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JANE DOE 3 TAKES THE STAND: Danny Masterson Trial, Day 9, afternoon 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.]
After lunch session.
Total traffic jam at the ninth floor security section at the end of the lunch break. A couple of hundred people crammed into a small space trying to maintain a snaking line to the detectors.
Everyone was in it. The Mastersons, the defense lawyers, the prosecutors. Just crazy. A deputy told me they are running nine trials at the same time right now (not all on this floor, I don't think). But wow, they need to figure something else out.
As TX Lawyer pointed out in the comments, that Shaun Fabos was designated a "hostile" witness simply meant that Deputy DA Mueller could ask him leading, rather than open-ended questions.
I think it's important to keep in mind that they had Fabos on tape in 2017 (unknown to him, and the Jane Does were asked by the LAPD to make such calls) recording him recollecting what he told Jane Doe 1 in 2003. These included several things that tended to corroborate her story. But you may have noticed how hesitant he was, having to be led through it by Mueller and repeatedly shown the transcript. It was kind of painful to watch.
But truly the startling thing was this bizarre story that Fabos says he was approached by a defense PI in the hallway last week, was asked about Florida, and suddenly he remembered, for the first time in 18 years, that he was on the April 2003 Florida trip with JD1's family, and therefore he could testify that he didn't see bruising.
He was followed by Rachel, the cousin, he said that Fabos was on some family trips, but not that April 2003 vacation.
It was all highly suspicious, and not at all what we expected after Karen Goldstein said what she did last Friday afternoon, suggesting that Fabos had seen bruising.
OK, back on the record.
Continuation of cross-examination of Rachel, the cousin.
Cohen: You were still close with JD1 in 2003.
You were close to her in 2004
Close in 2005.
Are you aware that JD1 reported this incident to LAPD in June 2004?
At that time I was not aware.
In June or any time in 2004, JD1 never asked you to speak to LAPD about the Florida trip.
At that time, no.
2005 she never asked you?
2006 she never asked you.
The first time she asked you to speak to the LAPD was in 2017?
When was the last time you spoke to JD1?
This was on the phone.
On the phone.
She mentioned this case?
I just contacted her that I'd been contacted to testify.
Did she talk to you about this case?
Did you talk to someone in teh DA's office.
By phone, about a week ago.
When was the last time you spoike to the LAPD abou tthis?
2017 was the only time.
When you spoke to LAPD in 2017, you told them, everything that you could recall about JD1.
Have you spoken to anyone at the DA's office about the substance?
So the only interview you have given about this was to a detective one time in 2017.
I believe so.
Did you make any mention to him of these red dots across JD1's neck?
I don't recall saying red dots.
Would it refresh your recollection to see the transcript? This was after you had spoken to JD1 on multiple occasions. Does it refresh your recollection that you made any mention to Vargas that you made red dots on the neck?
Would you point to the section?
The one with red dots.
It's not there. I'm just trying to get a definitive answer from you that you did not mention red dots.
In 2003, you indicated that JD1 spoke with you to some extent about interaction with the person you ID'd as the defendant.
And she gave you some information about what happened?
Did it appear that she was speaking freely with you? (Obj, sustained)
Cohen: Did JB make any mention to you that she had had consensual sex in Sept 2002?
Not during this Florida trip.
Did she mention some other time?
Years later. Not exactly sure when.
When you spoke to JD1 in April 2003 in Florida, did she tell you that her interaction with Masterson the day earlier resulted in her waking up in his bed in his house at 3 in the afternoon with Mr. Masterson laying next to him? (Compound) Did she tell you that she woke up in his bed at 3 pm?
She wasn't specific timing and where.
Did she tell you when she woke up Masterson was laying next to her.
She didn't say that.
Did she tell you that when she woke up she asked him waht happened?
I can't tell if it was then or later.
What she told Vargas was she called him in Florida.
She called him after the fact.
So my question is when she woke up she was next to him?
She didn't tell me that. She told me she called him later.
