After lunch session, Day 16 (Day 12 of testimony) Danny Masterson retrial
THE PEOPLE CALL DET. DEBORAH MYERS
Deputy DA Reinhold Mueller: What is your occupation?
Det. Myers: LAPD, Detective 3, Topanga Division
How long a peace officer
25 years
June 8, 2004, were you assigned to an investigation regarding an alleged incident reported by [Jane Doe 1].
I was.
Who was the subject of that investigation?
Daniel Masterson.
Did you become aware of a report taken by Ofc Schlegel two days before?
Yes.
Did you review that report during your investigation?
I did.
Did you determine if there were any documents attached.
Yes, there were some attached documents.
Was one of those a Knowledge Report?
Yes.
Did you review it?
Yes.
Was it written by JD1?
It was written by her.
How did you get those reports?
They had been placed in my inbox.
Did you also interview JD1?
I did.
This KR or Knowledge Report, how were you aware it was part of the Schlegel report?
It was attached to it, with a clip.
You wrote a separate report
I did.
Did you notice that in the Schlegel report that there were documents attachments.
I don't remember if there were (asks to read the report)
Is this the report by Schlegel?
No, those are items I wrote.
On this page...
That is Schlegel's report. In the report it does say see attached copy for the report she (JD1) prepared.
(Shows the KR on the screen)
May I look at it in its entirety?
What do you recognize that to be.
The KR report that JD1 said she had prepared.
And up here, it says addendum C
Yes, that's my handwriting.
Was that in June 2004?
Yes, when I was filing this for DA consideration.
What was the purpose of you conducting the second interview?
Well, the report was taken as an "injury report" which is not appropriate for an SA incident.
Did you reclassify it?
Yes, to a rape investigation.
Was there anything in the KR confusing?
YEs, there was some unique terminology that I understand is specific to Scientology.
How did you determine that?
I asked JD1 to explain them.
Did she provide meaning to that terminology?
She did.
(Mueller says he has no further questions but wants to approach on a matter before cross-examination begins.)
Judge Olmedo asks the jury to go into the jury room briefly.
Mueller is speaking with Det Myers at the witness stand.
Now they're bringing the jury back in. No idea what that was all about.
CROSS-EXAMINATION
Cohen: You said you are currently a detective 3.
Yes sir.
Is that supervisory?
Yes.
In 2004, what was your title.
Police Officer 2.
And you worked your way up the ladder based on your quality of work.
Yes.
Included in the work is report writing and interviewing.
Correct.
You said the case got re-classified as a rape case.
I made the phone call before that was changed.
Fair to say you don't know the accuracy of what she told you.
I'm confused by that.
You rely on the person for the information.
Correct.
You are not making a conclusion that it is true, you are saying this is what they told me.
Correct.
You spoke with her over the phone and then met with her in person.
Correct.
In your interviewer, are you using the techniques you've been trained to use.
Yes, sir.
Making a person comfortable, giving them time and space to give information, asking open-ended questions...
Yes, sir.
You now conduct this investigation with JD1 and it sounds like as you're talking to her, you reach the conclusion that this should be investigated as a sexual assault case.
Yes.
She gave you quite a bit of information.
Yes, sir.
You prepared a couple of documents.
Yes, sir.
One is called a "progress log." It lists out parts of conversation...
It's a running log of the investigation, so it would have that and more.
You also prepared a police report.
Yes sir.
Similarly that police report would contain a summary of your interview with JD1.
Yes, sir.
The report would contain the important and material things.
Yes
As to important and material, would a gun fit that?
Yes, sir.
She told you about an incident with Masterson in Sept 2002.
Yes.
And then separately an incident in April 2003.'
Correct.
With respect to Sept 2002, she told you she had been out with people in a bar that evening.
AS I recall it they went to a short film screening. I don't remember a bar. It may have been a theater that serves drinks.
Did she tell you that he had been hitting on her repeatedly and she was making it clear that she wasn't interested.
I believe so. That's consistent
Did she say the sex they had in Sept 2002 was consensual?
She did.
Did she say that his penis touched her anus?
Yes.
And did she say that as soon as that happened, he apologized. (Obj, sustained) When JD1 was talking about the Sept 2002 sex, she never told you that she woke up with him inside her?
She never said that.
Did JD1 tell you she felt awkward about it?
