After lunch session, Day 15 (Day 11 of testimony) Danny Masterson retrial
Officer (now detective) Alexander Schlegel is called to the witness stand.
Deputy DA Ariel Anson: What do you do for a living.
Schlegel: I'm a supervising detective for LAPD West LA.
How long have you been at LAPD?
27 years. I'm assigned to burglary. I run burglary for West LA.
What was your position in June 2004.
I was a police officer. I was working the desk at the time.
How long had you been an officer then?
Eight years.
What kinds of reports would you take?
Numerous kinds. Stolen vehicles, stuff like that.
Hollywood division?
Yes.
In June 2004, did you have a specialty in sex crimes?
No. The only training I had was the academy, and handling calls in the field.
How many sexual assault reports had you taken?
Probably about half a dozen.
Were you working at 10 pm that evening (June 6, 2004) when someone came in to give you a rape report?
Yes.
And that person was JD1?
YEs.
Who did she say she was raped by?
The defendant. Daniel Masterson (points him out).
When JD1 came in to report what happened, did she say where it took place?
His house in the Hollywood hills.
6227 Hollymont Drive?
Yes it is.
Do you have an independent recollection of everything she told you that night?
No, it's vague. It's 20 years ago. (He's reviewed the report.)
Did she tell you what date she was assaulted?
April 25, 13 months prior.
Did it have any significance to her, that date?
She said it was her dad's birthday.
Did she tell you what she was doing before?
She said she and her friends went to a club, but they weren't drinking.
She said she herself wasn't drinking.
Yes.
Did she say who she was with before she got to the home. Jenni? (Looks at report) Jenni Weinman and Luke Watson.
Did she tell you why she had gone to his home.
To attend a party.
What happened when she got there.
He made her a drink, vodka and fruit punch. She went out in the yard, talking to some friends. She was feeling dizzy, walked over to the jacuzzi where the defendant was. He joked about pushing her in, and he did. She said she felt nauseous. So the defendant took her into her room where she had a bathroom, and he put his fingers down her throat so she'd throw up.
What did she next?
He held her waist as she vomited all over herself.
Then what?
The defendant said you vomited all over yourself, you need to take a shower. She said the defendant took her garments off. Told her to hold the soap, which she dropped, held her down to pick it up. After that he took her into his bedroom. She woke up and he was on top of her inside her. She tried to push a pillow on her he pushed the pillow down on her. She said she felt she was dying. She reached for the nightstand.
Did she say he used a gun?
No.
At any point did you look on a computer whether or not he owned a gun.
Not that I remember. I don't remember running him specifically.
It's possible that you did or didn't?
Correct.
What did she say he did when she tried to reach for something?
He grabbed her hands with one hand, choked her with the other and she passed out. (Describes her waking up later, crawling into a closet. And that she woke up later and her anus hurt, but the defendant said he didn't do anything. She said she remembered more as the day wore on.)
Did she give you a list of names?
She did.
Luke Watson?
Yes.
Jenni Weinman?
Yes.
Julian Swarz?
Yes.
What did she tell you about him?
He's like a minister in Scientology. (Says he told her to write a letter about what happened.)
Did she provide some documents?
I noted it in my report but I don't remember what she gave me.
When she gave you the list of names, did she include Rachel (cousin Rachel).
(reviews the report) No.
She did not.
No.
Did JD1 indicate if she had injuries?
She said she had bruises on her neck, arms, thighs.
You noted in your report there was a written report she provided?
Yes.
You don't have those attachments today?
It was attached to the report, then went to detectives.
No photos?
She didn't have any on her.
No further questions.
CROSS-EXAMINATION
Cohen: You don't know whether anything that JD1 told you was true, correct?
Correct.
That any of it ever happened.
Correct.
What you do know is what she told you, you put into a report.
That's correct.
How did you become a police officer.
through the academy. Shooting, report writing, a lot of stuff.
Does everyone who goes through it become a police officer?
No.
When did you first become a sworn officer?
March 1996.
In 2004 you were still police officer?
Police Officer 2.
Then you became...
A detective. About 12 to 14 years ago.
In the academy one of the things you're trained in is report writing.
That's correct.
Are you trained to ask open-ended questions?
Yes.
Like "Tell me what happened" or "is there anything else"
Yes.
