Jury rewatches video; evidentiary hearing on discovery leak set for May 31
Day 21 (Day 17 since testimony began, Day 3 of deliberations) at the Danny Masterson retrial
Confirmed this morning that the video the jury asked to rewatch was from the January 2017 interview of Jane Doe 3 by LAPD Det. Reyes in Austin.
Still not sure if it is the segment about the November 2001 incident, the December 2001 incident, or both.
And now the judge says that the jury didn't specify which, so they will be shown both segments.
SARTORIAL SPLENDOR ALERT: Defense attorney Philip Cohen apparently thought that it would be tough to follow the dark metallic purple number he wore on Wednesday. So today he's in an unremarkable navy three-piece suit you might see on any attorney. Deputy DA Anson remarks that it's unusual to see him in something so "normal."
In the Masterson section: Wife Bijou Phillips, mother Carol Masterson, sibs Alanna and Will Masterson, family friends Chris Wadhams and Graham Bruwer.
Judge: We are on the record. Judge Olmedo describes the request by the jury. She says they are going to play both segments, but if they've seen enough they can raise their hands.
Cohen: I was going to request clarification which one [of the two segments] they requested.
Judge: They just said "rewatch the interview."
Cohen: My request would be to see if they want to see both.
Judge: I think what we'll do is just play the clips, but if they get to the point they don't need to watch more they can raise their hands. Acceptable to both sides? (Yes.) I'm going to bring them out and explain what we're doing.
Jurors coming in.
Judge: So we're going to play the clips, there are two, of the interview with JD3 with Reyes and Viegas at Austin PD. You have the transcripts. If you get to a certain point and you've seen enough you can raise your hand and we'll stop it and you can go back into the jury room.
January 17, 2017, interview of Jane Doe 3 by LAPD Det. Esther Reyes in Austin.
The NOVEMBER 2001 incident...
"Are there any other domestic violence incidents. Tell me about the first time. It started about, I don't know exactly, but it was a good six months to a year that were great, I thought, wow, I hit the jackpot. This person is so sane and amazing. And he was sexually, he was very forceful and it always, in the beginning it made me feel a little uncomfortable. And then you just get used to it. Like he would grab me in front of his mom, like oh my gosh, he'd grab my breasts or put his hands down my pants right in front of his mom and she would laugh. And this became, this was normal... It kind of started like that, and I got used to it. And then, I don't know when but we were in our first apartment. He wanted sex all the time. Once a day? Yeah. More than once a day? Yeah, that first year. And I didn't want to, and he would get upset. And in our first apartment he wanted to have sex with me, and I had just got back from Paris. I was so tired, and he was trying to have sex with me and I was saying saying no. I was being firm, saying no. I was really proud of myself. He got really angry with me and spit on me. And I just remember him, the two things he said to me, first he said I was fat. I remember that because it's such a button of mine, especially modeling. And the other, he called me 'white trash.' He would always say that when he was angry with me. He kept fighting me on it, like he wanted to have sex and I didn't want to... When he spit on you, was it on your face? I think so. I don't know for sure. OK. He liked doing that. OK. And he pulled you by the hair out of the bedroom, where did he take you? Outside the bedroom there's a hallway and he dragged me into it and spit on me... Did he hit you? He only hit me once when I pulled his hair during another night of not wanting to have sex. How long after this incident was that one? A few years. Tell me, about that, what led up to, he wanted to have sex and you didn't want to have sex... He was on top of me and I pulled his hair. and he had a thing about his hair. So he was on top of you, were you on your back? I was on my back, I guess. I would always try to sneak into bed and pretend I was asleep... That time he got on top of me to wake me up and I said no, and he was being aggressive. What does that mean, aggressive? Was he clothed? He was naked... He was on top of you and he was trying to have sex with you? Mm-hmm. So he was trying to force himself into you. Mm-hmm. Was he erect? Mm-hmm. You said no, what did he say? Insults. Or he'd spit on me. So you pulled his hair to pull him off you, were you successful? What did he do? He hit me. I don't think it was a punch. On the face? On the face. Head or cheek? I don't remember. But somewhere on the face. Tell me another time there was some violence after that first time, and then this other time, in your house, correct? The first time stands out to me because it was the first time he was, first time he got really physical. And that time stands out to me because it was the first time he hit me. And that was shortly before the incident. OK, shortly before."
The DECEMBER 2001 incident...
