JANE DOE 3 POST-BREAKUP PROBED: Danny Masterson Trial, Day 11, lunch 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.]
Late morning session.
The court has filled up more now. With the gallery mostly full, about 10 reporters, and a mostly filled family section.
Continuing cross-examination of Jane Doe 3.
Cohen: When you called the rape hotline (Oct 2016), prior to that, you had spoken with Jane Doe 2.
Yes sir, I found out about her and...
And JD2 is the third named victim in this case.
(Olmedo goes through the association of JD1, JD2, JD3)
Cohen: You also spoke to Jane Doe 1.
Is it your position that when you called the rape hotline, you had mentioned to the hotline person the November 2001 allegation? (Misstates testimony) Did you tell the rape hotline the Nov 2001 incident?
I don't recall, I just remember asking them questions.
After speaking with the hotline, you then went in person to the Austin PD?
It was after, yes.
In preparation of going to Austin PD, you put your thoughts what you were going to tell them?
Yeah, I had a piece of paper and I wrote down certain facts.
You wanted to be clear when you spoke to Austin PD.
I wanted to be clear, yes.
When you spoke to Austin PD, both an officer and then a detective?
They went to get a detective.
And when you said they.
THe first person you spoke to.
YEs, I don't remember their name.
And you told them why you were there.
And you told them you were there to report sex assualt from Dec 01.
I believe I said I was there to report a rape.
Would it help to refresh your recollection to report.
You're asdking me what I told the front desk officer?
Yes, Off Green, did you tell him it was a sexual assault from Dec 01.
I may have.
When you say that, would it help to refresh your recollection to look at an Austin PD police report?
Sure, I've never seen a report.
(Brings her a document.) Does that refresh your memory?
Did you tell the desk officer you were there to report a sexual assault in Dec 01?
That's what it says.
I know what it says, is that what you did?
I don't remember, but I must have, yes.
You went on to tell the desk officer about the assault.
I remember speaking to a detective, that I was there to report a rape and pretty quickly eh went and got a detective.
You were talking about the Dec 01 sodomy, a single incident.
I don't like you're using the word sodomy because it was extremely damaging to me.
I'm not trying to minimize anything you're saying. I'm trying to find what you told Austin PD, a singular incident you believed was a rape.
And the rape you reported in Dec 2016 was the Dec 2001 anal sodomy, unconscious, that you talked about. You made no mention to Austin PD of the November 2001 incident in this case, correct?
They did not ask me about other times.
You spoke to someone labeled VS, a Victim Support, a Miss McCullough.
I don't know the name, but they had a crisis, I don't know what it's called, but she gave me some brochures and things like that.
Did you tell, I understand her name to be Miss McCullough, or do you want me to say crisis woman (Olmedo: The court will direct you to use 'crisis woman.") Did you tell the crisis woman that you were there to report a violent rape while you were unconscious?
I'm not sure what, I can't tell you what I told her.
Would it help to refresh your recollection by looking at a report prepared by her?
I don't know. Sure.
(Brings her a document) Does that help refresh your memory of what you told the crisis woman?
No, but it's obvious that's waht I said because that's what happened.
Did you tell the crisis woman that you were there to report a violent rape while you were unconscious?
That's what it says, yes.
Is it fair to say you never told her about a November 2001 incident?
I don't know what she asked me. I was reporting what I had reported to the Church. And RAINN had told me I could report it because I had been lied to. So that's what I reported.
My question is, when you went to Austin PD, you were truthful?
I've been truthful at all time.
Did you tell them about the November 2001 incideent?
I answereed everyone's questions honestly.
So when you said what you told them, you answered honestly.
To report a rape, yes.
So when you told the crisis woman you were there to report a violent rape, you were referring to the December 2001 incident.
After the Austin PD, you next talk to Det Reys (LAPD).
And she ends up coming to Austin to speak with you.
She did, yes.
And when you spoke to Det Reyes, what you indicated to her was that you had reported a sodomy or anal rape that had occurred in Dec 2001, correct?
Throughout your discussion with Reyes, you referred to "an incident."
I don't know.
Do you remember your interview with her?
