SHAUN FABOS TESTIFIES: Masterson Trial, Day 9, morning break report
[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.]
Morning session, Day 9 (Oct 24)
There seems to be a lot more action down at the other end of the hall, where the Weinstein trial is going on.
It's early, but there are fewer reporters here this morning (down from about a dozen) and only three people in the gallery. And just Bijou Phillips and one other older woman in the Masterson section (then a man I don't recognize joins them.)
Judge Olmedo on the bench.
Mueller says Shaun Fabos will be the next witness.
Mueller: People have a concern, Fabos in the hall Friday, People have not yet had a chance to admonish him about church policy and so forth. We have some concern based on our interaction with him that he might not be responsive at times and may interject comments.
Olmedo: Even more reason why he and his attorney should be up here right now.
Mueller: One other matter. A number of other consistent statments given by JD1 to Fabos. If we could lead him into that to keep it relevant.
Olmedo: You can certainly lead him into Scientology so it stays consistent with the court's ruling. And you can bring in prior consistent statements. But we can't have the judge pre-judge every single statement...
Goldstein: The defense has concerns, we haven't attacked how Scientology (more)...
Olmedo: I don't think they are trying to bring in prior consistent statements about Scientology.
Goldstein: So in what context will Scientology come in in regards to Fabos...
Olmedo again refers to her ruling about Scientology being allowed in in a limited way. If he wants to bring in that Fabos was also a Scientologist (and a few other areas, but it won't get more broad than that.) She also orders both sides to talk to each other about upcoming witnesses to keep things moving for the jury.
Waiting for the jury.
For what it's worth, Masterson and Cohen seemed to be discussing the resurgence of New York City's football teams in the hallway before the courtroom opened. (Not unusual Monday morning chatter, after all.)
Just got a report that the Rizza Islam trial will be rescheduled this morning.
Back on the record.
Goldstein: We conferred with the state, they want to introduce the entire conversation (Fabos and JD1), but that JD1 did not testify to some of the things.
Mueller: We're not seeking the entirety of the statment to matters she's already testified. She advised Fabos that she had gotten in so much trouble that she got a non-Enturbulation Order, that they went to coffee. Talked to going to his house for a party, clearly remember having a drink, one drink. And then the next thing she was thrown in the jacuzzi and it didn't make sense how it didn't make sense after only one drink. She had woken up in Danny's bed, she never would have done that. Definitely foul play. And Fabos's response was I'm going to beat the shit out of him. Don't do that...
Olmedo: Some of it she didn't testify to, some she did. I think him indicating that he wanted to beat him up, I'm not sure that came up.
Mueller: Not like that. She said something else.
Olmedo: OK, we'll take it on a question by question basis what is consistent. (She reviews that JD1 was on the stand three days, a day and a half on cross, and the court finds that it's appropriate to bring in prior consistent statements.)
Mueller and Anson go out into the hall to admonish Fabos about the court's order on what can be said about Scientology, I think.
Shaun Fabos comes in with his attorney, a woman.
Olmedo: I know it can be unnerving. Take a deep breath, really important to listen carefully to questions and only answer to what is being asked. I've made some very specific rulings about what can come in for certain items, like Scientology. So it's really important to listen very carefully and then wait to answer when the question is over.
Jordan Masterson joins us. Alanna too. Chris Wadhams.
While we wait for the jury, Judge Olmedo cites a couple of cases about prior consistent statements.
Jury in. Shaun Fabos called to the stand. Sworn in.
Deputy DA Reinhold Mueller begins questioning:
Mueller: Do you know a person by the name of [Jane Doe 1].
Years ago we were associates, friends.
How long ago?
Between 18 to 20 years ago.
How long had you been friends 18 to 20 years ago?
A year or two, maybe three?
So what year was it roughly that you became friends?
2000 or 2001.
Once you had become acquainted, you were associates?
I started working for her parents. That's how we met each other.
What were you doing?
I was doing admin stuff for a company.
And this position you had, was this a daily kind of thing?
Five days a week.
And where were you working for them?
It was in Burbank, at a building.
Would it also involve you being at the parents' home?
How long were you working for her parents?
A year, somewhere around that?
Did you remain in contact with them after that?
During that period of time, would you have contact with JD1 as well?
When was the last time you spoke to her?
Six or seven years ago.
What was the circumstance?
She had reached out through her cousin to talk to me.
Did she talk to you?
Was this by phone or in person.
Was there a time when JD1 talked to you in person?
In a coffee shop?
When was that?
Almost 20 years ago.
Who arranged that?
Anyone else there?
When you got to the coffee shop, did JD1 speak to you about certain things that had happend to her involving Daniel Masterson?
