Chris Wadhams has joined the Masterson section.
Jury back in. Judge Olmedo explains to them that her other jury has reached a verdict and they will take care of that at 1:30, so our lunch break will be to 2:30.
Resuming direct examination of Jane Doe 3.
Mueller: After the incident with Esposito when her boyfriend had beat up Mr. Masterson, what happened.
JD3: I asked Annie if she would take me home, and I think we stopped at Jack in the Box and got food and we were talking.
How did it make you feel?
Disrespected and grossed out by the whole thing.
What about it made you feel disrespected?
I just felt bad for her. She had her head down. And I just recognized in that moment, he does not care. (Obj, sustained)
How did it make you feel personally?
Pretty bad.
In what way?
In the relationship, in that moment, I felt really bad. I felt he genuinely didn't, I can't say what.
Just what you felt.
Like nothing.
Did that incident change your feelings about Mr. Masterson, and how so?
Something changed in me. I started, I had him so high up on a pedestal, and I started to see him for what he was.
So you said you left with a friend, and you left Mr. Masterson there. When you got home what happened?
He was really angry with me. I remember I walked up, Luke Watson was pacing outside on the phone with his mom, the president of the Celebrity Centre. (Obj, overruled) I know he was speaking to someone at the Church of Scientology, and I know it was because of the paparazzi. (Obj, lay foundation)
How did you know he was talking to someone at Scientology?
He was talking about the paparazzi, so I knew he was. I went inside and Masterson was inside screaming at me for abandoning me.
What was he screaming.
You abandoned me! He got in my face and was yelling. There was a lot of yelling, I couldn't tell you.
How did you respond?
I agreed, I did.
You told him how you felt?
I tried to yes, I said I felt disrespected.
And how did he respond to that?
He was just angry. I don't know he heard me.
Did it become more than words?
He was in my face yelling. I remember he yanked my hair. He didn't hit me or anything. It was kind of scary.
What about it was scary?
He was just so mad at me.
Had you seen him like that?
I'd seen him pretty mad.
What about the name calling or spitting, did that happen?
I'm certain that he did, but I don't put words.
So after that, what happened?
I apologized for abandoning him. It was pretty uncomfortable for a bit.
You were?
Just with him, in that home, around his people.
Now this is something that happened in public, right? Had you seen anything like that in your relationship where you felt disrespected like that in public?
He and some of his guy friends, thy would talk about girls in front of me, but I never had a reaction to it other than being embarrassed. Never had a reaction like I did this time.
And what was different this time for you?
Because it wasn't just me that felt that way. Her boyfriend felt strongly about it too. It felt like it wasn't just me feeling it, and me trying to please my boss. If you have critical thoughts about someone, you report yourself to ethics. (Obj, sustained, stricken, rephrase.)
After this incident, and after you got home, did you still love Mr. Masterson?
I loved him unconditionally. I did.
You began to tell us about another time after this where something happened at the home. Is that the.. (photo, the Hollymont house). You recognize this as the home you lived in on Hollymont.
Yes, sir.
Is this the home you came home to after the Esposito incident?
Yes, sir.
I want to talk about the next incident, when was it?
I believe it was November 2001.
What happened then?
He raped me.
Let's talk about how that started. What was the time of day?
Night time.
How did it begin?
I was in bed, and I was sleeping. I woke up to him on top of me.
Until that time, that's not the first time when you woke up and he's on top of you.
Correct.
There were multiple other times?
Yes, sir.
What happened in Nov 2001 when you woke up with him on top of you?
He put himself inside me and I told him no, I don't want sex.
How did he react?
He didn't listen to me. So I continued pleading with him, saying, I don't want to have sex, please get off me, and he was continuing and it was painful. And I remember trying to push his chest, and I couldn't get him off me. I remember he put his full body weight on me. I kept telling him no get off me. (emotional) I was being louder. I remember trying to wriggle my body out from under him. I kept trying to push him and I remember him putting my arms back. His elbow was on my arms here, both of them.
What you demonstrated for us is that you had both arms bent at the elbows that that those arms were put back above your head. And you had your palms facing out.
Yes.