She did.
And that she didn't want people to know.
She did.
Did she tell you that before April that he had fallen on a rock?
Yes.
Did she say anything about Masterson saying anything about "karma"?
Not that I recall.
Regarding April 25, 2003, did JD1 say she was out earlier in clubs celebrating a birthday.
Yes.
Did she say anything about needing to go to Masterson's house for key.
Yes.
Did she say that she got her drink in the kitchen, and then went out to the jacuzzi?
Yes.
Did she ever say anything about being dragged through the house to the jacuzzi?
No.
Did she say that while she was in the jacuzzi she started to feel nauseous.
Yes.
(Going up the stairs)
I have written in my case notes that he "carried her."
(In her report, she wrote that Masterson had "helped" her go up the flight of stairs.)
Was your interview tape-recorded?
It was.
Did she tell you that she had taken a shower to clean up some vomit on her?
Yes
And then went from the shower to the bedroom and passed out.
Yes.
Did she ever say anything about calling her dad and leaving a voice mail through this incident?
She did not.
Did she describe any assaultive behavior in the shower?
No.
At any point during the interview, did she ever make any mention of her cousin Rachel?
No.
Did JD1 say that she had provided the Knowledge Report and signed it in December of 2003.
I had her sign it at my request.
She gives you a copy, you then ask her to sign it.
Yes.
And you did that to show that she was attesting to it.
It was her statement, right.
Did she tell you she submitted that report to the Church of Scientology in December 2003?
Did you contact her for additional questions?
Yes.
She did not get back to you.
Correct.
You indicate the case was referred, but not filed until 2020.
I can't say when it was filed because I wasn't a party to that.
If JD1 had mentioned to you the presence of a gun, is that something you would have included in your report.
Yes, sir.
Is there any mention of a gun?
No sir.
No further.
REDIRECT
Mueller: When you talked to JD1, what did she tell you with regard to having obtained this drink, vodka and fruit punch.
She did not see it being made, but that Danny Masterson had made it in the kitchen.
What did she tell you about it?
I think she suspected a date-rape type drug might have been put i n it
Why?
She had some symptoms in the hot tub that were extraordinary for her.
(She indicates that it can take several days to put together a report like this.)
In this instance, the case notes vs the report, which came first.
Case notes.
At some point did you learn about JD1 needing to get some keys?
No sir.
In the KR, did you recognize anything in there about JD1 needing to get keys? (Object sustained) Once she got carried upstairs, did she talk to you about what happened when she got up there? (Obj, sustained) Did you yourself review the KR at some point in your investigation?
I did.
When was that?
About 20 years ago.
RECROSS
Cohen: You said JD1 said she was potentially drugged.
Yes sir.
That was not her suspicion in April 25, 2003.
It was what she said in June 2004.
And did she indicate that she had had potentially two drinks early in the night? (Obj)
Nothing further
Det Myers is excused.
PEOPLE CALL KATHLEEN J
Deputy DA Ariel Anson: How are you feeling?
Kathleen J: A little nervous.
Are you a member of the Church of Scientology?
No.
Have you ever been a member?
No.
What is your occupation?
Film production accountant.
In 2000, was that the same job?
Assistant prop master.
What is that?
We manage all the props that an actor would touch.
In 2000, were you working on a film called Angel Eyes.
I was. In Toronto.
Were you living there?
I was.
In July 2000, was it wrapping up?
Yes, we wrapped.
Is there a party to celebrate?
Back then, before Covid, we would have a wrap party, for the crew.
Who would attend?
Actors, crew, office staff, and their wives and family.
Did you attend a wrap party for Angel Eyes?
I did.
Where?
Sutton Place Hotel, Toronto.
(Photo is shown) Asks her about it.
At that time it was a high end hotel.
Where in the hotel was the party?
We were on the ground floor in a ballroom.
Did you have dinner somewhere else?
We did.
Who is we?
My husband and two stepdaughters.
Still married today?
No.
His name is Rob Altman.
It is.
Did you have alcohol?
Two glasses of wine.
How did you feel?
Fine.
Intoxicated at all?
No.
Then you went to the wrap party.
Yes, from dinner to the wrap party.
How long were you there.
From 8 to another party at 12.
And in that period, did you have alcohol.
No, I had ordered one, but we were dancing and didn't get to drink it.
