OPENING STATEMENTS: Danny Masterson trial, Day 5 lunch break

[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. We are reporting live from an ongoing trial and we do not have time to make such corrections.]

After the morning break.

They take the jurors into the jury room. Reporters are lined up against the back wall.

Danny has come in.

Danny's siblings Alanna, Christopher, and Jordan are in the front row. Also his mother Carol is in the front row. Bijou is in the second row.

Chris Wadhams in the gallery.

Judge Olmedo starts things. She brings in the jury.

Before opening statements, some instructions for jurors. She explains what an opening statement is. Explains again the presumption of innocence.

Admonition about not talking about case or researching it online.

She explains the standard of beyond a reasonable doubt. (She's reading from a document.)

She explains that what the attorneys ask is not evidence. It's what the witnesses say that is evidence.

She's explaining how to consider the veracity of witnesses.

Olmedo: With that, we will go into opening statements.

Deputy DA Reinhold Mueller for the People...

Good morning, ladies and gentlemen. Welcome to this case.

I'm going to give an opening statement. The opening statement is going to lay out the evidence that the People believe will be presented in this case. There will be terminology and perhaps concepts that are new to you.

Asks them to pay close attention.

The opening gives me an opportunity that I won't have at any other time in this trial, as much as Ms. anson would like to present things in a logical, chronological order, often we don't get a chance to do that. So this gives us a chance to present things in a more logical fashioin.

This case involves, three different sexual assault cases, three different cases of forcible rape.

The forcible rape of [Jane Doe 1]

The forcible rape of [Jane Doe 2]

The forcible rape of [Jane Doe 3]

Shows an image of them on a monitor.

These span from 2001 to the end of 2003.

This case will also be about certain policies that each of these alleged victims understood that they needed to follow. And so you're going to be hearing some testimony about that. Based on these policies, they made certain decisions. (Doesn't use the word Scientology yet.)

Let's start with [Jane Doe 1]

He shows a photo of 6227 Holly Mont Drive, owned by Danny Masterson.

Two incidents: Sept 2002, April 25 2003 (the charged incident)

She's currently 48. Grew up in Los Angeles. Delphi Academy in LA, started at 12, graaduated. A Scientology-based school. Second-generation Scientologist, born into it.

She grew up with a tight group of friends. The people we'll hear from were also part of that Scientology tight group of friends. That's how she first became acquainted with Masterson in the late 1990s.

Masterson is a second gen as well. His friends became her friends. They would see each other, socialize. A friendly relationship. Then they would see each other a bit more.

JD1's best friend was Brie Shaffer. Also a Scientologist. And Masterson's personal assistant.

Brie would often go to Masterson's house. And being best frinds with JD1 at that time, she wouuld go along. So she would often see Masterson. And they would socialize together.

That brings us to the first incident, Sept 2002.

JD1 was to meet Brie Shaffer that evening. Brie was supposed to meet up with JD1.

JD1 went there, but Masterson showed up. Brie had gotten into some kind of fight with her husband.

Masterson came up to JD1, just heard from Brie, got in a fight, don't come to her house. Crash at Danny's and she'll see you in the morning.

JD1 was supposed to stay at Brie's and go to the airport in the morning. But because of fight, told JD1 to stay at Masterson's house.

Had one or two drinks, became intoxicated. Went to Danny's house. Was supposed to sleep in guest bedroom. But he began to pull her up to his bedroom. She was out of it, feeling drunk, laughing it off.

At that time the relationship was more like a brother-sister thing. What are we doing, this is stupid, she thought.

But he brought her up to his room and they had sex. She will tell you that she was very intoxicated and feeling very fuzzy from the alcohol. Kissing and sex and the defendant had flipped her over and penetrated her anally with his penis.

You will hear testimony that JD1 fought her off at that point, but he did penetrate her anus.

She was very upset. In the course of fighting him off, she injured her back a bit.

She shared it with her best friend, Brie. Also with Paige Dorian, a friend. And another close friend, Lisa Marie Presley.

