LAPD DET. REYES ON THE STAND: Danny Masterson Trial, Day 14, morning 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.]

Early morning session.

Once again, all three Phillips sisters are here early and in the front row: Bijou, Chynna, and Mackenzie.

They're joined by mom Carol Masterson and Danny's siblings Christopher, Jordan, and Alanna.

Once again we're waiting for a late juror before we can get started. (Same one who has been late multiple times.)

Judge Olmedo asks the People who will be the next witness, and I believe I heard Ms. Anson say, "Reyes." That was our guess.

OK, jury in.

Ariel Anson goes to get the next witness. Mueller confirms that it's Esther Reyes. She's sworn in.

She spells her name as Esther Myape. (She has a new married name.)

The attorneys call for a sidebar.

Judge Olmedo: Det Vargas is also present in the courtroom.

Mueller begins questioning of Det. Myape.

Mueller: Can you tell us your occupation?

I'm a detective 2 for LAPD/Robbery-Homicide

How long have you been a peace officer?

29 years.

And were you assigned a case of three women named [names]?

Yes.

Do you recall when?

Dec 14, 2016.

Who was the suspect of that investigation?

Daniel Masterson.

And once you became assigned, were you the lead investigator?

Yes.

Did you have a partner?

Yes. Det Isabel Villegas.

In 2016, was your assignment different.

It was a little different.

How so.

I was in the special assault division.

How long had you been in that?

Four years.

What was the focus of that?

High profile rape cases, serial rape cases.

Were you aware of a prior report of rape from April 25, 2004 (actually 2003).

Yes.

And that was the alleged victim Jane Doe 1?

Correct.

Prior to that had you conducted interviews with her?

No.

So what were the circumstances that initiated the investigation in 2016?

There had been a report made in Austin that was then submitted to the West Bureau Sexual Assault and they gave it to us because it was high profile, an actor involved. So we assumed it.

So as part of your investigation, you got to learn about the report in Austin.

Correct.

And this involved Jane Doe 3.

Yes.

And did that involve an alleged sexual assault by Masterson?

Yes.

What did you begin to do, just generally.

I then proceed to call the victims and set up interviews with them.

The victim being Jane Doe 3.

Correct.

And you did that.

Correct.

Were you already aware of a prior report by JD1 at that time?

When I spoke with JD3?

Before. Once you received this report from Austin, were you aware of a prior report?

I can't remember when I first found out about JD1's report.

So it could have been at that time or later.

That's correct.

So you interviewed JD3, did you also interview JD1?

Yes.

And also JD2?

Yes.

How did you become aware of an alleged incident with JD2?

JD3 told me.

And she told you what? That there might be another person out there?

That's correct.

Do you recall your interview with JD1?

Yes.

And again she's the one who made a previous report.

That's correct.

Where did that take place?

At her home.

Was she the first one you interviewed?

I intervieweed JD3, then JD1, then JD2. (She said JD2's full name. Judge Olmedo has it stricken, and Mueller explains to her about what partial names they are using.)

Where did JD3's interview take place?

At the Austin PD.

Did you do that alone?

My partner was with me.

And at the Austin PD, that interview was memorialized?

That is correct.

Was it audio recorded or video recorded?

It was audio recorded.

Do you remember when?

Dec 17, 2016.

Are you sure of that date, or do you need to look at something to refresh your memory.

No, I think it was January 17.

So January 17, what year?

2017.

When you first met JD3 for this interview. Did you happen to observe her demeanor or how she appeared.

She appeared a little timid. Hesitant to share details, as if she were...

(Just asking for appearance.)

Just very shy.

Did she say she might have a panic attack?

I don't, but that sounds familiar.

If I were to show you a transcript, would that refresh your recollection?

Yes.

What did she tell you?

She told me she was going to have a panic attack.

And did you spend time with her before questioning to put her at ease?

Yes.

And what did you do.