When you referred to an incident, you were referring to the Dec 2001 sodomy that you talked about, correct?
I don't believe I ever used the word sodomy.
You were referring about the anal incident when you were unconscious in Dec 2001.
When someone has sex with you when you are unconsious, that is rape, sir.
When you spoke to Det Reyes, you were referring to the Dec 2001 incident?
That's what I reported, yes.
Let's talk about that Dec 2001 incident. Would it be fair to say that, given that it's 21 years old now, there may be details that you don't remember or are clear on. Prior to when you went unconsious. Do you understand the question?
You said you went to dinner, had some wine, and went unconscious.
I want to talk about the time before you went unconscious. Is your memory of events leading up to it, is that memory clear?
That's what I remember.
I understand that, is what you remember leading up to the blackout, is that clear in your mind as you sit here?
Well, it wasn't...could you ask it again, I'm sorry.
Do you remember what you ate?
I had sort of an idea.
Have you indicated to DA Mueller, that you did not have a good memory of what you ate?
I can't be certain...
I want a yes or no, did you tell DA Mueller did that you did not have a good memory of what you ate?
I feel like I have an idea, but I don't want to speak what I'm not certain of.
Remember who was there?
I remember his group of friends were not there.
Is it a fair statement that you told Mueller that you didn't have a good memory who was there?
I wouldn't know strangers.
I'm asking what you told Mueller.
I don't remember the questions, so I don't know what my answers were exactly.
The restaurant, La Poubelle...
The Trash Can, in French.
This is a place you went to quite a bit.
Multiple times a week?
So they knew you.
The owners and the owner's daughter.
The wait staff.
There was a lot of turnover.
But you went there often enough...
There was one waiter, his name was Francois. I knew him.
Do you remember specifically how much you had to drink before the blackout?
Did you tell Det Reyes, "maybe" two glasses of wine?
I remember telling her one and said "maybe two" to be completely truthful.
Is it fair to say you might not have a specific memory of exactly how much you had to drink, given how long it's been?
It would not be fair.
You said you don't remember if you went to the bathroom.
To say for certain, truthfully under oath, that's correct.
Having nothing to do with that night, there have been other occasions when you've had something to drink and not had a good recollection of what happened the night before, is that fair? Other times when you would drink that you wouuld blackout?
I never blacked out. There are times when I drank -- when I would drink -- that the next day I wouuld say what happened last night?
And you spoke to Det Reyes about the times you would black out (Olmedo: Misstates the testimony.) The times you are spoken about, the times you drank and didn't remember everything the next day, that was when you were Masterson?
You're confusing me.
The nights you drank and didn't remember everything.
Sometimes I would forget where I put my keys.
Sometimes you would drink and not remember where your keys or your purse were?
And these are when you were Masterson?
I'm just saying these thigns happened when I drank, but I never blacked out.
I understand that, but these times when you would forget where your keys were, this was when you were dating Masterson?
During the time you were with Masterson, there were times you would drink and the next day not remember what happened?
That's not entirely correct, no. That's not correct.
Were there times you would wake up and think to yourself, what did I say last night?
When I was drunk. Is that unusual?
There were nights when you would drink and say, what did I do?
I think I would know what I would do. But would I remember every detail, when I would drink? No.
Were there times you would ask yourself, did I embarrass myself? (Obj, sustained.)
Did you ever go back to La Poubelle after that (Obj, sustained) How tall are you now?
Between 5-11 and 6 foot tall?
Did anyone at La Poubelle ever tell you that they saw you carried out? (Objl, hearsay) Did you remember how you left La Poubelle?
Do you remember how you appeared?
I have no memory.
Were you able to speak?
I have no memory from when I got up to leave.
[Photograph of steps up to the Hollymont house] Do you remember how you got up these stairs?
I would love to know.
Is that a no?
I don't know, I have no memory.
You said it felt like food poisoining
I thought I was poisoned?
Poisoned or food poisoning.
I had food poisoning one time, and my joints hurt and my body was really aching.
When you spoke to Cedric, the 2010/2011 conversation. Did you tell Cedric that you felt you had passed out?
Did you tell him when you awoke you felt hungover?
