As expected, Judge Charlaine Olmedo denied Danny Masterson’s request for bail so he could be freed from prison while he purses an appeal of his convictions on two counts of forcible rape and a sentence of 30 years to life in prison.
Let’s be honest, her entire ruling is a thing of beauty, but I’m just going to touch on some of my favorites. Judge Olmedo is paying attention.
Danny’s attorneys:
First, for the past 20 years, defendant has led an exemplary law-abiding life devoted to his family, his community and to many charitable and humanitarian causes. That unblemished track record uniquely establishes the strength of his ties to the community and his lack of dangerousness to any other person, including the complaining witnesses in this case.
Olmedo:
…On December 13, 2023, this Court found that defendant was not in compliance with the firearms relinquishment statutory requirements.
Moreover this Court found that one firearm in particular was missing altogether and that contrary to the paperwork previously submitted by defendant, it was not destroyed as he previously had led the Court to believe. Accordingly this Court found probable cause to issue search warrants for the missing weapon. It should further be noted that Jane Doe 1 testified in both trails that defendant held a gun in a manner she felt threatened by while he was engaged in the forcible rape. To argue that defendant has not engaged in continued criminal conduct and does not pose a risk of danger to any of the victims while … guns presently remain registered to him and one gun may still be unaccounted for flies in the face of the facts presented to this Court.
…defendant has failed to address the allegations which are the subject of the related civil suit brought by the victims, specifically that defendant and others acting on defendant's behalf engaged in numerous acts of stalking, harassment and injury to the three named victims in the instant case as well numerous others individuals including the named victims' family members and other former domestic partners of the defendant. The alleged acts and injuries which are the subject of the related civil suit are alleged to have occurred in 2016 and through the date of sentencing in the instant case, 2023. In addition, some of the alleged acts are both tortious and criminal in nature and if true, establish a continuing danger to society.
So, Danny can’t even be an exemplary felon.
Next, her slap down on trying to get the testimony of his 4 homies sealed was nothing short of epic.
Jane Doe 1 has already testified no less than three times, in open court, regarding the forcible rape and her prior sexual contacts with defendant. Each time she was called to testify, Jane Doe 1 was on the stand for days regarding this specific subject matter and was cross examined at length by defense counsel regarding her sexual relationship with the defendant. The Court is hard pressed to find how sealing the witness interviews now, post-conviction, saves Jane Doe 1 any further embarrassment or diminishes the media attention than that which she has already experienced throughout the course of these criminal proceedings.
Thus, it appears that the proffered defense witnesses may wish to hide their identities and statements from the public forum but defendant cites no authority which holds that the desire to avoid unwanted media attention or embarrassment to the witnesses is an overriding interest which overcomes the right of the public to access the record and constitutes good cause justifying the sealing of the records.
And then Danny’s lawyers on him being a flight risk:
Defendant has no practical ability to flee if released on bail. He has surrendered his passport to authorities. He is a publicly recognizable figure due to the international syndication of his television shows, to the extent that he has no place to go where he could be anonymous.
Olmedo:
Most importantly, defendant has failed to adequately address the severity of his sentence. Defendant has been sentenced to two terms of 15 years to life to be served consecutively and is currently in state prison serving that sentence. … In light of the fact that defendant has no wife to go home to, defendant now has every incentive to flee and little reason to return to state prison to serve out the remainder of his lengthy sentence should his appeal be unsuccessful. Based on the severity of defendant's sentence alone, let alone his diminished community ties, defendant poses a risk of flight.
Hmmm if only Danny wasn’t so convinced he was the victim here perhaps people could begin healing.
And even if owning a firearm because he's currently considered a felon wasn't an issue, the owning of multiple firearms alone should be enough to say he poses a potential danger to society.
Hmmm that’s a great point. I guess he could be released on bail then immediately rearrested on a “felon in possession of a firearm” charge. Would that be enough of an enhancement for his attorneys?
I believe they are paid too much (and safe pointed enough?) to care. They have to try their best so there can be no doubt. At the very least they are prominent enough to know it would look bad if a claim was made against them for negligence.
They already are going to have a hard enough time explaining why they waited so long to file this motion.
That gives me a thought... timeline wise, where does the motion for bail on appeal fit with the civil suit, especially with a lift of the stay in the civil suit?
EDIT TO ADD: I am not a lawyer, but I would assume being out on bail would make it easier to deal with the discovery process and other thorns in their side there. Especially if the Defendants appear to have no hesitation collaborating and sharing discovery that could help his appeal.
Finally an over-privileged, over-enabled, over-protected, less-than-mediocre, remorseless shell of a white dude trying to masquerade as a human being is being taught that money and fame and being 'upstat' cannot get you out of everything!
I don't drink, but I will pour one out for the Honorable Olmedo for this one.
Let’s be honest, her entire ruling is a thing of beauty, but I’m just going to touch on some of my favorites. Judge Olmedo is paying attention.
