JANE DOE 2'S MOTHER TESTIFIES : Danny Masterson Trial, Day 14, end of day 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.]

Late afternoon session.

Jury in.

Next witness is... [Jane Doe 2's mother]

She is sworn in.

Anson: How are you feeling today?

Uh, OK. Doing all right.

I'm going to show you a photograph. Do recognize the woman in the red pants.

I do.

How do you know her?

She's my daughter.

And how would you describe your relationship.

Pretty close. Always has.

Do you know why you're here today?

Yes.

Is this an easy topic to talk about?

Definitely not.

I want to ask you about how you feel about testifying.

Nervous. But it's the right thing to do so it's OK that I'm here and I want to be here for [name]. (Judge says to strike the name.)

Are you a member of Scientology?

Absolutely not.

Were you ever a member?

Starting when I was about 19, so quite a while ago.

When did you leave?

Fifteen years ago.

And at some point JD2 became a member?

She did?

When I said I left around fifteen years ago, I sort of faded out. When she came into it, probably 20 years ago, I was still hovering there but I wasn't very active.

In Oct to Dec 2003, did you and your daughter have a conversation about Danny Masterson?

Yes.

did you know who that was?

I did.

Do you see him here today

I do. He's sitting in the corner over there in a grey suit and reddish hair.

Judge Olmedo: What color shirt and tie? Indicating Mr. Masterson.

Did something happen between your daughter and defendant upset her?

Correct.

Before that, did you have a conversation with her about seeing him?

I don't remember very well.

Do you know how long after the incident you had the conversation.

Not exactly sure. It was a day or two after the incident.

And when you had the conversation was that in person.

Over the phone.

What was her demeanor?

Very upset.

What do you mean?

Just her tone of voice. It was her energy, very upset I don't know how else to describe it.

Her tone, are you familiar how she sounds when she's happy?

Yes.

And how she says when she's upset or sad?

Yes.

And so how would you describe it.

Upset. Not sad, but upset. How do you describe upset?

How long was this conversation?

It was 20 years ago so it's really hard to say. It could have been a half hour or more. It wasn't real brief.

Was it easy for her to talk about?

Not easy, but she wanted to talk about and so she was letting it all come out.

What was she saying occurred?

Well, A lot of things were said during that conversation but because it was so long ago, so I'm not sure on the details. But three or four things stood out so I never forgot them.

And what are they?

(Crying) This is hard.

[Judge Olmedo: Let me know if you need a break.]

She said that he was coming at her from behind, like a jackhammer, and relentlessly. And that it was very painful. And that she told him to stop and he wouldn't stop, and that she threw up in her mouth.

Did you have a reaction to her telling you that?

I was shocked. Yes I was.

Did she use the word rape?

No. Not that I remember. I'm trying to remember that word, but it's not coming up. I remember her saying that she was being pounded. But other than that I don't have a lot of memory of the words she was using to describe the situation.

No further questions.

CROSS-EXAMINATION

Cohen: You gave an interview to a Det Vargas, in 2017.

Yes. I believe so.

And when you spoke to Det Vargas, the detective told you that he wanted an independent recollection from you without any outside influences.

Not precisely, word for word.

In general?

Yes.

That he wanted to know what you remembered, not what other people told you.

Correct.

The night before you spoke to Det Vargas, you had spoken to your daughter.

Possible, I don't remember.

When you interviewed with Det Vargas, the events surrounding the interview

I was told to expect a call.

If you had told Det Vargas that you had just spoken to your daughter the night before that would have been an accurate statement.

It would have been but I don't remember saying that to him.

Would it help you to look at a transcript.

If you'd like.

Have you been asked to look at the transcript?

I listened to it.

You listened to a tape recording of your interview.

Yesterday

Who played that for you?

Ms. Ariel Anson.

In listening to that, did it help to refresh your recollection?

A little bit, yes.

When you spoke to Det Vargas, do you remember him asking you whether you had had any recent conversations with your daughter?

Recent, as in when?

Do you remember him asking the question.

I do not remember that.

Do you remember hearing that on the tape you listened to yesterday?

Not at the moment.

Would it help to look at the transcript?

Sure.

Read it to yourself.

OK, yes.

Do you recall him asking you how recent was your conversation?

I said I'd had many conversations with my daughter and I did not, to my knowledge, remember any specific date.

When he asked you if you had any recent conversations, did you recall saying I've had many conversations with her about all of this.

Yes. Over a period of years.

And then he asked you, as recent as last night?

I do not remember him saying that.

Would it help to refresh your recollection to look at the transcript.

Sure. (checks) When he said that, he meant in 2017, and I said yes.

So you had spoken to your daughter the night before.

Yes. But only that there was going to be a detective calling me.

You have a specific recollection of that?

Yes.

Is that what you told Det Vargas?

I may not have, but that's my recollection.

When you spoke with him in 2017, was your memory as to what JD2 told you better than it is today or worse than it is today?

I have to think about that. (Asks for a repeat.) Ah yes.

And when you spoke to him you were truthful.

Yes.

You said when she spoke to you she was letting it all come out.

Yes.

And when you spoke to Det Vargas you were telling him everything she had told you.

Yes.

Did you tell him that JD2 had actually spoken to you before she went to Masterson's house.

I don't recall saying that or hearing that.

Would it help to refresh your recollection to look at the transcript?

Yeah. (Checks.)

Does that help refresh your recollection.

And I said I think she did, but I wasn't 100 percent sure, and I'm still not.

Did you tell him that she was excited about it.

She was looking forward to it, yes.

So you told Vargas that she might have talked to you before she went.

Yeah, I recall telling him that I think so. As I'm thinking about it now, I'm not sure that she did.

