JANE DOE 1 REDIRECTS ON DEFENSE QUESTIONS: Danny Masterson trial, day 8 lunch 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.]
Mueller: We were talking about your views changing about the 2002 incident. In 2018 with regard to your change of view, did that change have anything to do with your views then of Scientology?
You have been asked a lot of questions about the 2004 report to LAPD. YOu were asked if you told any officer in 2004 if you were unclear about some things that happened.
That I'm sure I wasn't certain about everything that happened?
Becaues I'm not sure about everything that happened and it was a very unsuual occcureence.
And you were concerned about your parents finding out?
And did you tell them?
You told your father about the 2003 incident?
And what was his reaction? (Obj, sustained.)
You also said on cross that in 2002 at the Lucky Bar you had no indication of Mr. Masterson hitting on you.
You were asked you were comfortable getting in the car with him, and you said no.
Because I'd had some bad experiences with him recently.
What were those? (Obj, sustained)
With regard to 2004 report to Schlegel, you said you did not provide name of Cousin Rachel.
Two reasons. She's like a child to me. Like not my child but I viewed her as one. She had just turned 18. I felt so bad I put her in that place. And I didn't use the word rape. I didn't want to drag her into it.
But you did provide a list of other names to Off Schlegel?
When you were on the plane and saw the bruises on your body, and subsequently in Florida, you said on cross that they had come from Mr. Masterson.
You said you didn't want to believe it. Why?
It would be catastrophic to me, medically what that would mean. 2, I coudln't tell the people I was closest to. I would have to keep my mouth shut, and I was ffreaking out, and I got in so much trouble for the first one that was nothing compared to that. (emotional)
But you recognized that it was true.
You were asked about the 2002 incident about whether you said no, or stop, during the vaginal penetration. And you indicated you didn't use those words specificaly.
What words did you use.
Oh my god this is stupid, why are we doing this? I would go like this (motion like pushing hair out of her face), his breath smelled like cigarettes, and I realized it was him, I saw his face, and it would startle me that it was home.
In the 2002 incident, when his penis touched your anus, can you tell us how it is that you told him no, tone of voice?
I said, (emotional), if I recreat it, can I just describe how I said it? It was like a plea, "No," but loud.
After you made that plea, the penetration kept up for a bit.
They keep saying touch, it wasn't touch, he was inside of me. I had to pull away from him to make it stop.
So it wasn't that Masterson stopped when you said no.
I stopped it, he did not continue.
You were also asked in 2003 at his home, while you were initially there trying to get the keys, the question was, did the thought ever occur to take a cab the 15 minutes to Brie's house. And you said no. Why not?
Because I'd be stuck. I wouldn't be able to get past the seven foot high gate into the house. I wouldn't have a way in.
He then asked why didn't call a friend and ask for a ride. Why not call a friend?
I'd have the same problem. I'd be stuck on the street in the middle of the night, and no way to get past the security gate.
Why not just call Brie?
Yeah, we talked about that, it's a no. (Stricken.)
So you said you had talked to Luke about that idea?
Why did you not go along with that idea?
Fear of what?
What were afraid about and calling to tell her the situation.
She was supposed to be asleep to go to the airport at 4 or 5. She had a violent temper and everyone was scared of it, particularly before coffee.
So calling her around 1:30 or 2, was that a concern for you, waking her up?
Yeah. I didn't want to do it. He didn't want to do it.
And then he came up with a plan that you would just spend the night on a couch or guest room.
We would wake up when she claled uas and screamed at us, where the fuck are you?
You stated yesterday that you were asked about Off Schlegel 2004 interview that you had taken a drink from kitchen to outside yard. You said you didn't say that. What did you say?
I told him some of my snapshots, bubbles, and I did recall seeing a Welch's juice carton on the counter and seeing the condensation on it, and it was the red punch, and seeing the condensation and thinking someone should put it in the fridge, and then I told him about some things I saw in the backyard.
Do you recall when you saw the Welch's container?
I don't know, I just told him what I remembered.
He just asked me if I knew what was in it. I just told him about the condensation that it was a snap memory I had.
You also stated that Schlegel thought you weren't speaking English. (Obj)
Mueller: The voice mail that you left for your dad, you said that was at the top of the stairs. Do you rememer how you got out your phone?
What message were you trying to send?
Were you able to send that message?
Luke took the phone (through tears)
That was at the top of the stairs?
You said you never received a copy of the voice mail.
I never received a copy, my dad asked me about it. (Latter part will be stricken.)
You also indicated that Reyes told you to communicate to with the other victims, correct?
Do you recall when that was?
End of January (2017), when I got a phone number assigned.
What do you mean?
A police phone number that records calls, pretext calls. You pretend it's your number and when someone calls, it's recorded.
Who gave you that?
Did you record certain calls?
Did you record a call from a Jenni Weinman.
Is that one or more than one.
I only recall one.
Did you record Shaun Fabos?
One or more.
Who is Shaun Fabos?
My mom's assistant, but really my friend first.
Did you record a call from your mother?
One or more?
More than one.
