Late afternoon session, Day 9 (Day 5 of testimony), Danny Masterson retrial
Continuing with direct examination of Jane Doe 1.
Mueller: When you saw your doctor, you said you did not tell them about "it." What was it?
Jane Doe 1: The last part, on my stomach.
The anal penetration?
Yes.
But you told them about the other, the vaginal sex.
Yes.
Did you tell Brie about the incident in general?
When she returned to town, but she already knew. There were reports written in the Scientology community we were in. My friends.
What kind of reports.
They are called Knowledge Reports, sometimes Things That Shouldn't Be reports.
What are they?
They are internal reports they are trained to make on each other and on themselves.
What is the purpose?
To provide information to the organization.
What kind of information would be reported.
It can vary. From personal to business to the organization, to members. Bad behavior in their eyes. Not being enthusiastic enough. Not representing the church the way they want you to.
Had you seen any of these reports?
Yes.
Did you tell any other close friends about the vaginal or anal sex that night?
Yes, both.
Who did you tell?
I shared more, as in a more complete, vaginal and sex, with my very closest. My friend Lisa Presley, Paige her assistant.
Paige Dorian?
Yes. And Lisa Presley.
What was their reaction? Shock, horror.
Did that create any problems in the relationship with your close friends?
there were two circles of friends. I was in Lisa's circle, primarily, and the way we interacted with Danny's circle was through Brie, Luke. When Luke heard that I told Lisa, that sent waves into Danny's circle.
Did this create any kind of problems in the relationship you had with Masterson?
I didn't view him the same. He wasn't one of my homies.
Was there a period of time you didn't see each other?
For a couple of months.
Your choice?
Yes.
Any communication in that time?
I remember once, very distinctly.
Did Masterson tell you something about that 2002 incident/
He called me and got his “motivator,” which is a Scientology term. So we were all good now, I could let it go.
What does that mean.
A motivator, a definition? It means to me when you do something bad, something happens to you so you deserved it, is a loose translation.
So he got his motivator, as you understood it, meaning he got what he deserved, or you did?
At that specific time he had fallen out of a raft while rafting with Ashton Kutcher and a rock went up his rear and he had to sit on a donut.
So this incident with you, gave him what he deserved.
He was now absolved in his mind (Obj, stricken)
So when did you see him again.
Around December 2002. There was a peace made between us to let it go so he could attend Lisa Presley's Christmas party.
And you attended?
Yes. But he needed, I had to say it was OK for him to come. (Obj, last portion stricken)
Had the relationship been smoothed over?
I had done some, I'm just trying to translate. I had gone to the Church of Scientology and I was made to look for my part and why this had had happened to me, and further reports on me for holding a grudge. I came to the conclusion that it was the best, and the “greatest good for the greatest number” — a Church of Scientology teaching — to let it go.
So did they put you on an ethics program?
It was counseling, tailor-made questions, and formulas I had to apply to myself, and writing down on paper transgressions I felt I had.
Did he have to go through something similar?
He did not as far as I'm aware.
How did that make you feel?
I wasn't that surprised, it wasn't fair but I wouldn't say that. he was protected.
By what?
By the Celebrity Centre, by the President's office (Obj, sustained)
What was your position at Scientology at that time?
I was considered a public at that time. I had a lower ranking than some people. I was a former executive, or higher ranking, so there was a policy that said I was degraded.
So you were a higher ranking before this?
Correct.
Was it dropped because of this incident?
It had been dropped before.
So after that had kind of resolved, the relationship, were you then again seeing each other as frequently as you had before?
No, way less.
I want to take you to April 24, 2003, about seven months later. Do you recall an incident happening then?
Yes.
This is an incident that happened at his home, on Hollymont.
Yes.
April 24, what had occurred that led up to it.
I had packed an overnight bag after work and headed over to Brie's house. Brie, Luke, Aubrey's house.
They all three lived there?
They were roommates.
Luke was who?
He is the son of the president of the Celebrity Centre. And by my estimation Mr. Masterson's closest friend.
(photo) Who are these people.
I recognize two of them. The two with matching hats. Luke Watson on the left, Mr. Masterson on the right.
Who is Aubrey Watson?
Luke's sister.
You packed an overnight bag. What happened.
I drove to their house on Waverly Drive. Took my things inside. On the second floor, helping Brie pack to go to Europe.
Was anyone there besides Brie?
No.
What was the purpose of you going there with your bag?
I was going to be getting up at 5 am to take Brie and Mattias to the airport.
What happened?
