Late morning session, Day 8 (Day 4 of testimony), Danny Masterson retrial
Holley: The Purification Rundown, it was helpful to him
JD3: He believed so, yes.
He was in a band
Yes, Mars Volta.
And did you or he bring in another bandmate to do the program?
Yes, ma'am.
When you told him about the Dec 2001 incident, you told him that you felt quote, passed out.
No, ma'am.
Did you tell him when you woke up you felt hungover?
No, ma'am.
I think you testified to this, you told Det Reyes that there were many occasions when you drank so much you didn't remember the night before.
No, ma'am.
Well, I’m pretty sure you testified to this, there were times you drank so much that you couldn't remember part of the evening and you hope you didn't embarrass yourself And you brought it up to contrast it to the Dec incident. (Judge: Already in the record, ask next question.) Did you have past experiences of drinking and not remembering the night? (Obj, overruled)
There have been times when I was drunk, when I was younger and couldn't remember the entire night. That's normal, right?
Now with what happened in December, what is the last thing you remember?
Last thing I remember was getting up from the restaurant to leave, and then it was lights out. No memory.
Do you remember telling Officer Greene of the Austin PD that you don't remember anything after you got home?
I don't know.
That night when you were at the restaurant, I think you said none of your usual friends were there.
That's how I recalled it.
Were there other patrons?
I'm sure.
And I'm assuming there are servers and a host or hostess?
They had one server, Francois, funny guy, and a bartender. It's a pretty small place.
So would it have been possible for Danny to carry you out with no one seeing? (Obj, sustained) Would it have been physically possible for him to carry you up the stairs to the house? (Obj, sustained) I have a photograph, Exhibit G. (Photo of JD3 and Danny. She's several inches taller than he is.)
I think you testified that you are six feet.
Yes, ma'am. I'm wearing four-inch heels.
You are considerably taller than him.
He's 5 ten and a half, right? I remember that's what he would tell people.
So you don't remember telling male officer at the Austin PD that yo don't remember anything after you got home. This is the Austin police department report.
I've never seen that. I don't remember much of that day. I was really scared.
(Holley brings it to her.)
Does it refresh your recollection?
Technically, I don't rememeber. But OK.
Do you remember saying that to the male officer at the Austin PD.
As it's written, no. But these are someone else's words, kind of paraphrasing what I was saying to him.
Well, generally, you understand that a police officer might take down information from you and put it into a report.
I guess it's not technically wrong. I returned home, but I always told people that I don't remember anything after getting up from the restaurant.
After you became convinced that Danny had sexually assaulted or raped JD1, in 2016, you began reaching out to people about your experience?
I reached out to a girl named Beth Riesgraf because I needed someone to confirm what I was hearing, and she confirmed that JD1 had accused Mr. Masterson of raping her.
Thank you. And then you started reaching out to people at that point.
Yes, I told Beth that...
When you were reaching out to various people, the only specific incident you spoke about was the Dec incident, correct?
Yes and that I had reported him to Scientology. and my question was how was there another victim if I reported him for raping me. How was there another victim?
And you wrote to the ethics officer in August 2016 to find out if Danny had been handled for the Dec 2001 incident
Yes, ma'am
And you wrote an email to Brie Shaffer and spoke about the Dec 2001
After I found out that Brie had known that he had raped me and that he had... (Interrupted)... I want people to know this... (Judge explains she needs to answer what she's asked)
And when you spoke to publicist Jenni, you spoke about the Dec 2001 incident.
I told her what happened, yes.
And in the Instagram messages with Maria O'Brien, you spoke about anal rape and passing out.
I told her that I believed he raped me while I was unconscious.
And by Nov 2016, you started to hear that Danny had done something to Jane Doe 2.
Yes.
And you learned that she, Mariah O'Brien, had information about JD2.
She told me that JD2 told her and Binki Shapiro that Masterson raped her.
You asked O'Brien if JD2 had been anally raped or passed out because that's what happened to you?
I may have, yes.
And then you contacted JD2, and you talked about your allegations and her allegations.
No, ma'am.
You didn't speak to her in November 2016?
I did talk to her.
And you didn't talk about what happened?
When you're raped, when you're violated, you don't want to talk about details. It is very painful and you just don't want to talk about those things.
I hear you, and is that part of the reason that you felt you wanted to, that you wanted to talk to JD1 and JD2 because you shared this experience.
No, because I wanted to .. .I didn't know it wasn't past statute and that we could file something.
The person you spoke to on the RAINN hotline, if you're in a relationship and if they have sex with you when you're unconscious, is that rape?
I had a lot of questions, but that is one I asked them.
And then shortly after that, you spoke to the Austin PD.
Yes, ma'am.
And that's 15 years after the incident.
I'm trusting you, yes.
And we have the report, and I think you spoke to a male desk officer.
Yes, ma'am.
Do you receall tellling him about the Dec 2001 incident? the anal penetration incident.
Rape. I don't think so. I feel like I walked up and just told him I wanted to file a report about rape. and then he got me a detective.
