JANE DOE 2 BEGINS TESTIMONY: Danny Masterson Trial, Day 13, morning break report
[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.]
Early morning session.
Chynna Phillips has joined her sister Bijou this morning in the Masterson family section. We had heard she might be coming to court today. Chynna has an evangelical Christian vlog at YouTube, "California Preachin'," and she is married to Billy Baldwin, who came to one afternoon session of the trial.
Judge Olmedo is here. No jury yet. We're on the record.
She says that defense attorney Philip Cohen has something he wants to bring up, and he asks for a sidebar. No, she says, we can do it in open court.
Cohen: I was trying to get some specifics from the People about what they are going to ask Jane Doe 2. There's a previous ruling about a prior incident and we want to know what the parameters are and that the witness is admonished before taking the stand.
Olmedo says the two sides can talk it over.
Cohen and Mueller compare notes.
Judge Olmedo: Did you work it out?
Cohen: I think so.
Deputy DA Reinhold Mueller has the next item for the court.
Mueller: We have a stipulation as to juror 10. (Seat 10, actually Juror badge number 16)
Olmedo: You both are stipulating to remove him?
Cohen and Mueller: Yes.
This was the juror that on Friday they were talking about because he seemed to be nodding off. Olmedo cites that both parties have raised issues about Juror 10 and they have stipulated that he can be removed and an alternate seated.
Defense attorney Karen Goldstein has the next item.
Goldstein: As of Nov 1, yesterday, Leah Remini has tweeted 36 points about this trial. She has commented on defense strategy. She has commented on Scientology. She was at one point a victim advocate in this case. She was at JD1's interview in 2017. She has met with Det Vargas multiple times. The tweets emphasize the points made several times, but the defense says this makes it exceedingly difficult for Mr. Masterson to get a fair trial. She is asking the media to cover this trial even more, and it refers to a "multimillion dollar cult." Wants to lodge it on the record in case the jurors have been influenced by this.
Mueller: I'm not aware of any of that being tweeted by Ms. Remini. I do believe there are a number of other media reporting on this case and podcasts going on. So I imagine this isn't the only information about this trial going on.
Olmedo: I've not seen it. Certainly Ms. Remini's views don't influence my legal rulings. I follow the case law, and so whatever she is tweeting about certainly has no bearing on the court. As for our jurors I have significantly admonished them not to pay attention to social media and we assume they follow the court's admonition. I don't think any of them indicated that they followed Ms. Remini at all. I know some indicated they had seen her show. But I don't know any of them have been exposed to that. But if you want to lodge it to lay a record, you are certainly welcome to do so.
Goldstein: Thank you, your honor.
Olmedo: So we'll just wait for the jurors to come in. And we'll replace Juror 10 with a random person chosen from the alternates. And their chances are significantly higher than playing the Powerball.
Cohen: And a higher payoff!
There's then a discussion about the lottery in general. And welcoming back bailiff Officer Contreras, who had been on a vacation.
Mackenzie Phillips has arrived. The front row at the Masterson section is Bijou, Chynna, and Mackenzie Phillips. Behind them is Chris Wadhams. (It's still early, more will likely arrive. Just four reporters in the back row and one person in the public section.)
After waiting for a while, Judge Olmedo calls the attorneys up for a short sidebar.
Danny's mother Carol Masterson arrives with Danny's siblings Alanna and Christopher Masterson.
Four jurors are a little late.
A reporter just sat down next to me, complaining that the Weinstein trial is boring today. Her publication has her shuttling back and forth between the two.
Cohen's sartorial splendor today: Grey three-piece suit, green and white polka-dotted shirt and matching handkerchief, orange tie with black polka dots. He's chatting with Bijou.
Ten reporters in the back row now. Masterson section full with ten people. Public section has five people, including Mona the sketch artist.
Juror is in, except for empty seat, #10, who has been excused.
Random selection of an alternate: Juror 44 in seat 15. Younger white woman.
She now joins the main jury, which is now 6/6 men and women.
Prosecution calls Jane Doe 2 to the stand.
Jane Doe 2 arrives. She is sworn in and takes the stand.
Mueller: I want to begin by asking you if you know someone named Daniel Masterson
Do you see him here?
