Late morning session, Day 14 (Day 10 of testimony) Danny Masterson retrial
Resuming the cross-examination of Jane Doe 2.
Cohen: Do you have a clear and detailed recollection of what was said in the shower?
Jane Doe 2: Clear and detailed? I just remember a lot of resisting, saying no, and and one point I said “What the fuck, what are you doing, we can't have sex!” That's the gist of what I remember. Even before we got in there I told him we can't have sex.
Do you remember telling him, what are you doing you don't have a condom.
That's the not the first things I said it was part of the shock.
Do you remember saying that?
I remember saying I said no sex and you don't even have a condom on.
Do you remember telling Danny, I could get AIDS.
I don’t remember if I had said that. I was thinking that.
He immediately removed his penis.
Yeah, I had said, no.
He immediately withdrew.
He said OK, and he took it out.
From the shower, Danny asked you if you wanted to go into his bedroom
Asked forcefully, yea. He said, go in my bedroom now.
Did he ask?
He said, go into the bedroom
That's a statement as opposed to a question (Obj, sustained) Did he ASK you if you wanted to go into the bedroom?
No, he said go into the bedroom.
Do you remember telling DA Mueller, that "Danny asked me to go into his bedroom."
He asked me. Yeah he said, go into my bedroom.
Do you recall telling Mr. Mueller, "he asked me to go into his bedroom."
Sure. He did not say do youwat to go into my bedroom. He said go into the bedroom. He did say do you want to?
When you went into the bedroom, did you want to fool around with Danny at that point?
I was so out of it at that point. It would be difficult to say. I was really out of it, and I was going along with the commands.
Did you want to fool around with him on his bed?
I was so out of it it's hard to say. Yes I would have been OK, like I said with a kiss, but I wasn't wanting this sex, or sexual kissing, or to have my clothes off. I was pretty out of it at that point.
Is it tough to recall the details?
Some of the details coming in really clear and some aren't as crisp, and some are just gone.
When you spoke to Mueller in May 2017, did you tell him with respect to going into the bedroom, "We can kiss and make out, and he can finger me, and then we can go to sleep?"
Yes, I think I said that. But I was trying to manage things. He's not listening. What do I have to do to be OK, and those were things I was thinking I can manage that. I was super out of it and that would be what I meant by that, you know?
So were you OK with him fingering you?
I mean, I wasn't OK with any of it.
You indicated before that he performed oral sex on you?
Yes.
And you did on him?
I think maybe. I don't know.
You and he had sex a number of times that eveinig.
I would not call it sex.
He penetrated you a nubmer of times.
He raped me through that night, yes.
You said he had ejacualted on part of your body and then got a wash cloth or towel.
Yes, he came on my stomach and then pretending to be a genteleman, got a wet hot towel, he said wait right there.
When you say he was pretending to be a gentleman, that's your conclusion today?
It just seemed ridiculous considering, yeah at this point.
In 2003, at the time of this evening, you believe that he really liked you, correct?
Not in the way you're saying . A lot of things were occurring to me. I was really confused. I had said no so many times.
Did you tell Reyes in 2017 that this was dominant type of sex and he really likes me?
You're taking things I said out of context and out of time. You're using an umbrealla of time. These were different thoughts at different times. I was swirling, with not knowing what to think. I had to think things that didn't make sense to me. (Asks him to repeat the question.)
Did you tell Reyes, “What if this is dominant sex, and he really liked me, and I was just drunk?”
What I was saying to her in that moment was, I did not know how to characterize it, because I had been told before that the previous rape wasn't rape. So I had to think, how do I reframe this so that I'm OK. I was so confused, so out if it, I'm trying to survive it. This is a person I know. I'll reframe it as dominant sex. I was trying to give her an idea of how I had thought of it to survive it.
My only question is, did you tell her that?
I guess so, I don't know.
Would it help to refresh your recollection by looking at a transcript?
No. I’m not arguing that I said it, you're removing the context of what I said.
Did someone advise you not to look at a transcript to refresh your recollection?
No.
January 2017 is the interview with Det Reyes and Viegas at your house. About 2.5 hours.
Felt like that, yes.
During that interview, did you tell Reyes on a few occasions that you were drunk that night with Danny?
I think I was trying to understand why I was so out of it, and maybe I said that.
Would it help to refresh your recollection.... (Shows her a transcript). Did you tell Reyes during that interview that you were drunk that night?
That was the best way I could understand how completely out of it I as, felt like a very heavy drunkenness.
