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Read the prosecution’s smackdown of Danny Masterson’s attempt to get out of rape charges

[Masterson at his Sept 18 appearance and prosecutor Reinhold Mueller]

On September 18 Scientology celebrity Danny Masterson appeared in court for what was scheduled to be his arraignment on criminal charges that he’d raped three women, all of whom were Scientologists when the incidents occurred. He is facing 45 years to life in prison.

Masterson’s attorneys Tom Mesereau and Sharon Appelbaum filed a “demurrer” that day, objecting to the case on legalistic grounds and delaying the arraignment to October 19. The next day we posted Danny’s demurrer in full, showing that Masterson was arguing that the alleged incidents, which occurred in 2001 and 2003, were each past the statute of limitations.

In a new document we have for you, Assistant District Attorney Reinhold Mueller takes apart Masterson’s demurrer, explaining how the crimes are not out of statute because Masterson is being charged under California’s “One Strike Law” for sexual offences, qualifying because there are multiple victims. Under the One Strike Law, Masterson is facing an indeterminate sentence — 45 years to life — and when that’s the case, there is no statute of limitations.

Sex crimes prosecuted pursuant to the One Strike statute under Penal Code 667.61 are punishable by an indeterminate term. Indeterminate or life offenses carry no limitation period pursuant to Penal Code 799(a), which provides in relevant part: “Prosecution for an offense punishable by…imprisonment in the state prison for life…may be commenced at any time.” Therefore, for crimes punished by an indeterminate term, there is no statute of limitations as in the case at bar.

Mueller methodically dismantles Masterson’s brief, arguing that the demurrer cited case law that didn’t apply. He also addresses Masterson’s argument that he should escape the charges because they have taken so long to be brought against him, saying that Masterson would have to prove that the delay had been intentional, and was designed to harm him, but that he hasn’t done that. And since he hasn’t done that, the judge should ignore Masterson’s call for an evidentiary hearing.

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Mueller’s filing seems no-nonsense and direct. Masterson’s reply to this document was due yesterday, and the ruling is scheduled for Oct 19. If the judge agrees with Mueller and overrules Masterson’s demurrer, the actor will then enter a not guilty plea, but he won’t have to be in the courtroom this time.

As always we’re looking foward to your thoughts on this document…

 

People v. Masterson: Opposi… by Tony Ortega

 
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Jon Atack talks to Ron Miscavige

 

 
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SCIENTOLOGY BLACK OPS: Tom Cruise and dirty tricks, the series axed by Seven News

In July the Australian Seven News network cancelled at the last minute a ten-part nightly news in-depth investigation of the Church of Scientology and its history of dirty tricks operations. All ten episodes have now been leaked to the Internet, and we’ve collected all ten links in one place. Judge for yourself why Tom Cruise and Tommy Davis might not have wanted viewers to see this hard-hitting series.

 
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Source Code

“Have you ever run a sperm sequence? It doesn’t have any energy in it either but it has all the energy there is in it. Have you ever seen anybody lying on the couch in the sperm sequence, and seen his feet start to swing sideways in an impossible motion? He says, ‘What am I doing?’ The energy which is generating that was of the magnitude necessary to wiggle the tail of something which is only visible in a microscope. And yet this fellow is wiggling his whole body on this tiny, tiny amount of energy.” — L. Ron Hubbard, October 10, 1951

 
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Overheard in the FreeZone

“I would have to say I was quite neurotic and numb from many years of drug use and alcohol. I took a personality test and read Dianetics and found why I had asthma and allergies for most of my childhood years. That compelled me to dedicate my life more and more to study, first as a public and then on staff. I made gains every step of the way. There is so much to learn and study and big actions to address your case. First the ability to study and detox off drugs and alcohol with a Purification Rundown. You can choose how you learn but for me I dedicated intense study and case handling by joining staff and for 10 months completely studied and twinned up with others to learn practical training. I guess some are afraid to look into their minds and traumas in life. Scientology is a discipline to learn how to study clear words and to become more intelligent. I know it is the reason I love to help others now. I became a much better individual and ethical and now also I know I can learn any subject I choose to and my interests in life have expanded greatly. It is a Science.”

