JANE DOE 3 CONTINUES CROSS: Danny Masterson Trial, Day 11, 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.]
Danny is wearing a grey suit today. Defense attorney Philip Cohen is wearing a blue three-piece suit, natty as usual. Karen Goldstein is in a grey suit.
Bijou is chatting with Chris Wadhams in the family section.
Judge Olmedo arrives. We're on the record, jury is still out.
Cohen asks for a sidebar.
(Only 7 reporters now, and 3 people in the public gallery. Only three in the Masterson section. Feels very empty today. But it is early, 8:45 am.)
Very long sidebar.
Carol and Alanna arrive to join the family section.
Sidebar finally breaks up after 12 minutes.
After waiting some while, Judge Olmedo calls for another sidebar and tells us that we're also waiting for a juror. Slow getting started this morning.
In the meantime, we will relate that we heard from a colleague that the Brian Statler family lawsuit has settled.
Trial was scheduled to begin on Dec 6, and the defendants were the two Inglewood police officers who shot Statler at the Inglewood Scientology "Ideal Org" in 2019.
Statler's parents originally filed the lawsuit, but they had been replaced as plaintiffs by Statler's unnamed minor daughter, who was being represented by her mother, Decery Capponi, a Scientologist employee at the org.
Statler showed up that day wanting to see her, and he was wearing a Samurai getup. The police alleged that when they arrived and asked to talk to him, at some point he had wrestled with one of the officers and got control of his firearm, forcing the other officer to shoot him dead. The lawsuit questioned that version of events.
OK, Jane Doe 3 has taken the witness stand. Jurors coming in.
Judge Olmedo gets things going.
Cross-examination of Jane Doe 3 continues.
Defense attorney Philip Cohen asks if his position is ok. She says yes. (Remember, she was uncomforable with his pacing over by the Mastrson family and Danny.)
Cohen: Asking about the relationship, like most were there arguments.
I suppose you mean that Masterson was saying thigns to you and you would answer.
The dynamic was that Masterson would say things abusive or insulting and you would not respond.
I struggled with standing up for myself.
You mentioned an incident that had resulted in hair-dragging. Can you tell me when that took place?
I just remember it was in that apartment and when I got back from Paris.
Can you give me an approximate year?
You had indicated that you said something to him just prior to what you describe as hair-dragging, is that right?
I thought you had said something and as a result he did that.
Do you reemember what you said to him?
Can you tell me?
I told him that I slept with someone else, which was not true.
Let's start with what you told him. You were scared to stand up to him?
So what did you ask him? You said you slept with someone else? (Ask and answered.) Who? (Irrelevant.) You said that Masterson would pee on you.
In the shower?
Had you ever mentioned that to Mueller before?
I don't know.
Did you ever tell Reyes that?
I didn't speak to her much.
You gave her an interview didn't you?
And to Vargas?
And you talked to Mueller?
It's been six years.
So my question is with Reyes did you ever tell her that he peed on you?
I don't remember.
I don't remember.
Cohen enters a document, saying he's going to lay foundation about time of interviews. Looks like a list of about seven dates.
Cohen: You talked about that you spoke with your husband in 2011?
Possibly 2010 or 2011.
So around that time you spoke with your husband about the allegations in this case?
And then in Dec 2016 you contacted a rape hotline.
I believe that was the end of Oct 2016.
So you contacted the rape hotline, Dec 9 2016 you did an interview with Austin PD?
I thought it was the 6th, could have been the 9th.
That Austin PD interview was in person?
The same day you spoke with another individual there, a Miss Muccoulough?
Do you remember speaking to a couple of people at Austin PD?
A desk person and a detective.
And then in Jan 2017 you speak to Det Reyes (LAPD)?
Yes sir, but we spoke in December.
But in Jan 2017 she flew to Austin to speak with you in person?
Then in June 2017 you spoke with Mr. Mueller?
And after you had spoken to Det Reyes.
You spoke with Mueller by Zoom?
I didn't have Zoom. Might have been Facetime.
