JANE DOE 3 ON 2ND ATTACK: Danny Masterson Trial, Day 10, 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.]

Morning session.

Our court reporter says she is shocked this morning that defense attorney Philip Cohen is wearing a brown suit. She has become accustomed to his more daring colors.

"It's fall," Cohen responded.

Danny is in a blue-grey suit, Karen Goldstein is wearing purple.

Bijou is wearing grey slacks and a nice tan coat.

Mueller is saying Jane Doe 3 will be our only witness today. So we may end a little early, Judge Olmedo says. (We were already planning on a short day to end at 2:30 pm)

Jury still out.

Goldstein: Regarding Scientology's positive ads. Apparently there was a written ad by Rick Caruso, two pages to every current LA resident regarding "decades of abuse that didn't stop Karen Bass from endorsing Scientology." The ad refers to Scientology's history of violence. We simply wanted to file this on the record.

Olmedo: Los Angeles city or county?

Goldstein: County, according to the postage I've seen.

Olmedo: That's not something I've seen. I live in LA County. I had just wanted to note that in regards to negative ads, that Scientology had responded with positive ads on the air. But lodging that ad is perfectly acceptable.

Goldstein: Thank you, your honor.

Olmedo: Did you want to say something, Mr. Mueller?

Mueller: No, your honor.

Brief recess waiting for some jurors.

Judge Olmedo wants to bring the jury in first to give them a couple of stipulations.

Oops, we're still missing one juror.

Juror in

Olmedo, stipulation 1: On Sept 2004, JD1 and Masterson signed a written a confidential NDA. Mr. Masterson had received a draft civil complaint.

Stipulation 2: As a party to this action, either party has the right to interview anyone in preparation for this trial, and without producing a report on the matter.

Jane Doe 3 returns to the witness stand.

Deputy DA Reinhold Mueller continues her direct examination.

Mueller: Left off yesterday, you told us about an incident in November 2001. Where you had woken up and Mr. Masterson was on top of you, penetrating your vagina

Correct.

And you told us about things that followed form there. I belive the next morning you didn't see him.

Correct.

You thought he had been at work. Do you recall when you next saw him?

I don't remember.

When you next saw him, did you confront him about what happened?

I don't remember.

Was there a discussion about what happened?

I just remember it was very uncomfortable and it wasn't very peaceful. But I just typically held it inside. (Obj, overrruled). I was used to just bearing it all down and continuing.

Uncomfortable, what does that mean?

Just the living situation with him and his assistant, who was always there.

You mentioned this incident out on the street, you said it changed you, how so?

In my mind something started to shift and I started allowing myself to see that he needed some help and these things were happening the way he treated me and other people, I just started confronting it. Whereas before I would just kind of be blind, knowingly blind to it.

This incident in November 2001, did that have an impact on the rlationship?

Yes sir.

How is that?

I didn't feel like I was in love with him anymore. I mean, I loved him. But I didn't feel like I was in love with him. No, that was after, sorry.

When you say that you loved him but not in love with him, can you explain that a little bit?

I just started seeing him for who he was, really.

OK. This Hollymont location, you lived there five years.

Yes, about.

So you are real familiar with it.

Yes sir.

[Photograph] What's that?

Stairs from the street that led up to the house.

[Photograph] What is that?

The front porch area, the landing.

Does that go into that left arch to the left, what is that?

That's the front door.

Please keep in mind, some of these years may have been taken later. So there might be some furnishings that are different.

[Photograph] What's that?

Front door and entrance.

There's some stairs behind that, where does that go?

Two glass doors that we always had them open, and they went to a back patio area.

[Photograph] What is that?

To the left goes down to the basement, and up the stairs is the backyard.

Looks like there's another set of stairs to the left.

That goes up to a little landing, and to the left was the master bedroom and bathroom.

[Photograph] What is that?

The backyard.

I think we had shown you a photograph yesterday where there were a gruop of people. You're not in this photograph.

Correct.

Where is this photo?

When you went out the back that's what you would see. A little fountain and some chairs.

That's how it was when you were there?

That's how it was, but then he painted the house.

[Photograph] What is that?

The barbecue area, in the back.

[Photograph] What is that?

That's if you're coming in from the backyard, and those are the stairs going up.

You can either go upstairs to the right or downstaits to the left.

Correct.

[Photograph] Recognize this?

That's the bathroom, but it was different. That was the master bedroom bathroom.

What is different.

The bathtub is different, and the shower doors.

But everything is in its place.

Yeah, everything is in its place.

[Photograph] This is the shower.

Yes sir.

What would you say was different?

Tile, not marble like that. And the bathtub was connected.

Was it a standup shower?

Yes sir.

The enclosure was the same but not glass?

Correct.

[Photograph] You identified this (of the bedroom).

Yes sir.

[Photograph] Keep in mind this was a later photograph. Do you recognize this area?