I told her a little about myself, that these are the only kind of cases I worked. That I'd been a detective a long time. Just trying to make her trust me and put her at ease.

And did you inquire about her background to help put her at ease?

Yes.

And did she do that?

Yes.

Do you recall what kind of background she gave you?

She left home at a very young age. I think 15. And she came to LA... (Obj, sustained) Did she tell you any reasons she came to LA? (Obj, sustained) Did she tell you what she was doing here in LA? (Obj, sustained, move on to another area.) Did you ask her about how it is that she first met Mr. Masterson?

Yes.

What did she tell you?

She said she was hired by Elite Modeling Agency and had received a job from Revlon, and she was 17 and they were throwing her a party, and she met Masterson.

Did she say what Masterson had first said or done?

She said that he flirted with her.

Did you ask her about, after first meeting him, whether they saw each other afterwards.

Yes.

What did she say? (Obj. Judge Olmedo calls for sidebar.)

Mueller continues: So did at some point in the interview, did you inquire of JD3 of the nature of her relationship with Masterson?

Yes.

And did she tell you what the nature of that relationship?

She said they moved in together after the party and that it was tumultuous.

Was that a word she used?

That was my understanding.

What did she tell you to

He would demand sex everyday and physically abuse her and yell at her if she didn't want to have sex with him.

Did she tell you in what way he was abusuing her?

Yes, on one occasion that she was lying on the bed naked and he was lying on top of her and she said she didn't want to have sex and he proceeded to have sex with her.

And what other incidents of physical abuse?

Pulled her hair. Verbal abuse. And then one night they went to dinner and when she had wine...

Let me stop you there. We'll get into that. (Asks her more about abuse, she asks to review her report.)

[Cohen asks to approach to see which report Myape is looking at. March 21, 2017 is the date, I think. She has finished looking at the report.]

Myape: He spit on her as well as pulled her hair, and was just very abusive.

Mueller: Did she tell you how long she had this relationship? When did it start.

1995.

When did it end?

2002.

And in the course of that time period, did she tell you when the abuses first began, roughly?

Roughly, within the first year.

And what did she tell you about the relationship before that?

I don't recall.

Was that something in your report?

No, I didn't note that. It's probably in the recording.

After she had incicated some of the abuses, did you ask her about any specific incidents of sexual assault?

Yes.

What did you ask her?

I asked if he had ever sexaully assaulted her.

What did she say?

She said yes.

Did you ask her if it was more than once?

Yes.

How many times did she say she was sexually assaulted?

It was, what she described was that he constantly wanted sex every day and would verbally abuse her if she didn't. So she gave in in order to avoid the pulling hair and spitting.

Verbal abuse, did she say what he would say?

I don't recall exactly what it was.

Was that in your report?

No.

Does "White trash" sound familiar?

Yes.

Was that something she told you?

Yes.

Did she at some point talk about an incident after she returned from a modeling job in Paris?

I don't recall that incident.

Is that something in your report?

No.

If I show you a transcript, see if this refreshes your recollection. [While she's looking, Cohen comes up to stand by Mueller and to watch her. Odd. He goes back.] Does that help?

Yes.

So what did she tell you about coming back from Paris?

She came home. She was tired. He wanted to have sex, she didn't. She said no. She said she was proud of herself for standing up to him. And he pulled her hair, slapped her, pulling her out of the room. Verbally abusing her.

And she said he spit on her as well?

Yes.

And when she said the spitting was rare?

No, it was common.

Did she say where he would spit on her, what part of the body?

No.

Did she say it would be on her face?

Yes.

Did she talk about an incident that occured in Nov 2001?

She did indicate that an incident happened in 2001?

And what was that.

She and Masterson went to dinner. She had a couple of glasses of wine, they came home, but she doesn't remember getting home. She woke up and went to the bathroom and found that her anus was bleeding and her whole body was in pain. She asked him if he had anal sex with her and he laughed and said yes.

Do you recall that being in December 2001?

I only recall that it was in 2001.

