Late morning session, Day 13 (Day 9 of testimony) Danny Masterson retrial
Continuing with direct examination of Jane Doe 2.
Anson: The evening we're talking about, did you and Ilaria meet up with the defendant at The Well?
Jane Doe 2: Yes.
(Photos of exterior and interior of The Well.) When you first got there, what did the two of you do?
We ended up in a booth with Danny and Luke Watson. It was like a VIP booth. We were just sitting there.
What was happening?
Just talking. The music was really loud. They were drinking. I had water, I remember that. Ilaria had a cocktail, and Luke and Danny were drinking, I think, I can't really remember.
Something caught your attention?
A song came on, and I went to take a drink of water, I was really into the song in that moment, and I closed my eyes and I was drinking from this water bottle, and my eyes were closed, and when I opened them, all three of them were staring at me very intently. Then they looked at Danny, and he was staring at me very intensely. That's just a moment that stood out. And I was a little embarrassed. I was really wasn't paying attention until I opened my eyes.
When you noticed that, how did that make you feel?
A combination of things. I felt nervous, I felt self-conscious. I felt a little flattered. You know, it was a lot of attention. So it was unnerving but you're a little flattered, you know.
When you exited later, did you have an exchange with him?
Yes, he said, "Give me your number."
Did you?
Yes, I did.
What happened next?
I believe Ilaria and I went back to our place. I think I said I gave him my number, maybe he'll ask me out. And she said oh yeah, I have never seen him like that. He's going to call you, trust me.
Referring to the defendant?
Yes, to Danny.
Did you hear from him?
A couple of nights later, yes.
About what time?
Early evening.
How did you hear from him?
He texted me.
What did he say?
He was very commanding. He said, You're coming over now, come over now, you're getting in the jacuzzi, you're putting on a bathing suit and you're coming over right now. And I was like, what? I was a little incredulous. I thought he might take me on a date. I told him that, you can take me on a date, I'm not coming over.
Did you know where he lived?
Yes. It was just like three blocks walking, if that. And near my old apartment as well. I knew from parties where he lived. I had been there a couple of times.
But never one on one?
Never.
You said you responded, "take me on a date, I'm not coming over."
Yeah, the texts were coming in fast and commanding. "You're going to get in the jacuzzi, you're going to get in a bathing suit, and that's what's happening, don't say no." And I was like, I'm not doing that, you can take me on a date. I was pretty young, also, I wondered, is this flirting? Is he so into me? I didn't really know why he was talking to me like that.
And as the texts were coming in, how were you feeling?
Confused. I was totally confused. Still flattered a little intrigued. I didn't know if this was his way of flirting. I really don't know how to articulate this. It was completely confusing to me. I didn't know.
So at some point, you said that night you would go over?
I did agree, but on conditions.
What were the conditions you agreed to?
I set parameters. I was like, I'll come over, but I am not getting in your jacuzzi, I am not putting (Obj, vague)
You said you had conditions. Were those communicated on texts?
I believe on texts, to the best of my memory.
What were the conditions?
I am not getting in your jacuzzi. I am not putting on a bikini. We can have a talk, we can have a glass of wine and talk, and then I'm going home. I am not getting in your pool and he was, Yes you are. I didn't understand what he was doing. I didn't see it as nefarious. But I said no, I'm not doing that.
And after setting these conditions, did you go over?
I did.
How were you feeling?
A little excited, intrigued. Ilaria told me, again, he really likes you, you should go there. She didn't want me to doubt it. She was, you should go, I know he likes you. I've never seen him like that with another girl at a bar.
Was he your type, traditionally?
No, not my type. He is not my type traditionally, no.
Were there qualities you found attractive?
Yeah, he was really direct, really confident. I think, he seemed really self-assured. And even a little arrogant, cocky. And I think he had his stuff together. He was working as an actor, and that was really about it.
And were you similar in age?
I think he's a little older than I am, by a few years.
You said you were nervous.
As usual I had a little bit to drink. A little bit of vodka, a hit, or a shot. A little bit of wine. Just to take the edge off. I'm just talking like a hit or a shot, it's not a lot. We're talking a couple of a swigs.