That was his closet.

And I'm pointing to an open area with a bunch of separate shoes. [Photograph] Do you recognize this?

It looks like the closet.

Keep in mind it might be different. Structurally, do you recognize it?

His closet.

There are some clothes hanging here on racks.

Yes sir. He had a wall put in to separate out closets. And then he had those little racks put in.

So you're saying you can't walk from one closet to the other?

Correct.

[Sketch] Do you recognize this?

I made that sketch for Det Vargas. I drew the outside are as I remembered it.

You drew this from memory. You have the front door here?

Yes sir.

And you've indicated a table and chairs.

Yes sir, like in front of the door.

And you've marked the backyard door. And some furniture here in the backyard?

A couch.

When you were living there was a jacuzzi there?

No sir.

The whole time you lived there there was not a jacuzzi.

Yes sir.

After you lived there did you realize there was a jacuzzi?

Yes sir.

When?

I believe it was the winter of 2002.

Were you still in a relationship with him then?

No sir.

When did you learn it?

He had called me and said he had almost died in a plane crash. They were with Ashton Kutcher and Wilmer Valderrama filming some Girls Gone Wild thing and something went wrong and there was no oxygen in the cabin. I was very upset and I went over to see him and I noticed he had gotten a jacuzzi.

Can you describe what it looked like?

It was an above-ground one. Maybe sat like 8 people?

[Sketch] What is that?

I drew this for Det Vargas. It's how I remembered the first floor.

(He goes through it, the various rooms.) What's down in the basement?

The washer and dryer, and he had some safes.

After this November 2001 incident, was there another incident sometime later?

Yes sir.

When was that?

I believe it was in December 2001.

And this incident that occurred, also at this Hollymont residence?

Yes sir.

When did it occur?

Night time.

Tell us what occurred on that day.

We had gone to dinner and I don't have a memory after that.

Where did you go to dinner?

La Poubelle.

[Photograph] Showing front awning of La Poubelle.

That is the restaurant/bar, La Poubelle.

This is the one you had gone to.

Yes sir.

Had you been to that location more than once?

Like multiple times a week.

So what happened on this particular occasion?

I just remember going there, we had dinner, I had a glass or two of wine. And I remember we were getting up to leave, and I don't have any memory until the next day.

Do you remember what time it was?

It was dark out.

Evening time. Did you have any alcoholic beverages before going there?

No.

Had you taken any medication?

I wasn't allowed to take medication.

Did you eat?

Yes sir.

Anyone else there?

No sir.

The glasses of wine, did you order those, or did Mr. Masterson order those?

I don't remember, but I usually had red wine.

What's the last thing you remember?

Getting up to leave.

Do you remember how you were there before you got up to leave?

Maybe like an hour or two? I'm not sure, sorry.

Did anyone sit at the table with you?

Not that I recall.

So what's the next thing you remember?

Waking up the next day in bed. At the house.

When you woke up, did you have clothes on?

No sir.

Was Mr. Masterson there in bed with you?

No sir.

Do you remember what time of day it was?

It wasn't the morning. I believe it was early afternoon.

Do you recall what time you left the restaurant?

I don't.

So, when you woke up and found yourself in bed, naked, what else did you notice?

When I first woke up I felt really confused, and my whole body hurt. The back of my head hurt like I'd hit it or something. I noticed that I was injured.

What part of your body was injured?

My bottom.

Your butt area?

Yes sir.

Any more specific on your butt area?

Yes sir.

Where?

My (emotional, struggling) anal area.

Did you observe something on your anal area?

It was injured.

Did you go somewhere to look at that area?

I went to the bathroom.

And when you looked, what did you see on your anal area?

It was not normal. It looked, it was torn and had a little bleeding.

How did you notice the bleeding?

When I went to the restroom.

And how did it feel?

Injured.

What were you feeling.

I was feeling a lot of pain.

If we put it on a scale, how would you rate it?

I still recall how it felt. So I guess it was, I was in a lot of pain, I couldn't sit down. It hurt to go to the restroom.

Other than on your anal area, you said the back of your head hurt. Did you have any other specific areas?

My joints hurt, like I had really bad food poisoning. I'd had food poisoning where my joints hurt and body aches.

What did you do?

I left the bathroom and I went looking for Mr. Masterson. And I went downstairs and I found him in his office in his chair at his desk.

Did you speak to him about how you were feeling?

Yes sir.

What did you say?

I remember asking him what hapepedned last nigth. I asked him if I had fallen. I aws really confused why I was hurting down there.

Did you tell him where you were hurting?

My bottom, and he laughed at me and said he had sex with me there.

So he told you he had sex with you in your anal area?

Yes sir.

How did you respond?

I asked him if I was unconscious the whole time, and he said yes.

How did that make you feel, when he told you that?

It broke my heart. (emotional)

Why is that?