I do. He's wearing a navy blue blazer and a tie.
How did you first become acquainted?
We were in the same church togetehr, and there were cliques of our age range, just peers. And we wouuld all hang out. Different gatherings, parties.
Which church is that?
The Church of Scientology.
When did you first become acquainted, what year?
Could have even been 99, 2000? Sometimes in around that time. Maybe even earlier than that. Probably earlier than that becasue I was put inthe church by my mom when I was 16. But I didn't start going to Celebrity Centre until I was about 17. So in there 18, 19 years old, in 1998, 1999 in there. It's hard to say exactly.
That's fine. You first got involved at 16?
Yes, but I was seeing a field auditor at the time and I would go to her home and receive services first through her and eventually she took me over, because I was becoming an actor, to the Celebrity Centre. She was more of an introduction. I worked with her a little more than a year.
Your mother, father, were they are prrt of it?
My mom did it so long ago. She was like 19, a case supervisor in London. She wasn't doing it anymore when she had me. I was in high school and struggling with some normal anxiety, and I didn't know anyting about Scientology and I aske dher if I could take medicine for my anxiety, detpression. And even though it had been so long since she was in Scintology, she still was against that.
Mueller shows a photo. Recognize this?
What is it?
That was me and the cast on a sitcom on ABC in between Dharma and Greg and Drew Carey. Around 2000.
This is you in the red pants?
You mentioned the Celebrity Centre. Is that a part that you became involved in because of acting?
Right, that's where they deal with actors and artists and celebrities of any nature. Actors in particular go there.
You're no longer a memeber?
Tell us about your first interactions with Masterson.
All of the young group, in our 20s, we got to know each other and sometimes people would have parties, sometimes Danny or his brother would have parties. We would see each other at gatherings or CC all the time. Just casually.
I want to bring you to a period time between Oct, Dec 2003 in that time period.
Where we you living?
I was in between places, staying with a dear friend, my best friend Ilaria. Very close to Danny's house. We were on Argyle. I was staying with her a few months while I found my own apartment.
While you were staying with Ilaria, was there a time when you had contact with Mr. Masterson whre Ilaria may have invited you?
Yes. One night she said, why don't you come with me to see Danny. At this bar called the Well. It was popular then, this place. I was a little reluctant becdause I have really bad anxiety and I just, but I went, and we were sitting in kind of a VIP booth of some kind. We were drinking a little bit.
Who was at the Well that evening?
Luke Watson, Danny Masterson, Ilaria Urbanati and myself. Just the four of us that I recall.
Who was Luke Watson?
He was very close to Danny and part of, you know, Danny's clique. They had a group of people who sort of circulated around him.
Had you met Watson?
Oh yeah. He was a Scientologist and he was always at these parties. He was a fixture.
And you had met Masterson?
Yes, but in such a casual way, 'hey, how are you, are you working?' No deep conversations.
[Mueller shows a photo of the Well.]
Do you recognize this?
Yes, it's a picture of the outside of the Well.
Is this close by to where you were living then?
How did you get there that evening?
To the Well? I think Ilaria drove us. Or I drove? I don't know.
[Mueller shows a photo inside the Well.] Was there anything going on at that time that you felt was unusual?
What is that?
Danny was staring at me so intently, in such a laser-focused way. And he was boring a hole into my head, staring. And I was drinking this water. When I stopped drinking the water, I wasn't looking at anyone. I guess I was really into drinking this water. When I stoppoed, all three of them were staring at me. And Danny was really watching me. A kind of predatory stare.
Had you had the experience with him before?
One other time, but I just had brushed it off.
Was Masterson he making any comments to you that got your attention?
Not really. It was just very focused attention on me.
How did you feel at that moment?
It was intimidating, to me. I've had anxiety for so long, and it's hard for me to tell the difference betewwen excitement and nervous. But I found him intimidating.
Were you feeling nervous?
Yes. I had probably had a little vodka to quell my excitement.
Had you had any alcohol before you went there?
I probably had a little vodka. I was not allowed to have medication for nervousness in the church, so I would have a little vodka to deal with feeling intimidated by people. I wasn't allowed to take anything.
You also mentioned excitement.
