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Danny Masterson takes another expensive and futile swipe at his criminal charges

[Masterson and his attorneys at his September initial appearance]

There has been plenty of media coverage of Danny Masterson’s attempt to get rape charges tossed out of court with the help of legendary defense attorney Tom Mesereau and a legal move known as a “demurrer.”

Cameras were on hand, for example, when Mesereau and his colleague Sharon Appelbaum argued on October 19 that the charges against Masterson, based on incidents that occurred between 2001 and 2003, were beyond the statute of limitations. But Judge Eleanor Hunter denied their demurrer, agreeing with prosecutors that because Masterson was being charged under California’s strict “One Strike” law and faced a penalty of 45 years to life in prison, the statute of limitations didn’t apply. Judge Hunter then set arraignment for November 2, but it was then further delayed until January 6 when Danny is scheduled to enter a plea of not guilty.

All of that has been watched pretty carefully by the press, as well as here at the Underground Bunker.

However, we just learned that Masterson also managed to make another very similar (and similarly expensive) attempt to get the case thrown out without any media attention at all.

We confirmed with the court that on November 2 Masterson filed a petition for a writ of mandate, hoping to get Judge Hunter’s denial of his demurrer overturned. And last Friday, that petition was denied by Judge William Ryan at the Superior Court’s writ center.

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Our legal experts told us that filing a demurrer in a criminal case before a defendant is even arraigned was extremely uncommon. And now they’re telling us that seeking a writ to overturn the denial of the writ, again before arraignment, is also extremely unusual.

Danny Masterson is burning through a mountain of cash in futile attempts to stop his arraignment, our experts tell us, and they admit that it mystifies them why he and his legal team are doing so.

“I find it hard to believe that Mesereau would take these up on his own,” says a California litigator who has been helping us understand what’s going on in the case. She says this is another unusual and costly move, and that Mesereau would have known that it was likely futile.

“We tell our clients what we believe is in their best interest, but ultimately it is up to our client what to do. If Danny is being told by the church or he’s getting from his background in the church to delay, delay, delay, then Mesereau is doing what his client wants him to do,” she says. “I can tell you that a writ of that quality should take 40 to 60 hours to research, draft, review and revise. So yeah, they’re spending beaucoup bucks.”

Masterson himself continues to post photographs of himself from out of town. His most recent Instagram image, of him with a trout caught fishing, was posted from Utah. With his arraignment still pushed off after being charged on June 16, Masterson is under no travel restrictions.

 
SOME OF OUR PAST REPORTING ON THE MASTERSON CASE

March 3, 2017: LAPD probing Scientology and Danny Masterson for multiple rapes, cover-up
March 8, 2017: Danny Masterson: Victim C gets support from a veteran actress
March 11, 2017: Scientology made Danny Masterson’s Victim B search past lives to explain being raped
May 9, 2017: Masterson hires Michael Jackson criminal defense attorney Tom Mesereau in rape probe
Nov 2, 2017: Read the threatening letter Danny Masterson’s attorney Marty Singer sent a victim’s husband
Nov 26, 2017: EXCLUSIVE: Scientology interrogated Danny Masterson and accuser, didn’t notify LAPD
Feb 14, 2018: PROSECUTORS PREPARE CHARGES CARRYING LIFE SENTENCE FOR DANNY MASTERSON

