JURY ASKS ANOTHER QUESTION: Danny Masterson Trial, Day 23, lunch break report
Morning session
10 am: The jury has a question.
Also, today's sartorial splendor report: Defense attorney Philip Cohen is wearing a lovely if understated ensemble today, with sky blue suit, brown vest, and yellow tie.
Judge Olmedo, in regards to Cohen's getup: "I don't think I've seen this combo before."
"I'm going pretty deep into the well," he replies.
Jury Question #2 at 9:20 am
Judge Olmedo: "Would it be possible to receive a transcript of [Jane Doe 1]'s testimony about the phone call with Masterson after she arrived in Florida."
Judge Olmedo said her response is that they could prepare to have the court reporter do a read-back in open court, but they could not have a copy of the transcript. She asks them to continue their deliberations while the read-back is prepared.
So now that everyone has come in to hear the question, we can see that attendees today include Bijou and Chynna Phillips, Billy Baldwin, Carol Masterson and her children Christopher, Alanna, and Jordan Masterson.
One of our readers quickly located the relevant testimony that the jury is asking about:
DIRECT:
Mueller: While in Florida, did you have some contact with Masterson?
JD1: Briefly.
Mueller: By phone?
JD1: Yes.
Mueller: What was that conversation.
JD1: I don't remember who called who, but it was a minute and a half I feel like.
Mueller: Do you recall what he was saying?
JD1: I asked him what happened. And he said, we had a good time. Call me when you get back. And I said no, no, no and hung up.
CROSS:
Cohen: Now you had a phone call with Masterson, did you tell him what happened.
JD1: I don't know if I called him or he called me, but I said what happened?
Cohen: Did you tell Reyes, you called him.
JD1: I assume that's what I told her.
Cohen: And you called Masterson and said what happened, according to Reyes.
JD1: Yes.
Cohen: And you asked him that because you didn't know what happened?
JD1: Half correct.
Cohen: You indicated, Masterson said, I take it you don't remember.
JD1: Yes. (Getting emotional.)
Cohen: You said no.
JD1: Yes.
Cohen: What did he say?
JD1: He said we had a good time. (Through tears.)
[Judge Olmedo calls for a short break]
Cohen: I want to go back to your recollection to Reyes in 2017, about
the phone call with Masterson when you're in Florida. You asked him
what happened. He said what do you mean. I take it you don't remember.
He said we had sex. Does that sound accurate.
JD1: Yes.
Cohen: When you make this phone call in Florida, according to what you said to Reyes, you don't know that you and Masterson had sex?
JD1: Yeah.
Cohen: And this was after all the flashes you talked about on the plane?
JD1: Correct.
Cohen: When Masterson said we had sex, you said what?
JD1: That's not how I said it.
Cohen: How did you say it.
JD1: What?
Cohen: OK, you said it with the tenor that you are surprised.
JD1: I am surprised.
Cohen: Because at this phone call, you don't know that you had sex.
JD1: Not true.
Cohen: Did you believe him when you said we had sex?
JD1: Yes.
Cohen: Because the next thing you said, according to Reyes, said no, no you're lying.
JD1: Again, not how I said it.
Cohen: How did you say it?
JD1: NO! NO! YOU'RE LYING! I didn't want it to be true. I couldn't believe it happened again. (More a sound of voice that she didn't want it to be
true than not believing him.) I needed it not to be true.
Cohen: Did you start crying with Reyes when you told her about this?
JD1: No.
Cohen: You spoke to Mueller about this interaction.
JD1: Yes.
Cohen: And that was tape recorded.
JD1: Yes.
Cohen: And you talked about the interaction we've talked about.
JD1: Yes.
Cohen: Did you cry when Mueller went through these things?
JD1: I cried in the interview with him multiple times. (emotional)
Cohen: At the time of this phone call with Masterson, were you covered in bruises at that point?
JD1: No.
Cohen: Did you tell Reyes that during this phone call with Masterson you had told him you were covered with bruises everywhere.
JD1: I told her I told him I saw bruising.
[End of transcript portion read to the jury.]
Cohen wants some related testimony included, but Judge Olmedo says the jury's request was very specific and so doesn't add what Cohen wants.
Bringing the jurors in. The court reporter reads it back.
The jurors go back, take a short break, and then get back to deliberating.
At 11:50, they ask for a lunch break.
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Will the JD’s be brought into the courtroom when the Jury reads the guilty verdict? Are they also waiting at the courthouse? Excuse my ignorance, I just imagine them waiting and I wish we could send them loving vibes.
Every time I read or re-read Cohen's questions I get more offended. It's the very idea that a victim of rape would feel exactly the same every time she's questioned. Were you crying this time, were you crying that time, were you shaking or not, did you say "yes" or "what," did you say "no" or "no no no," all of it just seems so abusive. (I know the argument is that he's just doing his job, and I can't help but have my opinion colored by years of watching SVU, where defense attorneys are always the enemy!)