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JANE DOE 3 BEGINS CROSS: Danny Masterson Trial, Day 10, 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.]
While we're waiting for the session to start, we wanted to mention that today the Bixler v. Scientology civil lawsuit had a hearing.
We were unable to get anyone there. But Deadline's Dominic Patten called the court at the break, and he told us the hearing was held and the stay in the civil case will remain in place until December 13, to ensure that it lasts while the criminal case is going on.
That's a teeny tiny defeat for Scientology, which wanted to remove the stay, but it's not unexpected.
Continuing direct examination of Jane Doe 3
Mueller: You told us you were in this dark hotel room in New York, and you saw this flash.
Was a picture taken of you?
Was it of you having sex?
How did you feel about it?
Not happy. I asked him to delete the photo and he refused.
The photo that was taken, did you have clothes on?
You were naked?
Did that have any impact on you, on your relationship?
What was that?
I never did anything with him again.
Are you referring to sex?
Yes. Anything like that.
You've told us about this October incident out on the street and Masterson had made a comment and you abandoned him at that time. I think you had said you were uncomfortable... You mentoined his assistant and your living situation. Who was his assistant?
Her name was Brie Shaffer.
How long had she been his assistant?
I believe she became his assistant maybe two, two and a half years into the relationship.
And how often would you see her?
Every day, pretty much. Every day.
Would she come to the house or other places?
What was your relationship with her at that time?
I used to describe it as I felt like she and Masterson were my mom and dad. She was very cool to me.
Were you nervous around her, scared of her?
Why is that?
She's a bit of a bully and it felt like to me that she took pleasure in being really cool and unkind to me.
The incident you told us about in December, when you went to La Poubelle, you had one or one and a half glasses of wine. Was that consistent with the reaction you had afterwards?
That has never happened to me drinking alcohol.
You'd obviously had red wine before.
And you'd never had that reaction to red wine?
After this New York incident you said you had no further contact with him.
In that way.
Were you still a Scientologist at that time?
In about 2004 until 2010 I was "blown."
What does that mean?
It means you're a Scientologist, you leave, you don't say anything bad. You won't get harassed if it's just a quiet, you know, but they might try to recover you to get back in.
Were you still active while you were in New York, courses, sessions?
No. I did visit the New York Celebrity Centre once with a girl named Ilaria. But I wasn't taking courses.
Other than Miranda or Chris Scoggins, who is the first person that you told about the November 2001 incident?
When did you get married?
At what point in the marriage did you tell him.
It would have been about a year and a half, between a year and two years in the marriage.
So about 2011?
Could have been 2010.
What did you tell him?
I told him about the unconscious, when I had no memory, and my bottom. (very quiet)
When he did it in my bottom. And then I started opening up more and told him about the November, the one where he hit me. I told him just generally what it was like.
What was his reaction? (Irrelevant, ask another question.) Other than your husband did you contact anyone else about what happened to you?
Not until the winter of 2015-2016, and then the summer of 2016, I told a couple of girls that...
Let me stop you there. Did you reach out to anyone to inquire about what had happened to you?
No, about... (Obj, sustained) After you told your husband, and your husband...
(Judge Olmedo calls for a sidebar.)
Mueller: After you told your husband what happened, did you view it differently?
How did you view it differently.
That I was right, that it was (rape? Couldn't hear her.)
Did you reach out to any hotlines.
In 2016 I did.
Who did you reach out to.
They're called RAINN.
What is RAINN.
It's a rape and incest hotline I think.
Did you speak to someone there.
And did that have an impact on you recognizing what happened to you?
My view changed. I believed a crime did occur. (Obj, overruled)
When you say crime, are you referring to rape? (Obj, overruled)
At some point did you report it to law enforcement. (Obj, sustained) At some point did you report either the Nov or Dec incidents to law enforcement?
I went in to report the one that I wrote up, but I also discussed the November incident another time.
Where did you go to report.