When you were looking at the Austin PD report, you saw that it included additinoal information, right? It talked about what happened at La Poubelle, and what you were there to complain about. I guess what I'm asking is, the report sets forth information beyond just I need to talk to a detective.
I don't know what you're asking.
That desk officer, the male, did he connect you with a victim services counselor?
The desk officer?
Let me withdraw that. Were you connected with a victim services counselor shortly after you talked to the police?
No, ma'am. It was after I spoke to a desk officer and a detective, a woman came and gave me some pamphlets and information.
Did you talk to her about what Danny did?
I don't think so. She was just offering me resources and things like that.
I have a report concerning what you spoke with the victims services counselor about. Just look at it. (Hands it to JD3.)
Oh, he was born in 1974. (She points out something on the form to Holley, and they engage in a little banter that's hard to hear. Judge Olmedo: OK, let's refrain from the small talk.)
So you've had an opportunity to look at the report of the victim services counselor.
I honestly don't remember speaking to her in detail. But if she says I did, then I did. I remember speaking with the detective about stuff.
OK. When Reyes and Viegas talked to you (in Austin), did they talk to you the next day, too?
I thought so, but I was told no.
And then you spoke to the FBI, agent Welch.
Yes.
And then the letters you wrote to LAPD Chief Beck, going to show this to you because we couldn't figure out the date. February 21 here, and we didn't know the date of the earlier email. The first one, Febraury 21, is it true that you wrote, I was raped by my former boyrfiend while I was unc nearly 15 years ago.
Yes.
And you also wrote about your communication with RAINN.
Yes.
You never mentioned any other incident besides the Dec unconscious sodomy, in that email.
If you say I didn't, I didn't
And in the March 15 letter, and you were complaining about Det Reyes' investigation, you suggested that the entire LAPD was on the side of Scientology.
I don't think I said that. The Hollywood Division yes, they had a kiosk in their waiting room, and they take money, and Capt Cory Palka is under investigation, I read that. Something's going on there.
My question about the March email is that you mentioned brutally raped in your anus while unconscious, but you don't mention any other incident.
RAINN told me I could report it. And there was evidence that I reported it to Scientology right after it happened. And when Det Reyes was asking about other times, I was telling her about any other that happened.
But in all of these communications, the only incident you mentinoed was the December one.
Right, but that's what I had reported.
No further questions.
REDIRECT
Mueller: In November of 2016, were you looking for JD1 and JD2?
I spoke to JD1 on October 21, 2016. But I had been looking for her. When I found out from her friend.
In that period of time, Nov 2016, had you been looking for JD2?
I had just found out about her when Mariah O'Brien told me. And I was very protective of JD1 because she had an NDA.
I'm going to show you a document, a 16-page, People's exhibit 14. (I think these are the Instagram messages with O'Brien. Yes it is.) You ask, "Did you ever hear of Danny being accused of rape." And she says "JD2..." Does this refresh your recollection if you were still looking for JD2 in November of 2016?
Yes, sir.
Danny's publicist had told you that JD1 had left California.
Yes, sir.
And that you said you were trying to find her.
Yes, sir.
So at that point of time, you were still looking for her too?
No, sir. I was nervous, I didn't know if I could trust her, and I was being very protective of JD1.
And when you meant trust her, you meant.
Mariah.
When you mentioned everything in the relationship you had buried. When you first reported at the Austin station with LAPD. Can you tell us what you felt at that time about disclosure?
I was feeling a lot of things. I was afraid that Sci would find out I filed a police report, because after I reported to Austin, it got sent to the Hollywood Division. Weird things started happening. And I was trying to find words to, I'm not a very good speaker.
In terms of the questions you were asked by Det Reyes, was that the first time you had to un-bury what had been buried?
Yes, sir
How difficult was that?
Very. Every time I have to speak about it is very diffiuclt.
You were asked about...did you ever say that he was "trying" to have sex with you.
I don't know.
Was that something you said or Det Reyes said?
I think that was something she said, and I was just like uh-huh, yeah.
I have eight pages of text messages I'd like mark as People's 19. (Defense wants to review it. Judge asks Mueller to move on to another area.)
You told Det Reyes, when you had returned from Esposito incident, that he had spit on you that night and called you names. (Asked and answered.) You talked about having emails hacked.
Yes, sir.
At what point did you experince that?
Immediately after I went to Austin to file a police report that got sent to Hollywood Division.
How soon after. My phone immediately after, soon weird things started happening. My email was I think within a few days that I was aware of. My computer password was changed on me.
What were you experiencing that gave you the understanding you were being hacked.
I would be on a phone call and other conversations would bleed into the call. And my phone battery would die after an hour, burning hot. Someone moved in next door and they were suspricious. and after living there a year my phone said I was living in that house.
With regard to any messages you might have received, were you getting any that were unusual?
Yes, I got a message from account “Operating Thetans” and some numbers. They said' “we have a list of your crimes and we're going to expose you.” I got a message from these perverts asking for anal sex. And I got to talk to one of these people, and he sent me a link to a photo of a woman's bottom with my contact info saying I wanted anal sex. (Upset, emotional)
These messages you were getting on your phone?
I have documentation of other things, but mainly my cellphone. And still is.