You said it was painful. What was painful.
The way he was doing it was painful. He was being very rough, and I didn't want it.
What part of your body was painful.
My vagina, my cervix. He was really rough.
When you say rough, can you give us a description of what you mean by that.
My body was not prepared for that, and he was, it was really hard.
Are you saying your body was not prepared, are you saying vaginally?
Yes, sir.
Did you communicate that to him, Danny this is painful?
I was just telling him stop, no, get off me, I don't want to.
And how did he react?
He wasn't saying anything, and...
Did he stop, pause?
No, sir.
Did he take a moment to make sure you were OK?
No, sir.
He just continued. When I say that I mean penetrating your vagina with his penis, is that correct?
Yes, sir.
And so what happened next.
I don't know how, but I got my left hand and arm unpinned and I remember making a conscious decision to do something would get him to stop.
What was that decision?
I pulled his hair.
What made you think that would make him stop.
Because of his rules. He says it like this, no touch face rule, no touch hair rule. He says it to everybody. Everybody knows his rules. And I knew if I did this it wouldn't be good, but I believed it would maybe make him stop.
You've heard him say this rule before to others?
Yes, yes.
Did he tell you why he had that rule?
He was just precious about his face and hair.
Had you ever pulled his hair before?
No, sir.
Were your arms being held down?
Yes, sir. He put my arms back like this, he was on top of me, onto my arms.
What you described was his forearm down on both of your arms.
Yes, sir.
Was he using his forearm to hold both of your arms down?
Yes, sir. I felt trapped.
What about the body weight, tells us about what you felt?
In this moment and other times he would put his body weight down on top of me, I don't know why. I'd never experienced it before or after.
Can you give us your height and weight then?
I think I'm six feet tall or a little shorter, and I wore a size two. I've had children. I was pretty thin then.
Was he penetrating you all the while?
Yes, sir.
Was he thrusting?
Yes, sir.
So then once you make this thought of pulling the hair, what did you do?
I pulled his hair. With my left hand, I can still see it today, I grabbed the side of his head pretty hard. I'm right-handed, but for my left hand I pulled it pretty hard. And I saw his head go along when I pulled it.
Were you saying anything?
When I pulled his hair, I don't know.
Shouting or screaming?
I just remember in that moment pulling his hair. I know I started screaming after.
How did he react?
He hit me.
How did he hit you?
With his right hand and it hit me on my left side.
What you're demonstrating is on your cheek.
I feel like it was more of on the jaw. Not a slap, and not a punch.
You're holding your hand with the fingers curled, and not a fully clenched fist.
Correct.
Did it hurt?
Yeah. He hit me pretty hard. I was stunned, and then I felt angry. and then I felt sad.
After he hit you, how did you react.
I remember that was when I was yelling at him get off me, get off me. I had a thought that it could be heard by this person Max Gerson who was living in the house, but it was after 9/11 and he was shooting something. I just remember screaming, telling him to get off, and he got off.
When he hit you in the cheek, was he still penetrating you?
Yes.
When you began screaming, was he still penetrating you?
Yes, but then he finally got off and was standing by me.
What did he do.
He stood up by me on my right side and he just spit on me and called me white trash. I can't remember if he said anything else. And then I feel like he went downstairs or somewhere else to sleep.
Where did he spit on you?
It was one of those gross kinds of spits, a loogie, and I feel like it hit my face and neck area.
What you're describing with your hand is the chin area down to the neck.
Yeah.
Other times when he spit on you, did that make contact on you as well.
Yes.
Where?
I don't know if it would be on my clothes, or a few times he spit on my face.
This incident you just described for us, how long would you say that whole thing lasted from the time you woke up and he's on top of you, and then he finally gets off and spits on you.
It wasn't a quick thing. I know I describe it, but it was a 30-minute ordeal, I would say.
At what point did you start struggling and pushing?
After I was nicely telling him no, I don't want to, please stop, and it being painful. And seeing his face.
Was there anything about seeing his face that troubled you or scared you?
He just had these dead eyes. His eyes could light up a room, and he could just have these dead eyes. And he wasn't saying anything to me.