I went to the Austin Police Department.
Were you living there at that time?
Dec 6, 2016.
How did you feel coming forward and reporting to law enforcement?
Because of Scientology. I was terrified.
You were not a member of Scientology at that point?
I had written them a letter saying that I was no longer a Scientologist.
But you still had concerns about reporting.
Oh yeah. Sorry, yes sir.
Do you have concerns about testifying here today?
Do you have fears of retliation for testifying?
Since you reported, have you experienced harasment or stalking or anything like that? (Obj, overruled, jury please rmember admonition)
And since reporting to law enforcement, over what period of time have you been expderiencing that?
And has that been going on currently?
No further questions.
Defense attorney Philip Cohen explains to JD3 that he wants to make sure his questions are clear and to please ask for clarification.
Cohen: You would say in general your memory is very very good.
In general, no.
Did you tell Det Reyes in 2017 that you "have a really good memory."
At that time I thought I did, yes.
In fact you said you have a "crazy good memory."
I do for the past.
Has your memory since 2017 gotten worse?
I'm speaking of my short-term memory, just with, there's been a lot in the last six years, so many things have happened, but I'm speaking of my short-term memory.
When you spoke to Det Reyes and said you have a crazy good memory, you were speaking of your short-term memory.
YOu were referring to your long term memory.
I believe my memory in general at that point.
So in 2017 your memory in general was very good.
I believe so.
Is it different today?
So today you're memory is good.
I would say I have a good memory.
Would it be fair to say that while your memory is good, or very good, your memory is even better when it's things that are of significance to you? (Asks him to repeat it.) (Obj. overruled)
I would say maybe.
You understand there is one charge of rape regarding you in this case.
And that charge comes from what month?
I assume it's your position you absolutely remember what happened that night. (Facts not in evidence, rephrase it.) There is an incident of November 2001, correct.
And you actually went through in detail what happened that evening.
You mean today?
I mean testifying yesterday and today.
(Asks for repeat of question.)
You spoke in detail where he was where you were.
What his hands were doing, what your hands were doing.
So you have a detailed memory as to what occurred in November 2001?
I would say I remember what I remember. And I am being completely honest.
The things you told this jury yesterday, the specific detail you went through, those are things you remember.
You spoke to Mueller in June 2017. And when you were truthful, correct. You were able to answer his questions. (Obj, sustained) You were able to understand what he was asking you?
Is your memory today better than it was then about the Nov 01 incident?
No, I don't think so.
What you told Mr. Mueller on June 1, 2017 about Nov 01, "I can't gie you much about that night because I don't fully remember." (Obj, sustained) Did you tell him, I can't tell you much about that night because I don't fully remember? (asks for repeat.) When you spoke to Mr. Mueller, did you say to him with respect to Nov 2001, I can't give you much the night because I don't fully remember. Did you say that to him?
I may have.
Was that true?
I've always been truthful with Mr. Mueller.
Were you being truthful when you said that?
I've always been truthful. I don't remember every single thing about it.
That's not my question -- (Olmedo: She answered your question. ask a nother one.) Did you tell Mr. Mueller that Masterson had "pushed my arm back."
I may have.
You may not have?
I don't know.
Would it help to refresh your recollection to look at a transcript of that interview?
I don't know but I can look at it.
(Cohen is slow getting it out, has an exchange with Olmedo, and she calls the attorneys over for a sidebar.)
Cohen: Yesterday you testified about a number of details from the November 2001 incident.
I'm going to through details, and did you mention that detail to Mr. Mueller in 2017.
So the Nov 2001 incident, you talked about waking up in bed with Mr. Masterson on top of you. You weren't drunk. You were just asleep or falling asleep.
The Dec 2001 incident, you describe being passed out and woke up the morning and your butt hurt. Is that a fair description. (Obj.) Let's do this, the Dec 2001 is the sodomy.
The Dec 2001 is the one you report to Austin PD as a sodomy.