I think I was a little flattered, just from the attention of it from him. But it was a real amalgam, a mixture of emotions. I was very young and anxious and flattered and trying to enjoy myself and trying to enjoy that level of attention. In this moment it was very intense, focused.
How old were you?
I think I was around 23. Maybe late 22.
And you were working as an actress on a show?
No, it ended a year and a half, two years before that. But I was still up for network shows.
As this evening went on, how did it end?
Oh. Well, we kind of shuffled out, all of us. And Danny was very direct and said, "Give me your number." Like that. (Said fast.) So I said, OK, and I gave him my number.
Did he say anything else that night?
Did he say anything about contacting you or going out?
If he did I don't remember the phrasing to tell you. But that was the idea. I'll call you, OK.
And did he contact you?
When was that?
It was a couple of days after, could have been the next day. I don't know exactly. But Ilaria had said to me afterwards... (Obj., sustained)
When he did reach out, how was it
He was texting me very rapidly and directly and very aggerssive. And I was surprise. He started demangin, commanding that I come over, right now. And I was like, ask me on a date, dude.
Do you remember the words?
"Come over right now. YOu're getting in my jacuzzi. Bring a bikini. You're coming over now." It was like that.
How did you feel about that?
I thought it was obnoxious, aggressive. I texted him, "No, you can take me on a date. I don't know what you think of me, that I'm so impressed with you. Take me on a date." He said no, you're coming over now and you're getting in my pool and you're getting in my jacuzzi. And I said no, I am not bringing a bathing suit. And he said something about having a bathing suit I could use. And I said if I come over we can talk a little bit, but I'm not getting in your pool. I'm not taking my clothes off.
What were your thoughts?
I just didn't grasp there was so much agression and commanding. I thought amybe that was his way of talking. I also thought because of something someone had said, "he really likes you." (Obj, overruled.)
So you had that thought?
Ilaria said to me, He likes you so much. I have never seen him being like that with a girl ever, the way he was at The Well. You should go out with him.
How did you feel about oing to see him?
I think somehow I had justified the aggression, maybe this is his way of flirting. And someone he's close to is telling me I should trust him. I was very concerned about being used in a way that was disrespectful.
Why did you have those concerns?
Because he was so aggressive, like I'm some floozy. That's why I was afraid of being used. That's why I was saying you can take me on a date. I was not how he was thinking. I was newer to sex.
It's texting, right?
At some point that evening you made the decision to go?
Yes, on conditions. I was confused, I thought maybe he's flirting. I thought if I set conditions...
What conditions did you set
I said I am not getting into your pool, I am not putting on a bikini. We can talk ahd have a glass of wine and then I'll go hom.
And then did you go to his house?
Yes, because I said how it was going to be. And I thought, I can manage this.
[Mueller puts up photos] Recognize this?
The outside of Danny's house back then.
How did you get to the house that evening after you laid down these conditions?
I walked there.
What happened when you got there?
He opened the door and he handed me, I walked in and I went this way (left) and sat in a living room kind of thing.
(Mueller describes her gesture. Shows photo of interior hallway.) What happened when you go to the living.
Either before or after, sorry I don't remember, I sat on some kind of chaise and he handed me a glass of red wine right away.
And you spent time in that room?
Not much. He was standing, staring at me, and he said, 'Drink it, now.'
Was he drinking as well?
I don't think so. I don't remember for sure, but I"m clsoer to thinking no.
How did you respond?
I was nervous to drink it in front of him bcause of my anxiety. He was saying drink it now, drink it now. And it felt very introverting to have him watching me drink.
Did he offer you anything else, something to eat?
Do you recall what time it was?
No. It was 8 or 9?
Yes. And he said other things to me.
We'll get there. Did you have something to drink before you went there?
A small amount. JUst to treat my nerves because I awsn't allowed to take something.
What small amount?
A little wine or a shot of vodka. I just watned to feel less shaky.
And how were you feeling?
I was feeling a little more in control of my anxiety.
What about intoxication, were you feeling any?
Now, in the living room, what other things did you talk about?
I asked him, you live in this beautiful mansion, can you give me a tour? And he said no. I wanted to see the art. And he kept telling me, drink it, finish the wine.
