SCIENTOLOGY GRAND JURY PROBE ONGOING: Danny Masterson Re-Trial, Day 2, lunch 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…
We're in the courtroom with the prosecution team, which has arrived early, Deputy DAs Reinhold Mueller and Ariel Anson.
While we're waiting, Judge Olmedo is handling a case of a 1991 murder. Wow, is she tough. A public defender had wanted some additional time on a question of law after an appeals court had reinstated a sentence. But Olmedo was not having it. (The case involved a gang member who opened fire from one car and shot four people in another car, killing one of them. He was 16 at the time, absconded to Mexico for a decade, and then was tried as a juvenile and then sentenced later as an adult.)
It was something to see Judge Olmedo handling such a serious affair. She was tough.
Defense attorney Shawn Holley has arrived.
Judge Olmedo has returned to the courtroom.
To give her a sense of how things will go, Judge Olmedo tells Holley that she will have attorneys here at 8:30 am and then the jury here at 9 am each day.
They're discussing some days off, and it sounds like the court will be dark on Monday May 8. (I will ask for a trial schedule today from the clerk.)
The defense team arrives.
Danny Masterson is again wearing a dark colored suit with a lighter grey shirt and a light blue tie.
Defense attorney Philip Cohen is wearing a light tan colored suit with white pinstripes. A light pink shirt and a darker pink tie, two-tone brown saddle Oxford shoes. It's a bit more eye catching than yesterday's ensemble.
Judge Olmedo back on the bench.
She is going over requests by potential jurors to get out of service for medical reasons.
"I will apologize to all of you, same jokes," Judge Olmedo says to the attorneys, as she prepares for another group of potential jurors to come in.
Judge Olmedo asks if any good movies are out now. Masterson said he saw Air and that it was "well made and fun." They then compare notes about some superhero movies.
Holley and Anson are going over the juror requests.
Judge Olmedo brings up changes in penal code 231.7, and that it became an issue in her last trial, about peremptory challenges to potential jurors.
They go on the record. Juror 118 is scheduled for surgery. 76, 43, 19, all have asked for medical reasons to be excused. Both sides stipulate to excusing them.
Judge Olmedo brings up a good question: As for the defense, do they want her to automatically refer to Mr. Cohen? (In other words, who is the lead attorney?) She says to give her an answer by Thursday.
On the prosecution side, Mueller is still the one she will address.
Holley asks to approach the bench. The four attorneys go to the bench to speak with Judge Olmedo. I can hear that they are discussing something to do with the grand jury investigation of Scientology and a subpoena.
Back on the record. Judge: Holley you are requesting for information to see the actual subpoena regarding documents given to you.
Mueller: People would object to production of the actual subpoena based on the nature of the subpoena. There is information that would be protected for reasons we talked about at sidebar.
Judge: The court is not going to order the turning over the subpoena itself. (She discusses why it is not subject to discovery.)
Judge Olmedo asks Mueller: The investigation we're referring to, is that still ongoing?
Mueller: It is.
Judge: Because of the ongoing nature of that proceeding, it would be inappropriate to provide that subpoena.
Well, based on what we could hear, it appears that Holley asked for something related to the grand jury investigation of Masterson and Scientology, and Mueller just acknowledged that the investigation is still going on. Very interesting.
Judge Olmedo is now going through some basic operations in her court, as far as who can be at each table, who should be speaking, how she wants objections to be handled, etc. She is saying she doesn't want as many sidebars this time. If they want to make a record of objections, they can do it at the end of the day in order to limit the sidebars.
Judge: During the first trial, at various times each side interjected things about their personal lives, families. If it's not in evidence, you cannot talk about it. Mr. Mueller, I don't want to hear about growing up on a farm. Mr. Cohen, I don't want to hear about your sons.
She asks that they refer to the past trial as the "October 2022 proceeding." And not to refer to it as "the first trial."
OK, third set of potential jurors are being brought in.
Judge Olmedo greets them. Welcome to 105, you are here because there's a trial, etc.
The parties introduce themselves.
This time Danny Masterson stood up and said "good morning." But not with as much effort as he did during the first trial.
Judge Olmedo introduces the other figures in the court, explains what the court reporter is doing and why it's important to speak clearly.
They are asked to stand and take their oath.
How many have been through this? About a third.
She explains the questionnaire to them, and that they will be filling it out today and then coming back tomorrow afternoon.
She sends them out to the hallway to fill in the questionnaire.
She gives them the separation admonition. That they be on time, that they do not talk about the case, and do no research on it.
Again, she tells them these are really excellent lawyers and an interesting case.
The potential jurors exit.
Judge Olmedo says that's it until 1:30 for the fourth and final set of potential jurors.
So now we have a very long lunch break until then. We may even leave the courthouse this time.
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I fully approve of the grand jury investigation still going on. It's more than time that the criminal organisation known as the "church" of $cientology is held responsible for the things it coerces its members to do (while lining the off-shore accounts of defendant David "he is NOT insane!" Miscavige).
Again, Tony, we are so appreciative of you and all you are doing to make us feel included.