I'm going to ask about the Nov 2001 incident.
In talking about the Nov 2001, you indicated "Masterson had pushed my arm back."
May I ask you a favor.
When you walk to this part of the courtroom, I don't want to look over there (gesturing toward Masterson).
You tell me where you want me to stand so I get your best answer. Is this good, at the podium?
When you described the Nov 01 incident, you described that Masterson had pushed your arm back.
Did you ever tell that detail to Mr. Mueller in June 2017?
I wasn't sure how this whole thing hurt. I was extreemly nervous. I was just telling him events. Does that make sense?
I'm goig to ask it again. When you spoke to Mr. Mueller in 2017 about the Nov 01 incident, did you tell him Masterson had "pushed my arm back."
I'm not sure if he asked me, I was just answering his questions.
I'm assuming he asked you, just tell me what happened?" (Obj, overruled)
I don't think so.
Was the interview with him over the phone?
Was there just one interview with him?
Yes. Well, we've spoken. That was the interview.
Had you had other interviews?
I don't know if they're interviews.
Have you spoken to the case about the facts of the case in other phone calls?
If he had any qeustions I belive he would call and ask me.
Has he done that?
I think so.
OK. Right now we're going to focus on the June 1, 2017 phone interview and later on maybe we'll talk about the otthers. In that interview, did Mr. Mueller give you the time and patience you need to to tell him everything he needed about the November 2001 incident?
I remember him just asking me qeuestions and me just answering.
WAs one of those quetsions, ma'am can you tell me what happened?
I don't know.
You told the jury that you had pushed your arm back at a 90 degree angle.
Both of my arms.
90 degree angle.
I didn't say that. That was Mr. Mueler said that and I said correct.
Well, let me ask you, did he push your arms back at a 90 degree angle?
I'm really bad at math or angles. I'm not sure but my arms were like this (holds at 90 degree angle, Olmedo notes.) I'm not an educated woman.
Did you tell Mr Mueller that he had pushed your arms back at a 90 degree angle?
I don't know.
Did you tell him that your arms were pushed back at all?
I don't know.
Has anyone provided you that Jane Doe 1 said he pushed her arms back at a 90 degree angle?
You said he had put his elbow and forearm down on you.
In June 2017 did you tell Mr. Mueller that?
I don't know.
When you testified, you said you were able to get your left hand free.
Do you remember that happening?
When you talked to Mr. Mueller did you say anything about breaking your hands free?
Yes, I remember telling him that I pulled his hair.
We'll get to the hair-pulling. But did you tell Mr. Mueller that you got your hands free (Next question) You testified that you were screaming. Did you tell Mueller that?
I don't know.
You also spoke to Det Reyes in January.
I think I spoke to her first in December 2016.
Yes, I stand corrected. I'm going to ask you the same qeusetions. Were you truthful with Det Reyes?
WEre you about to give her all your recollection of incident
I just remember being terrified.
Of Det Reyes?
No, of meeting with her. I didn't know how that, this thing, worked. And so I was answering her questions the best I could.
Did she ask you, tell me what happened?
I don't know, maybe.
Did you Det Reyes that in Nov 2001 Masterson had pushed your arm back as part of a forcible rape?
I don't think Det Reyes ever asked me.
When you say Det Reyes never asked you, is it your position she never asked you, tell me what happened? (Obj, sustained, rephrase.) Did you tell Det Reyes everything you could recall about the inicident?
I just remember answering her questions the best I could and being really scared.
Did you ever tell her any time about a rape occurring in November 2001?
What did you tell her about a rape occuring in Nov 01 (Calls for narrative.) Did you tell her he pushed your arm back?
I don't know.
Did you tell her had pushed your arm into a 90 degree angle?
No, because I didn't know that was a 90 degree angle.
Did you tell her anything about what Masterson did with your arm?
I don't know.
Did you tell her that he put an elbow and arm down on you?
I don't know.
