Late morning session, Day 12 (Day 8 of testimony) Danny Masterson retrial
People you may now call your next witness.
The People call Rachel D.
Deputy DA Ariel Anson: (Places photo) Who is the person on the left?
Rachel D: Me.
On the right, is that your cousin [Jane Doe 1]?
Yes.
Is JD1 older or younger?
Older.
By how many years.
Ten.
In 2003, were the two of you living on the same property?
Yes.
What was the nature of the relationship then.
We had a good relationship.
You were close?
Yes.
Have you maintained that over the years.
Over the years it faded after I went to college, and her family moving, we didn’t keep as much in touch.
Are you still close?
Not as close as that time.
Do you love your cousin?
I do.
In 2003, did you know whether she was a member of Scientology?
I did know that she was a member.
were you a member?
No
Have you ever been?
No.
In April of 2003, did you and JD1 go on a trip..
Yes.
Do you remember when in April
I don't specifically remember when
Where did you go?
To Clearwater, Florida.
How many went?
More than 10.
What was your relationship to them?
It was a family trip. Her parents, my parents, cousins, uncles.
How did you and she go there?
We flew.
What time of day?
In the evening, at night.
Did you travel with her to the airport?
No.
But you were on the same flight?
Yes.
Were you sitting together?
No.
When you observed her that night, before getting on the plane how did she appear?
Quiet. Not as interactive, usually we talk or shoot the shit, joke around. She just seemed quieter.
Was there anything about her appearance that seemed unusual?
She was just fully covered. She had a scarf on. It wasn't so cold, to me, to have to war that, but she was bundled up, covered up.
When was the next time you spent time with her?
I don't recall exactly when, if it was the night after we got there or soon thereafter after we got there.
When you arrived, where did you guys stay? A hotel?
It was a hotel.
A beachfront property?
Yes.
How long was this trip?
I can't recall specifically, but I think around five days.
At some time on this trip, yo u spent time with her?
That's correct.
do you spend a lot of time with her?
I would see less, not as often. I spent more time with other family members than her.
What time of day when you spent time with her?
In the evenings, or at night.
Where?
The beach, the pool, with family.
When you were doing that during the daytime, did you see her?
Not at all. I don't think I saw her during the day.
Do you remember what she was wearing when you saw her.
A coverup and a bathing suit, when we went to the jacuzzi. It was jut the two of us.
Did she at some point take the coverup off?
Yes.
Did you notice anything?
She had bruising. On her arms, and her hips, her pelvic area.
What reaction did you have?
I was surprised and I asked her if something happened. Did you fall, did you hurt yourself?
Did she have any reaction to you asking that?
I think it was kind of like, taken aback. I don't know how to describe a whoa or an uh.
Did you ask her anything about them?
I asked her what happened.
Did she tell you how she got them?
She was hesitant, but she said you can't tell anybody. Something happened to me.
Did she tell you what happened.
Yes, that the previous night, or the night before we took off, that she had gone to dinner with a couple of friend’s and after that went to the defendant's home and was asked to go to the jacuzzi, and she did, and she was handed a drink, and after consuming that she stated feeling dizzy and hazy and after that she doesn't recall much of what happened, or she didn't tell me (at that point).
Did she tell you whose house?
Yes, the defendant. (Asked to identify him.)
Did she ever tell you how much she had to drink the night the incident happened?
She had like a drink at dinner and then, from what I recall, a drink or two, and then a drink at the jacuzzi.
That's what your memory is today, of that conversation?
Yes.
In 2017, did you speak to the LAPD officer Det Vargas?
Yes.
Was your memory better than in 2017 than today?
I guess, yeah. Sure.
Do you remember exactly what JD1 told you about how much she had to drink, or would looking at a transcript help refresh your memory?
It would.
(Shows her the transcript) What did you tell Vargas?
She had a drink.
And did she tell you whether the symptoms were dizzy, after consuming it?
Yes.
She said that a drink shouldn't make her feel what she was feeling.
Are you giving us verbatim the words that JD1 said?
No.
Why not?
Because it was 20 years ago.
Did you take photos of that trip?
Yes.
Did you take two photos that show JD1 in a bathing suit?
Yes.
How do you recognize those two photos?
I took the first one, and I believe the waiter took the second one of us.
The bruising in the photos, did it look the same in person?
In person they looked darker.
Before you came to court today, did you speak to JD1 about her testimony?