 
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Past is Prologue

2002: The Associated Press reported on October 7 that the annual U.S. State Department on International Religious Freedom again criticizes Germany for alleged mistreatment of Scientologists. “Some local authorities and private firms in Germany use ‘sect filters’ focused on the U.S.-based Church of Scientology in hiring and contracting, a new State Department report says. ‘These practices give rise to a climate of discrimination and may cause financial losses for individual companies, the department’s 2002 report on international religion said. It was released Monday. The report said the federal property office has barred the sale of some real estate to the Scientologists, noting that the Finance Ministry has urged that such sales be avoided if possible.”

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Random Howdy

“I lived through 70’s Punk, early 80’s hardcore, late 80’s alternative, and whatever passed for a scene in the first half of the 90’s, and most of my friends from those time periods are dead. But at least they had some really good times before their number came up. I don’t think Scientologists can say the same.”

 
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Full Court Press: What we’re watching at the Underground Bunker

Criminal prosecutions:
Danny Masterson charged for raping three women: Demurrer filed by Masterson, arraignment delayed to October 19.
Jay and Jeff Spina, Medicare fraud: Jay’s sentencing is set for October 29 in White Plains, NY. Jeffrey’s is set for October 24.
Hanan and Rizza Islam and other family members, Medi-Cal fraud: Next pretrial conference set for Jan 12 in Los Angeles
Dennis Nobbe, Medicare fraud, PPP loan fraud: Charged July 29. Bond revoked Sep 14. Nobbe dead, Sep 14.

Civil litigation:
Luis and Rocio Garcia v. Scientology: Oral arguments were heard on July 30 at the Eleventh Circuit
Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Petition for a writ of mandate filed with Cal 2nd Appellate District, Sept 10.
Chrissie Bixler et al. v. Scientology and Danny Masterson: Oct 26 (motions to compel arbitration)
Jane Doe v. Scientology (in Miami): Jane Doe dismissed the lawsuit on May 15 after the Clearwater Police dropped their criminal investigation of her allegations.
Matt and Kathy Feschbach tax debt: Eleventh Circuit ruled on Sept 9 that Feshbachs can’t discharge IRS debt in bankruptcy. Update required in federal lawsuit on Oct 19.
Brian Statler Sr v. City of Inglewood: Second amended complaint filed, trial set for Nov 9, 2021.
Author Steve Cannane defamation trial: Trial concluded, awaiting verdict.

 
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Scientology’s celebrities, ‘Ideal Orgs,’ and more!

[Erika Christensen, Ethan Suplee, and Juliette Lewis]

We’ve been building landing pages about David Miscavige’s favorite playthings, including celebrities and ‘Ideal Orgs,’ and we’re hoping you’ll join in and help us gather as much information as we can about them. Head on over and help us with links and photos and comments.

Scientology’s celebrities, from A to Z! Find your favorite Hubbardite celeb at this index page — or suggest someone to add to the list!

Scientology’s ‘Ideal Orgs,’ from one end of the planet to the other! Help us build up pages about each these worldwide locations!

Scientology’s sneaky front groups, spreading the good news about L. Ron Hubbard while pretending to benefit society!

Scientology Lit: Books reviewed or excerpted in our weekly series. How many have you read?

 
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THE WHOLE TRACK

[ONE year ago] Nancy Cartwright tops $17 million as Scientology celebrates its whales
[TWO years ago] Scientology’s cruise ship the Freewinds: Why OT 8 needed to be delivered off-shore
[THREE years ago] Here’s how Scientology tried to keep you from seeing tonight’s episode of ‘Leah Remini’
[FOUR years ago] One of Scientology’s new Narconons got inspected — and turned up one surprising result
[FIVE years ago] Another minor omen of the coming Scientology apocalypse appears in Florida
[SIX years ago] Vance Woodward’s lawsuit dismissed as judge grants Scientology’s anti-SLAPP motion
[SEVEN years ago] OOPS: Government Shutdown Stalls EEOC Lawsuit Against Miami Scientology Chiropractor
[EIGHT years ago] Why Tom Cruise Can’t Quit Scientology

 
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Scientology disconnection, a reminder