Because I really trusted him and I did not believe that he would take it that far.

Are any of those things, the pain in the back of your head, the joint pain, the bleeding anally, was any of that something you had before that night?

No sir.

This was all new since you woke up.

Yes sir.

When you were at the restaurant, do you recall before you lost memory, do you recall ever getting up and leaving your wine alone?

Not that I can recall. But that would be normal. (Obj non-responsive, sustained as to the latter portion.)

Do you remember going to the bathroom while you were at the restaurant?

That would have been normal. (Obj, overruled.)

After he laughed at you and told you this, (asked and answered), what did you do?

I remember going to, I didn't say much, I remember going to the kitchen and getting water and something to eat and going back upstairs. And trying to use the restroom and it was incredibly painful and I went back downstairs. And I told him that I was going to go to Scientology Celebrity Centre and report him. And he said that was totally fine.

Why were you going to go to Celebrity Centre to report him?

Ultimately because I wanted them to help him.

What kind of help did you want for him at that point?

I believed that this would have been considered -- the things he was doing to me, this incident -- was "out-ethics." That's a Scientology term. Out-ethical behavior and he was not really doing any courses or anything, and what I knew was that Scientology had the answers and that they would help him.

What type of help were you seeking for him?

To stop doing these things.

Did you consider going to the police?

No sir.

Because when you're a Scientologist, they have a justice system. (Obj, overruled) You learn that it's the sanest justice system, and if you have problem or upset with another Scientologist you report it to them.

(Judge Olmedo reads the admonition about Scientology material.)

Mueller: So you believed if you reported him to the ethics officer, the Scientology justice system would handle this?

Correct.

So you did that?

I did.

Who did you go see?

The ethics officer. Her name was Miranda Scoggins.

This is the person you were supposed to go to for this kind of thing?

Yes sir.

When you went to see Miranda Scoggins, the ethics officer, did you bring anything with you?

No sir.

What happened when you went to see her?

I told her that he raped me.

Did you tell her anything else?

I told her that he would sexually assault me and that I could not say no. And if I were to, it would turn into an ugly fight.

Did you tell her that there were times you did say no?

Yes sir.

And that he ended up having sex with you anyway?

Yes sir. And I told the chaplain as well.

Who was that?

Chris Scoggins, they were married. I don't know if they still are.

Did you speak with them together?

It was at seperate times.

Who first?

Miranda Scoggins.

How soon after this incident did you see her?

I recall it being within a day or two of it. I believe it was the next day.

Did you tell her also what happened in November 2001?

I told her about other times. I don't remember specifically said that time. But I told her about there being other times.

You told her generally about these incidents?

Yes sir. When I told her what happened, she stopped me and she told me not use the word 'rape.' She explained you cannot rape someone you're in a relationship with.

How did you feel about that?

I believed her.

Why did you believe her?

She was the ethics officer. I trusted her.

How old were you at this time?

22, I believe.

And how long had you been in the church?

Since I was almost 19.

Did she tell you anything else about this that you believed?

Yes sir, she told me that I "pulled it in."

What did that mean to you?

That I had done something to cause it.

What does that mean?

There was something I had done to deserve what he was doing to me. We're all responsible for the condition we're in, we were taught.

Did you believe that?

I did. I still struggle with that even today.

You also spoke to Chris Scoggins, the chaplain. That was after you spoke to Miranda?

Yes sir.

Did you tell him what happened?

Yes sir.

Did you also tell him about the other times?

Yes sir.

And how did he respond?

I remember he made me read something and then he explained to me that my job as his girlfriend. Basically if I didn't say no it wouldn't happen.

What did he make you read?

I can't remember the name of the book, it wasn't a book I had ever read before. I believe it was Dianetics on the Second Dynamic. I believe that's what it was, Dianetics for the Second Dynamic.

Where did this conversation take place?

Celebrity Centre.

And where did the one with Miranda take place?

Celebrity Centre.

On the same day?

No sir.

So, presuming what he brought out for your to read, was it a book?

It was a red book.

What you read, was it a chapter?

It was just a portion. And then we just discussed things.

How did you get to that portion of the book?

He opened it up and showed it to me.

So he directed you to read that?

That's what they do.

And this was after you told him what happened to you?

Yes sir.

Did you tell Mr. Scoggins that you had raped? Did you use that word?

No. Miranda had told me not to use that word.

After you were directed by Mr. Scoggins to this particular portion, what was your understanding of what you read?

That you can go PTS -- not suppressive -- to your partner in a relationship. I didn't say the "r" word but I told him what he would do to me, and I could not say no to me. He explained to me what my "hat" was as his 2D.

Mueller is about to ask her to explain that but...

Judge Olmedo: We're going to take our break there.

Olmedo: The court was overruling hearsay objections, and she explains why, about a hearsay objection.

In recess.

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