One of Danny Masterson’s alleged rape victims admitted on the witness stand that over a 14-year period, she changed her story about what happened between her and the actor in their first sexual encounter at his house in September 2002.
Jane Doe #1 has testified that when she went to Hollywood police in 2004 to report Masterson for rape, she told the cops that the sex they had during that tryst was consensual.
But under cross examination Thursday by the That ’70s Show star’s attorney, Philip Cohen, she agreed that when she was interviewed by Deputy District Attorney Reinhold Mueller in 2018, she had ‘changed her position.’
She told the jury that by the time of that interview she had ‘changed her view’ and she now believed her sex with Masterson in September 2002 was ‘not consensual.’
The third day of Scientologist Danny Masterson’s rape trial was held Thursday in a Los Angeles court
Jane Doe #1 testified that when she went to police in 2004 to report Masterson for rape, she told the cops that they had consensual sex. But under cross examination Thursday she agreed that when she was interviewed in 2018, she had ‘changed her position’
The alleged victim admitted that she ‘never said no’ to the vaginal sex she had with Masterson, but she did not consent to him penetrating her anally, which she has accused him of
The alleged victim admitted that she ‘never said no’ to the vaginal sex she had with Masterson that night, but she did not consent to him penetrating her anally, which she has accused him of.
When Cohen suggested to her that ‘Mr. Masterson’s penis touching your anus may have been accidental,’ she answered ‘No.’
And when the attorney asked if Masterson apologized to her after the anal contact, she told the court that he did, ‘but much later.’
Masterson is not charged in connection to the 2002 incident, but is charged with raping Jane Doe #1 the following year.
Judge Charlaine Olmedo took exception to Cohen suggesting to Jane Doe #1 that prior to the September 2002 incident, she was ‘taking a break from alcohol’ because of a bad experience.
Clearing the jury from the courtroom, the judge told Cohen, ‘Any witness’s substance use whether it’s alcohol or drugs is off limits. ‘It’s inappropriate character evidence and we’re not going to go there.’
Cohen argued that asking Jane Doe #1 about her tolerance for alcohol was ‘absolutely appropriate.’
He blasted the prosecution’s ‘inference’ that Masterson had spiked his alleged victims’ drinks with ‘drugs, molly or roofies,’ saying that no evidence existed of such ‘nefarious’ behavior.
Cohen tried to cast doubt on Jane Doe 1’s claim that he pulled a gun on her during their second sexual encounter in April 2003.
When she went to Hollywood police in June 2004 to make a report that Masterson had raped her, she told Officer Alexander Schlegel that the actor had ‘pulled out a gun,’ she told the court
But when Cohen asked her if Schlegel mentions in his report that Masterson pulled out a gun, she responded, ’No.’
The morning after the April 25 incident, Jane Doe said she saw and spoke to friend and fellow Scientologist Luke Watson at Masterson’s house as she was leaving, the court heard.
‘Did you tell Luke Watson that you had been raped?’ asked Cohen. ‘No, she replied.
‘Did you tell Luke Watson that you had been choked?’ he asked. ‘No’ she again responded.
‘Did you tell Luke Watson that Masterson had pulled a gun on you? he asked. Again, the answer from Jane Doe 1 was ’No.’
Jane Doe #1 described how Masterson allegedly threw her in his jacuzzi, raped her and then pulled a gun on her, telling her, ‘Don’t say a f***king word.’ Masterson is seen in a court sketch
The alleged victim admitted to the jury that by the time she was interviewed in 2018, she had ‘changed her view’ and she now believed her sex with Masterson in September 2002 was ‘not consensual’
Masterson’s family and friends were at court Thursday to support the actor
On Wednesday Jane Doe #1 told the court that Masterson had grabbed her throat and ‘squeezed real hard’ during the alleged rape in 2003.
‘I thought I was going to die, that he was going to kill me,’ she said
The woman, now 48, broke down sobbing in the witness box as she recounted her harrowing story and Judge Olmedo called a 10-minute recess for her to regain her composure.
In the second encounter at the actor’s house, Masterson handed her a ‘really sweet, fruity’ drink with vodka in it, she said. And later he grabbed her wrists and told her she was going in his jacuzzi.
She said no, and tried to resist, but, after drinking half the cocktail, she added, ‘I felt weak. I had no strength.’
He got her out to the yard and threw her partially clothed into the jacuzzi, where, she told the court. ‘I did not feel good – I felt like I could fall asleep and slip under the jacuzzi water,’ she said.
‘My breathing was shallow. Something was wrong. I couldn’t see. I couldn’t open my eyes.’
Feeling nauseous and wanting to be sick, she managed to get out of the hot tub and Masterson carried her upstairs to his bathroom where he stuck his fingers down her throat to make her vomit, the court heard.
The court heard how Masterson threatened one of his rape accusers with a gun if she told fellow Scientologist Lisa Marie Presley about the alleged abuse
She passed out, she said, but awoke to the sound of Masterson’s voice saying ‘You’re f***ing disgusting. You just vomited all over your hair. You have to go in the shower. He dragged me into the shower.
