Questioning jurors about Scientology: Danny Masterson Re-Trial, Day 3, morning break

We’re reporting this morning from Judge Charlaine Olmedo’s courtroom, where we’re acting as pool reporter during the jury selection phase of Danny Masterson’s retrial.

What follows is the same report we sent out to reporters who had asked to receive a copy…

The usual gang is here this morning.

Danny Masterson is wearing a dark grey suit with grey tie.

Defense attorney Philip Cohen is wearing a stunning pale blue suit and a bold golden tie.

The attorneys are conferring about potential jurors that they have issues with. Judge Olmedo had asked them to speak with each other and be prepared for the first group of jurors at 9 am.

Both the prosecution and defense teams have jury consultants with them today.

The clerk informs the attorneys that a prospective juror fractured a tooth and is asking to be excused. Another had been excused because problems with his hands prevented him from being able to write.

They stipulate on the person with the broken tooth.

After conferring, the two sides have a list of juror numbers they are asking to excuse.

Judge: We'll be talking to the first two panels.

She lists the juror numbers that both sides have agreed to excuse: 6, 25, 32, 29, 37, 50, 54, 55, 69, 86, 95, 100, 17, 14, 82, 4, 22, 26, 56, 106, 19, 43, 76, 128.

Juror 47 also submitted medical note. And also 118, scheduled for dental procedure. Both sides agree to excuse them.

Another juror, 57, has a medical excuse.

Prospective jurors are now coming into the courtroom.

Judge Olmedo. I've combined the two groups from Monday. I knew there are a number of you who have had jury exp. For those who haven't, I'll explain what we're doing.

I'm going to speak to each of you about your answers on the questionnaire. Just be patient as we get through this process. I know some qs are personal, and it's not meant to embarrass you. I will refer to your answer in general terms. If you need a sidebar, say you need one and we will do that at the break.

How many of you went to UCLA? (About 15). I'm a Bruin. How many went to USC? (Fewer) My husband is a Trojan.

She explains how different she is from her husband -- she's talkative and will approach people in public places. Her husband is the opposite. Nothing embarrasses her about talking about her life in public. This process, I really rather enjoy it.

She explains that she would have no problem talking about herself in a situation like this. Her husband is the opposite, doesn't want to talk about private issues. So she recognizes that there are people who want privacy.

Asks them to be as honest as possible.

She tells them she knows they are probably not excited about jury service, and that there are websites that say how to avoid jury service. She says that doesn't work in her court.

If you don't want to be on this jury, for whatever reason. The subject matter, you have child care issues, it's a financial hardship -- just let us know that.

She then gives them a pitch about how important the jury system is, and how important it is to the people who work in this building day in and day out.

A few basic concepts of criminal constitutional law. Presumption of innocence, and reasonable doubt.

It's alleged that count 1, April 25, 2003 that Mr. Masterson committed the crime of forcible rape.
Count 2, 2003, forcible rape
Count 3, 2001, forcible rape

Time estimate is approximately 2 months, to June 17. I think it will actually be shorter than that, but I am giving that estimate. We're going to pick 12 jurors and 8 alternates.

Back to presumption of innocence. If I asked you to vote now, you couldn't say guilty, because you haven't heard anything. You also couldn't say I don't know. You would have to vote not guilty. Because the defendant is presumed not guilty until evidence is presented and guilt is proven beyond a reasonable doubt.

Juror 1: Woman. Sat on 2 cases, civil and criminal. Civil was medical malpractice in Santa Monica, about 20 years ago. Criminal was drugs, 15 years ago. Your significant other was former LAPA with Secret service? LAPD and secret service. Retired? Actually passed away suddenly in 2021. Anything about that would impact your ability to be fair? No. Judge asks if there are good and bad police. She agrees. And that police don't get any greater or lesser credibility? Judge reads witness list to see if they know anyone (and this is for the whole room). Fair and impartial? Yes.