Are you trained to then give them as much time as they may need to explain?
Generally, yes. Sometimes we're swamped.
Would you ever cut off a complaining witness and tell them stop, don't tell me any more?
No.
To go from police officer to detective, is that earned?
Yes, it's a written and verbal.
Testing?
Yes.
And past performance?
Absolutely.
Report writing?
Absolutely.
In evolution to detective, what happens now when you become a detective?
You become an investigator.
What does that entail.
You follow up with whatever leads you have.
Do you write reports?
Absolutely.
Did you stop at investigator or continue up the chain.
I became detective 2 supervisor and then detective 3 supervisor.
What is your current role?
I have a supervisor who helps me supervise the detectives.
The report that you took regarding JD1. You said that you had reviewed a copy of that.
Yes.
Where did you get that?
A detective on the case.
Det Vargas?
Yes.
Did he ask you to review it?
No, I know I have to.
You're trained to review it.
Yes.
Let me ask you a couple of questions about it. When JD1 reported to you, would you have asked her, tell me what happened?
Yes.
And you would have followed along what she said to make out the report.
Yes.
She said that on the night of April 24 2003, she was out at a club with some friends.
Yes.
The word club, was that given to you?
Given to me.
She said they decided to go to party at Masterson's house.
That's right.
Did she ever say anything to you about needing keys?
No.
When she got to the party, she said that the suspect had mixed a drink of vodka and fruit punch for her.
Correct.
Did she tell you that she had taken the drink from the kitchen?
Yes.
And from the kitchen, did she tell you, she had gone to the outside yard?
yes.
Did she ever tell you that she had been picked up or grabbed by Masterson from the front of the house through the entryway?
No.
Did she ever tell you that in the living room she sat down?
No
That she was screaming?
No.
That he had picked her up and took her to the outside?
No.
What she told you was that she had wandered outside where Masetrson was?
Correct.
She told you that he said in a joking manner that he was going to put her in the jacuzzi and he then did that.
Correct.
And it was after she was in the jacuzzi that she felt nauseaus?
Correct.
And at some point he had guided her up the stairs.
That's right.
Did she ever tell you that at any point she had called her dad and left a message?
No.
Did she tell you that Masterson had physically stuck his fingers down her throat?
No.
Did she say when she got to the bedroom it was completely dark.
That's right.
She then goes through a number of different things that she remembers and doesn't remember.
That's correct.
Did she tell you that when she woke up he was next to her (multiple objections, Cohen asks to approach) Did she ever say that when she woke up the next morning that he was lying next to her?
No.
The document that you referenced, there were actually three attached to the report.
I think two, I may be wrong.
Have you reviewed those?
No. They went to records and then detectives. MYers and then the current investigator.
Once you take the desk report your job is pretty much done.
Yeah, it's done.
JD1 had given you the names of some witnesses. Did that come about by you asking her, hey tell me names of people who know seomthing?
Normally that's how it would work.
In some fashion you asked her to give witness names.
Correct.
And th purpose is so someone can follow up.
Correct.
Did she ever say that shortly after her interaction with Masterson taht she had a converastion with a cousin Rachel?
No.
Did she say she had told Rachel something really bad happened?
No.
Did she ever tell you that the first person she mentioned the incident to was Rachel?
No.
She gave you the name of six witnesses?
Yes.
Are any of them Rachel? (Asked and answered.) You said that Masterson had denied any sexual interaction? (Hearsay, rephrase) Your report indicates that JD1 made a stateemne that Masterson had said, according to her, there was no sex. (Obj, sustained) Do you remember being asked that on direct, this is what Mastrson... (Speaks for itself) Did JD1 indicate that Masterson had been asked about sex and it was consensual (Obj, sustained). In your report, you said that there were no photographs, correct?
Correct.
Would you have indicated that in a report without asking her if she had any?
No, I wouldn't.
So the fact says no photographs, does that mean she told you there were none?
It means she didn't have any.
Does the mention of a gun fall under the category of something imoprtant to include in a report.
Yes it is.
If JD1 had mentioned a gun, would that have made it into your report?
YEs.
If she had mentioned a gun, is there any way it does not make it into your report.
It would have to be a brain fart, but I don't think so.