Did you know him?
Have you seen him?
Not until three days ago.
Did JD1 talk to you about going to his house in 2003?
An incident that happened there in 2003?
When she talked to you about what happened to her, did she tell you why she was at his house?
I can't remember why.
Do you remember her mentioning whether there were a number of people at the house.
I believe she said there were people, I didn't know they were.
Did she talk about consuming alcohol there?
Yes. I don't remember her words verbatim, but she said she had a drink.
That's how I remember it.
Did she tell you about a jacuzzi?
Yes. (Obj, overruled but restate it.)
Did she tell you anything about having been thrown into a jacuzzi that night?
You were aware that there was a conversation between you and JD1 that would have been March 11, 2017, where JD1 had mentioned certain things to you about what recollections you had that day.
And very recently you had been to our office to review and your recollection as to that?
And it was a recorded conversation, correct?
So if I show you a transcript of that conversation, specifically about a jacuzzi, would it refresh your memory?
Does that refresh your recollection?
It was just a matter of days ago that you made this recorded converstaion, correct?
So I'll ask you again, did JD1 say that she was thrown into the jacuzzi when you were having coffee?
Did you tell JD1 during this conversation in 2017, she said "the next day I was thrown in the jacuzzi or something like that..." Then you go on to another topic.
I'm confused, are you saying I said that or she said that to me?
Olmedo: He needs further clarification.
Mueller: (showing document) this is a transcript of your conversation
And I'm going to ask you to read to the end of the document because I'm going to be asking you questions about that.
So does that refresh your recollection about what JD1 told you?
Did JD1 tell you anything about being thrown into the jacuzzi.
Did she tell you anything about it being unusual for her to have had just one drink and then began to feel like something weird was happening to her body?
Did JD1 talk to you about the temperature of the jacuzzi when she was thrown in?
It's hard for me to recall.
I'll take you back to the same page, see if this refreshes your recollection.
Did JD1 tell you about the temperature of the water?
What did she tell you?
That it was hot.
Did she tell you anything about the combination of the water and the one drink?
What did she tell you?
She said she thought something strange was happening, and that she was getting drunk real fast.
Despite the hot water?
I don't understand.
The fact that she had only one drink and that the water temperature should not have made her tipsy.
She said she could drink me under the table.
My question is not that, that she only had one glass, and just the one drink and being in the hot jacuzzi would not have made her tipsy.
Did she then tell you about waking up in Masterson's bed?
Yes, that she couldn't understand how.
Did she tell you about whether she would have done something like that? (Obj, overruled)
What did she say?
She would not have.
Did JD1 tell you anything about those circumstances being weird to her?
What did she say?
She couldn't understand.
Do you recall her using a particular term?
Not other than what I just said.
(Shows him the document again to refresh his recollection.)
What did she tell you?
"Potential foul play."
Was there more to it?
Potential foul play.
I'll show you again.
Does that refresh your recollection?
She felt that something weird had happened, and there was potential foul play.
OK, I'm going to show you one more time?
She felt that something weird had happend an there definitely was potential foul play.
Was she your friend at this time?
So your friend is telling you what you've just told us about, and you had a response to that?
Your response was very specific?
Do you remember it?
What was your response to this conversation at the coffee shop?
That I would want to punch him in the face.
Did you use other words? (Starts to show document again.0
Olmedo: You can lead him.
Mueller: Do you remember telling her 'I was like, that's not OK, I'm going to beat the shit out of him.' Remember saying that?
And her reaction?
To not to.
To not beat the shit out of him?
I would have to see it.
You said, "You were telling me, don't do that."
Is that what JD1 told you?
To not do that?
And who was "him"?
Do you remember telling JD1 other things you might do to Mr. Masterson?
I'm having trouble remembering everything from the conversion.
But you remember the recording we played for you a few days ago, correct?
(Mueller is showing him a transcript of the 2017 phone call that JD1 made with him, in which he's recounting their 2003 coffee shop conversation.)
Mueller: After you told JD1 that you were going to beat the shit out of Masterson, what did she say?
To not to.
After this conversation in the coffee shop, was there any time she told you something different occurred during that 2003 incident? In other words did she ever tell, Shaun it never happened.
Yes, that did occur.
Did JD1 the tell you why she said that, that it didn't happen?
Yes, years later. She said that she was trying to protect me.
Protect you how? To keep you from getting in trouble for beating the shit out of him?
Did she tell you at any point during this conversation in the coffee shop or later that she had gotten in trouble with the church for reporting (the rape)?
Did she tell you she had been put on a non-Enturbulation Order?
