Karen#1
Well-known member
Excerpt:
Late morning session, Day 8 (Day 4 of testimony), Danny Masterson retrial
Holley: The Purification Rundown, it was helpful to him
JD3: He believed so, yes.
He was in a band
Yes, Mars Volta.
And did you or he bring in another bandmate to do the program?
Yes, ma'am.
When you told him about the Dec 2001 incident, you told him that you felt quote, passed out.
No, ma'am.
Did you tell him when you woke up you felt hungover?
No, ma'am.
I think you testified to this, you told Det Reyes that there were many occasions when you drank so much you didn't remember the night before.
No, ma'am.
Well, I’m pretty sure you testified to this, there were times you drank so much that you couldn't remember part of the evening and you hope you didn't embarrass yourself And you brought it up to contrast it to the Dec incident. (Judge: Already in the record, ask next question.) Did you have past experiences of drinking and not remembering the night? (Obj, overruled)
There have been times when I was drunk, when I was younger and couldn't remember the entire night. That's normal, right?
Now with what happened in December, what is the last thing you remember?
Last thing I remember was getting up from the restaurant to leave, and then it was lights out. No memory.
Do you remember telling Officer Greene of the Austin PD that you don't remember anything after you got home?
I don't know.
That night when you were at the restaurant, I think you said none of your usual friends were there.
That's how I recalled it.
Were there other patrons?
I'm sure.
And I'm assuming there are servers and a host or hostess?
They had one server, Francois, funny guy, and a bartender. It's a pretty small place.
So would it have been possible for Danny to carry you out with no one seeing? (Obj, sustained) Would it have been physically possible for him to carry you up the stairs to the house? (Obj, sustained) I have a photograph, Exhibit G. (Photo of JD3 and Danny. She's several inches taller than he is.)
I think you testified that you are six feet.
Yes, ma'am. I'm wearing four-inch heels.
You are considerably taller than him.
He's 5 ten and a half, right? I remember that's what he would tell people.
So you don't remember telling male officer at the Austin PD that yo don't remember anything after you got home. This is the Austin police department report.
I've never seen that. I don't remember much of that day. I was really scared.
(Holley brings it to her.)
Does it refresh your recollection?
Technically, I don't rememeber. But OK.
Do you remember saying that to the male officer at the Austin PD.
As it's written, no. But these are someone else's words, kind of paraphrasing what I was saying to him.
Well, generally, you understand that a police officer might take down information from you and put it into a report.
I guess it's not technically wrong. I returned home, but I always told people that I don't remember anything after getting up from the restaurant.
After you became convinced that Danny had sexually assaulted or raped JD1, in 2016, you began reaching out to people about your experience?
I reached out to a girl named Beth Riesgraf because I needed someone to confirm what I was hearing, and she confirmed that JD1 had accused Mr. Masterson of raping her.
Thank you. And then you started reaching out to people at that point.
Yes, I told Beth that...
When you were reaching out to various people, the only specific incident you spoke about was the Dec incident, correct?
Yes and that I had reported him to Scientology. and my question was how was there another victim if I reported him for raping me. How was there another victim?
And you wrote to the ethics officer in August 2016 to find out if Danny had been handled for the Dec 2001 incident
Yes, ma'am
And you wrote an email to Brie Shaffer and spoke about the Dec 2001
After I found out that Brie had known that he had raped me and that he had... (Interrupted)... I want people to know this... (Judge explains she needs to answer what she's asked)
And when you spoke to publicist Jenni, you spoke about the Dec 2001 incident.
I told her what happened, yes.
And in the Instagram messages with Maria O'Brien, you spoke about anal rape and passing out.
I told her that I believed he raped me while I was unconscious.
And by Nov 2016, you started to hear that Danny had done something to Jane Doe 2.
Yes.
And you learned that she, Mariah O'Brien, had information about JD2.
She told me that JD2 told her and Binki Shapiro that Masterson raped her.
You asked O'Brien if JD2 had been anally raped or passed out because that's what happened to you?
I may have, yes.
And then you contacted JD2, and you talked about your allegations and her allegations.
No, ma'am.
You didn't speak to her in November 2016?
I did talk to her.
And you didn't talk about what happened?
When you're raped, when you're violated, you don't want to talk about details. It is very painful and you just don't want to talk about those things.
I hear you, and is that part of the reason that you felt you wanted to, that you wanted to talk to JD1 and JD2 because you shared this experience.
No, because I wanted to .. .I didn't know it wasn't past statute and that we could file something.
The person you spoke to on the RAINN hotline, if you're in a relationship and if they have sex with you when you're unconscious, is that rape?
I had a lot of questions, but that is one I asked them.
And then shortly after that, you spoke to the Austin PD.
Yes, ma'am.
And that's 15 years after the incident.
I'm trusting you, yes.
And we have the report, and I think you spoke to a male desk officer.
Yes, ma'am.
