JANE DOE 3 TAKES THE STAND: Danny Masterson Re-Trial, Day 5, end of day

Jurors coming in.

Cohen continuing: I wanted to talk a little bit about the rape trauma expert the prosecution is going to call. Her name is Dr. Ziv. I have never spoken to her, but I have a sense of what she's going to say.

She's going to say that everybody responds to trauma differently. Why is that important? Because I think you're going to hear about some specific conduct that she is going to try to explain away by saying people react differently.

Jane Doe 3. They break up some time in the spring of 2002. After that there are a number of incidents when they see each other at a party, and at one incident she goes back to his house, they start to fool around, she says she's not sure she wants to do this, and they go to sleep. And that's it.

There are other times when they had sex in Los Angeles.

She then moved to New York, and Masterson visits New York, and she invites him out with her and her friends. She then goes back to his hotel, on her own, and they have sex in his hotel room. She will tell you that on that occasion he took out a camera to take a picture, and she knew at that time they were through.

In 2010, she tells Cedric she still has a friendship with Danny.

That's one set of post-rape trauma that Dr. Ziv is going to talk about. The other one I suspect she's going to talk about is Jane Doe 2.

She calls him three or four days later, I really like you I thought you liked me, and over the next few years, she drunk-dialed him one night. She called him one time to ask him to set her up with a friend of his that she liked. And there are these multiple interactions all post- alleged rape and trauma.

So I suspect that Dr. Ziv is going to say, that is completely consistent, to keep having sex with your rapist, to want to fall in love with your rapist, to invite him to your hotel room, and this is all consistent with how a rape victim behaves, and if they do none of that, that's also consistent. That's what I suspect Dr. Ziv is going to say.

However they respond is consistent is being a rape victim (Obj. sustained, Cohen rewords it slightly.)

Also, Dr. Ziv is what's called a blind expert, one who does not review any reports, don't know any testimony, comes in here literally blind and opines on these various theories. And by the way you'll learn that an expert doesn't have to be blind. They can be shown reports. It wasn't done in this case.

Another thing I suspect Dr. Ziv is going to tell us, and it's important, that there are reasons why someone may make an allegation that are motivated by things other than truth.

Let's talk about Kathleen J. She was mentioned as a woman who says that Masterson had raped her in Toronto in 2000. A couple of real important things to know about Kathleen J.

Number one, you are going to hear that her story has changed significantly in just the last year, year and a half.

Number two, you are going to hear that she does not report to any law enforcement agency until she's heard about the allegations about Masterson. She doesn't go to Toronto PD until 2021.

You will then hear from her then-husband, Robert Altman, he is going to tell you a couple of things. He interviewed with Toronto PD, and there's a number of things that are critical that what he told them. One thing he tells them is I have an ironclad memory, incredible memory, doesn't forget anything. This is in 2021. He tells the Toronto PD his detailed breakdown of what he recalls and what Kathleen says, etc.

Jury selection started a week ago today. You heard Kathleen's name on the witness list. On Friday, three days ago, Kathleen called the DA's office and told them (Obj, sustained)

You are going to hear that Kathleen has just recently, now that her husband actually remembers seeing Masterson walk away with Kathleen at the party.

But he told the Toronto PD in 2021 that he had an ironclad memory, and he has no idea what Masterson looked like.

By the way, when you interview with Toronto PD, it's recorded. He said (Obj, sustained). And you're going to hear now, three days ago, he now specifically remembers Masterson's face.

When you hear from Dr. Ziv, you will hear that people are motivated to help others, in a movement. One thing you will help Kathleen say is she hopes it helps these ladies.

With respect to the toxicologist, just to refresh, there is not going to be any toxicology report, not any sample, no drugs found, no blood. I suspect what this toxicologist is going to do is give a broad opinion, I don't know anything about these women, I don't know anything about this case, here's the general concept.

So, you took an oath. One of the things you swore to is not to let any bias, any emotion, impact your determination. From my perspective you are on this jury because of that promise. This case, truly, from an informational standpoint, is a basic case. It comes down to, three nights, twenty plus years ago, no percipient witnesses, no forensics, with one piece of contemporaneous, tangible evidence.