When you had that, what were you feeling?
Calmer, period. Less shaky.
Were you feeling drunk?
No.
Did you take any medication before going?
I wasn't allowed.
How did you get there?
I walked, I think I walked. He lived pretty close.
And the home you walked to (photo of Hollymont house)
Yes.
Were you wearing a bathing suit?
No.
How were you dressed?
I think I was wearing either corduroys or jeans, and a blouse, and on the blouse I had a camisole, and a big puffy, 60's nylon blue waffle coat? It was chilly.
When you got there, what happened?
He opened the door, and we were in like a foyer. He said to come in. We turned this way (left) to a living room area.
(Photo of living room.) When you first went in that room, where did you go?
There was a couch over here (to her left). I sat down on it.
What happens next.
He sat down for a second and were talking then he went to get me a drink in the kitchen.
Was there anyone else that you were aware of there?
No.
When he returned, what did he give to you?
A glass of red wine.
Did he bring a drink for himself?
I don't think he did.
Did you see him pour that drink?
No, I was just sitting there (in the living room).
What happened?
I was a little embarrassed to drink in front of him, because my anxiety would make my face shake a little. I was embarrassed at how nervous I was. I was trying to make conversation, you want to give me a tour? He was like, "No, drink that." And he was standing. I was trying to get into casual conversation because I didn't want him to watch me drink it.
Did you drink some of it?
Yes. A few sips. How many? Not two sips, not ten.
How were you feeling?
Still a little nervous, starting to relax. We got up and started meandering around that floor.
Where did you go?
I thought we walked kind of this way and went into the kitchen and went into n office and we were talking there for a while.
When you and went to the office, did you stay there?
No, then we walked outside.
Where did you go?
The pool is right there. We're talking for a second, I'm holding the wine, then we walked around a corner a little and there was the jacuzzi. Right out the office doors the pool is all there. I don't know exactly where the jacuzzi is. This is the best I have, that this was the pool area.
When you get near the jacuzzi, does something change in how you're feeling?
At first he was talking to me, he was facing me, then he said, "Take off your clothes now." I was kind of giggling, I said I'm not going to do that, not going in the pool. He was saying, take your clothes off or I'll take them off for you. And right around then things were starting to be blank, or black. It's hard to explain. Things were there and then things weren't there.
How much time had passed since you started drinking the wine and he was telling you to take your clothes off.
30 minutes, 40 minutes, something like that.
Visuals are coming and then go black?
He's talking to me, he's saying, take off your clothes right now. And I was like no, I was giggling, nervous. He said take them off now or I'm going to take them off. Just really militant. And then all of a sudden, for me, that part when I'm resisting, it feels heavy and it feels black. And then I have glimpses of him with me in the jacuzzi, and then it goes black. It goes from visual to no visual, and sometimes the visual is fuzzy.
Did some of your clothes come off?
Yes, something did, and I don't know if he took it off or if I did. I was in and out of some kind of unconscious. I'm suddenly in the jacuzzi and I had been saying no.
What do you remember happening in the jacuzzi?
I remember him kissing me really heavily, intensely, And I have a very vague memory of him possibly fingering me, and me feeling really out of it. The kissing was very intense, and I felt really tired, out of it.
When you say fingering, what do you mean?
Inserting his fingers into my vagina or rubbing my vagina.
Are you saying anything?
This part was so heavy and black, I thought I was saying no, no, no. I didn't want to go in the water. When we're kissing, I know I was repeating something, No this is too much, something like that.
What do you mean by heavy?
How my body feels. I'm sorry, it's hard to focus when someone is talking (The bailiff is on the phone.) My body felt heavier, my head felt heavy, my whole system felt heavy. Dense. Like, tired. Like, woosh.
Did you experience any other symptoms?
Just like where things are disappearing. I can remember the jacuzzi, but I felt really out of it, I felt much more intoxicated than I was inside the house. And it felt not in control. And things were not clear. I could see myself when I'm remembering it, and it goes in and out.
Out of it, what do you mean?
Not with it, not super clear, present, like I am right now. Not vigilant, not present. When I'm out of it, in that moment the out of it felt the more than normal tired. An extremely intense version of when you say out of it. What was in front of me was disappearing and coming back.