Did she tell you what she saw on her anus?

Blood.

Did she tell you what she did after that?

I don't recall.

Did she talk to you about what she might have reported that to?

Oh, she might have reported it to Brie Shaffer, but she eventually reported it to the church.

Who at the church?

Miranda Scoggins.

Did she tell you about any instructions she may have gotten from Miranda?

Yes, Miranda Scoggins told her that she had 'pulled it in,' a term in Scientology that it was her fault.

That's what JD3 told you, right?

Yes.

Were you aware that JD3 had been an ex-Scientologist?

Yes.

And that she was a Scientologist at the time of the incident?

Yes.

Did she express any concerns to you about now being there reporting what had happened, to law enforcement?

Yes. She told me that in Scientology you cannot say anything derogatory or negative about another member, especially one they would call an upstat member, a celebrity, and if you did, you would be declared a suppressive person, and then you'd be declared and you'd be Fair Game to other members... (Obj, overruled.)

Did she express concerns about that, now that she was reporting to you?

Absolutely.

Did you follow up with her about other times where sex might have been forced?

I'm sure I did, she said numerous times that she was accosted by him to have sex with her.

Did she use the word accosted?

My description.

What do you recall her saying.

Her describing times when he would push himself on her, force her, despite her not wanting to have sex. She would tell him no and he would continue.

Was there discussion about her having to fight Masterson off her?

Yes. It was another time when he wanted to have sex and she got into a fight with him.

Did she tell you, was it a verbal fight?

Verbal at first, and then an actual physical fight.

Did you ask about that time?

Yes. She told me that he slapped her.

Did you focus on one of those times, did you have her tell you when that happened. What were the circumstances.

I'm sure I did.

Well, how is it that you're sure?

I do have a recollection, but I don't remember some of those specifics.

What do you rememeber?

That they got into a verbal altercation and he slapped her on the face.

Was this while he was penetrating her?

I don't recall.

You don't recall asking that?

I don't recall asking that.

So is it fair to say there were things JD3 was telling you about but you didn't inquire if it was part of the sexual act.

It surely could have been, I just don't remember that now.

Do you recall, during the interview, you saying to JD3, "so there were times when you let him, you gave in to him, and there were other times when you said no, and he was aggressive, and that's when you let him."

Yes.

Did you ask "how many times were there times when you said no," and she said "all the time."

Yes.

And did you explore that a little bit?

I'm sure I did.

Why do you say that.

Because it was an interview of several hours and that would be my next question.

If showed you a section, would that refresh your recollection if there was followup?

Yes. (shows the document)

So if you followed up is there one incident remember?

She told me that it was all the time, and that he wouuld force himself on top of her and she woulud say no, and he would stay on top of her until she gave in. If she didn't, he would give her the silent treatment, punishing her. And beside the spitting and other abuse, he would make her apologize to him, making her get down on her hands and knees. She said that happened several times.

Did you ask her about whether there was penetration going on while that was going on?

I'm sure I did.

Do you recall that specifically?

Yes, I do.

What did you ask her?

I asked her if there was penetration during some of hte abuse.

What did she say?

She said yes.

So you recall that some of those times when she was fighting him off, there was penetration?

That's correct.

Did she tell you about another incident where something happened where previously there was an incident with Jennifer Esposito?

I do recall a Jennifer Esposito, but I don't recall the details about that.

Do you recall not necessarily the details, but what she told you later when she got home after that incident?

No.

(Shows her a document to refresh her recollection.)

So after coming home from this incident with Jennifer Esposito, did she tell what happened?

She said he was furious with her. And he spit on her and pulled her hair.

We touched on this incident in 2001 when she went to dinner.

Yes.

Did she tell you about her alcohol consumption?

She said she had one or mabye two glasses of wine.

Did she tell you about any alcohol before going to the restaurant.

I don't recall that she was drinking before.

And what did she tell you she recalled what happened after drinking.

She didn't remember clearly, how she got home.