Did JD1 ever say she put her hand in a drawer to get a gun for herself?
No.
Did she ever tell you that she wanted to get a gun because she was going to shoot and kill Mastrson?
No.
You lying about anything you said today?
Nope.
Did she ever say that she had grabbed his hair?
No.
When reported on June 6, 2004, did she say that she ahd not wanted to report it to the poilce becasue she didn't want her parents to find out?
Correct.
Did she tell you she had prior consensual sex with him?
Yes.
No further questions.
REDIRECT
Anson: You said at sometimes on desk it can be swamped. What do you mean?
It was busy.
What would happen. She would have to wait. You try to do an accuarate job, but as fast as possible.
Do you remember that night?
It was swamped.
How do you know?
I ended up taking the report. You woulld normally have a unit take it (not the desk officer.) Normally a patrol unit (of two officers) would come in and take it.
Do you remember how long this interview was?
I don't.
Do you remember the exact words she used?
I put them down the best I could.
And this is a summary?
Correct.
Do you remember every qeustions you askd?
No.
Do you remember every response she gave?
No.
When you indicated on cross that she said something or didn't, that was based on your recall?
No, it's from the report.
You said if she had indicated the gun it should have been in there.
Correct.
So you don't have an independent recollection if she mentioned one?
No.
It's from your report?
Yes.
Besides what she said about her parents, did she also say that she delayed because the defendant was her friend and she didn’t want to get him in trouble?
Yes.
No further.
RECROSS
You included a lot of sepcific details.
That’s correct.
There was a detective that was with you when this report was with you?
Yes.
Sitting next to you?
I don't remember, it's on the report.
No further.
The witness is excused.
PEOPLE CALL DET ESTHER MYAPE (REYES)
Deputy DA Mueller: What is your occupation?
Det Reyes: I'm a detective at robbery homicide. (Was with special assault division. High profile nature.)
How many years in that unit?
9 or 10.
How many cases did you investigate?
Proably anywhere from 50 or so.
Over that nine year period?
Yes.
Investigating SA cases, the nature they're conducted, is it different than handling a robbery investigation?
Yes.
How so?
A lot of factors that go into investigating SAs. You have a victim who has been traumatized phyiscally, emotionally, psychologicall. You have medical reports, a lot of intricate details.
When you are interviewing, special techniques?
Yes. You have to make the victim feel comfortable. That they're being listened to. that you're there to help them. You have to show them that you care. They're telling you something embarrassing, private, traumatizing. (Obj, overruled) A lot of times victims will not report right away because of the embarrassing aspect of it. (Obj, overruled). Or leave out details. and because they try to suppress it, they might not remember every detail.
The investigations you had done, did any of those also have a component of intimate partner violence?
Yes.
How did that factor in?
It often leads to the vicitm feelig confused. and it affects them becasue it's like the domestic violence cycle. They can't really believe that it happened to them. And they sometimes don't want ot believe it because they do't want it to have happened. They can't correctly express what they're feeling.
In those 9 years, did any of those involve victims who suspected that there may be a component of intoxication by alcohol or drugs?
Yes.
How did that affect your work?
That is something that we come across, that victims are drugged through beverages, and they wake up and realize they've been sexually violated.
Do you have particular questions you might ask to gather more information with regard to those issues?
Yes, I try to make them think about every possible thing they can. Sometimes they don't want to tell me but I need to hear it from their own voice.
Were you assigned to a case of alleged rape against three women?
Yes.
When were you assignged to that?
In 2017.
Around March?
I think it was December of 2017.
You think it was the latter part of the year, not the beginning?
Yes.
Did you learn who the suspect was?
Yes.
Who is that.
Daniel Masterson.
You see him here?
Yes (points him out)
After being assigned to this case, did you conduct interviews of the three women?
Yes.
Did you prepare your own reports of those interviews?
Yes.
Were some video taped?
Yes.
On January 17, 2017, do you recall interviewing JD3.
Yes.
Where?
Austin PD.
You alone?
No, with my partner at the time, Det Viegas.
(Preparing to show her a video clip. Giving transcripts to the jury. Playing the tape.)