Do you know how much you drank there?
No.
Were the symptoms consistent?
No. (Obj, rephrase)
Have you had red wine before?
Yes.
Have you had red wine or vodka, and then sometime later red wine?
Yes.
Let's say with one glass of wine after that small amount of alcohol?
Yes.
How about two glasses?
Yeah.
Before the winter of 2003 when this happened, had you ever had a shot of vodka or little glass of wine, and then later had a glass of wine?
Yes. I tried not to mix. If I knew I was going to have wine at a dinner, I would have a little wine before.
Had you had a little bit of wine and then later two glasses?
I think so, yeah.
When you were by the jacuzzi, had you experienced those symptoms before?
No. (Apologizes for now understanding what Anson has been asking her.) I have had plenty of times before when I had a couple of glasses of wine later and not had those symptoms.
At some point did you get out of the jacuzzi?
Yes, and I don't remember getting out very well. We're now standing out.
What's next?
He said go inside and go get in the shower, now.
What was his tone of voice?
Directives, commanding. It wasn't warm. It was like, up to the shower, now.
Did you go to the bathroom?
Yes.
Do you remember how you got there?
I know we walked up there. That's the best I can remember, it's pretty blurry that time. And then things came back clear again in the bathroom. But walking up the stairs, I have a little memory of going up those stairs. But I don't remember a lot of it. Honestly I think we walked. The next memory is standing in the bathroom and saying to him, "We cannot have sex, OK. We cannot have intercourse." He said, "OK, get in the shower."
Did you have something on?
I thought I had a slip top, a camisole, and a bra and panties, I thought.
What happens next.
We got in the shower. I thought we were just rinsing chlorine off. And he was kissing me really heavily. I was against the wall. I was, like, this is going too fast this is not what I wanted. I hadn't wanted any of my clothes to come off. I had said that, over and over again. and now were' in the shower an it's getting really heavy. I was trying not to upset him, saying, no no no, this is too much, we can't have sex. He said yeah, yeah. He started fingering me and kissing me and I was saying this is too much, and he was not listening to me.
Then?
Then suddenly he put his penis in me really fast.
Where?
In my vagina. I said what are you doing, no, I told you no! (Shows hands up to push him away.) I wasn't like pushing, I didn't want to arouse his defenses. I told him I had said no. And he said, OK, OK. That was the best I can remember in the show. I was just like Oh my god, and I was just in shock. and I expressed that -- I told you we cannot have sex, I said that.
And did he stop?
I think so, right then.
(She asks for a short break.)
Anson: Earlier and in the shower, were you OK with kissing?
Not the way it was going on. I think in my mind I wasn't thinking anything like this. That was not what I wanted. I didn't want this sex-kissing. I had in mind we'll talk, have a glass of wine, kiss, maybe soemthing mildly romantic. I didn't want this.
And before or during the shower?
Both. I was telling him I didn't want to take my clothes off.
You didn't want it to become violent. Why did you fear that?
That's hard to explain because in my mind, I just didn't want any violence of any kind to commence, of any kind, anything, any resistance, argument, possibly hitting. But I wasn't like, I was imagining types of violence. I was afraid and he was not listening to me. And there's a panic when someone isn't listening and it's sexual. I'm just htinking to myself, how do I keep this from becoming, I don't know. I don't knwow what could possibly happen. I wasn't thinking very clearly, I was just nervous and scared.
When you’re in the shower...
I’m sorry, I can't focus. (Judge Olmedo asks her staff not to answer any calls.)
...how were you feeling.
In and out of focus. being there, not being there. The things in front of me were there and not there. In my perception, I'm looking at you guys, and then all of a sudden, it's all black and, I'm sorry I can't focus. (Another brief distraction in courtroom.) And sometimes things were hazy, a little blurry. There were a couple of things going on with my ability to perceive.
What's next?
I just remember we got out of the shower, and him saying, Go get in the bed.
What's his tone?
He was saying, very kind of, directing me, commanding, Go get in my bed.
What happened?
I went into his bedroom. I don't know if I got into the bed or was standing.
Did you get on it?