‘In the shower I came to. I was on the floor and he was stroking my breast with his hand.’
Masterson picked her up, told her to his bedroom and ‘threw me on the bed,’ she added. ‘I passed out.
‘When I woke up he was on top of me and his penis was inside me. I had no clothes on.’
She told the jury that she told Masterson to stop, grabbing a pillow and pushing it into his face to push him away.
‘But he shoved it back into my face harder. I was smothered. I could not breathe. I went unconscious.
‘When I came to, he was still on top of me…I grabbed his throat.
‘He grabbed my throat and squeezed real hard. I thought I was going to die, that he was going to kill me. I could not breathe.
He said to me, ‘You like this. You’re not going to f***ing tell Lisa. You’re not going to f***ing tell Paige.’
Asked by Deputy DA Mueller to clarify, Jane Doe #1 said Masterson was referring to her Scientologist friends, Lisa Marie Presley and another friend, Paige.
At this point in the incident, there was a commotion outside the bedroom with knocking on the door and a man’s voice yelling, she went on.
Masterson pulled a gun from his bedside table and while he was holding it, she said, he said to me, ‘Shut the f**k up’….’Don’t f***ing move. Don’t f***ing move.’
She passed out again, she said, and when she woke up, seeing that Masterson was gone, she crawled off the bed and into a closet where she, curled up into a fetal position and went to sleep.’
Masterson is facing a sentence of 45 years to life in prison if he’s found guilty. He’s seen with wife Bijou Phillips
Deputy District Attorney Reinhold Mueller arrives at the courthouse on Thursday
Explaining why she waited so long to report Masterson, she told the jury, ‘If I reported another Scientologist, I would be guilty of a high crime (in Scientology doctrine).’
That would mean being declared a ‘suppressive person’ and ‘permanent expulsion’ from the church, she added.
‘My life would be over. My parents (both Scientologists) would have to disconnect with me. My daughter, (who was seven or eight at the time) would have to come out of school. I would have nowhere to go.
‘And if my parents did stay in contact with me, they would be declared suppressive.’
For the second time in two days, Judge Olmedo had to call a brief recess after Jane Doe #1 broke down in tears, this time as she recounted – sometimes with confusing answers that seemed to contradict one another – the aftermath of the alleged rape and a phone call with Masterson in which he described their sexual encounter as ‘a good time.’
The day after the alleged incident at Masterson’s house on April 25 2003, she flew to Florida for a vacation with her family and during cross examination from defense attorney Philip Cohen she said that while she ‘didn’t really remember’ the night before, on the plane she kept getting ‘flashes’ or ‘flash memories’ of what happened.
‘Did you have a flash memory of Masterson having sex with you against your will?’ asked Cohen. ‘Yes,’ she replied.
‘Did you have a flash memory of Masterson being silent and physical with you?’ Cohen then asked. Again, her answer was ’Yes’.
Despite these answers, she said today that when she spoke to Masterson on the phone while she was still in Florida she told him she didn’t remember and when she asked him, ‘What happened?’ he said ‘We had a good time.’
She burst into tears in the witness box, sobbing that when Masterson told her they had sex that night, her reaction was, “No, no, you’re lying. It’s not true.”
‘I didn’t want to believe it,’ she said.
She also said she ‘didn’t want to believe’ that the bruising and other injuries she was suffering in Florida were the result of the alleged rape on April 25.
‘I just wanted to believe it didn’t happen,’ said Jane Doe 1 who described her injuries as pain in her anus on ‘a scale of 10 out of 10, ‘bruising all over,’ red dots on her neck from allegedly being choked by Masterson and for three days she ‘felt like somebody had punched me in the vagina.’
She told the court that photos of her taken in Florida which showed the bruising, were ‘shocking’ to her parents.
But Cohen challenged the severity of her injuries, showing the jury two blown up photos of Jane Doe1 during her Florida trip in which she’s posing in a bikini, smiling – in one with a waiter and the other with her cousin Rachel.
‘Where is the shocking picture?’ asked Cohen.
Deputy DA Mueller objected to the question and the judge sustained his objection.
Masterson’s mother, Bijou Phillips, sat in the courtroom as the alleged victim spoke
Referring to the injuries and pain she said she was in during her Florida vacation, Cohen asked her if she had consulted any doctors while she was there and she responded, ’No.’
And when Cohen asked her if she had provided Officer Schlegel – the Hollywood cop who took her June 2004 first report of the alleged rape – with her cousin Rachel’s name as somebody who could corroborate her claims of bruising and other injuries, she again answered, ’No.’
Masterson, 46, who has been free on $3.3 million bail since his arrest in June 2020, has pleaded not guilty to raping three women at his Hollywood Hills home between 2001 and 2003.
He’s facing a sentence of 45 years to life in prison if he’s convicted at the end of his trial where ex-Scientologist Presley, is on the witness list.
His accusers – whom DailyMail.com is identifying only as Jane Does 1 through 3 – are all former Scientologists and are also suing him and the Church of Scientology in civil court, claiming that they’ve been harassed and intimidated since reporting him to police.