Did you have a security station at your house?
I did. We had this company Security 360...
Judge Olmedo interrupts her, asks the jury to go into the jury room.
Judge: I wanted to explain to her [JD3] the limited purpose I want to go into. To Mueller: I know the general allegations of harassment, the subject of the civil lawsuit. I need you to be a lot more controlling and not just ask “what happened,” especially since the defense opened the door. This should not be a long area. Tighten it up.
And she also admonishes the defense about re-cross, that they shouldn't simply be asking about what's already on the record. Re-cross can only be about what was on redirect.
Speaking to JD3, telling her that she had ruled when she made the claim about the email was altered, that opened the door to claims of hacking, but that doesn't mean all allegations of harassment. But this present subject is specifically about hacking. Judge Olmedo then tells the court reporter that JD3 has said to her, softly, "she just wants to go home to her babies."
Holley: The defense wants access to the documentation JD3 is referring to.
Judge Olmedo is saying "you opened the door" and she doesn't want to delay this trial any more. And that this is just a short detour into the hacking issue.
Judge: Now that you know what my rules are for redirect and recross, both parties should be very brief. (She's hoping they can get done with JD3 by lunch, which is 30 minutes from now.) I'm going to order both sides to share their exhibits, it should never happen that one party says I haven't seen that can I see it. Especially on a retrial.
Back to redirect.
Mueller: Did you report hacking issues to police?
Yes, sir.
How long did they go on?
To today.
It's still going on?
Yes, sir.
Did you provide documtation to the LAPD?
Yes, sir.
(Mueller shows a document to her.) Who is Ellery Travers?
At that time she was the current ethics officer at Celebrity Centre.
Dated 2017. Why did you reach out to her?
You always go to the church, you always go to ethics. I was trying to understand, when I reported him for raping me, did they do anything? Why are there other victims?
And you received a response?
Yes.
What did she indicate to you?
She said his folders were not at Celebrity Centre, and she would have to get them to find what handling was done.
Did you get a response after that?
No, sir.
Did you also advise that Ms. Travers that Mr. Masterson had forcibly assaulted you?
I have always told the church what he was doing to me.
Did you also disclose that he would spit on you and pull your hair?
Yes, sir.
You indicated there were times you drank and passed out. Were there times that you passed out and woke up the next afternoon?
After drinking?
That you would have been passed out for that length of time?
After drinking, no.
Nothing further.
RECROSS
Holley: You indicate you reported all these claims to law enforcement.
Yes, for the last 6 years.
And that would be Det Vargas?
Det Vargas and local police as well.
(Holley is giving the jury transcripts of a brief part of the interview with Det Reyes and Viega.)
JD3 is crying. Judge Olmedo asks if she's all right.
JD3: I just want to go home to my babies.
Judge sends the jury out, saying they just want to give her a two minute break. She tells JD3 that they're down to the last question. But they're going to let her go and keep her on call.
Judge Olmedo says they are going to let the jury go early, but the defense wants her to give them a couple of admonitions first. She says she will admonish them about Masterson not being connected to any harassment.
Judge explaining to the jury that JD3 has been excused and she is on call and might come back. She asks them to pass back the transcripts. She lets them go for lunch, and the People will have their second witness here at 1:30.
She reads them the admonition that there is no evidence being presented that connects Masterson to any harassment of witnesses.
She sends the jury out.
Judge Olmedo is not going to give any admonition to the jury regarding Scientology evidence. But she's going over her ruling, yet again, about what Scientology evidence might come in.
Cohen: Not seeking to relitigate anything, but I suspect we're going to hear more of the same from the other Jane Does, the court already has a full meal of Scientology and the conduct reported by JD3, and will be similar to what we hear from JD1 and JD2. Should we make a 352 objection?
I think Cohen is asking if he thinks the Scientology content is going beyond her ruling, is that something she will interrupt or can he make an objection.
She's explaining that so far, the evidence that is coming in is probative -- in other words, relevant and not prejudicial. If we get into the weeds away from the charged incident, she doesn't want to get into policies that have nothing to do with it.
Cohen: Based upon that I wanted to know if we can have a 402 prior to Claire Headley. Judge Olmedo says she has already set out in detail what Claire can go into. No, we're not going to do 402 or voir dire of the expert.
Olmdo: With that said, the Court takes notice that both sides have been opening the door to areas that neither side wants to go into. Obviously, we talked about the alleged altered email. But same with the People, I don't know why you're going into, if you start going into a witness's alcohol habits, that opens the door into an area the court has kept closed.
I would advise both sides to exercise caution, the points you want to make and the doors that you could open. As you can see, if you open a door, I will allow limited testimony in that area. We have a lot more witnesses to go in this trial, I would caution both sides.
We're in recess.
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These women are being subjected to harassment just having to testify to the same thing again and again and again...I wonder how Masterson felt watching JD3 crying on the stand, was he glad she broke down? This whole ordeal- then there’s the civil case after this. What superhuman strength is required of these poor women to have to keep reliving these events with the perpetrator sitting there in open court surrounded by his pose.
Hugs to Jane Doe 3. You're doing a great job. And thanks Tony.