The criminal rape trial of “That ’70s Show” actor Danny Masterson made a familiar move in the cross-examination of accuser Jane Doe No. 1 on Friday, with the judge clearing the room to warn the interrogating attorney — only 15 minutes into the testimony. . And it wasn’t the only time.
Judge Charline F. Olmeida asked the jury to leave because defense attorney Philip Cohen continued to pressurize the woman, known at trial by the pseudonym “JB”, which she described in her statements to police in 2004 and later in 2017. seen as conflicting testimony between The exchange between Cohen and JB heated up as Cohen asked if there were discrepancies between the reports that were taken 13 years apart.
“No,” JB eventually snapped. “I looked at the 2004 report and it was a report of injury, not rape. I was in a lot of trouble.” JB was clearly infuriated, saying, “I reviewed a report, flagged an injury report. I think the problem is that your date and assumptions are wrong.”
“Really?” Cohen replied, his voice rising an octave, before pulling himself back and moving on to another question.
Soon after, Olmeida called for a break.
“Things seem a little heated or emotional between Witness Mr. Cohen,” the judge said with the jury and witness from across the room. “I know Mr. Cohen that there are some statements that you can consider … But it is not fair to argue with him about your knowledge of the case before the jury. There is a tone … the way You phrase your questions that not only border on logic but are incredibly condescending. I would ask you to lower your tone.”
When testimony resumed, Olmeida instructed JB to answer only the questions asked, not to interrupt and to let the judge know if he needed a break.
Upon redirection, Deputy District Attorney Reinhold Mueller eventually came under questions about the difference in her mind between vaginal and anal penetration during the alleged 2002 rape. JB had testified that she initially believed vaginal sex was consensual but anal penetration was not, but changed her mind in 2018.
Holding back tears, she said that she realized that anal penetration could not have been consensual at the time, “because I’ve had vaginal sex before but never [anal] and i was scared [it] And at that time I believed that our religion prohibited it.”
When asked if she was referring to Scientology, she replied “right.”
Mueller then asked how his beliefs had changed. JB replied, “I had my first doctor.”
Mueller then asked how her views about her religion had changed—she grew up in Scientology, but has since moved on—to which Cohen objected.
Olmeida called another recess, and Cohen argued that JB talking about his physician meant that doctor/patient privilege was violated. The judge replied, “You cannot present in this court that a person visiting a physician constitutes a breach of privilege.”
Mueller also pushed back on Cohen’s cross, saying that the defense had “opened the door that law enforcement and the DA’s office is directing JB,” while Cohen was upset by more references to Scientology.
Olmeida said she was concerned with the questions from both lawyers, and reiterated that she would be fine with JB about how leaving Scientology and talking to People changed JB’s opinion, “but we don’t necessarily get into those specifics.” ”
Scientology went big when testimony resumed. Mueller asked JB when he told his parents about the alleged assault. He said that he told his father about the 2003 incident and had earlier told him about the 2002 incident.
JB also spoke about his fear of being declared an “oppressive person” and being separated from his family. She broke down, responding, “Because I thought I wouldn’t have that much trouble going to the police. Maybe they would listen and do what was right and I wouldn’t offend them at the last level. I thought I’d take the crime.” I can report and keep my family.”
Mueller later testified in the case to ask him about his concerns about harassment and retaliation. JB stated that he fears persecution and retaliation from “his people and his faith” (namely Masterson), and that his fear was not only for him but also for his three children.
Olmeida directed the jury that Masterson has never personally been accused of stalking or harassing a witness and has not been charged with doing so.
After further testimony after lunch, JB was eventually dismissed as a witness, after three days of graphic testimony that asked a juror to pardon “concerns”.
Masterson was formally charged in 2020, but the charges first surfaced in 2017 when a blogger covered Scientology informed of Detectives were investigating the actor after three women came out with allegations of rape and assault. The women claim that they came into contact with Masterson through the Church of Scientology in the early 2000s, and have each said they were pressured by the Church to remain silent.
Masterson has denied all wrongdoing. If found guilty, he could face up to 45 years in prison.