I helped her pack then we went out on the balcony to have a cigarette. Luke pulled up in his car. He came in through a pedestrian gate. We exchanged greetings, he came inside we joined him in the living room downstairs.
Did he understand you were going to be spending the night? (Obj, sus) Did you tell him that you were taking her to the airport?
Yes.
Did Brie finish packing?
No.
What happened.
There was a text or phone call, I remember Brie abruptly announcing "Let's go." Grab your purse.
Where were you to go?
Down the street, do a pop-in for a birthday dinner. We had to make an appearance, she said.
The birthday, where was it.
At a restaurant about a mile away, the Electric Lotus.
A birthday for someone you knew?
His name was Eric Balfour.
Did you all then go there?
Yes. Brie, Luke, and I, in her car. Brie drove.
(Photo of restaurant) Recognize this?
I do, but, that's a new location. That's not where it was.
But it's the same chain?
It's down the block.
What happened when you got there?
There was a small room, maybe two rooms. Informal seating, like on the floor, people were eating family style.
Was Masterson there?
I'm not sure. I'd heard he was. (Obj, sustained)
Who else was there that you knew?
Most everyone in our circles. I have a distinct memory of the girls.
Who were they?
Jen Brill, Jenni Weinman, Paige Dorian, Brie Shaffer, probably 25 people. Luke was there, he had come with us.
(Photo) Who is that?
Jenni Weinman.
Did you know her?
Not well.
Were you friends.
Friendly.
Who was she in relation to Mr. Masterson?
I didn't know then what I know now.
Have you since come to learn what relationship she had with him?
Yes, she's his publicist. Or was.
Did you have dinner?
Yes, it was a family dinner.
Did you have any drinks?
No.
No alcohol?
No.
Had you had any alcohol earlier in the day?
No.
What happened next.
It was breaking up into groups. Jenni Weinman had some tickets for a DJ named Z-Trip, and she offered us, so it was the three Jens.
What did Brie then do?
She went home to finish packing.
But she had given you the ride there.
Jenni Weinman said she would take me back. And Luke was going with us.
Did Luke leave before you did?
(Judge Olmedo asks the jury to go out.)
Judge Olmedo: Mr. Mueller, just as I appreciate Mr. Cohen's style of cross-examination, I appreciate your style of direct and your methodical style, but we don't need every single detail of that night. We need you to get to the events that are important to this incident. Not all of this is important to what happened. It doesn't matter to this event why someone went to a concert. Go to the facts that are important.
She also dresses down Cohen for some of his objections.
She calls the jury back in.
Mueller: After Brie had left, was there a plan for you getting into her house?
JD1: Initially Luke went with me, but then he left, but he said, don't worry, you'll get the keys from me later.
Mueller: Did that work out?
JD1: No. We met up at Mr. Masterson's house. Jenni Weinman pulled up. We went up the stairs. About 20, to 25 people there. Luke was there. I said can I get the keys?
Did you get the keys from him there?
He said he didn't want to get stuck there.
He had them?
He said he did... He said he didn't some time later.
What happened then?
He said it's OK, you can use the guest room, and when Brie gets up at 5 am... (Obj) It was about 1:45 am, and it was loud, and I was trying to figure out how to take my best friend to the airport. So he gave me the guest room to crash on the couch.
Did you call Brie at that point.
It was 1:45 am, she was supposed to be up at 5, neither of us wanted to make that call.
Why?
She was not a morning person, she had a temper.
Did you have concerns about waking her up?
Yes.
So you would sleep over in the guest room then what.
At 5 am, that's when we figured she would call, and we would head over take a second set of keys. (Something about a Volvo, very unclear.)
Then what happened.
Danny came out, that was the first time we saw him.
So you were outside with...
Luke and I were sitting outside on the landing.
(Photo of landing. She describes where they were.)
Is there a door here leading into the home?
Yes.
What happened when you were out there with Luke.
We were discussing Lisa, and Danny came out. He said, what are you drinking? I said, I don't know, vodka something.
Then what did he do?
He came back out and handed me a glass with a red liquid.
(Photo) Recognize that?
That's the kitchen at that house.
Had you been in that kitchen that evening?
Yes. I remember the tile.
Before Mr. Masterson had made the drink, were you in that kitchen beforehand?
I don't think so.
What happened when Mr. Masterson brought a drink.
He disappeared, I continued to talk to Luke. Two girls came outside, we spoke briefly.
The drink was vodka something, what was it?
Welch's fruit punch, red.
When you tasted it, was it unusual?
It was just really sweet. A very sweet fruit punch.
Had you had vodka before?
I had.
So you recognized it?