Did you tell her that he put his arm down on your arms?
I don't know.
Did you tell her that you got a hand free?
I really don't remember her quesitons, I'm sorry.
I'm more concenred with your answers than what she asked you.
I don't rememer what she asked so I can't remeber how I answer her question.
You said you were 18 when you met Mr. Masterson.
I don't remember.
When is his birthday?
You don't remember the year? Was he 19 and you 18?
No sir. He's not only a year older than me.
You said you wanted to get into modeling. You were doing well.
I was doing OK.
Sounded like you were traveling a lot and meeting people.
Probably causes you to grow up more quickly (Obj. sustained) Did you also want to get into acting? (Obj, sustained) A few years into the relationship, Masterson was taking steps to stop you from working?
A few years, no.
Did he ever take steps to stop you form working?
He didn't want me modeling. It was about a year.
So he didn't want you modeling a year into the relationshiip. He says in some fashion you need to stop working?
Not like that.
I thougth you said yesterday you could no longer work?
I didn't say that. I said he wanted more of a traditional, which if you read Dianetics and Science of Survival he explains the woman's role.
Regardless of what he wanted, did you keep working?
Locally, here and there.
So despite the fact that he told you he wanted a more traditional family, you kept working? (Asked and asnwered, sustained) Did you keep workign into the second, third, fourth year.
Not in the way that I would be able to support myself.
Did he take steps to try to stop you from working? Like telling you to stay home.
Well, I needed to be on course every day.
At one point did you get an acting agent.
I drove a friend to a movie set, and a casting agent asked me if I would try out for the part. And I auditioned for it and I ended up being first choice for a few months.
What year was this?
So about three years into your relationship?
You were selected to be in some kind of movie (Olmedo: Irrelevant.) Who is Jackie Lewis?
I don't know.
In 2001 did you appear on the show Mr. Masterson was on?
(Cohen asks to approach the bench. Olmedo sends the jury out.)
Olmedo: I cut off Mr. Mueller when he tried to go into her career because defense is trying to portray her as a freeloader, and you (Cohen) jumped up, NO! the defense isn't trying to do that. But now you're portraying her as trying to get an acting career, and I don't know how either is relevant. And this is a woman unleike the others who was in a long term relationship.
Cohen: The court seems to give a nefarious intent with this line of qeuestion. What Mueller got into was a length of questioning about controlling her...
OLmedo: It was not long, I've already given you more time.
Cohen: Not going after freeloading. The opoposite. She was on Spin City, she was on that 70s Show. Wwe are rebutting the inference at every step about Scientology or Dianetics, this is not a controlling relationship. More power to her. She was on Spin city, she was noticed at a movie set. She got the same acting agent. She was on two network TV shows, when the relationship was at the worst crossroads ever. None of this is freeloading, it's the opposite. The only purpose is yesterdsay we heard Mr. Mueller talk about the controlling nature of Masterson and traditional relationship. This doesn't sound controlling when he's allowign -- well, not ALLOWING.
Olmedo: I was going to say, that was an oxymoron...
Cohen: We're going to get into things that are the opposite of what she said yesterday.
Olmedo: OK, I severely limited what the People could do regarding the relationship up to the incidents, and I've allowed some limited amount on your part. As to domestic violence, I will give you leeway on that. But as for her career path and how much it was being limited, you'd have to know the modeling world to udnerstand ow much it was being limited.
They now start talking about bringing the jury back, but Judge Olmedo is reminded that she had scheduled today's session ending around now, 2:30 pm.
Olmedo: There is a chance we'll be in session Nov 1 but dark on Oct 31.
Brings in JD3 just inside the door. I forgot we are breaking early, and you are ordered back on Thursday at 9 am.
She leaves. They do a sidebar.
Brings in the jury, tells them the situation, that we might have October 31 off, but will be here November 1. Still working it out. But there is no court tomorrow.
See you here Thursday morning at 9 am.
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