By some electronic means.
And you've given Det Vargas a number of statements.
So when you spoke with these various individuals and organizations, at various times, you wanted to give them as complete of information of what you were alleging?
I'd never been interviewed a detective before. And I was terrified. I just remember answering their questions honestly.
Does that include as completely as you could be?
Did you keep information regarding for instance the Nov 2001 charge from Det Reyes?
It's not that I kept anything, it's just I was answering her questions.
It's your position that you did not intentionally keep any information from Reyes?
Or from Mr. Mueller.
That's correct. I can't tell the prosecutor things, I have to tell detectives first.
When you spoke to Mr. Mueller you were honest with him?
The rape hotline?
Yes sir. Well, I kept some things from my husband.
During your relationship with Mr. Masterson, and the verbal abuse, there was one time in the five plus years when you were together when he struck you?
And when he struck you, you had pulled his hair, correct?
And in response he hit you.
Did he hit you?
Yes sir, he did.
In the demonstration when Mr. Mueller asked you to show it, you had your fist closed or half closed and to the left of your cheek.
(She demonstrates it, a closed fist, but the butt of her hand hitting her face first, not the knuckles.)
There's a discussion between Olmedo, Cohen, and Jane Doe 3 about how to describe for the court reporter what she's displaying.
Cohen: I suspect that that has stayed with you, because you indicated it was the only time he hit you.
So it's vivid in your mind.
Did you tell Det Reyes had slapped you?
I don't think so.
Would it help to refresh your recollection of a transcript of the interview with Det Reyes?
(Cohen brings a transcript of Jan 2017 interview with Det Reyes.) Let us know if that refreshes your memory of what you told her. Does that help you refresh your recollection?
Did you tell Det Reyes that it was a slap?
You saw the transcript.
Can we agree the transcript indicates that it was a slap? (Olmedo says he can read it and ask her if she said it.) Det Reyes asked, "His hand open or closed. JD3: I don't think he punched me. I think it was... Reyes: Just a slap? JD3: Yeah." Did you make that statement to Det Reyes?
Were you telling the truth?
Did you tell Det. Reyes that he slapped you?
I said 'yeah.'
That slap that you mentioned to Det Reyes, that would be the only time you say that Masterson struck you, hit you, slapped you, during the relationship.
In addition to Masterson never slapping you other than this incident, is it also accurate that he never threatened to hit you during the relationship?
There were times I felt that he was going to. But I don't know.
Do you recall telling Mr. Mueller that Masterson had never threatened to hit you?
I don't remember.
Would it help to refresh your recollection to look at a transcript with Mr. Mueller (June 2017).
(Brings her a document.) Does that help you refresh your recollection.
You had a question for me?
When I said that, was the question in response to reporting? (Olmedo asks for the next question.)
Cohen: Not really is the response. You had raised the dynamics of your sex life with Mr. Masterson during direct testimony.
I prefer not to ask about someone's sex life, but since you raised it I need to ask some questions.
My understanding of the dynamic was that he wanted to have sex on more occasions than you wanted to have. Is that fair?
And as your relationship developed, the sex became kind of robotic? Is that a good word to use?
Did you feel it became less loving.
I don't believe it was ever loving.
So the sex was never loving.
So when you said things were great that first year, not great then?
At the time I didn't have much to compare what a healthy relationship would be like.
Is it your testimony that sex between you was never intimate?
I would say that it was not loving, it was very rough and forceful and he didn't understand that a woman needs to be prepared, nnot just jump on someone and doing it their way.
So if we were going to put that under an umbrella, your position is that he was a very bad lover. (Obj, sustained) You believed he was a bad lover (Irrelevant, Olmedo says.) You said he wanted sex without foreplay. (Obj, susteain) Well, you said he wanted sex before you were ready?
(Olmedo asks the jury to leave the room.)
Olmedo: I wanted to know where you are going with this line of questioning.