So after Dec 2001, that was like the breaking point for you.
You'd had it with him.
I'd had it with him, sure. Yes.
You were done with the relationship.
Not completely. I was hoping that he would get help. And I was hoping that he would want to fix what he did. And he did not. That's when I was done.
So in February 2002, you break up with him.
After you broke up with him, the two of you stayed in regular contact?
Regular, no sir.
You said in the Winter of 2002, you heard of some plane incident with Masterson and other people on his show.
I am not certain of the date, I just remember it was cold.
The end of 2002?
Yes, because we were broken up.
Some kind of potential carbon monoxide incident?
From what I remember him telling me.
When you heard about that you were concerned about him?
For sure, yes.
And you went over to his house to see him.
He said he wanted to see me.
And you went over on your own.
And it was just the two of you, correct?
Maybe? I don't know.
You then mentioned the other day that there was one night when you and Masterson were at a party together.
I'm sorry, at the same party.
And you indicated you were drinking at the party.
And you mentioned you went back with him to the Hollymont house.
And you didn't memtion that Mr Masterson forced you to go?
No he did not.
You're no longer living there.
I'm no longer living there.
At some point you start having sex?
I think it was kind of going, it was about to go in that direction, and I remember crying and sitting on the floor.
When you started to fool around in some way, you start crying, correct?
You sat on the floor.
And he immediately stops any kind of sexual interaction?
And it sounded like at some point during that night you were outside in the back of the house, correct?
I thought you had indicated during this night that there was now a jacuzzi at the house. Did I get that wrong?
That was another night?
(She describes the night after the airplane thing and says it was the jacuzzi, but I thought that's what Cohen was describing. This is very confusing, they are speaking about two different incidents. Finally becomes clear there was the first night after the breakup that she saw him, something sexually starts to happen, and he stops. Then later the plane incident, she goes over, and she sees the jacuzzi.)
That night (after the plane incident) there wasn't any sexual interaction?
There was not. I think I hugged him.
After the party, that was in about March 2002?
It was hot. I remember what I was wearing. So maybe early summer.
So summer 2002 is the party. Winter of 2002 is the plane incident, right?
(She says the plane incident was around Mardi Gras, and it's obvious neither of them is very sure when that occurs. They settle on March.)
At some point, while you're still living in LA, sometime in 2002 or early 2003, correct?
I'm confused. (I think everyone is.)
At some time does Masterson call and ask if he can come over to your house?
I'm confused when you're speaking of.
Was there a time he came over to your house?
Did you know he was coming?
You had not been drinking, correct?
I don't know.
At no time during this evening did you start crying, correct?
I don't believe so.
And if I understand, you and he had sex.
By the way, when you interviewed with Det. Reyes in Jan 2017, did you tell her that you had had sex with Masterson post-breakup?
I don't remember her questions.
When you interviewed with Mueller in June 2017, did you tell him that you had had sex post-breakup?
If he would have asked me I would have told him.
Do you remember telling Mueller, I told you everything?
No beause I didn't.
You then moved to New York when?
Were you happy to have moved there? (Irrelevant) You made some new friends there?
Yes, I did. Well, I met them here.
But they were in New York?
At some point there, you and Masterson started talking again?
He would like check in with me every so often. So we weren't talking again, that would not be correct.
So it would be, hey how are you doing.
"Hey, who are you hanging out with."
So at one point Masterson is staying in NY?
And you were going out with your friends.
He wanted to meet these friends.
And you didn't want to be abused in front of these friends.
He is very charming around other people, and he really wanted to meet this friend of mine.
My question is, you didn't want to be abused in front of your friends?
He wouldn't do that.
You didn't want to be scared in front of your other friends?
Olmedo: We're going to take our lunch break now. (Sends out the jury and witness.)
Olmedo: Mr Cohen, I'm trying to give you leeway, and I think I understand your style and you're trying to tell a story. That's what argument are for and you're asking things that have been asked and answered. When you're saying you don't want to be embarrassed in front of your friends, you're just tryign to make an argument. I want you to limit that.
Cohen: I understand.
Olmedo: We're at recess.
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