"This time when he slapped you. Before the big one, the one we're going to talk about. In Between those two was there another time when he was violent with you, pulling hair or... There was one night we went out with this actress named Jennifer Esposito, I don't know if you know her. She'd just got married, I think she's been married twice, and one was to to Bradley Cooper, and then to another guy.. We went out to the Standard, in Hollywood, to have drinks, and when we was leaving there was paparazzi out there, and they were taking pictures of Jennifer, and Danny too. And he was yelling 'Show 'em your tits, show 'em your tits.' This was really common, but I was thinking don't do that, I'm holding your hand, stop doing that... After Danny wouldn't stop (the husband) turned around and beat him up, like they had a full fight. And this was before TMZ or anything, but the paparazzi fully filming it. There's tape out there of Danny getting his butt beat... My girlfriend was there and I asked her to take me home. And normally I would stay there and stand up for my man, and I wanted to walk away. When I got home he was furious that I had abandoned him. I said to him, you deserved it. That was, whoa, I was proud of myself because it was, I never spoke up for myself. It was the first time I said no, that's no OK. That night was bad. He spit on me and pulled my hair that night. He didn't hit me or anything, but it was a fight. He was upset that you left that night, and when he got back home... He took it all out on me... What was the physical part of it? He pulled my hair. Was Jennifer Esposito a Scientologist too? No, they did a movie together... they were just friends. But I never saw her around after that night....Let's go into the night you guys went out to...The night? It was a couple of nights later... I don't remember, but it was after October and into December. (Asking again about Esposito night) Was he drinking that night? He was drinking, but he drove, so I don't think he was drunk that night. Let's talk about that night. It's hard to talk about because I don't have memory. I just know, so, we went to La Poubelle, a restaurant across the street from Celebrity Centre on Franklin. We had dinner and I had a glass of wine, maybe two at the most. Was he drinking as well? Yeah, I think he had beer or something. I wasn't drunk. The last thing I remember is standing up to leave... The restaurant? Mm-hmm. Scientology is anti-drug, and he's very vocal about being anti-drugs... I never could understand or explain why I had no memory, until a friend told me (JD1's) story, and then I started thinking about it. I don't know why I don't have a memory. Was that the first time you lost memory? I would drink, but I never not had a memory... Two glasses of wine, was that a lot for you? No. I mean I don't drink now, but back then I could put down probably a bottle and a half and still remember most of the night. At dinner did you ever leave the table to go to the bathroom? Probably. So there was an opportunity for him to drug you. Yeah. So you left the restaurant, you have no memory. No memory, I don't remember getting in the car. What's your next memory? My next memory is waking up about noon the next day, in my bed. And then you felt confused? I felt confused and I felt pain... Where did you feel pain? In my rectum. And did you feel any other type of pain? Headaches? Arms, legs? Yeah, I felt the joints, my joints hurt. And I was having a hard time walking. Not that I couldn’t walk but it felt like something was wrong. Headaches? I'm not sure. Nausea? Yeah. OK, go on. I tried to go to the bathroom and I just remember my butt, my bottom, there was blood. Is that the first time you realized you were bleeding? Mm-hmm, and it was just like, pain. What happened? Why don't I remember? I was so disoriented. I was trying to steady myself and think, and then I went to the bathroom and I remember I got a mirror and I looked. It was, I was injured. So I put clothes on, went downstairs, and he was sitting in his office, sitting at his desk. What happened last night, I don't remember anything and I'm hurting and my butt is bleeding. He laughed and he said, I had sex with you last night. You had sex with me last night? And then my first question was, was I awake? No, you were passed out the whole time. You had anal sex with me while I was asleep? And he was laughing, like yeah."
Judge: All right, ladies and gentlemen, please just leave your transcripts on your seats. Please go back to the jury room...
(The 12 jurors and the 7 alternates go to separate rooms.)
The date of May 31 works best for everyone regarding the discovery issues, at 8:30 am. Holley can't make it, everyone else can. Cohen can represent the defense. (She tells Masterson he won't have to be there.)
Tells everyone to be available within a couple of blocks of the courtroom as we wait.
The Masterson family group files out.
Want to help?
You can support the Underground Bunker with a Paypal contribution to bunkerfund@tonyortega.org, an account administered by the Bunker’s attorney, Scott Pilutik. And by request, this is our Venmo link, and for Zelle, please use (tonyo94 AT gmail).
Thank you for reading today’s story here at Substack. For the full picture of what’s happening today in the world of Scientology, please join the conversation at tonyortega.org, where we’ve been reporting daily on David Miscavige’s cabal since 2012. There you’ll find additional stories, and our popular regular daily features:
Source Code: Actual things founder L. Ron Hubbard said on this date in history
Avast, Ye Mateys: Snapshots from Scientology’s years at sea
Overheard in the Freezone: Indie Hubbardism, one thought at a time
Past is Prologue: From this week in history at alt.religion.scientology
Random Howdy: Your daily dose of the Captain
Here’s the link for today’s post at tonyortega.org
And whatever you do, subscribe to this Substack so you get our breaking stories and daily features right to your email inbox every morning.
Paid subscribers get access to two special podcast series every week…
Up the Bridge: A weekly journey through Scientology’s actual “technology”
Group Therapy: Our round table of rowdy regulars on the week’s news