No
Did you tell her what you were going to testify about?
No.
Since the Florida trip, have you had conversation about the trip.
Yes, between 2003 and now.
A lot of convos about Florida 2003, or not that many?
Not that many.
The photos we saw, were you asked to provide those to law enforcement?
Yes, sometime in 2017 or 2016. They weren't in the stack of photos I took from that trip. They were missing.
Where were all the photos from the Florida trip?
In a pouch, with negatives.
When you saw these were not there, did you have them reprinted from negative?
Yes.
And what did you do with them?
Provided them to Det Vargas.
When you would have convos with JD1, were some about obtaining these photos?
Yes.
We talked about it. She had spoken to detectives, and she was trying to get justice.
Did she ever tell you, if you speak to law enforcement, tell them A, B, and C?
No.
Did you ever tell her when you spoke to law enforcement, you would say X, Y, and Z?
No.
was the first time you spoke to law enforcement in 2017?
Yes.
And that was Det Vargas?
Yes.
Did you tell him everything you remembered about the trip?
Yes.
Is that from your independent recollection?
Yes.
No further questions.
CROSS-EXAMINATION
Cohen: You've actually testified in a prior proceeding?
Yes.
And that was in October?
Yes.
You used this term that JD1 just wants to get justice, is that right?
I used that term.
Where did you get it from?
My head? that's what I'm recalling now.
She told you that?
Not verbatim.
Whose term is it that JD1 just wants to get justice.
Mine.
That's what you're trying to achieve.
I'm not trying to achieve that.
You were not present the night of April 25 with JD1 and Danny?
That's right. I wasn't there, I don't now what happened there.
And so when you speak about it, it's what you recall JD1 telling you.
Yes.
You mentioned that you lived with JD1 and her family?
Yes, on the same property. I moved out to go to college. Moved there about two to three years before.
So about 2000, 2001.
Yes.
In 2001-2004, you were not a Scientologist?
I was not.
And you were living with Scientologists.
We were living on the same property, not in the same house.
And you were hanging out?
Yes, on the weekends.
And you said you were very close?
Yes, we were very close.
She knew you were not a Scientologist.
Yes.
And yet you had this familial love relationship:
Yes.
Now, at some point after 2003, but before 2017, you speak to JD1 about the Florida trip, correct?
Yes.
DO you recall when you spoke to her initially in that time?
She told me about it in a Florida trip and the last time, in 2016 or, I can't tell you the date.
You spoke to JD1 before you spoke to Vargas.
Correct.
More than once.
Yes, I spoke to her.
You said today your memory is not all that great about what happened 20 years ago.
Correct.
Is it fair it wasn't all that great in 2017?
It wasn't, yeah, not fresh in my mind.
Did she tell you that Vargas was going to be calling you?
She said someone may reach out to them.
So she reaches out to you, tells you you may be a potential witness to a case.
She said someone may be in contact with me.
And you wanted to be as prepared as possibly.
I wouldn't use "prepared."
Did you want your memory to be as fresh as possible.
There wasn't anything I could do to be fresher.
One thing you could do is talk to JD1, right? (Obj, overruled)
It would be, but I didn’t tell her, tell me again what happened.
what was the last time you spoke to her?
Two to three weeks ago.
So after the last time you testified.
Correct.
When you spoke to Det Vargas, whatever you did tell him, was truthful?
Yes.
Was as accurate as you recalled it?
As accurate as I recalled it.
And it was what you thought happened in 2003.
What I told them is what JD1 told me.
And you believe that was accurate to what happened in 2003.
Yes.
Did you tell det Vargas everything you could recall about that trip?
Yes.
Did you ever tell Vargas that while you were all in Florida in 2003 that JD1 was doing everything she could to keep herself covered up during the day.
I didn't see her much in the day.
My question sis, did you ever tell Det Vargas that JD1 was doing whatever she could to stay covered up during the day?
No, I didn't say that.
When Ms. Anson asked you a question about drinks, and you said JD1 said she had two drinks at diner.
I don’t remember if I said one or two.
Do you recall JD1 telling you she had two drinks at dinner?
Not specifically, it was one or two.
And that was at dinner, correct?
Correct.
When you spoke to Det Vargas, did you tell him that JD1 was not much of a partier?
I believe I said she was a bit of a partier.
And that was in 2003 she was a bit of a partier?
Yes.
Did JD1 indicate to you that she had gone to Danny's house, with some people?
Yes.