That information, once she shared that information, caused a lot of problems. It broke the relationship with Brie. A rift was created between them.

They couldn't understand why she would do that. They didn't understand why JD1 would go upstairs and have sex with Masterson. And it caused huge problems.

It also impacted the relationship she had with Masterson. She had no contact with him for some time.

You will also hear testimony about a possible pregnancy and miscarriage related to that incident.

What you will hear is that that single incident caused a lot of problems with Masterson.

JD1 did not report that to law enforcement. The sex was consensual she believed at the time, except for when he flipped her over and penetrated her anally.

You will hear now that she feels differntly about it, and that it is no longer consensually, but this is not what he's charged with.

What he is charged with happened nine months later. It's almost under similar cirucmstances.

JD1 was to drive Brie to the airport early on the morning. They had smoothed things over. Brie had asked her to come to her house, spend the night, April 24, 2003, so she could drive Brie and fiance to the airport, a trip to Italy, leaving at 6 or 7 am.

Plan was for JD1 to sleep over at Brie's. JD1 got to Brie's at about 5 pm on April 24.

JD1 left her SUV at Brie's house, left her overnight bag at Brie's.

Brie said, let's go out briefly who was having a birthday at a restaurant, the Electric Lotus. We'll pop in, say hi, happy birthday, and then we'll get back.

JD1 and Brie went there but JD1 never made it back.

At the party at Electric Lotus, Brie said she had to go back and pack.

Brie left, went home. JD1 stayed at E Lotus. Masterson was there. Luke Watson was there.

The way the plan unfolded, JD1 needed to get some keys to get back to Brie's house.

She was with the group until about 1 am. But she didn't have keys for Brie's gate.

She went to Masterson's house to meet Luke Watson to get keys so she could go back to spend the night with Brie.

Luke couldn't find the keys. JD1 was to spend the night, Luke spend the night. JD1 on the couch.

1:30 to 2 am. Masterson comes out and gives JD1 a fruity red drink with vodka. A tumbler or coffee mug sized.

JD1 had nothing to drink before getting to the house. She had nothing to drink at Electric Lotus. Her first night of the evening.

She drank a little less than half when she started becoming very disoriented about 20-30 minutes after she started to drink. (They're drinking on a patio.)

Then Masterson grabs her by the wrists, you're going to go in the jacuzzi.

JD1: No, I'm not going in the jacuzzi. She's wearing clothes. She didn't even want to go into the house.

He pulls her by the wrists into the hallway. She tried to pull back, tried to sit. No, I don't want to go in the jacuzzi. She's noticing that she's feeling very impaired.

Masterson took her up the stairs into the backyard. Above-ground jacuzzi.

"You have 15 seconds," Masterson said. It was his rule, he gave you 15 seconds to take off what you didn't want to get wet.

Trying to take her boots off, feeling very disoriented. All of this was about 20 minutes she had half of the drink.

Masterson then threw her into the jacuzzi. She was still partially dressed. Recalls wearing a bra and underwear, and soaking wet. After about five minutes in the jacuzzi, now she's feeling worse.

Having a hard time standing up, and afraid of slipping down into the water. Difficulty breathing, hard time keeping her eyes open, and very nauseous.

Masterson said, I'm going to carry her upstairs, I'm going to put my finger down her throat and make her vomit.

Masterson carries her upstairs, takes her into the bathroom.

(People are showing photos from inside the actual house of these rooms.)

Has her put her head into the toilet and shoves his finger down her throat and she vomits all other the place.

"You're disgusting," he says, "you're going to go in the shower."

She passes out on the floor briefly on the floor tiles. The cool tiles was soothing and she felt better.

Picks her up and puts her in the shower. He begins to soap her breasts. She was out of it, but that she did notice. She got upset, punched him in the chest.

She slumped back to the floor. He picked her up by her arm and her hair.

Gave her soap, but she dropped it. Lowered her by her hair -- pick it up. But she couldn't.

Then she felt that she passed out again. At that point he picked her up and took her to his bedroom and put her on the bed. (Photo of a bedroom.)