So the only thing you know is what she told you.
You're assuming that she was truthful.
Did JD1 ever tell you that when she woke up that Masterson indicated to her that they had sex?
At any point, from April '03 to today, has JD1 ever told you that when she woke up, at 3 pm, Masterson was laying in bed next to her.
Do you remember what JD1 did tell you in Florida about her contact with Masterson, post-sex.
That she contacted him to ask him.
Do you remember what she said, generally?
In that phone call She asked Masterson what happened and Masterson responds I hurt you?
Do you remember what she told you about that phone call?
I don't remember if she contacted him the next day. I just remember she said she had called him to ask him what happened.
What you told Vargas is that she called to ask what happened, and he played if off like what do you mean? Is that what she told you.
Not in her own words.
Are these the words you gave Vargas?
(Rachel getting a little emotional here, Cohen being a bit forceful.)
Was your conversation with JD1 fresh in your mind in 2017?
Is it fresh now?
Not now. We haven't spoken about the case frequently.
Did she ever have tell you about consensual sex?
She said she had sex with him at some point before the Apr 2003.
Was that in 2003 she told you?
No. Later. To clarify, she didn't say "consensual," she just said sexual relations.
Did JD1 ever tell you that the LAPD told her not to have contact with witnesses? (Obj, sustained)
Cohen: Nothing further.
Anson: When you were in Florida with JD1 and she was describing the night before. What level of detail?
Not in extreme detail.
You've had numerous conversationsw ith her over the eyears. Were they all about this case?
When they were about this case. How many were about details of what happened in Florida.
And of those few, were some of them about retrieving photographs?
(Two photos were from the same roll of film.)
Did you take a lot of photos on that trip?
Were you contacted to retrieve them or to reprint them? WEre they in your possession?
Not in my possession. Someplace else.
Did you go there and find them in storage?
Were all of the photos from that trip there?
There were missing photos.
The two that were entered as exhibits?
After you learned they were missing, what happened next.
It was strange, out of a batch that two weren't there.
Were you able to make reprints of those two?
Yes, because I had the film.
And did you then provide those two to law enforcement.
So it is fair to say that some of these conversations were about retrieving and printing these photos?
Did JD1 ever tell you what to say to Det Vargas?
No further questions.
Cohen: You had a camera in Florida.
You still have those negatives.
From those negatives you could print whatever you want.
Did JD1 ever tell you that there were certain pohtos that were so graphic or visual with bruising that they had shocked her parents.
She might have said that, not to me.
Did she ever say the photos that shocked her parents were not those to but others you had?
She never told me that.
Did she ever say to you, I really need those "shocking" photos.
I can't say she ever used that word.
With you. You don't know whwat word she used with everyone else.
So from her request, you print those two photos. And those two photos you printed, based on your discussion... (retrieves blowups).
Correct, she asked me to provide any photos with bruising in a bathing suit.
These are the ONLY two you had.
Anson: Just to confirm that you provided the only photos to law enforcement.
Those were the only photos that showed her body so you could see bruising.
PROSECUTION CALLS JANE DOE 3
Jane Doe 3 is sworn in.
Mueller: I want to know if you know someone named Daniel Masterson.
(Emotional) Yes sir.
Can you point to the person and tell us what he's wearing?
Blue shirt, grey suit.
Tell us how you know Mr. Masterson.
He and I were in a relationship and lived together for six years.
How did you first meet?
I first met him at a party.
What type of a party was that?
My agency was throwing a party and he and his friends crashed the party.
It was a modeling agency.
Were you modeling at that time?
What month and year was it.
I think it was the end of September, 1996.
How long had you been modeling?
How old were you when you started?
Fourteen, going on fifteen.
Here in LA?
In New York City.
Is that where you're from?
I'm from Alabama.
What brought you to Los Angeles.
I'd always wanted to come to Los Angeles.
Did your career, did that take you to Los Angeles?
No, but I continued my career here.
