, What happened? (Obj, stricken)
Did you tell her why you had those bruises?
I did. I said something really, really bad happened to me, please don't tell anyone.
How did she respond?
She seemed shocked. It scared her.
Did you tell her any more?
She said when, who. I told her I'd been at Danny's house. I didn't want to tell her what I was remembering. It was really bad, please don't tell anyone.
Were you trying to conceal them from the rest of the family?
Yes. I didn't bring any clothes. I was using my mother's clothes, and I covered as much as I could during the day. I stayed in my room all day. I tried to come out during the evening. The jokes turned to concern about the bruising. they were no longer making fun of them because they were becoming more intense.
(Photo of Jane Doe 1 on April 30, in bikini with drink, with waiter.) Is that you?
That's me.
Date stamp, April 30, is that consistent?
Yes.
Where are you in this picture?
The pool area of the hotel at night. I was with my cousin, and that's the waiter.
On this photo are there areas where you started to notice bruises?
I can see the arm, I can see the hand, I can see the hip. (Mueller points out these spots on the photo, difficult to see from the back row.)
During your time in Florida, did you have any contact with the defendant?
I did. By phone. I'm not sure who called, me or him. Very brief. Where are you? Florida, what happened? He laughed. He said, "We had a good time, call me when you got back." I shouted No no! And I hung up. We were outside. I know where I was sitting, where those umbrellas were.
Why did you react, No no!
I wanted him to say, you passed out, or I don't know what you're talking about. I didn't want what I remembered to be true. I just wanted a reason for my life to go back to normal and be good.
So how did his comment affect you?
(Emotional) That everything I was seeing and feeling was accurate and I had no idea what I was going to do. I had no idea. I didn't know what to do.
During this trip, did you disclose anything about April to anyone but Rachel?
No.
Why?
Two reasons. One, it was my dad's birthday, and I got into trouble if I ever shared anything bad with my parents, and my mom would write to the leader of the church if anything happened. And you always have put on a happy face and be representing the organzation and I was going to ruin everything for all of us if I said that.
The concept of always putting on a happy face, you learned that in Sci?
Yes.
Something you were taught?
Indoctrinated.
When you return from Florida, did all of your family come with you?
Yes.
When you got back did you report what happened to anyone at the church?
I did. To Julian Swarz.
Who is he?
The person I was assigned to. The person in control. Almost like a para-police department he was in charge of. I was under his supervision, so even if I was going to Florida for a week, he had to agree to it. I was under a program called OT Eligibility.
Under his supervision, does that mean with regard to all activities in your life?
There's no boundaries. There's none. I can't say I don't want to talk about it. There's no privacy. There's all of it, all of your life, particularly the more sensitive stuff, that would be his wheelhouse.
Where did you go to report to him?
His office at the Los Angeles location. He was in a building called the Advanced Organization, we always called it "AO," it was a blue building.
(Photo of AOLA and of Julian Swarz.) In the photo, AO is in the center.
That's Julian Swarz.
What did you report to him?
I said Danny raped me. He closed the door. He had a tiny room, no windows. He closed the door behind him. He said, "We don't say that word." (Obj overruled) I told him what I knew happened. I told him I don't know what to do. He asked me who I told, and started grabbing books, red volume, green volume. He put them down and this little kit and sat down.
What are these books?
Tech Vols, Green Vols, the ethics book.
What did he direct you to?
He opened the red one first, to the section about suppressives.
Were you familiar with that?
Very. (She describes having to study those policies, and model them in clay to prove that she understood them.)
Those sections he directed you to, did he have those review those?
He would point at them, then handed me a box and say, demo that for me. That bo has little trinkets in it. Demoing it proving you understand the concept. In Scientology it's really common.
What section he wanted you to demo?
This part about not reporting to civil authorities.
Did you have an understanding of that before?
Completely.
At this time, when you were meeting with him, what was already your understanding about reporting to law enforcement?
That you absolutely cannot. and I was telling him I wasn't toing to do that. I wanted to know what to do, and he kept saying, demo this for me. and he made me break down if I reported him, that it would suppress him to practice Scientology. If he was in jail or prison, he can't practice Scientology.
And so you had to demonstrate that to him using the trinkets in the box?
Yes.
Judge Olmedo says we're going to take the lunch break.
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Way more coherent detail about the incident, who saw the bruises, and the specifics of how scientology absolutely trains you and enforces that you do not report to civil authorties. How it is in the policy of scientology and you are required to demonstrate that you are not allowed to report to police or other authorities outside of scientology. This completely can explain to the jury why there were delays in reporting the rape(s) to the police.
I really really hate all those @#$#$@ in Scientology who victim blamed and protected rapists