Did you do that?
I don't know if I finished it, but I was trying to. I was trying to keep it conversational. It's hard to remember what we were talking about it but it was pretty normal stuff.
So a conversation was going on?
Mostly sparse and casual. It was mostly him saying, drink it, finish the drink.
When you made that decision to go there, what were your expectations for that evening?
I think I was curious about the potential for it to be mildly romantic, to be romantic in a way that was respectful and talk and get to know each other a little. I would kiss, but nothing else. Just a talk and maybe he would get to know me.
Is this the first time that you had been alone with him?
So what happened from the living room. After the living room, what happened next?
We, I remember standing him a little while in the kitchen, I asked him a question but I can't remember what it was about. And there was a door that led to an office and then out to the pool. I was just hoping he would show me around. He had this nice house, it was pretty.
Did he show you around?
Not really. We walked through this office and it had doors that led to the pool.
[Shows photo, but it's a set of stairs that seems to confuse her.]
I thought those were the stairs that went to his room. I'm confused.
[Mueller shows her a photo of the backyard. He reminds her that it's a photo taken more recently.]
That's not what it looks like to me. I'm telling you that we walked here from the living room through an office to the backyard and the pool.
Here's a sketch.
That's exactly what I just described, sir.
So you see the front door here, living room...
And then a set of stairs to the backyard, the pool, then a jacuzzi that was not right next to the pool.
OK. So how did you get into the backyard?
How was it you went out there?
We walked outside.
Who's decision was it to go back there?
It seemed me at that moment he was showing me the area, but I was not going to go swimming.
Was he making comments then about going swimming?
When we went out there.
What did he say to you?
We were looking around he said, take off your clothes right now. Take them off right now.
What were you wearing?
I had like a 60s vintage blue coat with brass buttons. T-shirt, corduroys, camisole. It was chilly out so I had my jacket on, and he said, take off your clothes right now.
What did you say
I was kind of like giggling and saying, no I'm not going take off my clothesr. And he was saying take them off, take them off now. I was laughing nervously and saying no I wasn't going to do that.
What were you feeling?
I was trying to appease him. He was so commanding and I didn't want to, in any way, incite any kind of violence from him. So I was trying to make it sound like it's not a big deal. And he said if you won't I will.
Were you concerned about things escalating
Yes. I was very confused. He was so intent on getting off my clothes and I was thinking, is this about swimming? (Laughing like it's ridiculous now.) I knew he wanted it to be sexual but I was so confused.
How did you know it was sexual.
He was saying take them off or I will. It was sexaul. He was saying get naked or I will make you naked.
Had you brought a bathing suit?
How were you feeling after this wine?
When we were outside, this is when it started to feel very heavy in my body. I felt very out of it, and it was when he was doing this commanding. MY sense of things became much more fuzzy and different.
Was it a physical feeling?
It was all over.
Or was it more in your thinking, things like that.
Was it just my head or my whole body?
I feel ilke it was both. I felt this zhoosh. A numbness and heavy and it felt veryintense, like being drunk, that drunk feeling of, for me, it was definitely all over. Like not a lot of energy.
Were your senses off?
At that time, there was some blacking out or something. Because things started to disappear and I can't remember a lot of that part. I have these burst of the scene and then it's gone. It's like you paint all black over some parts and others are very vivid. And there's things I'm feeling happeneind and they are vivid and then it goes black.
How soon after you had the red wine until you've gotten into the backyard when you felt that. How much time had elapsed?
It was pretty fast. Between 15 and 30 minutes. I think it was like that.
And you've had red wine before?
Did you ever have a reaction like that to red wine?
Did you see him pour the red wine?
So what happened then when you were back there by the jacuzzi.
That's where he was commanding me like a drill sergeant. Get your clothes off.
Then what happened?
I think he started to take them off, and I started to feel that think, it was like whooosh, I was no longer in control. I don't know if it was the alcohol, but I was out of it.
Do you remember him actually removing some of your clothes?
Starting to, and yes.
Do you remember if you removed some of your own clothes?
I think so, maybe. I don't remember that. But he was commanding, and I was trying to keep it from being violent, and I was feeling out of it, and i might have just obeyed, starting to. It's very hard to have clarity right there.