Juror 2: Man. What part of LA you live in? Not too sure myself. I get confused. The situation with your cousin about 8 years ago, was that here in LA? Yes. Did you go to court to see it? No. Did you talk to your cousin about that? No. There may be some evidence about Scientology. When we ask if someone can be fair and impartial -- I'll use gangs as an example. People will say, I don't like gangs. But I'm asking if they can be fair, not if the gang is a good thing or a bad thing. So I would ask, if you believe someone is a gang member but didn't commit the crime, would you still vote guilty? We're not asking if you approve or disapprove. So with this matter, do you think you could be fair and objective? Yes.

Juror 5: Man. What part of LA do you live in? Boyle Heights. Can you keep an open mind as it relates to sexual incidents? Yes. Do you think you can be fair and impartial? Yes.

Juror 7: Woman. What are you retired from? Banking. How long ago was criminal trial and what about? Jan 2020, assault and battery. You answered question about sexual evidence and firearms as you would "do your best." What do you mean by that? To the best of my ability. Exposure to Scientology: From TV and reading? Programs I've watched have talked about it. Remember which ones? Celebrity programs, like TMZ. More like a celebrity gossip show? Yes. Anything would impact your ability to be fair and impartial here? No. As for this case, anything you might have read, could you put that aside and be fair. I can't unread what I've seen or read, but I guess. Do you think you could push that out of your mind and just evaluate what's being said here? Yes. She requests a sidebar for later.

Juror 8: Woman. You were on a civil case. For about an hour. Can you otherwise be fair? Yes.

Juror 9: As a registered nurse did you have expsoure to rape victims? No. And your ex partner, what did they do? Some kind of business (unclear). Civil case about ten years ago. Any knowledge about this case, you said you had seen something on local news. Did it go into great detail. She says it was something she heard in the background. Can still be fair.

Juror 10. Man. Criminal case: About 25 years ago, gang kidnapping. THe incident that happened 30 years ago, did that involve yourself? Myself. Traffic case. Can you be fair? Yes.

Juror 11. Woman. What do you do in your job duties. Environmental health and safety. Make sure workers are wearing protective gear, train them on safety. Exposure to Scientology, general media. Anything specific to this case? No. Fair? Yes.

Juror 12. Woman. What are you retired from. Clinical laboratory scientist. One child a DA one child a PD. In Riverside and San Bernardino. The criminal trial? There was violence between two. You reached a verdict? Yes. Can you be fair? Yes.

Juror 13. Woman. Works for City of LA. Can you be fair? Yes.

Juror 15. Woman. You work for an academic institution? Yes. Santa Monica College. Criminal case? About 12-13 years ago, bank robbery. Here in state court. You have some limited understanding about Scientology. Yes, just famous people. Fair? Yes. I have a job interview on Friday.

Juror 16. Woman. What exactly do you do with tech? I'm human resources. You have some family retired law enforcement? LAPD. Something that happened 20 years ago. She's 52, so this was when she was late 20s. Police called? Yes. A neighbor did call. But it didn't go through court system. No one caught or prosecuted. With that experience, can you be fair and impartial? Yes. Scientology: Hearing about celebrities that have practiced it. I also have a doctor's appointment tomorrow at 9 am.

Juror 18. Man. Duties at work: I am an analyst for a public health nonprofit. Public health. You've heard a little about this case? Yes, just headlines. Can be fair. I'm the best man in two weddings at the end of May and early June. Give those dates to Robert.

Juror 20. Man. Significant other is a payroll clerk. For? DWP. Can you be fair? Yes.

Juror 23. Man. IT support for LAUSD. No familiarity with Scientology, just aware of its existence. Just their general presence in Hollywood. Fair? Yes.

Juror 24. Woman. What age group you an aide to? Work with high school students now. Incident that happened 32 years ago, in courts? No. No one ever caught? It was family. Can you be fair? Yes. Some familiarity with Scientology? Leah Remini's documentary. Fair to both sides? Yes.