Was he making any noises or sounds?
I don't remember.
The look that he had when he's that close to you, did that scare you?
Yes, sir.
During that time were you making efforts to get him off you?
Yes, sir.
What did you do after he left the room.
He had left the room and I was lying in bed. And I just kind of curled up and laid on my side. I felt very sad.
Did your body hurt?
Yeah.
Where?
My vagina and cervix area.
Is this the first time you fought back or pushed back to the degree that you did, to get him to stop?
I fought back a bit the first time it got violent, but this was the first time when I fought back and pulled his hair.
Why was this time different than the other times when you gave in.
I saw him.
What does that mean?
I saw that this man has a lot of problems.
How did you come to recognize it at that time.
At that point we weren't doing very well and I was withdrawing a bit. I wasn't being so knowingly blind to this behavior and things he would do. I was starting to have a reaction to it, to him.
This incident a month before with Esposito, did that factor in at all?
Yes.
After this incident, did you still love him?
Yes, sir.
Did you still stay with him then?
Yes, sir.
And you still loved him
Yes, sir.
Was there another incident that stands out after this one in November 2001?
Yes, sir.
When was it?
I believe in December 2001.
Where?
At his house on Hollymont.
How did that start.
Well, he and I went to La Poubelle, this restaurant on Franklin across from Celebrity Centre. We went there pretty often.
For lunch, dinner.
Dinner. I had a glass of wine. But it could have been two. And then I remember getting up to leave and I don't remember anything else until the next day.
Before going to the restaurant, did you have any alcohol or medications/
No, sir.
Were you sick at all?
No, sir.
Was it just the two of you at dinner?
Yes, sir.
And you ate dinner/
Yes, sir.
What happened when you came to?
It was probably early afternoon or maybe noon. I woke up and the first thing I remember was feeling very confused. And then I felt pain, physical pain.
Where did you wake up?
In bed. In our bed.
Were you dressed?
No.
Tell us about the pain you felt. I felt pain in the back of my head. I felt pain in my joints. I felt pain in my bottom.
Your anal area?
Yes, sir.
Was the defendant in the room when you woke up?
No, sir.
What did you do next?
I got out of bed and I noticed that my anal area was really painful and I was having a hard time walking. I walked to the bathroom and looked at myself and it was injured.
What was it that you saw that gave you the understanding you were injured.
It was torn, and there was some blood. And it didn't look normal.
Is this your anus?
Yes, sir.
Did you feel any pain vaginally?
I didn't notice, no.
What did you do?
I went downstairs to find him. Found him in his office, asked what happened the night before. I told him I was in a lot of pain. He started laughing and said he had sex with me there. I asked if I was unconscious the whole time, and he said yeah.
How did that make you feel?
In that moment, I just remember not saying much and walking away, and I think I got water and went back upstairs. I tried to go to the bathroom and I was in some pain. I remember going back downstairs because I was thinking what he just told me and what I was feeling and I said, that's not OK. And I told him I was going to report him to the ethics officer at the Church of Scientology and he said it was totally fine.
Was this something different for you in terms of how you felt the other times things happened?
What do you mean?
In other words, that he tells you, yes you were unconscious and I had sex with you there. Was that different?
Yes, sir.
Why is that.
Because he had sex with me there, and he knew that was not OK with me. (Obj speculation, court will allow it)
Had you ever told him it was not OK to have sex with you there.
Yes, sir, I told him, it was not speculation (angry). Sorry, that made me mad (apparently directed at Holley)
Mueller is asking if they ever tried anal sex and they did once and she said it was not for her and he knew that.
Mueller: The amount of wine you had at the restaurant, one or two glasses. Would you say the reaction you had, was that consistent with the amount of alcohol.
I've never had alcohol and just, I don't remember going home. That's never happened drinking alcohol, especially not just a glass of wine.
Did you ever have a reaction like that before?
No sir. Back then -- I don't drink now -- back then I could probably drink a bottle and a half and I'd at least remember. Maybe not everything I said but I'd remember the night.
What period of time was it from when you got the wine and drank it, and when you got up to leave.
Maybe an hour, something.