You said that at some point on the bed, Danny flipped you over to your hands and knees.
Yes.
And did you tell him at some point that he needed to put a condom on?
I said that after saying "What are you doing? I told you no sex, and oh my god, you're not wearing a fucking condom!" That's what I said, that's what I remember.
Do you recall previously testifying that you thought he had put on a condom prior to any intercourse in the bedroom?
No. I never said that or thought it. I've never said that.
After the penetration, there was additional fooling around, and additional penetration or rape (Obj, sustained). At some point you and Danny spoke, had a conversation, post-sex, post-rape, you had a conversation.
Are you talking that night?
That night or early that morning.
Yes.
During your conversation you spoke about a number of differnet subjects.
Yes.
And one thing he said to you, was that you were a very passionate person.
Yes.
Do you remember your response? You said “So are you.”
I said “Sure, so are you,” to be accommodating. He said he was not, and I said you have all of these things to show for your passion. I didn't know what to say, to be honest.
Was your takeaway that maybe the two of you were going to start dating?
I definitely thought maybe we would because I had gone into a severe state of denial of what happened and really tried to reframe it to protect myself in a myriad of ways. Then I wouldn't have to deal with the emotional trauma, and to deal with being disconnected with by my whole community.
And did you think that he was going to fall in love with you?
That was a part of the whole dating, and plus I was so young and innocent, and it was an amalgam of different thoughts to survive it.
And did you think, this guy is just bad at sex
Yeah, that was part of trying to reframe it.
You mentioned the other day that when you walked home from his house, you felt pain.
That's right.
And part of that was in your butt area.
I did not say that. I felt pain in my groin. And inside. I felt intense pain.
Would it be fair to say the first time you made any mention to the DAs in this case that you had pain, was right before you testified last time?
No, I had said that before.
After you left, you were waiting for him to call you.
Yes, as part of tying to reframe it for myself was that.
And your takeaway was that he wanted to call you.
I don't know.
Did he call you?
No.
You called him.
That's right.
And you called him because, your goal was to start dating him?
That's not what I said.
Was that your goal?
My goal was for what happened not to happen. My goal was to survive it.
Was your goal to get another date?
If it would help me survive it, perhaps.
A few days later, you actually called him.
That's right.
One of the things you said was, I really like you.
I said, I really like you, I thought you liked me, I thought you were going to call. That's all part of trying to survive it.
And he was very short with you.
Yes.
Did that make you feel somewhat disrespected by him?
I don't know if I would say that, it sort of was helping me solidify what my gut knew had happened, and I still had to survive it so everything that I thought then really was in terms of survival I wasn't mad. I was more confirmed in my thinking of it, but this denial would kick in to feel ok.
Did you feel like he used you like "a piece of meat."
I said I felt like a rag doll when he was raping me.
(Repeats the question)
If I said that it would be a description of what happened in the rape.
After speaking to Danny, you spoke to your mom.
A couple of days later, yes.
After the phone call?
That I don't remember.
Do you remember previously saying the phone call with your mom came after you talked to Danny?
I don't remember if I said that, but if I did that's OK.
Would it help to refresh your recollection... (Shows her transcript.)
It says what I just said to you now.
Did you say you had spoken to Danny and then your mom.
It says I think so, and that's what I said just now. To me it's irrelevant.
When you spoke to your mom, when you spoke to her about your interaction with Danny, you were truthful.
Yes, but I might have withheld some things. It's my mom, I'm not going to get into anything graphic.
Did you tell her that you had sex multiple times?
I didn't tell her that, no.
Did you tell her that prior to the phone call that the two of you would probably start dating?
I don't think I said that.
Did you tell her that you liked him and you thought he liked you/
I might have, I really don't remember.
Did you tell her that you were drugged that night?
No, there would have been no way for me to know. I don't think so.
Did you tell her that after talking to him, he used you like a piece of meat.
I don't remember that. I told her that he was really rough with me, and that I'd thrown up in my mouth and swallow it.
Did you tell her that the throwing up might be related to alcohol?
No, I don't remember telling her about those things. She might remember.
I'm going to jump forwrad. In January 2017 when you spoke to Det Reyes, did she talk to you or advise you against speaking with other potential witnesses regarding your case?
I think so, yes.
Did she also advise you against speaking to JD1 and JD3?
I think she said witnesses, I don't think she said their names. She didn't say like, I don't know if she was super explicit. but I know she said "the witnesses."
So when you spoke to Reyes in Jan 2017, had you already been speaking to JD1?