She wakes up with his body weight on her, his penis penetrating her vagina. She gets upset and tries to get him off. She grabbed a pillow out from behind her head and shoved it into his face. Pushing to get leverage.

Instead, he pushes the pillow back into her face, she's having difficulty breathing.

She passed out from that pillow while he's still penetrating her. At some time she comes awake again and he's still penetrating her.

She's fighting, with one hand he's holding her hands down, and with the other squeezing her neck and she loses consciousness.

Comes to again and hears a voice at the door. Masterson pulls a gun from a drawer by the bed and says, "Don't fucking move, don't fucking move."

While this is happening, as he's penetrating her, tells JD1, you like this don't you, you can have this anytime you want this. You're not going to fucking tell Brie...Paige... and Lisa. All the people she told nine months earlier.

Later she comes to, crawls into a closet. She hides behind some clothes. And passes out.

She passes out until sometime in the morning, which she guages by the light in the window.

Masterson sees her, what the hell are you doing. Throws her back on the bed. She passes out until late morning on April 25.

She goes downstairs, sees Luke. I don't understand what happened. He acknowledged. She goes to Brie's house, gets her car. Drove directly to her parents' house.

It was her father's birthday. Planned afternoon barbecue. She missed it. Everyone flew out that night on a red eye to Florida. She didn't say anything at the time.

It was her father's birthday, number one, and she was incredibly embarrassed.

24-48 hours she started to show bruises and her family noticed it and commented on it. She told them she fell.

She disclosed to her 17-year-old cousin Rachel. And then when she came back she told Julian Swartz.

Who was he? He was JD1's master-at-arms, an ethics officer. In Scientology if something bad happens, the person you report to is your ethics officer.

So she went to the Celebrity Centre and began to tell him what happened. His response was, if you're going to tell me this was rape it wasn't rape. You're not supposed to use that word. You're not allowed to go to the police. Doing so would be considered a high crime.

And if you commit a high crime, you could be declared a suppressive person. What that means is that all the other people in the church have to detach from you and you are esseentially an enemy of the church.

You lose everything. Friends, family. You're going to hear evidence about how significant that is to these people, to a second generation Scientologist.

She agreed, she's not going to the police. What she did do was in April 2004 she wrote a letter to a man by the name of Mike Ellis, the International Justice Chief, and asked permission to go to the police and file criminal report without being declared SP.

Ellis's reply was to consider the consequences carefullly.

What that meant to her was that she could not go to the police or be declared.

But on June 6, 2004 she did go to the Hollywood Police Station (LAPD) and reported.

No criminal charges were initially filed. JD1 will tell you that this created a problem for her.

She was told that she needs to enter into a non-disclosure agreement or she would be declared.

So there was a meeting at her parents' house in August 2004. An attorney for church there, advised them if she didn't sign an NDA there was a declare order to be issued.

So the NDA was signed by JD1 and Masterson on Sept 20, 2004, and a payment made.

In 2016, JD1 was contacted by law enforcmeent: New victims had come forward.

The additional victims.

[Jane Doe 3]

Originally from Alabama. Started modeling at only 15. At 17, she left home and moved to Los Angeles. Had landed a campaign with Revlon with Cindy Crawford. Sept 1995, photo of Jane Doe 3 and Cindy Crawford.

Agency was having a party, celebrating her landing campaign with Cindy Crawford, and celebration party. Masterson and friends crashed the party. Flirting with her.

She was still 17 at that time. She agreed to start dating him and then moved in with him.

She thought he was wonderful. She'll tell you that she loved him. He was charming.

A few months after that JD3 became a member of the Church of Scientology. She was encouraged to join by Masterson. He told her she needed to become a member. So she did.

But a year after their relationship, things started to change.

Her modeling career was going well.

Masterson became more controlling. He was working at that time on 'That '70s Show.'

He liked to have JD3 be home. He did not like if she was out modeling or traveling, and so that ended.

He became aggressive sexually, she often woke up with him on top of her, having sex with her.