"Are there any other domestic violence incidents. Tell me about the first time. It started about, I don't know exctly, but it was a great six months to a year that were great, I thought, wow, I hit the jackpot.... He was sexually very forceful and inthe begining it made me feela little uncomfortable. Like he woudl grab me in front of his mom, he'd grabe my breasts or put his hands down my pants right in front of his mom... I got used to it. I don't know when but we were in our first apartment. He wanted sex all the time. More than once a day? Yeah, that first year. And then I staarted saying no, i don't want to, and he would get upset. And in our first apartemnt he wanted to have sex with me, and I had just got back from Paris. I was being firm, say no. He got really angry with me and spit on me. And I just remember the two things he said to me, first he said I was fat. And the other, he called me white trash. He kept fighing me on it, like he watned 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 likes doing that. OK. And pulled you by the hair, where? Outside the bedroom there's a hallway and he dragged me into it and spit on me... Tell me, (another incident), 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. I was on my back, I guess. I would try to pretend I was asleep. That time he got on top of me and woke me up and I said no, and he got 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. You said no, what did he say? Insults. Or he'd spit on me. So you pulled his hair, what did he do? He hit me. I don't think it was a punch. On the face? 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 got really physical. And that was shortly before the incident. OK, sure."
Mueller: This was just a portion. How long was the interview?
Reyes: Two hours? Maybe three?
And you hear her say "before the incident" Before what incident?
The sexual assault.
So there was another incident, and that was in December 2001?
That's correct.
We have another clip.
"This time when he slapped you. Before the big one, the one we're going to talk about. Between those two was there another time when he was violent, pulling hair or... There was one night we went out with this actress Jennifer Esposito. She'd just got married, I think she's been married twice, once to Bradley Cooper.. We went out to the Standard, and when we was leaving there was paparazzi out there, and Danny was yelling "Show 'em your tits, show 'em your tits. It was really common, but I was thinking don't do that, I'm holding your hand... After Danny wouldn't stop (the husband) turned around and beat him up, like a full fight. And the paparzzi fully filming it. There's tape out there of Danny getting his butt beat... I wanted to walk away. When I got home he was furious that I had abandoned him. I said you deserved it. That was, whoa, I was proud of myself. I never spoke up for myself. That night was bad. He spit on me and pulled my hair that night. He didn't hit me or anything... He took it all out on me... He pulled my hair. Was Jennifer Esposito a Scientologist too? No... but I never saw her around after that night....Let's go into the night...The night? It was a couple of nights later... Was he drinking that night? He was drinkng, but he drove, so I don't think he was drunk that night. Let's talk about that nigth> It's hard to talk about becaue I don't have a memory. We went to La Poubelle, a restaurant across from Celebrity Centre. I ahd a galss and a half of wine, maybe two. WAs he drinking as well? Yeah, I think he had beer. The last thing I remember is standing up to leave... Scientology is anti-drug, and he's very against drugs... I never could explain why i had no memory, until a friend told me (JD1's) story, and then I thoght about it. About why I had no 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. Back then I could put away probably a bottle and a half and still remember most of what we said.... At dinner did you ever leave the table to go to the bathroom? Yes. So there was an opporutnity for him to drug you. WWhat's your next memroy? MY next memory is waking up about noon the next day, in my bed. And then you felt confused, and then 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 hurts. And trouble walking. Headaches. Nausea? Yeah. OK, go on. Tried to go to the bathroom and I just remember my bottom, there was blood. Is that the firs ttime you realized you were bleeding? Mm-hmm, and the pain. What happened? I went to the bathroom and I got a mirror and I looked. I was injured. So I put clothes on and he was sitting in his office. What happened last night, I don't remember anything and my butt is bleeding. He laughed and said, I had sex with you last night> You had sex with me last night? 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."
Judge Olmedo calls for afternoon break.
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What I hope every woman and man learns from this case is that sexual abuse or rape is perhaps more than what once thought it was:
"I had a very old-fashioned idea of rape that involved weapons and fearing for your life. And I know now that it's about consent. But back then, in 2003, I thought it was like, you know, someone jumping out of the bushes with a ski mask on and holding you down."
Detective: "The defendant said you vomited all over yourself, you need to take a shower."
No, almost right, Mastersonhad ORDERED and commanded her to take a shower.
Another correction for the detective: Masterson FORCED her down in the shower to pick up the soap he had placed in her hand.