No.
Did you speak to her after the interview?
Yeah, but it was months after all of our interviews.
Did Reyes tell you if you speak to any potential witnesses or the JDs, that you would destroy the case?
I don't remember her using the word destroy, but I believe you.
Do you remember her telling your credibility will be shot if you talk to witness?
I don't remember her phrasing, I apologize.
Did you follow her instructions?
Initially, but then not because there was some weirdness happening.
Your mom is interviewed by Det Vargas in 2017. (After you spoke to Det Vargas in May 2017).
I believe so.
Did Vargas tell you not to talk to your mom or any witnesses about the case, or any facts?
I didn't know how this all works and I think she might have meant the other victims. And with my mom, I just told her they might be calling.
Did you talk to your mom before she gave an interview?
I believe so. I talk to her all the time. But not about the facts of the case.
Your mom was interviewed in Jan 2020 by Vargas. Do you recall reminding your mom about things you may have said in 2003 right before that interview?
No. No.
That would not have happened?
I wasn't coaching her or something, I just said they're going to call.
Going back to 2003/2004. At some point you said that you were at a party, drinking, and you decided to call Danny.
This was a few months after, yeah.
Did the fact that you were drinking have an impact on why you called.
I think it gave me a little liquid courage. I was a little pissed off about what had happened. I got up the courage to ask him for something.
You asked him to set yo up with a friend?
I said, yeah, after what you did to me, will you do this for me.
When you talked to Reyes, Vargas, or Mueller, that you made this comment, "after what you did with me."
I thought I did.
When you called him from this party, did you believe at that point that he had raped you?
I always knew from when it was happening, in my gut, what had really happened. And sometimes I would go into denial and blame myself. And sometimes I was really angry at him.
Did you say previously, "It took becoming a woman for you to realize this was a rape."
You're misstating what I said. I was saying at different times of my life it was becoming more confirmed for me. And when you're a young girl, you don't have the experiential landscape to understand what happened. And becoming a woman helps solidify that. That's what I was saying.
(Again, when she began to think it was a rape)
I've known it was a rape when it was happening, but like I said I’ve gone into different states to reframe it. I did that so I wouldn't have to think about it that away. I was in a community that didn't think of it that way.
Did you tell your mom it was a rape?
No.
Did you tell Rachel S. it was a rape?
No.
When you talked to Det Reyes in January 2017, did you tell her that you had told Rachel S that you had told her about your rape?
I was just trying to remember who I told. I don’t think I mentioned her.
Did you tell her that you told Jordan Ladd?
I don’t think I told her that.
(About contacting Jordan Ladd)
She contacted me because she saw it in the news.
One admonition Det Reyes gave you was, not talking to any witnesses or press.
I think she did. I really don't remember, but I believe you.
Did you ask Jordan Ladd, after May of 2017, to contact a reporter, Mr. Ortega, with respect to providing him information about your allegations? (Obj, relevance, sustained) Did you talk to Rachel S before she spoke to Vargas?
No.
You said around this March 2017 date, you and Det Reyes had spoken again, correct?
She called me after that interview, when I had been crying, she called and asked, she was giggling, what are those almonds you served, they were delicious.
You took exception to that?
That call made me think it was frivolous to her.
Did you tell JD1 about that?
I don't think we'd been introduced yet.
Right after the March 2017 call with Reyes, you sent a letter to chief of the LAPD.
That's correct.
Are you aware that JD1 sent a similar letter?
No, I don't. I know JD3 did.
So you were communicating with JD3 in early 2017?
Yes.
Are you awere that JD3 was communicating with JD1? (Obj, sustained) Was there an agreement by the three of you to send letters to the LAPD? (Obj, sustained)
Nothing further.
REDIRECT
Anson: You said in a previous interview that after leaving the home, you felt pain.
Yes
Was that in the interview in 2017?
With Mr. Mueller, yes.
Did you specifically say you were not able to walk well?
Yeah, it hurt. It was hard to walk.
In the Reyes interview did you say that you may have been roofied?
I don't remmember if I said that.
Would looking at a transcript refresh your recollection?
I don't know but you could show me. (Shows her transcript). (She gets emotional looking at the transcript) I see.
(Asks again about telling Reyes maybe roofied.)
Yes.
And in the interview with Mueller did you also say you were potentially drugged?
I don't remember what I said.
(Takes her the transcript. Refernece to "whatever, drugged...probably was")
Yes.
Judge Olmedo calls for the lunch break.
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Go to my bed (or else)