The burn of it, the effervesense of it.
What kind of glass was it in.
Like a tumbler, like a short but fat glass.
Was the glass clear?
It was clear.
Did you drink all of it?
I did not. I drank maybe half.
Before that had you had any alcohol that night?
None at all.
When you were drinking this, it was still on the patio area?
I spoke to a few friends who were leaving. And I would say 15 to 20 minutes later Danny came back out.
He met you on that balcony area?
He had wet swim shorts on, he said, "[Last name] is going in the jacuzzi."
Had you been in it before.
Before, a long time.
How did you react?
I said oh no.
What were you wearing?
Black pants, black tank top, and a sweatshirt.
Did you have concerns about going in with your clothes on?
Yeah, I had leather boots on.
How were you feeling?
I felt relaxed and listening to Luke talk. I said no no, and Luke said no no, then I started to become aware of my mental and physical.
Was it like your physical strength was less.
Yeah, I had no strength. I was like floating. And he doesn't take no for an answer, he throws people in. This is just a disaster, I have maybe two or three house before I have to take her to the airport.
Other than loss of physical strength, were you feeling anything else?
Just light-headed, loss of strength, maybe I felt slow.
This was about 15 or 20 minutes after you started drinking.
About 15 or 20 minutes.
Then what happened?
He continued to pull me toward the door. Luke is saying, "Oh come on, man." He [Danny] is not listening. We get to the stairs, he picks me up, and Luke is shadowing us.
(Photo of hallway looking through front door, then photo of stairs from living room.) Where does that lead?
To the backyard, to the jacuzzi.
(Photo of backyard) Recognize that?
That appears to be the backyard, with some changes.
What happened when you got there?
Where the jacuzzi was, it was a stand up jacuzzi, not in the ground. He pushes me in when he got me on the ledge.
Were there any clothes removed?
I got my boots off and I was struggling with my pants.
Why were you struggling with your pants?
They’re not supposed to get wet. He would say, you have 15 seconds to drop what you don't wan to go into the jacuzzi.
Were there others in the jacuzzi?
Yes.
Did you have any clothes on?
Everything from the top, and underwear.
What happened when you were pushed in.
There were two girls and Jimmy Debello were in. When Luke approached he was right behind, He said I'm so sorry, so sorry (Obj, last part stricken)
How were you feeling mentally?
Dizzy, and it got worse.
Once you hit the water, did it feel hot or normal?
It was what you expect in a jacuzzi. it was a cold night. The jacuzzi felt fine but you knew you’d be cold when you got out.
Had you been in it before?
I'd been thrown in it before.
The water temperature, did it feel different than other times?
No.
Did you start to feel other things in the jacuzzi, mentally?
In the jacuzzi I’m aware that I'm dizzy, that my breathing is hard, now my strength is that I couldn't sit up and I might slip into the water. I could see the other girls but I felt I couldn't communicate, I was shutting down. Everything was slow, I couldn’t focus on their words, my head was spinning, it was hard to breathe, and I felt if I didn't get out I would slip into the water.
What about other symptoms? Hearing, speaking?
Not in the water. The first thing I remember my vision was hazy in the water.
Did he leave after he pushed you in?
I think he left but I can't be sure. I couldn't see very far. I don't remember hearing him or seeing him after he pushed me in.
Your vision not seeing far, was that unusual?
Yes. Normally I’m far-sighted.
What about Luke, was he there?
Yes, he came to my side. He said let me get you a towel and get you out. He grabbed one and he was helping me, I couldn't stand up, he was saying whoa whoa whoa.
Did you try to pull yourself out of the jacuzzi
I did but I couldn't do it, my strength from sitting up was leaving, let alone get out of the jucuzzi. Luke said let me help you. I was so confused and nauseous. I just needed to get out of the water.
Did the nausea come in while you were in the water?
More more when I was on the tile.
Judge Olmedo: We're going to break there for the day.
Tells the jury and Jane Doe 1 to be here at 9 am on Monday.
She cautions them that there may be May Day congestion around the Civic Center on Monday.
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I haven’t read this article yet but the second I saw the headline, I nodded my head yes. Even almost 40 years out, I struggle with traumatic things that happened while I was in scientology that they worked hard to force me to forget. Even with therapy, there are holes in my memories forced there by scientology that I’ve had to struggle to recover. I just wanted to get that fact out before I even read the notes.
Jane Doe 1 did a good job of describing the ethics system that encourages writing reports on other members. A snitch society in the true sense of the word. CCP has nothing on Scientology. For those who were never in, the big brother insanity is a way of life in the organization.