Day 24 (Day 20 since testimony began, Day 6 of deliberations) Danny Masterson retrial
Judge Olmedo is calling a couple of other cases this morning, mostly dealing with calendar issues.
Three of us reporters are in the back row this morning.
The lunch break comes and goes.
And now we learn that after we had left the courtroom for the break, the jury asked a question.
When they let us back in, we asked the clerk what was up, and he said the jury has asked for readback of some testimony. He doesn't specify which testimony they have requested.
We hear Judge Olmedo say that she wants it taken care of this afternoon. (Some readback during the last trial spilled over two days.)
People begin trickling back to the courtroom.
Billy Baldwin is here, giving a shoulder massage to Bijou Phillips, his sister-in-law. Danny Masterson is at the defense table. Alanna Masterson is also here, her brother Jordan Masterson, and family friend Chris Wadhams.
SARTORIAL SPLENDOR ALERT: Oh, creamy wonder! On a day when he could not have known whether he would be called down to court or not, defense attorney Philip Cohen does not disappoint, showing up in a cream-colored suit with brown vest and tie.
First indication from the court reporter is that the testimony the jury wants read back appears to be from Jane Doe 3's cross-examination by Shawn Holley on Apr 26 and 27.
Judge Olmedo is at the bench.
Judge: First going over previous requests. 1st request came in on May 18, at 2:30 pm, the rewatch of video. That was played.
The 2nd question on May 19 at 11:40 am, and a third question. 2nd: Social media, texts, emails of the victims (referred to previously at some point). They are told you have all exhibits already in evidence.
3rd: Attorney Cohen's display with degrees of guilt. You will not be provided this, it is not evidence.
4th question, today: Transcript of defense testimony Apr 26/27. Regarding Defense C and Defense D exhibits.
Jury is in.
The court reporter then begins the readback, which consists of three portions: One short portion of cross, one longer portion of cross, and then a short portion of redirect, all involving Jane Doe 3.
In the first portion, Shawn Holley is asking Jane Doe 3 about letters she wrote to then-Chief Beck of the LAPD.
If you remember, when we first broke the story of the LAPD investigation in 2017, the Jane Does were very concerned about how Detective Esther Reyes was handling the investigation.
In the second portion that the court reporter reads back, it's focused on Shawn Holley asking Jane Doe 3 about the video that we watched last week, when Jane Doe 3 was interviewed in 2017 by Det Reyes in Austin, Texas.
Here's our portion of that testimony, repeated from our April 27 story...
Shawn Holley: Do you remember that interview?
Jane Doe 3: Yes, ma'am.
Would you agree that there are lots of opportunities for you to speak as they're asking you questions?
Can you repeat that?
Sure. (Repeats it.)
I didn't know I could do that.
In that exchange you would agree the way you described the Nov incident was very different than what you said here in the courtroom, right?
What she was asking was very, very strange,
When you talk about this incident, you talk about it as the incident when he hit you?
Yes, ma'am.
When she would ask you about other times, she was talking about other than the Dec 1 unc sodomy event. You were there primarily to talk about, you said "other times."
She asked me about other times.
In that clip, you never said anything about having your arms pinned?
I didn't.
You didn't talk about being raped for 30 minutes.
I didn't.
In fact you didn't talk about being raped at all.
She asked me about other times, I assumed she meant other times he forced himself on me without my consent.
In that regard, you respond to those questions by saying that he was trying to. And that's when you pulled his hair.
I think so.
You would say you certainly didn't say he was having sex with you when you pulled his hair.
I'm not a very good speaker, and this was the first time I was saying these things.
Was it comforting to you that the two were women?
It wasn't comforting in any way.
When you first sat down, you talked about being moms
I remember that.
And I think you spoke about being raised as a Southern Baptist in a small town.
I think so, yes.
Do you remember that Det Reyes had a similar background.
Yes, ma'am.
So it's proper to say that before you got into this difficult conversation, you talked about these things.
Um, no.
They ask if you were naked. And your answer was I would always sleep naked.
Yes, ma'am.
And the first time you said Mr. Masterson made yo sleep naked was here in this proceeding. You don't remember saying that in the past two times you testified.
Correct.
You talk about a cycle where Danny would want to have sex, right?
Yes, ma'am.
And sometimes you would not want to, and when you said no he would call you names, spit on you, ignore you, and those are the things you said was punishing you.
I don't know if I, well yeah. Today I can see that, he was punishing me.
One of the things you say on the tape, to avoid that you would go along with it.
That's true.
You would just let him.
That's true.
As you said there, you didn't consider it rape because you would let him. Those were your words?
Were those my exact words?
Well, I think you testified to that pretty consistently, to avoid those things you would just let him.
Yes, sure.
And comparing how you described Nov incident there with how you described it here. you don't say anything about feeling trapped?
I didn't, no.
Nothing about yelling, screaming.
Correct.
And certainly nothing about going on for 30 minutes.
I didn't.
Is it correct that Det Reyes didn't give you an opportunity to say what you needed to?
I believe a lot of the times she would sort of answer, she would aske the questions and answer for me and I would agree. I thought she understood.
Would you agree there are a number of occasions when she says, tell me about that...
Yeah, I believe she was just asking me if there were any other times when I thought she was asking about times before.
[END OF TESTIMONY PORTION]
There was also a brief section from the redirect by Deputy DA Reinhold Mueller read back.
In it, Mueller stresses that it was Det Reyes, not JD3, who was saying that Masterson was "trying" to have sex with her.
After readback was completed, the jury went back to continue deliberating.
And we go back to waiting.
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This is so frustrating and this is why victims don’t get justice in sex crimes. They are worn down and brow beaten. Made to say things so many times that jury’s and even the victims get confused. Defense and perpetrators count on this to win their cases and get set free. I don’t know these women personally I don’t know DM personally and I do believe these women aren’t lying! In my gut DJ donkey punch drugged these women and has sex with them without their CONSENT !! WE KNOW THAT DANNY WAS TAUGHT BY A CULT HIS WHOLE LIFE THAT RAPE ISN’T RAPE AND HE WOULD GET AWAY WITH THIS! What is it going to take to put this cos pos away and get these JD3’s and other victims justice? 6 god damn years! ENOUGHS ENOUGH! btw f**k Bijou and the rest of his supporters, you’re a bunch of enabling, kiss ass, aid and abetters I hope shame showers over them like a vicious storm.
Ok I’m done for now. Not apologizing either.
GROSS 🤮 🤮🤮 Billy Baldwin is here, giving a shoulder massage to Bijou