Did she tell you the last thing she remembered?

It could have been going to bed.

I don't want you guessing. Is that something you remember her telling you?

That could have been what she said. I just remember her saying she woke up and her anus was bleeding.

Did she tell you that she remebers leaving her wine sitting.

No, I don't recall.

(He shows her the document.) Did you ask her if she ever left her wine?

Yes.

What did she say?

She could have.

And her last recollection at the restaurant.

She told me she didn't remember leaving the restaurant.

Did she say that, or the last thing she remembered was standing up to leave.

I think I asked her if she remembers leaving and she did not.

Other than wake up and feeling the anal pain and seeing the blood.

I asked her if she had headaches, and she wasn't sure. She was feeling nausea and pain in her joints, and she could barely stand up or walk.

Did you ask her about, other than Scientology, other people she might have reported to?

Yes. She said she spoke with JD1 and JD2.

And when did she say that happened?

During the interview.

No, did she tell you when she had spoken to them.

It was before I interviewed her.

And did she tell you who else she told?

Yes.

Was one of those people her husband?

Yes.

Cedric?

Yes.

Did she tell you what she told him?

She told him that she was sexually assaulted, repeatedly abused.

After reporting to Scientology did you ask her about the relationship with Masterson, what that was like?

Yes, and she said that she wanted to break up with him, and that she was still a member of the church. And she was just trying to think of ways to break up with him.

Did she tell you that she did break up with him?

Yes, she did, in 2002.

Did she talk to you about subsequent contacts with him?

Yes.

Do you recall those?

Yes.

How many do you remember?

I know she emailed him.

I'm talking about seeing him.

I'm not exactly sure how many.

Did she tell you about moving from LA to New York?

Yes.

Did she tell you about any contact with him in New York?

Yes.

Do you recall what she said?

I remember there was an incident but I don't remember the details.

Do you remember any contact that she had with Masterson here in LA after the breakup?

I would have to look at the transcripts.

I want to move on to JD1. At some point you interviewed her.

That's correct.

And that was after JD3?

That's correct.

Where did that take place?

At her home.

With a partner?

I did. Det Isabel Villegas.

Did you talk about an incident that took place on Apr 25, 2003?

Yes.

Did you talk about what had transpired the day before?

Yes.

What do you recall?

Can I look at my report? (She looks through document, a follow-up report she calls it.) I didn't log that in my report so I woudl have to look at the transcripts.

Do you recall her going to a birthday party at the Electric Lotus?

Yes, I do. On the 24th.

Do you recall what she said she had to drink.

Yeah, she said she had several drinks.

You sure of that?

(checks the document again) OK, I documented that she didn't have her first drink until she reached Masterson's home.

What did she tell you about why she was going there?

It was a party and there were others there from Scientology, and people at the Electric Lotus went there as well.

But why did she specifically need to go there?

I don't recall.

What did she tell you happen when she got there?

She was outside and Mr. Masterson handed her a beverage?

Did she desccribe it?

An alcoholic beverage.

Did she give you any other details.

I believe she said it tasted like fruit punch and alcohol.

And she drank it?

Yes.

Did she talk to you about how she was feeling after drinking it?

Yes. May I refer to my report? (Checks.) After she drank it, he threw her in the jacuzzi, and when she got out she felt dizzy like she was going to throw up.

Did she tell you whether she wanted to go in?

Yes. She did not want to go in and he threw her in fully dressed.

Were there other people in it?

One other girl in the jacuzzi and another Scientologist named Luke Watson.

What transpired after she got out.

She felt she was going to throw up.

And what did she tell you happened?

She said Mr. Masterson carried her upstairs to his bedroom.

And what happened before he took her to the bedroom?

Can I check my report. (Checks) Masterson told Luke Watson that she was going to take her to throw up, and she threw up on herself and her hair, and he took her to the shower to wash her off.

Judge Olmedo: I’m going to stop you there. We're going to take our morning recess.

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