Now, you gave us a description of working for JD1's family. And on Friday you indicated to us for the first time, that you had been on a trip to Florida with JD1.
I can't recall exactly, but about 20 years ago. I was hired to watch her kid, it was a birthday party for her grandfather.
Is that something you remember clearly?
I believe it was his birthday.
Did you know him?
I didn't know his real name, we just called him The General.
You don't recall the exact time you went. Do you remember getting ready for the trip, connecting with people before you boarded the plane?
I don't know what you mean.
When you were on this plane, who with.
[Father], [mother], the grandfather.
What time did you get to their house?
I don't remember.
What time was the flight?
I think we arrived in the morning.
I don't remember.
On Friday when you had come to us after court in the hall, there were certain things you just remembered.
Based on that we took you over to our office and recorded a conversation.
During that little brief interview, you indicated that although you weren't quite sure at one point in the morning, about 9 or 10...
Where did you stay when you got there?
I don't remember what the hotel was called.
Do you where the hotel was specifically?
On the beach.
You described the amount of contact you had with JD1 while in Florida, do you remember that?
I think your words were, JD1 wasn't around much.
You mainly were hanging around the family.
Yeah, my job was to watch her daughter.
You said, it's not like I never spent time with her, but one night I was with her and Rachel having drinks.
Aside from that you hadn't seen her on that trip.
I can't recall.
How long were you there?
I think it was from five to seven days.
Did you fly back with the family?
I don't think everyone flew back at the same time.
And the conversation in the coffee shop, was it before or after you went back?
I can't say.
The coffee shop conversation wasn't in Florida, was it?
Now, while you were in Florida, was there anything you happened to observe about her that caught your attention?
Did you notice any bruises on her body?
And I think you stated Friday, during our interview, when your attorney brought up seeing bruises... (Obj, sustained, rephrase) You were asked about bruises, you said you were never "shown" any bruises.
I was never shown any bruises.
When did you first became aware, or remember, that you were on this trip before.
I was asked.
When in time?
Of last week?
What was the circumstance remembering on Thursday?
I was asked if I went on a trip.
By Masterson's PI.
I believe so.
When did you have a meetingg with Masterson's PI?
When we were sitting right out there.
So you were here in court on Thursday because we had served you a subpoena to testify.
And how did you know Masterson's PI was in the hall?
I didn't. She came up speak to me.
When she came up to speak did she introducer herself as a PI for the defense?
I believe so, yes.
So what did she say to you on Thursday to get you to remember that you had been on this trip to Florida?
Was there a question she asked you before that?
So the first question she asked was, you were on a trip to Florida?
And that just triggered it for you.
She asked me about a trip, did you go on a trip.
Did she ask you any other questions about this trip to Florida.
Just if I was there.
And what did you tell her when she asked about this trip, in terms of whether you were there or not.
I was there.
About what time did you meet her?
Now, you were in our office reviewing that (2017) audio recording at noon, correct?
So you met with the defense PI after listening to the recording.
So there was nothing, listening to that recording, regarding the coffee shop, that made you remember the Florida trip?
Did you recall JD1 talking to you about Florida her having bruises all over her?
I will show you this to refresh your recollection. (Asks him to read highlighted sections.)
Now this again is the transcript... (Just ask the question)
Does this refresh your recollection about her saying she was in Florida and was covered in bruises?
I remember that she mentioned that in that conversation.
I recall from looking at that.
Do you rmember from listening to it Thusrday afternoon?
Do you remember her telling you about what happened in the afternoon on the 25th regarding her father's birthday?
Where she came home?
Do you remember that she went straight home after she came to?
Then she was tlling you about this person [name]
And he had fallen?
And what you remember after the defense PI that the General had a bump on his head?
And that helped you remember that you went on that trip?
(Missed his response.)
Mueller: Were you a member of Scientology in 2003?
I grew up in it, is the best way to expalin
Still a emmber?
I am now.
In fact over the last few years you becamse more involve.d
That's when I really became a Scientologist, in the last few years.
No further questions.
Really strange situation. Mueller seemed to suggest that Fabos's attorney suggested something about him seeing bruises, but then he denied it. And Mueller seemed skeptical about the defense PI suddenly triggering his memory that he'd been on the Florida trip (something JD1 never mentioned).
Definitely some of JD1's testimony bolstered, but the bruising not confirmed as Goldstein seemed to indicate last week. It's going to be an interesting cross-examination.
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He talks like the ethics officer got to him over the weekend. He’s not going to tell the truth on the stand because he will be declared. He will say I don’t remember or tell “acceptable truths.” I hope on cross he gets someone asking him if he talked to anyone about this trial over the weekend.