JANE DOE 3 DESCRIBES RAPE: Danny Masterson Trial, Day 9, 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.

Vicki Podberesky's young associate just walked into the courtroom and took a seat. I believe this is the first that I've noticed him being here. (In other words, Scientology has a legal stringer in the room.)

Jane Doe 3 is back on the stand. Jury back in the room.

Mueller: I want to show you a photograph. A group photo. And a photo of Masterson and JD3. What do you recognized this to be?

That was our backyard.

Which home?

It was on Hollymont, 6227 Hollymont Drive.

Who are the people in the photo?

Nicky Shulman.

Masterson in this photo?

No.

Are you in this photo?

No sir. (I think this might have been one of JD2, from the opening statement.)

Recognize this picture?

Yes sir.

That's me with Mr. Masterson.

Do you know roughly when this was taken?

During 'That '70s Show.'

You were telling us about an incident, in November 2001.

Yes sir.

Where did that occur?

The Hollymont house.

Do you recognize this picture?

This is the house.

Where you were both living?

About five years.

This is 6227 Hollymont Drive, City of Los Angeles.

Yes sir.

You said you were in an apartment.

Yes sir, about an apartment.

Then here?

No, we subletted a duplex for a couple of months. Then he booked the show, and then he bought this house after booking the show.

And you lived here five years.

Correct.

Tell us what happened (Nov 2001).

We had not been getting along. Can I tell you why?

Let me ask you. Why were you not getting along.

It was, I remember it was October of 2001, we had gone to the Standard Hotel Bar on Sunset Blvd, to meet up with, it was me and my best friend Annie, and Masterson, and Luke Watson, and I think that was it and we met up with this actress, Jennifer Esposito. (Obj, overrule, but get to the incident.)

What was it caused you not to get along.

He had done something to this womwan. We were leaving and there were paparazzi outside, she was newly married, she and her husband were walking in front of us and he kept shouting. He kept screaming these really disgusting things at her, sexual things, degrading things.

Were you there to listen to that?

I was holding his hand.

After a minute or two of him not stopping, her husband turned around and beat him up and dragged him out onto Sunset and was beating him up. I looked at my friend and said, can I go with you? (Obj, sustained hearsay.)

What did you do?

It was something about that that really I felt reall bad for her and I felt disresptected.

Was there something he said that made you feel disrespected?

He was yelling about anthoer woman ad her private parts, which I was used to. And it's not even funny.

How did you react after you saw that?

I abandoned him by leaving him. I think my friend Annie we went and got food and I was saying I'm right to be upset about this. She agred. (Obj, last part stricken)

Where did you go?

I went in her car and I think we went to Jack in the Box by the house.

And then you went home.

Yes

Was he there?

Yes.

He was really angry with me.

Did he tell you why?

I abandoned him.

So what happened.

I'd never seen him like that. He got into my face and was screaming at me. And that I was abaonding him. That's all I reacall. A lot of screaming.

How were you feeling at that moment?

I felt like, well, I was angry. And I felt like I shoudl be able to be angry. But I also agreed with him that I abandoned him. And I think he felt really embarrassed.

So he's in your face and he's angry, are you at that point saying anything back to him?

I recall saying what you do is not OK. Then I was just listening to him.

Was there any name calling?

I don't recall. I"m certain but I don't recall exactly.

Why are you certain?

Because when he was angry he'd call me names. He'd call me white trash. He would tell me that I was "out-ethics," I was PMS.

Up until November 2001, and you mentioned the pulling the hair, were there other things physical that he would do.

Physical? Like hitting? Only one time, but he would do other things like he would urinate on me.

More than once?

I would be in the shower, he would sneak in, he thougth it was funny. It wasn't in anger, he thought it was funny.

How did you react when he would pee on you? (Olmedo: Let's focus again on 2001.)

You got home, what happened after he was in your face, shouting.

I don't recall. But we got back into a sort of peaceful place, but our relationship for me changed.

OK, let me stop you. There was an incident in November 2001, you got home, sorry I took you off. What happened on that night after he was in your face. It changed the relationship?

It changed me. I was starting to sort of stick up for myself.

Do you feel up to that point you hadn't been doing that?

No.

So you've started sticking up for yourself, what was different? (get to the incident)

Mueller: Was there another incident in Novebmer 2001

I was sleeping and I woke up and he was having sex with me and I did not want to. And I told him so, no I don't want to have sex. I said many times. He wouldn't stop. And so I was trying to push him off me. And he would put all his body weight down on me.

Was this occuring at that residence on Hollymont?

Yes sir.

And I assume you were in bed.

Yes sir.

When you woke up, he was having sex with you. What part of your body was he penetrating?

My vagina.

And what body part was penetrating you?