Do you receall tellling him about the Dec 2001 incident? the anal penetration incident.
Rape. I don't think so. I feel like I walked up and just told him I wanted to file a report about rape. and then he got me a detective.
When you were looking at the Austin PD report, you saw that it included additinoal information, right? It talked about what happened at La Poubelle, and what you were there to complain about. I guess what I'm asking is, the report sets forth information beyond just I need to talk to a detective.
I don't know what you're asking.
That desk officer, the male, did he connect you with a victim services counselor?
The desk officer?
Let me withdraw that. Were you connected with a victim services counselor shortly after you talked to the police?
No, ma'am. It was after I spoke to a desk officer and a detective, a woman came and gave me some pamphlets and information.
Did you talk to her about what Danny did?
I don't think so. She was just offering me resources and things like that.
I have a report concerning what you spoke with the victims services counselor about. Just look at it. (Hands it to JD3.)
Oh, he was born in 1974. (She points out something on the form to Holley, and they engage in a little banter that's hard to hear. Judge Olmedo: OK, let's refrain from the small talk.)
So you've had an opportunity to look at the report of the victim services counselor.
I honestly don't remember speaking to her in detail. But if she says I did, then I did. I remember speaking with the detective about stuff.
OK. When Reyes and Viegas talked to you (in Austin), did they talk to you the next day, too?
I thought so, but I was told no.
And then you spoke to the FBI, agent Welch.
Yes.
And then the letters you wrote to LAPD Chief Beck, going to show this to you because we couldn't figure out the date. February 21 here, and we didn't know the date of the earlier email. The first one, Febraury 21, is it true that you wrote, I was raped by my former boyrfiend while I was unc nearly 15 years ago.
Yes.
And you also wrote about your communication with RAINN.
Yes.
You never mentioned any other incident besides the Dec unconscious sodomy, in that email.
If you say I didn't, I didn't
And in the March 15 letter, and you were complaining about Det Reyes' investigation, you suggested that the entire LAPD was on the side of Scientology.
I don't think I said that. The Hollywood Division yes, they had a kiosk in their waiting room, and they take money, and Capt Cory Palka is under investigation, I read that. Something's going on there.
My question about the March email is that you mentioned brutally raped in your anus while unconscious, but you don't mention any other incident.
RAINN told me I could report it. And there was evidence that I reported it to Scientology right after it happened. And when Det Reyes was asking about other times, I was telling her about any other that happened.
Here’s the link to today’s post at tonyortega.org
Late morning session, Day 8 (Day 4 of testimony), Danny Masterson retrial
Holley: The Purification Rundown, it was helpful to him
JD3: He believed so, yes.
He was in a band
Yes, Mars Volta.
And did you or he bring in another bandmate to do the program?
Yes, ma'am.
When you told him about the Dec 2001 incident, you told him that you felt quote, passed out.
No, ma'am.
Did you tell him when you woke up you felt hungover?
No, ma'am.
I think you testified to this, you told Det Reyes that there were many occasions when you drank so much you didn't remember the night before.
No, ma'am.
Well, I’m pretty sure you testified to this, there were times you drank so much that you couldn't remember part of the evening and you hope you didn't embarrass yourself And you brought it up to contrast it to the Dec incident. (Judge: Already in the record, ask next question.) Did you have past experiences of drinking and not remembering the night? (Obj, overruled)
There have been times when I was drunk, when I was younger and couldn't remember the entire night. That's normal, right?
Now with what happened in December, what is the last thing you remember?
Last thing I remember was getting up from the restaurant to leave, and then it was lights out. No memory.
Do you remember telling Officer Greene of the Austin PD that you don't remember anything after you got home?
I don't know.
That night when you were at the restaurant, I think you said none of your usual friends were there.
That's how I recalled it.
Were there other patrons?
I'm sure.
And I'm assuming there are servers and a host or hostess?
They had one server, Francois, funny guy, and a bartender. It's a pretty small place.
So would it have been possible for Danny to carry you out with no one seeing? (Obj, sustained) Would it have been physically possible for him to carry you up the stairs to the house? (Obj, sustained) I have a photograph, Exhibit G. (Photo of JD3 and Danny. She's several inches taller than he is.)
I think you testified that you are six feet.
Yes, ma'am. I'm wearing four-inch heels.
You are considerably taller than him.
He's 5 ten and a half, right? I remember that's what he would tell people.
So you don't remember telling male officer at the Austin PD that yo don't remember anything after you got home. This is the Austin police department report.
I've never seen that. I don't remember much of that day. I was really scared.
(Holley brings it to her.)
Does it refresh your recollection?
Technically, I don't rememeber. But OK.
Do you remember saying that to the male officer at the Austin PD.
As it's written, no. But these are someone else's words, kind of paraphrasing what I was saying to him.
Well, generally, you understand that a police officer might take down information from you and put it into a report.