You've been asked a number of times of going in and out of consciousness at Masterson's house, Going in and out of consciousness, can you describe for us, best you can, your perception at the time, the process of your being unconscious. Do you understand the question?
Olmedo: I don't understand it either.
Mueller. Not sure I do either. (Tries again) What was the process of learning that you'd been unconscious?
That I would wake up from it. (In the shower, that the water was off.)
Your statemen to Schlegel, you said you had protected some people.
What does that mean?
Well, in addition to the one I mentioned, my cousin. I don't know if I'm allowed to say it.
Well if you protected some people, you had a reason to do so.
What people were you protecting and why?
The Church of Scientology.
Susan WAtson, president of Celebrity Centre.
That's Luke's mother?
Those are the ones that come to mind.
Why would you do that?
(emotional) I thought I wouldn't get in as much trouble for going to the police. Maybe they would listen and do what wouuld right and that would not piss them off at the ultimate level. I thought I could report the crime and keep my family and my life.
Mueller: Breathing problems and losing consciousness, why was that not a concern but your hand's injury was.
Because I couldn't do this (making a grip)
[Sowing the bikini photos]
As to the photo below (JD1 and Rachel) Do you see how you're holding your left hand there? Down below?
Did that have to do with the injury?
And I think as you gestured yesterday, you held it in a similar fashion?
When you went to report in 2004, you also provided a number of documents to him, correct.
And that included photos?
These two photos?
I provided a report that Julian and I composed in 2003. (Asked and answered)
Mueller: Your honor, I have a copy of a report...
Olmedo: We'll take that up at the break, ask a different question.
Mueller: You indicated that in regard to the civil lawsuit that you sued for two reasons.
Yes. (Obj. Rephrase)
What are the two reasons you sued? (Obj, overruled) What are the reasons?
The only way to make them stop is to sue for peace.
Scientology. That's the policy. It's actually what it says. (Latter part stricken)
And you have concerns here today about harassment and retaliation?
His people and his faith, Scientology.
Is this fear just for yourself?
Who else are you concerned about?
How many do you have?
Olmedo says we'll stop there for the break, reads the admonition that there is no evidence that Masterson is behind any retaliation, and it is only being introduced for state of mind not truth of the matter. Similar admonition about the civil lawsuit. And an admonition about Scientology (not truth of the matter).
Jury and JD1 out.
Olmedo: What is this document?
Mueller: A three-page report JD1 gave to the LAPD. This was done in 2003 and it has all the details about the keys and the facts that the defense says she never told Schlegel. This is a prior report that is consistent.
Olmedo: Mr. Cohen?
Cohen: It wasn't made to Schlegel.
Olmedo: It doesn't have to make it to him to be a prior report.
Cohen: It's hearsay. One person signed off on it and says she made it a long time ago. That's not a prior consistent statement.
Olmedo looking up the law for prior consistent statements. 1236 of evidence code. Not made inadmissible by hearsay rule... I will read it at lunch and let you know. But I will say that a letter written by witness with foundation can be admitted as a prior consistent statement.
Cohen: There was a statment about a prior statment JD1 made to her dad. That has never been cleaared as a fresh complaint witness.
Olmedo: I don't think he will be testifying. He's deceased.
Cohen: It's hearsay.
Olmedo: What are you asking? Strike that testimony.
Cohen says he wants even more than that and twice says the father's full name in open court.
Olmedo: I think the testimony is simply that she told her father, which doesn't qualify for ... I will review it at the break.
Cohen: The other thing is, to ask JD1 about her fear and concern on redirect when she has spent an inordinate amount of time on direct, it was never raised on cross that she was in fear, I think it's outside the scope of cross. And now, what i understood the court's ruling about harassment was that it was going to be very general. Names, the probative value is not only de minimus, it is illogical. She's never claimed that any official of COS has participated in this rape. She goes and reports and lists six people. It is now being raised on redirect and it's not relevant.
Olmedo: Court allowed testimony because defense has spent two days in inconsistencies on police reports, regarding gun and other things, and all inconsistenice, and she has admitted that there were ommissions. Her testimony wasn't that the peoplie she named today were involved in harassment, that when she reported she ommtited people to protect people, and it was proper redirect to get form her that she was protecting David Miscavige and Susan Watson. it was limited to that, and she didn't go farther than that, and she didn't go into specifics of harassment and there's plenty of case law that it's admissible. And it was limited.
Can I respond?
I'm not a party here. You can make a record.
She hasn't denied making statements about a gun and dragging in the hallway. It's illogical to focus on something so collateral to what she told the police. She's not denying those statements, she's saying that Schlegel go thtem wrong. Can we ask Mr. Mueller where he's going to go...
You can ask him that directly. We're on recess.
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When a friend of mine became a Judge, I asked her if she was excited. She says “well, I always wanted to be a playground monitor when I grew up.” Judge Olmedo does it well, but that’s really what it seems like, only a really ugly playground.
Cohen is coming off worse and worse. I'm sorry, I think he needs to get straight what his job is. It isn't protecting Scientology. That is all he is concerned about.