His penis.

What part of him were you pushing?

His chest.

While you were telling him no?

Yes sir.

How did he react?

I don't recall him saying anything, but he was being rough.

How so.

Sexually.

And for you what does that mean, being rough sexually. What was he doing that was rough.

The way he was doing it, and it was painful, as a woman, my body was not prepared, so it...he was just being really rough.

Where were you feeling the pain?

In my vagina.

When you woke up, was your body moving on top of you?

I woke up and he was putting himself in... (emotional), I'm really sorry. No, I'm ok, I'm really sorry.

(Judge Olmedo asks if she needs a moment.)

When you woke up his body weight was on you?

No, when I told him no, then he put his weight on me. He would do, that was a normally thing. He would put his entire body weight down on me, and I don't know why.

He was on top of you, penetrating you.

Yes sir.

Where were his hands when you woke up?

I don't remember, when I was pushing him off... (Obj, stricken)

When you were pushing him off, what happened?

When he put his body weight down and I kept trying to push him off. I do know where his arms went. He put his forearm down on my arm.

So you were describing you put your arms up, 90 degree at the elbow, and he put back both your arms?

Both, initially?

He held them back?

Yes sir.

Was he holding your arms back with his arms?

Yes, I felt trapped.

All the while he was penetrating you?

Yes sir.

At some point were you able to get either of your hands free?

My left hand. I don't know how it happened I was able to get my left hand free.

What did you do with it?

I did something that I knew would maybe get him off me.

When you got your left arm free, was your right arm still held down?

Yes sir.

Up until that moment did he say anything to you?

I just remember... No, not that I recall.

What about you, what do you recall yourself saying to him/

I was screaming at him to get off me. I didn't want to have sex. Get off of me. I kept saying that over and over.

What about the rest of your body.

I was trying to move my upper body to, I was trying to get out from under him or him off of me. And I was not successful at that point.

As you were doing that, was there, did he do anything in terms of shifting his body weight?

All of it down on top of me.

When you got that left arm free and right arm still held down, what happened next.

I pulled his hair.

Any particular reason?

He has rules, and he would say this to me and everyone, no touch face rule, no touch hair rule. And he was very sensitive over his hair. And I felt if I pulled his hair that would get him off me.

How hard did you pull it?

I think I pulled it hard.

Did you grab a fistful off hair or what?

I grabbed hair on the side of his head, and I remember seeing his head going (moves her head to the side.)

So how did he react?

He hit me.

Where?

On my face.

What part of his body did he use?

It was his right hand. It wasn't a punch. Like a loose, it wasn't straight out, not a fist (shows her hand kind of loosely closed).

He hit you on his left cheek?

Yes sir.

And you said it was hard, right?

Yes sir.

Meaning he hit you hard?

Yes sir.

As you pulled his hair and he hit you, was Mr. Masterson still penetrating you?

Yes.

So when he hit you on your left cheek, how did your react?

I felt shocked by it. I felt angry. And I started screaming?

Words or just screaming.

Like, Get off me! And that point he got up and I was laying on my side of the bed, the right side. He stood up over me and he spit on me and called me white trash. That's all I remember him saying.

I want to show you People's 11 (photo of Masterson's bedroom.)

That was our bedroom.

The way you see it, is this how the bedroom looked back in 2001?

That big mirror was there, the guitar was not there.

What about the bed itself.

It was a dark wood bed.

Does that look like the same bed structurally?

It was like a Mission Style, dark wood frame. That headboard looks like it. The lamps are different.

Just right now, the bed, does it look similar to what you remember?

Yes sir.

And those two doors...

The closet.

Doors on the left and right. Where do those go?

(She points at left) My closet. (Points at right closet) His closet.

Was there a side of the bed he always slept on.

By his closet, and I slept by mine. (So, Masterson on the right looking from the foot of the bed toward the headboard.)

After he got off you, what happened then?

He stood up, I was on my side. He stood up over me and spit on me and called me white trash. And I believe he went downstairs to the guest bedroom.

And what did you do?

I stayed in bed.

Did you see him the rest of that night?

I don't know.

Did you then stay in bed to the next morning?

Did you confront him that next morning about what happened?

I believe he was already gone. I didn't see him the next morning. I believe he would have been at work.

Judge Olmedo: OK, we're going to break for the day.

Olmedo: Mr. Cohen, as to Mr. Fabos' testimony both sides are in agreement, a stipulation. Will read it to the jury tomorrow morning.

The defense put on the record the mayoral campaign, the negative ads, during voir dire. But court is aware there are a number of Scientology ads airing on mainstream TV, Scientology is putting out ads of a positive nature, so there have been ads that are both negative and positive.

In recess until tomorrow.

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