So in 1996, you had a particular agency. What was the purpose of the celebration?
I had booked a pretty big job. A Revlon contract.
How was it a big job?
To get a cosmetics contract as an unknown was pretty unheard of. And it was a supermodel. It was really exciting.
Were you contracted to work with any particuular model?
Masterson showed up.
He came up to me and said I have a crush on you. That's what I remember him saying.
How old were you?
Just turned 18.
When he approached you, did you know who he was?
Had you ever heard of him?
Did he tell you?
I'm sure he introduced himself.
Did he tell you he was an actor?
I don't remember.
So when he told you he had a crush on how, how did you react?
It was a little, I just remember feeling a little nervous.
I'm not sure.
How long had you been in Los Angeles?
I moved here when I was 17. I would say maybe nine or ten months maybe.
When you moved here did you have a family member?
I came alone.
So how were you feeling at that time, just 18, being away from your parents?
It was exciting.
What happened after he said I have a crush on you?
I remember I lived with three girls and they were having a party at our house the following weekend, and I believe he was invited.
Did he ask you out on a date, give you contact info?
No, I rememeber leaving early because I wwanted to tell my mom about the job. So my roommate and I went back to our house.
So you didn't exchange numbers with Masterson?
I believe so. I feel like my roommate or maybe I did invited him to the party the next weekend.
That party was where?
The house where I lived with the other girls.
And what happened when he showed up?
He asked me on a date the following day.
Was there a dating relationship that then began?
He showed up the following day and I remember hiding in my roommate's room for two hours while he waited. I didn't want to go. I hid for two hours. My roommates were saying I think he's a good day, he waited for two hours.
So you agreed to a date?
So then when did you start to live together.
It was about two weeks after that, after our first date.
When you first started living together where was that?
In Laurel Canyon. He shared a home with his mother and his siblings. His sister was 5 and his brother was 7 and his 16 year old brother. But Mom was in Clearwater, Florida doing her auditing.
Why did you agree to live with him?
A big part of me felt really bad for his little sister and brother, because they were alone and the mom was gone for months. And his little sister, they were being raised by these young guys in their 20s. And her nanny, who was Mr. Masterson's frined put out a cigarette on her little hand. (Obj, stricken.)
Was he working as an actor at that time?
And you were still modeling at that time?
How would you describe your relationship at first?
It was good. I believed he was very charming and I fell for him. It was good the first year.
How was your career at that point.
The first year it was pretty good. I was getting booked on jobs in magazines in New York. A trip to Paris. I was still working and it was fine.
Do you recognize the five photographs?
The one in the center, are you in that?
Yes, top left.
The other four...
Those were just magazine editorials.
Are those you?
How did Mr. Masterson feel about you traveling for your modeling career.
In the beginning I didn't think it was a problem, but as we ended up leaving the house and got an apartment, and he wanted me to stay home.
Did he say anything to you that he wanted you to stay home?
Yes. That more of a traditional relationship, and his religioun discusses this and a woman's role should be at home, and that wasn't unusual for me because I'm from Alabama, the youngest of five, and all of the girls got married to their first boyfirends and started having kids.
So he wanted you to stop modeling?
And how did you feel about it?
I was OK with it.
You mentioned his religion.
The Church of Scientology.
Were you familiar with it?
Had you heard of it?
Did he say anything about you becoming a member?
When was that.
I think it was early 1997. After five months. He made it very clear that I must become a Scientologist.
And how did he make it clear.
He told me.
Do you recall his words.
He said in order to remain in this relationship I needed to start doing courses. Taht I was a Potential Trouble Source.
Did he explain what Scientology was to you?
What was your reaction to him saying you had to become a member.
He had been saying it from the beginning. He said I could remain a Christian. That was not true. (Objection. Ask your next question)
So did you start to become a member?
How long did that start after you started seeing him?
I would say early 1997, so I would say four or five months.
None of your family members had been Scientologists.
What about some of your friends.
I never met a Scientologist before him, that I know of.