Is your memory now better than when you spoke to Vargas/

I can't say it's better or worse. As I'm hearing it now, I think, and I'm doubting it. I'm just not sure. But that's all I can say, I'm not sure. Because there are certain things, I may have heard that at one point, that it was the night before, but the whole subject is vague, about if she was looking forward to going over there.

You love your daughter very much.

Extremely

You want to help her in her endeavors.

Yes.

Did she indicate to you that she kind of liked Mr. Masterson.

Again this is one of these things that is vague. I seem to remember something... You know when you talk to someone a great deal you don't hang on to every single thing they say. I seem to remember her saying that she liked him, yea. But it's a vague impression.

Accurate that you have received information about the incident throughout the years.

Yes.

And did you tell Det. Vargas that there's been so much talk it's hard to separate out what I've heard recently from what actually happened.

Yes. I did. Because once the women were going to press for charges it was all brought up and there was a lot more talk and so separating that from what I heard initially with my first phone call, sometimes, yeah, it's a little hard to do that, separate it out. But the three things I told you... (Judge Olmedo stops her there. Next question>)

You said JD2 called you within two days of the incident.

Yes.

When she told you, did she say she was waiting for Masterson to call her?

No.

Did she tell you they might start dating?

No.

Did she tell you that she had stayed at his house until 5 or 6 in the morning?

I'm not sure the time, but I think she was there a while.

Did she tell you she wanted romance with him?

No.

Do you remember telling Det Vargas that she had told you she wanted a romantic thing?

No, I don't remember telling him that.

Would it help to refresh your recollection to look at a transcript?

Sure. (checks)

Did she tell you that?

I don't know if that was the word, romantic. I know I said that to him, but I don't know if she used that word precisely. She liked what she knew of him and looked forward to hanging out with him. I don't think she had a big romance in mind, but I don't know. Again, 20 years ago. Some things are pretty vague.

Did you tell Vargas she was interested in romance and he treated her like a piece of meat.

I don't know if that was what she said or my characterization of it. She wanted to have a date and it turned out to be something very different.

Did she ever tell you that she had called Masterson and asked him to set her up with a friend of his.

I don't remember that at all. I remember nothing about that.

Do you remember Det Vargas asking you if JD2 had used the word rape?

I don't remember.

Do you remember telling the detective that the first word she used the word rape was in the last few years?

I don't remember telling him that but it would be something I remember.

Do you remember telling him that you would not say what she described as rape?

I don't remember telling him that, but I would explain that.

Do you remember telling him specifically that if you had put it together as rape, you would have told her to report it?

I don't remember saying that but I may have. But I mean that makes sense.

(Brings her the transcript.)

I guess I did say that.

Did you tell him that had you put it together as rape, you would have said, well we should report it.

Yes. But can I explain something. (Judge Olmedo tells she'll have a chance on redirect)

Did you have a conversation with Ms. Anson earlier today about your testimony?

No. Just logistics.

Only logistics? You sure?

Yeah.

Did you tell Ms. Anson that as of today you remembered some new things?

Today did I tell her that? No.

Did you send her an email

I took some notes that flushed out a few things that I don't think I explained very well.

And those notes came to you today?

Not today, but maybe the last day or so.

Do you know when your daughter testified?

Yesterday.

No further questions.

REDIRECT

Anson: Did you talk to your daughter about her testimony yesterday?

No.

Do you know what she testified to yesterday?

Nope.

You were asked about when she first used the word rape?

Yes.

And you spoke to Vargas in 2017.

Yes.

And you said it had been within a few years, before 2017, that she first used the word rape?

Yes, I believe so.

You said it was a few years before 2017.

I think so. A lot happened in the last few years. Things in my family, personal illness. So when I think of the years, it gets a little confusing.

But in 2017, you said the first time she used that word was a few years before.

I thought so.

And when you first had that conversation in 2003, you never brought up the word rape.

Yes. Because I had a fairly old fashioned idea of rape. I thought it referred to having a gun or knife to your throat and you were going to die. I realized later that that's not necessarily what constitutes rape, and it's about consent. That's why I didn't have the idea that it was rape. There were no weapons involved and no extreme violence, and I mean extreme. And that's why I didn't question it.

Were there times you explained things to DEt Vargas but said those are my words.

There may have been a few times.

And why is that. Why would you tell him these are my words.

Well because I don't want to swear to something I don't know to be absolutely true. And you remember things said and you have an impression, so there's different possibilities.

You were asked about several conversations that happened over the years. And it's difficult to know about what happened over all of them.

yes.

And those details you talked about, where did they come from.

From that first conversation we had, and I remember them very clearly. Other things not as well.

RE-CROSS

Cohen: Your explanation of why you didn't see this as rape. Is that one of the things you sent in your email to Ms. Anson?

Yes.

And was it you and solely you that had the idea to send that to Ms. Anson? (Rephrase) You had a conversation with her today.

Yesterday.

Yesterday. Before I listened to...

One moment. You had a discussion with Ms. Anson yesterday.

yes.

And you told her you had some things you wanted to add.

I wanted to flush out some things.

and today you came to court and gave a note to her that you had some things you wanted to add.

Correct.

Did anyone give you any suggestion about idea to prepare an email or a note for Ms. Anson to flush out or explain certain things?

I was not asked for it, no.

That was not my question. Did anyone give you the idea to give her that note.

No, I asked, would it be ok to flush out a few things.

And that was your idea exclusively?

Yeah.

No further questions.

Jane Doe 2's mother is excused.

Judge Olmedo: Tomorrow, start at 9, might get out early.

Monday, jury not in for witnesses. We will be working on the trial, but not with you. Tuesday resuming with witnesses, but it's only a half day. No court on Friday. We're anticipating the prosecution's case-in-main being done by next Thursday.

She sends out the jury. We're in recess.

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