Mr. Mueller had asked you, after hearing this evidence, to come back with three guilty verdicts. More importantly he asked you to pay attention to the testimony of the three Jane Does. Maybe the first thing we agree on here today -- I beg you, I beg you to pay attention to the testimony of the three Jane Does.

(Judge Olmedo asks him to refrain using "I" in his statement.)

Cohen: Please pay attention and use your judgment wisely. Thank you.

Judge Olmedo tells the people to call their first witness. She sends the jury out for a few minutes while we wait for the first witness to arrive.

Judge: Before we begin, ladies and gentlemen, we're going to go about fifteen more minutes today. Mr. Mueller, you can call your first witness.

Mueller: We call [Jane Doe 3].

She comes in, and Robert the clerk swears her in. She takes the witness stand. She spells her first name.

Mueller: Good afternoon.

JD3: Good afternoon.

Mueller: If I say something you don't understand please just let me know.

JD3: Yes sir.

Mueller: I want to know if you know someone named Daniel Masterson. Do you see him here today?

JD3: Yes sir. Right there, blue suit, dark blue tie.

Mueller: How do you know him?

JD3: We were in a relationship and lived together for about six years.

Mueller: When did that begin?

In 1996.

What were the circumstances of you first meeting him?

I first met him at a party that my agency threw. He crashed the party and walked up to me. I was a model back then, and my modeling agency was throwing a party.

And that was the first time you'd seen him?

Yes, sir.

Did he talk to you at the party?

Yes, sir.

What happened then?

He walked up to me and said 'I have a crush on you.' That's all I remember.

Did you know anything about him at that time?

No, sir.

When did you begin modeling?

I started when I was 14, going on 15. And I was 18 when this happened.

How did you feel about him coming up to you? (Obj by Holley, overruled)

I felt a little nervous about it. I just remember wanting to leave the party. I left early. I wanted to go home and call my mom. (Obj, sustained, last part stricken)

Was your mom living in Los Angeles too?

No, my family was in Alabama. I moved from Alabama to New York, and then when I was 17 I moved to Los Angeles.

When was the next time that you saw him?

The following weekend.

What were the circumstances?

My roommates were throwing a party and he came to our house for the party.

Did you know he was coming?

I thought he might be coming?

Why did he come to your house (Obj, sustained). What happened when he came? (Obj, overruled)

I remember I was in the corner with my friend and he came in with some friends and he approached me and started talking.

The two of you started dating?

Yes, sir.

And how soon after you first met him?

It was about two weeks after our first date.

You two moved in together?

It was about two weeks after our first date.

Where were you living at the time.

I was living with three or four other girls on Melrose, I rented a room.

What time were you living together?

In total? About six years.

In the first year, can you tell us about the relationship.

At the time I thought it was great. He was very charming.

Were you still modeling?

Yes, sir.

Was he working?

I believe the first year he booked his first regular role on a TV show. It was called Sybil.

Was there a point in time where things changed for you?

Yes, sir.

When did things change?

I feel like in 1997, after six months to a year.

How did things change?

He became different.

How so?

Very controlling. Insulting. Very aggressive, sexually.

Judge Olmedo stops them there for the day.

Then she says Shawn Holley has a question for the court.

Holley: Mueller said Jane Doe 3 would go first, her husband go next, followed by the other Jane Does. He let us know Friday that the order had changes. JD3, Cedric, then Ziv and Headley. After a conversation he agreed that Headley would go next week. Holley says she's going to be cross examining Jane Doe 3 and the experts, and she is concerned about the amount of time to prepare.

Judge Olmedo: OK, let me ask Mr. Mueller about the order. And the experts will remain on call if you need to call them back later for additional cross.

Mueller: JD3, then Ziv...

Judge: She said that. But my question is why. Not about strategy, but is it about the time they are available. Or this is the way you want to call them.

Mueller: With regard to Dr. Ziv that is a strategy decision, to go second.

Judge: And Ms. Headley?

Mueller: The same with her. Headley will go after JD3 and JD1.

Judge: I expect that the cross of JD3 will take a while, so it will probably take a while to get to Dr. Ziv, but I will order that she remain on call if you need to recall her for more cross later.

Holley: Since I will be cross-examining JD3, I will have no time to prepare for Dr. Ziv...

Judge: That's a work issue between the attorneys.

She orders the attorneys and Masterson to be back at 8:30 am.

---

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