When you became a member, did that have an effect on the people you knew before, family friends?
Yes, sir. I was told my parents were suppressive people. And I disconnected from my family. And my friends, he didn't like any of my friends that I had. And my friends became Scientologists, the group he was in.
So why did you have to disconnect (ask another question).
Mueller: So did your support structure change?
My entire life became him and his crazy family and the church.
How did you feel about that?
(Asks the jury to go into the jury room.)
Jane Doe 3 goes out too.
Olmedo: Mr. Mueller, this was in a six year relationship, but we're not going to take court time to cover the entire six years.
Mueller: The Defense has made araugments that JD3 was a freeloader, that she was just there...
Olmedo: If they bring up stuff on cross, I will certainly give you room on redirect. And I certainly understand that you need to provide background for her reaction to the incident. But I'm going to ask you to get more direct to the incident. I am allowing some leewqy about Scientology in regards to being declared. I will give you leeway, but her disconnecting from her parents and taking courses is getting too much into that now.
Cohen: The only mention of JD3 this whole trial was in opening statement. No freeloader or anything like that came out of my mouth. For the People to continue to conflate what some other lawyer said at some other proceedig and that...
Olmedo: I don't think he meant you.
Cohen: But this is the trial. This is the trial.
Olmedo: Well, I want you both to remain tightly on the matter at hand.
She asks for Jane Doe 3 to come back.
Continuing direct of Jane Doe 3.
Mueller: At some point did your relationship with him change?
Yes sir, he changed.
About when did that begin?
When we moved into this apartment. I'd say maybe about a year into the relationship.
How did it change?
He became very aggressive sexually. I recall some physical abuse and the emotional abuse was, mental.
You said he became aggressive sexually. Can you explain that?
Yeah. (Emotional). I remember coming back from Paris and I was really tired and jet lagged and I had been sick. And he wanted to have sex. And I didn't. And it resulted in a fight where he dragged me by the hair across our bedroom floor. He called me fat. And like other insults. I remember that one, because...
Let me stop you. Was that the first, or where there others.
That's the first I remember.
Was he asking you to have sex at that time?
That's what prompted the fight?
What do you mean fight?
He wasn't listening to me when I said no. And I had said something very mean to him, too. It began verbal, but then he dragged me, and threw me into this little hallway and locked the door, and I was naked. And his brother was sleepig in the room next to us. I remember rrunning back to the bathroom and grabbing a towerl.
Did this begin in bed?
Was Mr. Masterson naked?
I believe so.
At that time was he engaging in sex with you when the fight began?
Was there penetration?
Where was he penetrating you?
What part of him was penetrating your vagina?
And when was this in relation to the fight.
It was before the fight.
When you say with this fight, was there more physical than dragging you by the hair?
No, he didn't hit me or anything like that. But he had never done anything like that before.
Since that incident have there been other incidents like that moving forward?
Moving forward, yes sir.
How frequently did that occur?
In general over the course of our relationship, it was a problem.
Well, you would tell you no and it would lead to a fight.
I feel like it became pretty regular. And most of the time I just let it happen because if I made it an issue, he would like ignore me for a day or two after to the point I would go groveling to him just to...
Let me ask you, these times, when did you feel you needed to apologize to him?
Because if I didn't it there would be no communication. He would not talk to me. The people around him, it would be really uncomfortable, and I would feel like it was my fault.
He was always right and I was...
What gave you that understanding.
The way he acted.
During these times, were these times when he would want him to have sex and you would tell him no and have sex anyway?
Yes, that happened.
How often, generally?
Towards the end pretty much every time. It happened, you just don't say no to him.
But you did though, right?
And when you told him no, were there times when he would listen and say, ok, we won't have sex?
Not that I can recall.
And then you would just let him.
Except for towards the end of our relationship.
Toward the end of your relationship, did you recall what month, year?
Where I told him no and fought back.
I remember November 2001.
Olmedo: And we'll take our recess now.
Jury goes out.
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