Danny’s attorneys:
First, for the past 20 years, defendant has led an exemplary law-abiding life devoted to his family, his community and to many charitable and humanitarian causes. That unblemished track record uniquely establishes the strength of his ties to the community and his lack of dangerousness to any other person, including the complaining witnesses in this case.
Olmedo:
…On December 13, 2023, this Court found that defendant was not in compliance with the firearms relinquishment statutory requirements.
Moreover this Court found that one firearm in particular was missing altogether and that contrary to the paperwork previously submitted by defendant, it was not destroyed as he previously had led the Court to believe. Accordingly this Court found probable cause to issue search warrants for the missing weapon. It should further be noted that Jane Doe 1 testified in both trails that defendant held a gun in a manner she felt threatened by while he was engaged in the forcible rape. To argue that defendant has not engaged in continued criminal conduct and does not pose a risk of danger to any of the victims while … guns presently remain registered to him and one gun may still be unaccounted for flies in the face of the facts presented to this Court.
…defendant has failed to address the allegations which are the subject of the related civil suit brought by the victims, specifically that defendant and others acting on defendant's behalf engaged in numerous acts of stalking, harassment and injury to the three named victims in the instant case as well numerous others individuals including the named victims' family members and other former domestic partners of the defendant. The alleged acts and injuries which are the subject of the related civil suit are alleged to have occurred in 2016 and through the date of sentencing in the instant case, 2023. In addition, some of the alleged acts are both tortious and criminal in nature and if true, establish a continuing danger to society.
So, Danny can’t even be an exemplary felon.
Next, her slap down on trying to get the testimony of his 4 homies sealed was nothing short of epic.
Jane Doe 1 has already testified no less than three times, in open court, regarding the forcible rape and her prior sexual contacts with defendant. Each time she was called to testify, Jane Doe 1 was on the stand for days regarding this specific subject matter and was cross examined at length by defense counsel regarding her sexual relationship with the defendant. The Court is hard pressed to find how sealing the witness interviews now, post-conviction, saves Jane Doe 1 any further embarrassment or diminishes the media attention than that which she has already experienced throughout the course of these criminal proceedings.
Thus, it appears that the proffered defense witnesses may wish to hide their identities and statements from the public forum but defendant cites no authority which holds that the desire to avoid unwanted media attention or embarrassment to the witnesses is an overriding interest which overcomes the right of the public to access the record and constitutes good cause justifying the sealing of the records.
And then Danny’s lawyers on him being a flight risk:
Defendant has no practical ability to flee if released on bail. He has surrendered his passport to authorities. He is a publicly recognizable figure due to the international syndication of his television shows, to the extent that he has no place to go where he could be anonymous.
Olmedo:
Most importantly, defendant has failed to adequately address the severity of his sentence. Defendant has been sentenced to two terms of 15 years to life to be served consecutively and is currently in state prison serving that sentence. … In light of the fact that defendant has no wife to go home to, defendant now has every incentive to flee and little reason to return to state prison to serve out the remainder of his lengthy sentence should his appeal be unsuccessful. Based on the severity of defendant's sentence alone, let alone his diminished community ties, defendant poses a risk of flight.
Hmmm if only Danny wasn’t so convinced he was the victim here perhaps people could begin healing.
That "in light of the fact that defendant has no wife to go home to" was a real "whoa" moment for me!!
IKR, I was just open mouthed in awe at the fact that this judge is paying attention.
And even if owning a firearm because he's currently considered a felon wasn't an issue, the owning of multiple firearms alone should be enough to say he poses a potential danger to society.
Hmmm that’s a great point. I guess he could be released on bail then immediately rearrested on a “felon in possession of a firearm” charge. Would that be enough of an enhancement for his attorneys?
I believe they are paid too much (and safe pointed enough?) to care. They have to try their best so there can be no doubt. At the very least they are prominent enough to know it would look bad if a claim was made against them for negligence.
They already are going to have a hard enough time explaining why they waited so long to file this motion.
That gives me a thought... timeline wise, where does the motion for bail on appeal fit with the civil suit, especially with a lift of the stay in the civil suit?
EDIT TO ADD: I am not a lawyer, but I would assume being out on bail would make it easier to deal with the discovery process and other thorns in their side there. Especially if the Defendants appear to have no hesitation collaborating and sharing discovery that could help his appeal.
Me too, I just love this judge. She knows her business and is not intimidated by the organization at all
Wow. The Judge is amazing and fast. Thank you Judge Olmedo.
Finally an over-privileged, over-enabled, over-protected, less-than-mediocre, remorseless shell of a white dude trying to masquerade as a human being is being taught that money and fame and being 'upstat' cannot get you out of everything!
I don't drink, but I will pour one out for the Honorable Olmedo for this one.
Thank God.
I don’t generally read all of the courts rulings. However after just a few paragraphs I was hooked. This is a very smart and thoughtful Judge.
Hell Yeah!!! Denial! Denial! ❤️❤️❤️
Here’s the Cliff Notes: DENIED !!!! Judge Olmedo continues to do an exemplary job.
"I say we take off and nuke the site from orbit. It's the only way to be sure."
🙌🙌🙌 🔥