Yes. All I remember, suddenly, there's very heavy kissing again, and I remember the color of the sheets. And he's kissing me heavily. And I'm feeling limpish, and not fully present and engaged, going along a little bit with the kissing. and I'm telling him again, Danny, we cannot have sex, we can't do that, OK? Because he hadn't listened to me, I'm going along with the kissing, I thought maybe I can manage this part.
By “this part” what did you mean?
The heavy kissing. That I can manage it, but I was pretty out of it.
Did you have control of your body?
No. It was a very, very intoxicated feeling. Like drowsy. but not sleep. Kind of like too loose. You can't really direct things or control the situation.
When you're saying we can't have sex? What's the tone.
I was kind of pleading with him. “Danny, this is getting really heavy, please, we cannot have intercourse, OK? Please. I was pleading with him. That was kind of all I had.
Did he understand?
He was saying, “Yeah, OK.” And he kept going. And I kept repeating myself a lot. I was kind of begging him. This is going too far already. I remember saying that.
Any other sexual conduct going on at this point?
Yeah, I think he was beginning to finger me again, and going down on me. And at one point he was fingering me and he said, "Look at your face, look at your face.” I still don't know what was going on there. I was still pleading.
What next?
I remember he was kissing me heavily. And he was either going down or fingering, then he suddenly said, “OK, that's it.” And he sounded pissed. And he flipped me over and went inside me really fast and he was just going really, really fast from behind into me. I was on all fours, and he was off the bed, and he was behind me and he grabbed me and was (showing motion)…
Before being flipped over, how was your body positioned?
That part is really hard. I think he was over me, and doing something to me, and then all of a sudden he says "That's it" and flips me over. And he was fucking me so hard I started to vomit in my mouth, and he was hitting my cervix and it was really painful.
What part of him was in you?
His penis was in my vagina.
You said he flipped you over, were you on your back?
I thought I was.
Did the defendant move his position after he flipped you?
I just remember suddenly, flipped me over and he either scootched off the bed and got in position, and was holding my hips really hard down, and he's off the bed and I'm on the bed and he's doing it. (Anson describes how her hands are held.)
What happened then?
The second he did that I was like OH MY GOD, I looked back, “I told you we can't do that!” And I waited a second for him to stop and he didn't and I said could you at least put a condom on, because I couldn’t fucking believe he didn't have a condom on. I thought he said OK, but I don't know if he did.
Were you consenting to sex?
No.
Why did you ask him that, to put on a condom?
I didn’t want to get pregnant or get a disease and I was trying to protect myself?
What happened next?
He just kept thrusting really hard, and going and going. And flipping me over and he would go in again. On my back and go in again. And he was going really hard and fast.
He would flip you and then penetrate your vagina again with his penis?
He went in, he would flip me, and then go in again. And I vomited in my mouth and then swallowed it, because it was hitting so hard.
(Describes her hand motions)
It was like pounding. He was holding down my hips. He flips me over, he's holding my hips. He's behind me, standing, off the bed standing.
(Describes her hand motions) When he was holding your hips, with two hands?
Two.
And where were they?
On my hips.
And the pressure on your hips.
Holding me and thrusting me and really fast, and it really hurt.
Where?
It felt like it was hitting my cervix. It hit really far in, and really like a stabbing feeling. It was pounding. It felt like it was hitting stomach -- obviosuly it isn't -- but it was like really hard.
How was your body feeling?
Awful. Like I said it really hurt. And I was like a rag doll. He was just going and I couldn’t do very much.
You were not in control of your body?
I really was not in control of myself.
After the initial pleas to stop, and he didn't listen, did you continue to say something?
I kind of gave up at a certain point. I had said no so many times, in the shower, on the bed, he was not listening to me. And the pain, what was happening was so jarring, at some point I sort of gave up. I said what are you doing, I said no! I can't believe you're doing this after what I said. He was going so hard and so fast, I mean what could I do?
What happened next?
More sex stuff.
What do you mean by that?
Judge Olmedo calls for the lunch break.
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I feel sick reading this testimony. If he isn't found guilty I'm going to be so so so mad.
Absolutely heartbreaking. Hugs to these women