Cohen: The issue has been raised that Mr. Masterson has committed aa number of sexual assaults, given the way he had sex with JD3. That requires intent. JD3 has now laid out as to how he had sex. What his style of sex was. And so to the extent that sex between them was not loving, that he was having sex before she was ready, I think that was relevant to what she said in direct.
Mueller: I don't think the issue of "intent" is an accurate argument. And I believe that where we're going is to an area that is irrelevant and improper, and Mr. Cohen has laid a little bit, but if we go any further it's improper.
Olmedo: The court's concern, I understand the issue of consent...
Cohen: Again, the charge is November. With respect to November, in part the issue that there was no sex.
Olmedo: There have been 2 primary incidents discussed. JD3 has answered some qeustions concderning sex in the more general term. I have limited going into the 6-year relationship. So with that said, I believe she has already put on the record the nature of the general sexual interaction in her opinion, you have it there for argument, but this case is about the incident in November. In 1108 evidence, the December incident has come in, but the court is going to limit further testimony because it would go into further sexual incidents that are not relevant.
Cohen: I am only asking because of what came in during direct that had nothing to do with the Novmeber incident.
Olmedo: If it did only in a very limited way.
Cohen: I disagree, for the record. The hair-pulling incident she had talked about coming back from Paris and he had sex with her before she was ready. And with the Paris incident...
Olmedo: You're not asking about the Paris incident, you're asking about how he was as a lover in general.... The dynamics of the relationship, aside from sexual interaction, and about her behavior before and after, and there will be an expert talking about sexual assault victims and how they react. But at this point I think the questions are more prurient than relevent.
Cohen: And I'm not trying to be purient. The statement that she gives prior to the hair pulling is that she told him she slept with his brother. Now the reason I was trying to ask about that is that she was saying she was too afraid to say things to him. But I imagine that anyone who says something like that is not someone who is afraid to speak up. I would think that would hit harder than hearing it was someone at work or something.
Olmedo: Depends on how close you were to your brother.
Cohen: I suppose.
Olmedo: I did allow the question to be asked about the basis of the argument, and that she slept with someone. I allowed that in because People are going to be proffering that this was a somewhat domestic violence relatonship. I allowed it in for a provocation. I understand your argument that the brother makes it more provoking. But I don't think it needs to go further. He can testify to his state of mind, but he's not testifying.
Cohen: Thank you.
Calls for jurors to come back in.
Cohen: When Masterson wanted to have sex and you did not want to, he would keep asking.
He didn't ask.
Did you tell Det Reyes and the would keep asking a million times?
I don't think so. I don't know.
Did you tell Mueller 'a million times.'
I don't know.
Is that true, would he keep asking and asking?
There was no asking.
He would just do it.
Would it be fair to characterize that you either gave in to his request, or if you didn't, he would go away angry, name-call, and not talk to you for two days?
Your question kind of confused me because I want to be completely sure.
You want me to rephrase it?
You spoke with Det Reyes in Jan 2017, and you indicated that you were scared of speaking with her?
Because it was Det Reyes?
Just in general?
Because of Scientology.
Did Det Reyes ever ask you wehether he would force himself on you?
I don't remember her questions.
Do you remember the answer, he would just do it and I would just let him.
Well, that's true.
Do you recall her asking if you always said no to his requests for sex?
I don't remember her questions.
Would looking at a transcript help refresh your recollection?
I don't know.
Did you tell Det Reyes that when you said no to sex with him, that he would then go away angry and you would spend the next two days being ignored?
I don't know if I told Det Reyes that.
Did you tell Mueller that?
I don't know.
Is that a true statement?
The way you're asking the question is very long and drawn out and I'm trying to pay attention the best I can, I'm sorry.
There were times he would ask for sex and you would say no, correct?
He didn't ask.
Is it your position he never asked for sex?
I can't remember a specific time.
You talked the other day about one particular incident when you had returned from Paris.
And you returned, and Masterson wanted to have sex.
You said no to him.
You indicated that when you said no, Masterson had gotten angry.
And he had called you names?
Yes he did.
And he ended up pulling your hair?