November 2001. She was in bed sleeping. He's on top of her, full body weight, penis penetrating vagine. No, stop, she tried to push him off. He had all his weight on her, so it was difficult.

At one point held down one of her arms. She kept fighting with other arm. She's screaming, telling him no.

She ultimately did what she thought would mame him stop: She grabbed his hair. He had a no touch hair, no touch face rule. She knew that.

She pulled hard on his hair. He then hit her across the face while he penetrated her. She continued to fight. He got off, spit on her face which he often did, and called her white trash, which he often did.

This first incident, she did not report this.

December 2001, second incident. They were at La Poubelle restaurant. She had one or two glasses of wine total for the night.

After the restaurant, her last memory is standing up to go.

Her next memory is waking up in bed the next morning. No memory of how she got there.

She's alone, she's naked, she's confused. She's going to say her entire body hurt. Felt her rectal area was torn. She went to the bedroom and found blood there.

Found Masterson downstairs. What happened last night? I don't remember. I feel like I'm injured, my bottom is injured.

He laughed at her and told her he had sex with her there while she was unconscious. He had anal sex with her while she was unconscious.

She will tell you she never had anal sex, and she was very traumatized by this. She reported it the next day to the Church of Scientology. She reported it to the Celebrity Centre.

Miranda Scoggins was her ethics officer. Begins tell her that Masterson raped her.

Chris Scoggins was chaplain. They both told her that you can't rape your "2D."

Second dynamic: A spouse, partner.

Don't ever use that word again, they told her. They told her she "pulled it in," a Scientology term that you have done something in this life or a previous one to cause this to happen. So it's something you did that caused this.

They also told her she was out-exchange with the defendant. What she understood it to mean is that Masterson provides for you, gives you a place to live. So in exchange you are to give him sex whenever he asks. And if you don't, you're out-exchsange.

One of the things she understood why she couldn't report it to police is that Masterson was an "upstat." An upstat is somebody who contributes a lot to the church. Someone who is a moneymaker for the church. You're going to hear evidence about that. That's different than a downstat. The upstats are treated differently by the church.

You can be in trouble for reporting a member, but more trouble for reporting an upstat.

She believed them. She believed Miranda. Maybe I did pull this in. She believed she pulled it in and it was not rape, as she was told. She was shown policies about not reporting to law enforcement.

Cohen objects for the third time in a few minutes, and Judge Olmedo calls for a sidebar.

Going quite a while.

Mueller starts up again.

It is based on JD3's beliefs, how these policies were instructing her, that if she was to report, she would be declared a suppressive person. It would have been a high crime and she would be declared.

She trusted the church, she didn't tell anyone until she told her husband in 2011. He told her, that's rape.

In 2016 she reported an incident to law enforcement, and that's how the investigation continued.

You will hear that JD3 had contacts with Masterson after the incident. Ended the relationship in March 2002. She will tell you all she really wanted for the church to intervene and do some handling, and to give some help for Masterson.

She never got that from the church.

You will hear they saw each other later, and two occasions of consensual sex. 1st in Los Angeles. 2nd in New York, where she had moved.

JANE DOE 2

An actress in "Oh Grow Up."

She became a Scientologist at 16, her mother introduced her to it.

During this time when she was acting and became a Scientologist, had a close circle of friend who were Scientologists. Had met Masterson, and began to see him a bit more as time went on.

Her incident October-December 2003.

She was living with Illaria Urbanati. Close to Masterson's home. Urbanati invited her to "The Well." Masterson and Watson were there.

Masterson staring at her, asked for her phone number. Few days later contacted her, demanded she come over to his place and bring your bathing suit.

JD2 had agreed to come over to his house, but with conditions. We can talk, we can have a glass of wine, but I'm not getting in your jacuzzi, and absolutely no sex.

If some kissing comes about, fine. But no sex, that's it.

She comes over, has a couple of glasses of wine, she begins to not feel good. She's feeling very drunk and Masterson demanded she get her clothes off and get in the jacuzzi.

She didn't bring a bathing suit, didn't want to get in the jacuzzi.