Juror 28. Man. Law clerk who works for a judge. Research on civil cases but some criminal. Fair? Yes.

Juror 30. Man. Fair? Yes.

Juror 31. Man. Driver? For what? Package delivery. Some exposure to law enforcement? Youth sports and things like that. Open mind to sexual allegations and firearms you said no? I was rushing, and after thinking about it I can be fair and impartial.

Juror 33. Woman. (gave a note)

Juror 34. Woman. What did you study? Business administration. She's from England. Fair? Yes.

Juror 35. Woman. You must have a lot of patience. Most of the time. Customer service as a postal clerk. Fair? Yes.

Juror 36. Man. What part of LA? South Central. Exposure to Scientology: South Park episode. (Laughter in the courtroom.) Can you still be fair? Yes.

Juror 38. Man. Custodian services. Cleans City Hall. Brother in jail. Not sure why. Fair? Maybe. And says he only understands about 70 percent of what she's saying. (His English is not good.)

Juror 39. Woman. Your significant other: He's an actor, but he has a lot of side jobs, and one is standardized patient. Like a medical actor for student doctors. Exposure to Scientology? Just general information. The incident in 2016 with an acquaintance. Go through the courts? No. Can you be fair? Yes.

Juror 40. Woman. Retired from? Labor union, membership specialists. Ex-partner was a truck driver. Incidents with ex-husband, reason for the divorce? He was a druggie. 35 years ago. Scientology: You haven't heard much about it. Just knows they are near Kaiser, and Hubbard wrote Dianetics. She read a book about it. Knows about Travolta and Alley. Fair? Yes. But she needs a sidebar.

Juror 41. Woman. Social work, clientele? Individuals with health issues. Fair? Yes. Ever dealt with victims of rape? No.

Juror 42. Woman. Retired from? IT. An adult child who is director of a preschool. Criminal case? 15-20 years ago, someone died in car accident. Evidence related to sexual incident, fair? Yes. Firearms? I don't like guns. Can still be fair? Yes. Aware of Scientology through media. Over the decades. I have a handyman who was a Scientologist and went to an orientation 20-plus years ago and never pursued it. Says she has tickets to Bali on May 30.

Juror 44. Man. A commercial pilot. Incident with co-worker 8 or 9 years ago who went through courts and was convicted. I knew him personally, but I don't think it would impact me. Scientology: Mentions seeing Leah Remini.

Juror 45. Man. His penal code does not preclude him. Currently working. Significant other, a homemaker, and at a juice bar. Getting any sleep? Still adjusting with the little one. Law enforcement family. The incident with your brother: 2013 or 2014. Went through the courts. Yes. Can you be fair? Yes.

Juror 46. Man. I work for Spectrum. What part of LA do you live in? North. Fair? Yes.

Juror 48. Man. Ever treated sexual assault victims? Yes, mental health inpatients. Federal grand juror? Yes. Judge police officers? He seems confused by this. Fair? Yes.

Juror 49. Man. Criminal case? 7 or 8 years ago, federal court, mail fraud. Familiar with Scientology from Youtube? I probably know more a little bit. The founder and practices, from going down the YouTube rabbit hole. Can be fair? yes.

Juror 52. Man. Significant other retired from LA County. She was a court clerk, worked at a libray, and at ISD. Fair? Yes.

Juror 53. Man. What part of LA do you live in? Pasadena. What you're studying at school. Aspiring model and abstract artist. Judge police officers the same as other witnesses? No. Impacted by the incident with your brother? Yes. Do you think that whatever your feelings are from that, that you could be fair to both sides? Yes. But part of that is judge witnesses the same, that includes police, would that be problematic? It would be problematic.

She thanks him for being honest about that. Now it's time for a short recess.

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Source Code: Actual things founder L. Ron Hubbard said on this date in history

Avast, Ye Mateys: Snapshots from Scientology’s years at sea

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