Bernie Headley (1952-2019) did not see his daughter Stephanie in his final 5,667 days.
Valerie Haney has not seen her mother Lynne in 2,085 days.
Katrina Reyes has not seen her mother Yelena in 2,589 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,109 days.
Brian Sheen has not seen his grandson Leo in 1,129 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,020 days.
Christie Collbran has not seen her mother Liz King in 4,327 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,195 days.
Carol Nyburg has not seen her daughter Nancy in 2,969 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,773 days.
Quailynn McDaniel has not seen her brother Sean in 3,089 days.
Dylan Gill has not seen his father Russell in 11,655 days.
Melissa Paris has not seen her father Jean-Francois in 7,574 days.
Valeska Paris has not seen her brother Raphael in 3,742 days.
Mirriam Francis has not seen her brother Ben in 3,323 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,584 days.
Sara Goldberg has not seen her daughter Ashley in 2,622 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,335 days.
Marie Bilheimer has not seen her mother June in 1,860 days.
Charley Updegrove has not seen his son Toby in 1,390 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 5,950 days
Derek Bloch has not seen his father Darren in 3,090 days.
Cindy Plahuta has not seen her daughter Kara in 3,410 days.
Roger Weller has not seen his daughter Alyssa in 8,265 days.
Claire Headley has not seen her mother Gen in 3,384 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,740 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,043 days.
Brian Sheen has not seen his daughter Spring in 2,149 days.
Skip Young has not seen his daughters Megan and Alexis in 2,551 days.
Mary Kahn has not seen her son Sammy in 2,423 days.
Lois Reisdorf has not seen her son Craig in 2,006 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,501 days.
Mary Jane Barry has not seen her daughter Samantha in 2,755 days.
Kate Bornstein has not seen her daughter Jessica in 13,864 days.

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Posted by Tony Ortega on October 10, 2020 at 07:00

E-mail tips to tonyo94 AT gmail DOT com or follow us on Twitter. We also post updates at our Facebook author page. After every new story we send out an alert to our e-mail list and our FB page.

Our new book with Paulette Cooper, Battlefield Scientology: Exposing L. Ron Hubbard’s dangerous ‘religion’ is now on sale at Amazon in paperback and Kindle formats. Our book about Paulette, The Unbreakable Miss Lovely: How the Church of Scientology tried to destroy Paulette Cooper, is on sale at Amazon in paperback, Kindle, and audiobook versions. We’ve posted photographs of Paulette and scenes from her life at a separate location. Reader Sookie put together a complete index. More information can also be found at the book’s dedicated page.

The Best of the Underground Bunker, 1995-2019 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2019), The Village Voice (2008-2012), New Times Los Angeles (1999-2002) and the Phoenix New Times (1995-1999)

Other links: BLOGGING DIANETICS: Reading Scientology’s founding text cover to cover | UP THE BRIDGE: Claire Headley and Bruce Hines train us as Scientologists | GETTING OUR ETHICS IN: Jefferson Hawkins explains Scientology’s system of justice | SCIENTOLOGY MYTHBUSTING: Historian Jon Atack discusses key Scientology concepts | Shelly Miscavige, 14 years gone | The Lisa McPherson story told in real time | The Cathriona White stories | The Leah Remini ‘Knowledge Reports’ | Hear audio of a Scientology excommunication | Scientology’s little day care of horrors | Whatever happened to Steve Fishman? | Felony charges for Scientology’s drug rehab scam | Why Scientology digs bomb-proof vaults in the desert | PZ Myers reads L. Ron Hubbard’s “A History of Man” | Scientology’s Master Spies | The mystery of the richest Scientologist and his wayward sons | Scientology’s shocking mistreatment of the mentally ill | The Underground Bunker’s Official Theme Song | The Underground Bunker FAQ

Watch our short videos that explain Scientology’s controversies in three minutes or less…

Check your whale level at our dedicated page for status updates, or join us at the Underground Bunker’s Facebook discussion group for more frivolity.

Our non-Scientology stories: Robert Burnham Jr., the man who inscribed the universe | Notorious alt-right inspiration Kevin MacDonald and his theories about Jewish DNA | The selling of the “Phoenix Lights” | Astronomer Harlow Shapley‘s FBI file | Sex, spies, and local TV news | Battling Babe-Hounds: Ross Jeffries v. R. Don Steele

 

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