Now feeling very "blurry" after the wine. She had on bra panties, camesole in the jacuzzi, some kissing going on. He orders her to go up to his room.

She was feeling very out of it, he was being very aggressive. She was trying to keep things to a minimum. Trying to keep things under control. They end up in his bathroom/shower.

JD2 said she didn't want to do this, no sex. She remembers being in the shower, remembers kissing, his hand going down to her groin. Then suddenly his penis in her vagina.

She says no, I told you no sex. He ordered her to his bed. She went and she will explain why -- she said she was trying to de-escelate things. There was more kissing.

Then suddenly he flipped her over and will describe it, pounding me from behind like a jackhammer. Penis penetrating vagina. So violent she threw up in her mouth.

She felt like a limp rag doll, flipping her over and over, and eventually ejaculated on her stomach.

After this JD2 stayed with Masterson while she was processing. They were there a few hours afterwards. She will testify to what she was thinking.

You will also hear from an expert who will talk to you about these situations, people who go through something like this, difficulty they will have processing something, especially from someone they know.

At the end of the trial I'll be able to come in front of you again.

You will hear why these victims did certain things and didn't do certain things because of their church, the Church of Scientology.

We believe you will find guilty verdicts for the forcible rape of JD1, JD2, and JD3.

Fifteen minutes before lunch, but Cohen wants to start.

Philip Cohen for the defense.

We heard Mr. Mueller, when a jury said, both sides want to win, Mueller said he's hear for justice.

Objection, sustained. (Twice)

Mr Mueller has given you a lengthy description of what the evience is going to show.

I want to tell you what the evididence is acutally going to show.

You might have heard a pattern between these three women.

These three women were all told when they initially spoke to the LAPD, do not talk to the other victims. Don't speak to each other, they were told this by Detective Reyes, an expert in sexual assault. Don't talk to other witnesses, told by Det Reyes.

I'm going to lay out for you how after being told do not talk to each other, do not talk to other witnesses, the Rachel we heard about, the mom we heard about, do not talk to witnesses, and if you do -- this is Det Reyes talking --

Objection, Olmedo calls for sidebar.

...Detective Reyes is going to tell these women, if you talk to each other you will contaminate this case. If you talk to other witnesses, you will destroy credibility.

She told these women, the DA...

Objection, sustained.

You'll hear that these women all talked to each other, talked to other witnesses, and through those conversations, these themes developed.

Number one, Jane Doe 1. When she first reports in LAPD in 2004. (Reminds prior incident in 2002) when she first reports in 2004, she tells LAPD we had sex before and it was consensual. This is JD1 talking to LAPD.

I hadn't drank for a while, she apparently had an issue, alcohol hit me hard, -- I guess we'll hear about eyes not staying open -- but in 2004 she told LAPD she felt a little dizzy, and after getting in jucuzzi, with heat, felt ill.

She's going to say he held a gun to her head. What we're going to hear when she went to LAPD in 2004, she made no mention of any gun. She made no mention of any gun to anybody for about 14 years.

She's going to say she told them and they didn't write it down.

The 2004 NDA: JD1 sends, through a lawyer, a draft complaint, to Masterson, who was on 'That '70s Show' and making oodles of money -- sends a draft complaint is when you prepare a lawsuit and didn't file it. Used it to get money out of Masterson.

In return both sides agree to a non-disclosure. She was about to sign renew contract with 'That '70s Show.'

And that's how this agreement came about.

Let's talk about Jane Doe 3. She was the one who was in a relationship with him.

The charged incident was the November 2001 when she wakes up and he's on top of her.

Mueller said JD3 told her husband in 2011 about it. Wrong. JD3 told her husband about the December incident when she woke up and her butt hurt and Masterson had had anal sex with her.

Remember, that's not the charged incident. JD3 will tell you when she tells her husband how horrible and horrific her husband was, she makes no mention of the Nov 2001 rape that he's charged with. She makes no mention of domestice violence. No mention of him hitting her that is underlying the charge.

That's why the talking between these women is so critical to this story.

Judge Olmedo stops him there and says we'll take our lunch break.

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