How did the wine come to you?
I don't remember. There would be times when the server would come, and there were times when he would go to the bar, because he knew everyone who worked there. I don't remember.'
Was there a time where you recall ever leaving the wine or going to the bathroom.
Not that I can say for certain. I don't know. But that would have been normal.
Did you in fact go to the church to report this?
Yes, sir.
Who did you go see?
The ethics officer. Her name was Miranda Scoggins.
When?
I feel like it was a day or two afterwards.
Why report there?
Because you have to, if you're a Scientologist. You have to go to the ethics officer.
(Holley objection, and Olmedo references her previous ruling about Scientology content.)
Was there a particular place you went to to see her?
The Hollywood Celebrity Centre.'
What were you going there to tell her?
That Mr. Masterson raped me.
Did you prepare a report or statement?
No, sir.
What happened when you saw her?
She told me you cannot rape someone you're in a relationship. She used the term "2D" for relationship. (Olmedo makes sure they get the spelling of this right.) It means "second dynamic."
Did you tell her that Masterson raped her?
I did.
You used that word?
I did.
And what did she say?
That you can't rape someone you're in a relationship with, and to not use that word. I told her I wanted to write him up in a Knowledge Report, which is something Scientologists do.
Did Miranda have you write anything?
She had me write a "Things That Should Not Be" report. I had never written one before. I think it's the same thing. I was asking her why I couldn't write a Knowledge Report because it would go into ethics folder, and Ethics could help him. But she said it would go into his preclear folder and be handled in session. But I knew he never went into session and he wouldn't get any help.
What did you put in the report.
The details of what happened.
The incident that happened in December?
Yes. And just generally what else happened.
So you told her about other incidents, including the one in November?
Yes, sir.
When you were writing this report, was Miranda there?
Yes, sir. She was helping me write it.
What does that mean?
You had to keep out all HE&R, human emotions and reactions, and she didn't want me to use the "r" word, rape.
She told you that?
Yes.
What's you're understanding of human emotion and reaction.
Basically, being a human being, instead of a steely eyed unfeeling Scientologist. You can't have any emotions or feeling, because if you do you've done something wrong (emotional), sorry I'm getting….
If they htink you've done something wrong, are their consequences.
she told me I'd done something to pull it in, and I was put on an ethics program that lasted all of January and into February.
That day she had me read some things from ethics books. She had me read that you cannot report another Scientologist to civil authorities, meaning the police. And that you couldn't report him because he was a celebrity. She showed me a policy about "Ethics Protection" about upstat persons, that if someone reports an upstat you're to yawn and investigate the person who reported them. And then she had me demonstrate what I'd been reading, and they have a bowl with like little marbles and chess pieces, so I could show I understood what I was reading...
JD3 is speaking very fast, at one point she says she was holding a pawn to represent Masterson and she was a pebble and she was showing that he had raped her and she got a pass on it.
She was speaking very loudly and emotionally and fast as she tried to convey how ridiculous the situation was, that Scientology was requiring her, in this ethics program, to demonstrate that she'd been raped by Masterson using small items to illustrate it. It's a powerful moment.
Judge Olmedo decides to break a little early for lunch.
After JD3 leaves the court...
Judge Olmedo reads from her ruling on Scientology content. That its not a violation of Masterson's First Amendment rights to describe Scientology evidence, which helps explain the delay in reporting. And that practices and beliefs are relevant to the victims' actions before and after the crimes.
Thus, Scientology practices and beliefs are relevant. So the definitions of terms in Scientology are permissible.
She now continues to read back more from her earlier ruling.
Judge Olmedo is reading this back after Holley's objections. Now she's laying into Mueller a bit, once again pointing out his habit of reading back previous answers in order to form a new question.
I'm asking you to be more aware of it. Every time you do that, you double the time it takes to get through the testimony. Also, that he's repeating a question in different ways just to make a point.
After lunch, at 1:30 they will take the verdict on the other case, and we'll return to this matter at 2:30 pm.
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Excruciating.
Scientology is an essential component to the abuse she suffered. I’m so glad the jury has a chance to understand the bigger picture.