Do you leave the party?
Yes, my husband had come back in (from smoking) and had met people, and was invited up to a party. So we were invited to a different party.
At the same hotel?
It was.
Where was it?
Further up, on different floors. A private floor.
That evening, where were you supposed to spend the night.
We had a hotel room for the hotel.
Who went to the party with you?
My husband, stepdaughters and some others.
Who was this second party for?
It was for Dracula 2000 (Obj, sustained stricken)
Did you recognize anyone from this other party.
I only recognized Gerard Butler.
How many were there?
A lot. I would say 50, maybe more? It was dark. A lot of people standing around.
How big was the area?
It was a suite. Not like a hotel room.
While you were there, who were you with.
My husband and my two stepdaughters.
Did they remain with you the entire time?
No, my one stepdaughter didn't like it and wanted to go back to their room, and my other stepdaughter was socializing. And my husband was out on the balcony most of the night smoking and drinking.
While you're at this party, does someone offer you a drink?
Well, we ewer introduced to Gerard Butler and a bunch of people. They had offered us a drink but I don't drink beer so I said no thank you. And we mingled a little bit.
At some point later did you accept a drink from someone?
I did.
Where were you?
I was sitting on a couch.
Was your husband with you?
No, he was on the balcony, smoking.
Small couch?
It was a three-seater, tan color, off to the right.
You were sitting on a couch when you accepted a drink. There were two other people on the couch, and someone came and offered a drink and I took it.
Who was it.
I was introduced to that person but I didn't know who it was.
What kind of drink?
Vodka and orange juice.
Did you drink some of it.
I drank all of it. A rocks glass, small glass.
The person who handed it to you, after you were given it, where did they go.
Sat down beside me.
And stayed?
Yeah, we were talking.
Could you clearly see their face?
I could.
How close?
Right next to me.
Looking around the courtroom, do you see the person who handed you the drink?
Yes.
Can you describe where that person is sitting.
(Identifies Masterson, getting emotional)
As you were sitting speaking to the defendant, do you have some type of symptoms, or your feeling physically changes.
I started to feel al little light-headed. I was a little nauseous. So I went to the bathroom. My husband wasn't around.
Was your stepdaughter around?
No.
The person next to me showed me where the bathroom was. We went to the bathroom, I was a little unsteady on my feet. It kind of comes in and goes out. i remember opening a door and it wasn't bathroom, but I don't know how long it took to get there. I went into the room, I turned around to come out, and said, it's not the bathroom.
What kind of room.
A bedroom.
What did you do?
I turned around to come out. I didn't have a reason to be fearful. I turned around to come out and I was guided back in.
What do you mean by that?
I wasn't pushed, but I was backed into the room.
By whom?
Mr. Masterson.
Then what?
The next thing I remember was lying on my back on the bed and I wasn't able to get up. I couldn't use my motor skills, move my arms. I thought it was weird. the next thing I remember my nylons coming down, and then he was forcing himself into me.
Meaning what.
He was putting his penis into me.
Where into you.
In my vagina.
Was there anyone else in the room?
I had a feeling there was, but I didn't see anyone
Did you see him?
Yes, his face was over me.
Then what?
I blacked out. The next thing I remember, it was like I was a toy placed in the hall> I was carrying my shoes. I didn't know where I was, I was kind of just walking down the hall. I didn't know if the party was over or what, then another door opened in front of me, and one oof my stepdaughters came out.
You mentioned some symptoms you experienced. you said you couldn't move your extremities. Other things you were feeling?
Pain, from being entered.
Anything with your mouth?
It was a little numb. It was like I was speaking but nothing was coming out.
You have this last memory in the bedroom , then in the hallway. Then what.
I was shocked to see my stepdaughter. I asked her where she was, she said she got too drunk and passed out. She didn’t want to talk about it. I was feeling pain everyehwere.
Specifically?
My vagina area and anal area.
You made it back to your hotel rooms?
I saw my stepdaughter to her room, then went to my mine, my husband was sleeping, I got into bed.
Saw anything when you took off your clothes/
A bit of blood in my underwear.
What did you do when you saw that?
I threw them out.
What did you next?
I curled up, I was crying. When my husband woke up, it was 8 o'clock and he wanted to go to breakfast.
Did you tell him what happened?