I guess it's not technically wrong. I returned home, but I always told people that I don't remember anything after getting up from the restaurant.
After you became convinced that Danny had sexually assaulted or raped JD1, in 2016, you began reaching out to people about your experience?
I reached out to a girl named Beth Riesgraf because I needed someone to confirm what I was hearing, and she confirmed that JD1 had accused Mr. Masterson of raping her.
Thank you. And then you started reaching out to people at that point.
Yes, I told Beth that...
When you were reaching out to various people, the only specific incident you spoke about was the Dec incident, correct?
Yes and that I had reported him to Scientology. and my question was how was there another victim if I reported him for raping me. How was there another victim?
And you wrote to the ethics officer in August 2016 to find out if Danny had been handled for the Dec 2001 incident
Yes, ma'am
And you wrote an email to Brie Shaffer and spoke about the Dec 2001
After I found out that Brie had known that he had raped me and that he had... (Interrupted)... I want people to know this... (Judge explains she needs to answer what she's asked)
And when you spoke to publicist Jenni, you spoke about the Dec 2001 incident.
I told her what happened, yes.
And in the Instagram messages with Maria O'Brien, you spoke about anal rape and passing out.
I told her that I believed he raped me while I was unconscious.
And by Nov 2016, you started to hear that Danny had done something to Jane Doe 2.
Yes.
And you learned that she, Mariah O'Brien, had information about JD2.
She told me that JD2 told her and Binki Shapiro that Masterson raped her.
You asked O'Brien if JD2 had been anally raped or passed out because that's what happened to you?
I may have, yes.
And then you contacted JD2, and you talked about your allegations and her allegations.
No, ma'am.
You didn't speak to her in November 2016?
I did talk to her.
And you didn't talk about what happened?
When you're raped, when you're violated, you don't want to talk about details. It is very painful and you just don't want to talk about those things.
I hear you, and is that part of the reason that you felt you wanted to, that you wanted to talk to JD1 and JD2 because you shared this experience.
No, because I wanted to .. .I didn't know it wasn't past statute and that we could file something.
The person you spoke to on the RAINN hotline, if you're in a relationship and if they have sex with you when you're unconscious, is that rape?
I had a lot of questions, but that is one I asked them.
And then shortly after that, you spoke to the Austin PD.
Yes, ma'am.
And that's 15 years after the incident.
I'm trusting you, yes.
And we have the report, and I think you spoke to a male desk officer.
Yes, ma'am.
Do you receall tellling him about the Dec 2001 incident? the anal penetration incident.
Rape. I don't think so. I feel like I walked up and just told him I wanted to file a report about rape. and then he got me a detective.
When you were looking at the Austin PD report, you saw that it included additinoal information, right? It talked about what happened at La Poubelle, and what you were there to complain about. I guess what I'm asking is, the report sets forth information beyond just I need to talk to a detective.
I don't know what you're asking.
That desk officer, the male, did he connect you with a victim services counselor?
The desk officer?
Let me withdraw that. Were you connected with a victim services counselor shortly after you talked to the police?
No, ma'am. It was after I spoke to a desk officer and a detective, a woman came and gave me some pamphlets and information.
Did you talk to her about what Danny did?
I don't think so. She was just offering me resources and things like that.
I have a report concerning what you spoke with the victims services counselor about. Just look at it. (Hands it to JD3.)
Oh, he was born in 1974. (She points out something on the form to Holley, and they engage in a little banter that's hard to hear. Judge Olmedo: OK, let's refrain from the small talk.)
So you've had an opportunity to look at the report of the victim services counselor.
I honestly don't remember speaking to her in detail. But if she says I did, then I did. I remember speaking with the detective about stuff.
OK. When Reyes and Viegas talked to you (in Austin), did they talk to you the next day, too?
I thought so, but I was told no.
And then you spoke to the FBI, agent Welch.
Yes.
And then the letters you wrote to LAPD Chief Beck, going to show this to you because we couldn't figure out the date. February 21 here, and we didn't know the date of the earlier email. The first one, Febraury 21, is it true that you wrote, I was raped by my former boyrfiend while I was unc nearly 15 years ago.
Yes.
And you also wrote about your communication with RAINN.
Yes.
You never mentioned any other incident besides the Dec unconscious sodomy, in that email.
If you say I didn't, I didn't
And in the March 15 letter, and you were complaining about Det Reyes' investigation, you suggested that the entire LAPD was on the side of Scientology.
I don't think I said that. The Hollywood Division yes, they had a kiosk in their waiting room, and they take money, and Capt Cory Palka is under investigation, I read that. Something's going on there.
My question about the March email is that you mentioned brutally raped in your anus while unconscious, but you don't mention any other incident.
RAINN told me I could report it. And there was evidence that I reported it to Scientology right after it happened. And when Det Reyes was asking about other times, I was telling her about any other that happened.
Here’s the link to today’s post at tonyortega.org