Did she ever tell you she went there to get some keys?
The purpose was to get keys or something like that from a friend there.
Did you tell that Det Varaas?
I don't recall saying that.
Is that an important fact to you?
No.
If that is something you recalled in 2017 you would have told Vargas.
I don't know if I would have remembered, but if I was asked, it would be something I'd say. But I dint' think it was super pertinent.
Did she tell you that when she got to the house, that she was asked to go into the jacuzzi?
I belive she was asked to and she wanted to hang out. She was asekd, do you awnt to hang out.
and then she wanted to go into the jacuzzi
I believe she willingly.
And then did she indicate to you that after she went into the jacuzzi, things became hazy?
It was after she ha received a drink, and after she consumed that, part of that, she felt dizzy and didn't feel normal.
Did you tell Det Vargas that after getting into the jacuzzi, everything goes hazy from there.
I did mention something along those lines.
And that's what you learned froom JD1.
It was my interpretation.
You're listening to her speak, and now you're telling this jury as best you can recall, what she told you.
Right.
Did she tell you that after she got into the jacuzzi and had a drink, everything goes hazy.
I can't say it was verbatim.
Why would you tell Vargas if she didn't tell you that?
She told me that in her own words.
So when you say your interpretation, you're doing your best to tell us what JD1 told you.
Yes.
Did she tell you that getting into the jacuzzi she felt hazy and then woke up the next day.
That was the information she told me that she woke up the next day, she didn’t say how many hours it was.
Did you tell Det. Vargas that things get hazy and she woke up the next day.
Yes, she didn't remember specifically, and she woke up the next day confused.
Let's put aside what JD1 told you, let's focus on what you told Det Vargas in 2017, did you tell him that she said, she was in the jacuzzi, had a drink things became hazy, and then she woke up the next day.
Yes.
By the way, are you aware that JD1 has a civil lawsuit pending against the Church of Scientology? (Obj, sustained) Do you have an interest in this case?
Yeah, I want the right thing to happen.
When you got to Florida on the morning of April 26, when was it that you had this conversation with JD1?
I can't recall if it was that same evening or a day after.
The convo you had, did you have it before or after the two photos were taken?
After.
So if these pictures on April 30, 2003, it's your recollection that you had this convo after April 30?
Yes.
You had been in Florida five days?
The trip total was about five days.
And you got there on the 26th. You're with her the 27th, 28, 29th.
I was with the family, I wasn't hanging out with her all the time.
But you're seeing her?
I saw her primarily in the evening. I didn't see her much or at all during the day.
So at no time from April 26 to April 30 is there any discussion about any bruising.
As far as I recall.
Despite seeing her for five days.
Again I didn't see her during the day.
So you don't know what she was doing during the day.
When you say she was in her hotel room all day, you don't know that.
Correct.
After you take these picutures, and JD1 then tells you about the bruises, did you do anything to memorialize the bruising, take pictures?
No.
Was JD1 all banged up.
She had bruising on her arms and pelvic area.
Did you tell Det Vargas in 2017 that she was "all banged up."
It's a term I used, yes.
Did you use that beuse it was something you discussed with her.
I used that term beasue she had bruising that was not uual.
No further questions.
REDIRECT
You mentoiened that you spoke with JD1 two or three weeks ago. What about?
She had been asked to provide photos of her past in general and she asked if I could provide any.
Any conversation between the two of you relating to the facts of the trip?
No.
When you were telling Det Vargas about how she felt after consuming the drink, at the jacuzzi, what did you relate to him she said about the level of symptoms?
That it wasn't normal to feel the way she was feeling after consuming that drink.
Did she say what caused that? (Obj, sustained) Did she tell you what she thinks happened?
Yes.
Did she believe the amount of alcohol she drank would cause those symptoms?
No.
On cross you felt about the waking up feeling hazy and waking up the next morning. Did she tell you how she felt when she woke up?
No, just that she was confused and didn't recollect what had happened.
Did you tell Vargas that she was “freaking out” about what happend when she woke up?
Yes.
And was she freaked out in terms of what she told you?
Yes.
No further.
RECROSS
Cohen: Did she tell you she had woken up next to Danny?
She didn't say she was in bed with anyone.
No further questions.
Judge Olmedo calls for the lunch recess.
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"Let's put aside what JD1 told you" FFS. Isn't that what she's there to testify about?
FYI.. your link to today's post is actually linked to yesterday May 2nd.