He did not pull my hair?
Did he drag you?
Despite you saying no, he had sex with you.
He was initiating it, yes.
Did Masterson penetrate you in this incident?
He was trying to have sex with me.
My question is, did he penetrate you?
I believe so.
Did you tell Mueller about this incident, that you and Masterson did not have sex?
It was stopped right away.
My question is, did you tell Mueller you did not have sex during this incident?
I don't know.
Would it refresh your recollection to look at a transcript?
I don't know.
When you say that, are you saying the transcript is not accurate?
I didn't help me the last time, so I'm answering honestly, I don't know.
Do you have a recollection of what you told Mr. Mueller (Obj., allowed)
I remember being scared, I remember answering his questions as honestly as possible. I remember being confused because I didn't know how interviews with DAs, I'd never spoken to a DA before.
Given the fact that you'd never been through the process before, tell me why you don't think it would be helpful to look at a transcript as to what you actually told him? (Asked and answered.) Has anyone told you if the lawyer asks to look at a transcript, don't do it? (Obj, overruled)
Are you part of the civil case against Masterson?
Do you have a lawyer in that?
Is the lawyer in the courtroom?
Do you remember telling Mr. Mueller, "after a million times saying no, I'm tired" or "no I have an audition in the morning...most of the time I just ended up giving in."
Is that true?
Let's go through the chart (list of interviews). When you spoke with your husband, in 2010 or 2011, by the way, what's your husband's name?
[She says his full name.]
(Mueller objects, Olmedo says strike it and just use "Cedric B.")
You spoke with him in 2010 or 2011, regarding Masterson, correct?
And you felt you could speak with him openly?
And when you spoke to him, you were open with him?
I opened up, yes.
And he listened.
When you spoke with Cedric, you indicated that you told him about an occasion where you were asleep, you were out, and you woke up and your butt hurt and Masterson spoke to you, and you told Cedric about that?
I told him what he did and I told him what he told me he did.
What you told him about the December 2001 incident?
I did tell him about that.
During this conversation, you also told him about the Nov 2001 incident that is the charge in this case?
I told him about that and about other things.
So you have no question you told him about the Nov 2001 incident?
I have no question.
He knows you're testifying.
He's at home with our babies.
He knows he has to testify.
I just found out, yes.
Do you know he was interviewed by Det Vargas?
He was on tour this past month...
(Olmedo stop you there, did you know he was interviewd by Det Vargas Oct 10, 2022)
I gave Det Vargas my private number.
My qeusetions is, did you know he gave a statement to Det VArgas 10/10/22/
I didn't know that date. I know he was interviewed.
While Cedric is on tour, the two of you are communicating by phone or Facetime or some form of communication.
With our children, yes.
Did he tell you about being interviewed (Olmedo: This gets into hearsay.) When you spoke to Cedric in 2011, did you also tell him about domestic violence in the relationship?
I didn't get into many details.
When you called the rape hotline, do you remember what you told the hotline? Do you remember specifically remember what you told them?
I specifically remember what I asked.
During your interview with Det Reyes, if you called the hoteline in Oct 2016, your interview with Det Reyes would have been about two months later, does that sound right?
(Questions that timing)
But when you spoke to Reyes your memory of what you told the rape hotline was fresh?
It's still fresh in my mind.
Did you say, I just want to know something, if you're in a relationship for six years and they have sex with you when you're unconscious, is that rape?
And the person said yes.
She did say yes.
Olmedo: We're going to take a fifteen minute break.
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Thanks Tony. I particularly love reading how the judge is steering the process. Your word for word transcript is amazing!!
Thank you for all of this. Tony! The way this reads to me, the more Cohen tries to imply that JD3 has changed her story, the more honest she seems and the more smarmy and manipulative Cohen seems. She has painted a picture of always striving to be honest, yet acknowledging she didn’t tell everything to everyone who questioned her. With a lot of the detectives and the prosecutor, she simply answered whatever questions that were posed. His cross is a big fat nothing burger, in my opinion.