No.
Why not.
I was embarrassed. I knew something had happened. I knew how. But I didn't know his name. And I was mad at him (the husband). He had left me there. He had been drunk the night before.
When you got home did you have a conversation?
No, I went right to bed. We didn't have a conversation for a while.
When did this conversation take place?
End of December 2000.
Where?
In our living room in Berry.
Was there something that caused you to have a reaction?
Yes, we were watching the movie Dracula 2000 because it was made in 2000.
(Photo of movie card, Dracula 2000. Kathleen has been crying a bit.)
This is an ad for Dracula 2000.
Is this the movie that caused a reaction?
Yes. We were watching it before the conversation.
What did you observe that caused a reaction
I saw Mr. Masterson's face in the movie.
(Photo of still from movie, Masterson on left in the frame. Kathleen identifies him.)
What was your reaction when you saw his face?
I burst out crying. I had what I know now is a panic attack... (Obj, sustained). Shortness of breath, tightness in my chest, shaky, and crying uncontrollably.
Did your husband react?
He did. Did you then inform him what happened to you on the night of the wrap party?
I did.
Since you told your husband about that, did you immediately report it to law enforcement?
No.
Why not?
I thought it was too late. And I didn't think there was any point. He was an actor, and I was nobody. And it was too late.
While you were still married, you had lots of conversations about that night?
No.
Why not?
I was too embarrassed to talk about it. After that one night I didn't bring it up again.
Did you think over the years about what happened to you?
I did, I tried to put it out of my mind for the longest time. But any time I would have down time, from work, is when the thoughts came back into my mind, so I did my best not to think about it.
In 2021, did you speak to your niece about a topic that's somewhat related this incident?
I did.
After that conversation what did you do?
It was about a week later, I had had some back injections. I was in a lot of pain, I couldn’t sleep. Friday about midnight, sitting up in bed. And I thougth I would Google Danny Masterson.
Did you do that with his name or some other information.
Just with his name.
Did you see that there were allegations made against him?
I did.
And specifically about rape?
Yes.
After seeing that, what actions did you take?
I felt relieved. And I had seen something, and then I tweeted to somebody that it had also happened to me.
Did you get a response?
I did.
Did you and this individual converse only over Twitter?
Yes.
Is the person's first name [Jane Doe 3's first name]?
Yes.
(shows her Twitter DMs.) Does that look accurate?
Yes.
When you were messaging, did you share the details of what happened to you?
No.
Did she share the details of what happened to her?
No.
What did she tell you to do?
She gave me the number for a detective here in LA. I don't think she realized I was in Toronto.
Did you reach out to a detective in Los Angeles?
I did. I didn't hear anything, then she realized where I was and she suggested I go to Toronto Police.
Did you?
I did.
And that was a video/audio interview?
yes.
Besides [JD3] have you spoken to any of the charged individuals in this case?
No.
(Shows photos of JD3)
Do you know who that is?
I do not.
(Shows photo of JD1 and cousin Rachel)
Do you know either of these individuals?
I do not.
(Shows photo fo JD2 and her mother)
Do you know either of these individuals?
No.
When you saw the headlines and articles when you Googled him, did you read the details of those allegations.?
No.
Why not?
I was shocked, and I don't think I wanted to know.
The symptoms at the hotel, were those symptoms consistent or inconsistent with the amount of alcohol you had?
Inconsistent. I've never felt dizzy after two glasses of wine, or nauseous. Unless it was bad wine, and then I wouldn’t drink it.
Are you a part of any civil lawsuit against the defendant?
No.
In terms of timing, how long after consuming the drink did you start experiencing the symptoms.
Not long, like maybe 15-20 minutes. But I wasn't looking at my watch.
Have you had vodka before that night?
Oh yes.
No further.
Judge Olmedo calls for afternoon break.
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WOWIE! Danny Masterson is an awful human being. But, we all know that already, that's why we all here! All these poor women are coming out of the woodwork!!! I'm just in shock at all the information we've learned this time around - good job Mueller and Anson!!! I'm keeping my fingers crossed that Danny is in jail soon and someone tosses away the key! I wonder how messy his hair is going to get in jail???
The bit about her daughter makes me so sad. It sounds like a lot of women at this party were targeted and probably by more than just Masterson. This world we live in is just so fucking horrible.