Did you end up in the jacuzzi?
Do you recall how you got in there?
From the time that your clothes are being removed, to being in the water, you don't remember that process?
No sir, I don't remember how I got into the jacuzzi.
Do you recall what you were wearing?
I think I still had on my panties and bra, and pale pink camesole? A small grey-lace bra.
Did he get in with you?
Yes, I think so. Yes, yes.
Do you recall what he was wearing?
No. I think he had some shorts on, I think?
Did he change into them?
He didn't open the door in shorts, I think. I don't know. Were they boxers? I don't know.
It could have been his boxers?
Yes. He was not naked. But the part in the jacuzzi is extremely fuzzy.
By the way was there anyone else in the house?
So what happens in the jacuzzi?
I remember making out, kissing heavily, and being really out of it.
Was there any other type of sexual contact?
It's hard to say for sure. Some times I remember there might have been fingering, but I have trouble remembering that period in the jacuzzi.
So you have a hard time remember that period?
I remember kissing, heavy kisisng, and groping. But other things are more fuzzy.
Any other type of touching while you were in the jacuzzi?
You know, I think so, but it's really fuzzy. I reemember heavy kissing and possibly starting to finger me. But it's hard to tell.
What were you thinking at that point?
Not a lot. I was pretty out of it at that moment, and trying to keep it from escalating the best I could. The very best I could.
So you thought things might escalte?
I really didn't want sex. I didn't want any of what was happneing. I didn't want to be in the jacuzzi. I didn't want him touching my vagina. I didn't want sex, I had told him that. I was doing my best.
You told him about your condition about no sex before you go to the house?
I thought it was implied when I said I'm not getting in the pool, not taking off my clothes. I'm coming over for a glass of wine and talking. I think it was implied. When things there were happening I was starting to tell him we're not having sex Danny. I was concerned about it escalaing (getting emotional) there has to be a point where it's enough for him. I was trying to control it.
What happened after the jacuzzi.
We went back inside and he said, go get in my shower, like that. Go get in the shower.
Did you ask him why you needed to go in the shower?
I thought it was maybe because we'd been in the chlorine? I just obeyed him because he was so commanding.
Did you go to the shower?
Yes, I went up some stairs to a landing where there was a bathroom.
[Mueller shows a photo.] Recognize this.
Sort of. My impression of the stairs might be different, but I remember the stairs going up to a landing.
And when you went up the stairs you went to a landing...
I thought the bathroom was right there at the top of the stairs.
[Mueller shows her photo of the bathroom. Keep in mind it might be different now.]
I think the shower was different, but that was the layout.
[Mueller shows her photo of the shower.]
That is the shower but I remember it a little cosmetically different. The marble was darker or something.
So tell us what happened when you got up to the shower.
He was like, get in the shower. And I thought I did, I know I got in the shower, but I was trying to remember what happened to my clothes. I think I had taken off stuff, I don't know. I went in, and he came into the shower.
When he came into the shower with you, was he still wearing shorts?
I don't remember that part. He might have been still been wearing shorts. This part with the shower and clothes is very difficult to remember.
And that's because of how you were feeling?
Feeling out of it. And some parts are missing and other parts are extremely vivid.
What happened when he got in the shower.
We were kissing. I was against the wall and he was kissing me very intensely. And then he, I think he started fingering me. And I was loke, no, no, no, very softly, can't do that, you know.
And when you say fingering you, you're referring to vaginally?
Yes. And at that point I was like afraid to really assert myself. He was really intense and driven to have what was happening. I was just trying to manage it the best I could, and not trying to arouse his defenses. And then all of a sudden he went inside me with his penis and I freaked out.
Yes. With his penis. And I had said we weren't going to have sex. I said, "What the fuck! I told you weren't going to do that. You put yourself inside me. I told you no!" (Crying a little.)
When did you tell him no sex, and how did you tell him?
As soon as things became, this take off your clothes, and the jacuzzi I was trying to communicate that. I don't want to do this. We can't have sex. OK, we can kiss, but I was trying to manage this. I had said, I know I had said, "we cannot have sex." I did say no.
(Judge Olmedo calls for the morning break.)
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