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Apr 27, 2018: Strange days for a woman accusing Danny Masterson of rape — and for her rocker husband
July 8, 2018: Masterson witness fears for safety as investigation drags on and on
Nov 30, 2018: LEAH REMINI: Los Angeles DA Jackie Lacey, do your job already
Aug 14, 2019: RAPE ACCUSERS SUE DANNY MASTERSON, CHURCH OF SCIENTOLOGY, AND ITS LEADER
Jan 22, 2020: Cedric Bixler-Zavala blames Scientology for poisoned dog he had to put down yesterday
Feb 3, 2020: Here’s Scientology actor Danny Masterson’s legal response to his rape accusers
Feb 10, 2020: Another dog poisoned: Bobette Riales says harassment worse since suing Scientology
Feb 26, 2020: SEVENTH victim comes forward to LAPD accusing Scientology actor Danny Masterson
Feb 29, 2020: Amended complaint filed against Danny Masterson with new stalking allegations
March 14, 2020: Danny Masterson’s victims speak out in sworn documents in lawsuit against Scientology
May 4, 2020: Masterson: Drop me from Scientology lawsuit if the ‘Jane Does’ won’t name themselves
June 17, 2020: SCIENTOLOGY CELEB DANNY MASTERSON CHARGED ON MULTIPLE RAPE ALLEGATIONS
June 19, 2020: Records show that Danny Masterson is a woeful Scientologist — would he turn on the church?
June 23: 2020: The key thing about Danny Masterson’s ‘DJ Donkey Punch’ nick is why he stopped using it
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Sept 30, 2020: Could Danny Masterson’s odd legal fight over his Hollywood house endanger his freedom?
Oct 11, 2020: Danny Masterson asks to halt civil lawsuit while criminal case is ongoing, as expected
Oct 12, 2020: Bijou Phillips on her husband Danny Masterson: A macho ‘Strong Island’ guy
Oct 16, 2020: Danny Masterson ‘accidentally’ outs Jane Doe accuser after judge told him not to
Nov 16, 2020: Judge in Danny Masterson lawsuit doubts Scientology ‘arbitration,’ sets hearing

 
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Source Code

“I handled a preclear not too long ago who was in the valence of a horse. He had been in the valence of a horse for a long time. He had gotten so mad at a horse that he had wished everything off on this horse imaginable and then the horse won. And the preclear went into the horse’s valence. Fact. You have probably processed people in the valences of dogs and so forth. As a matter of fact, if I were raising a little child, I would certainly hang all the pets out the window and let them run away rather than have them around a child, because the pet is liable to give the child trouble.” — L. Ron Hubbard, November 19, 1951

 
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Overheard in the FreeZone

“As Ron says in ‘The Reason for Orgs’ there are others who would like to ensure that real OTs are not being made. For instance there were some (not all in fact I ran into quite a few who were and are spooks who think OT is a very cool thing) in CIA and other sectors of ‘National Security’ who feel threatened by it. I mean their job is to keep things secret and hidden and having pesky OTs around totally ruins that game plan for ’em. Then of course you have your average SP who isn’t too thrilled by the idea because it makes ‘the masses’ (probably an appropriate term by those stuck in a GPM) harder to suppress and dominate.”

 

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Past is Prologue

1997: The Smoking Gun this week published an affidavit from Parker Stevenson, who is filing for divorce from Scientologist Kirstie Alley. “In numerous conversations with me, Kirstie has threatened to ‘bury me’ in legal fees, and she pursues her threat. Since the commencement of this action, Kirstie has made me fight for everything I have achieved to date, including the joint custody of our minor children, and continuance of the action in California, situs of our marital residence, the children’s residence, and the majority of our assets. I, through my California counsel, had diligently sought to resolve this matter without litigation and continue to do so. Kirstie initially wanted us to mediate our property, support and custody issues before a respected member of the Church of Scientology. I attended one five-hour meeting on December 28, 1996, and discovered that neither the mediator, nor Kirstie, had any knowledge of the law regarding the issues. Kirstie didn’t even understand the concept of sharing on an equal basis the property we had accumulated during our marriage. I told Kirstie that I needed the assistance of an attorney to advise me of the applicable law and my rights and obligations and I advised Kirstie to get similar advice.”

 
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Random Howdy

“A Scientology divorce is simply postulating and as-ising that wife #2 never existed.”

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

Criminal prosecutions:
Danny Masterson charged for raping three women: Masterson’s demurrer denied Oct 19, arraignment delayed to Jan 6.
Jay and Jeff Spina, Medicare fraud: Jay’s sentencing delayed for ‘Fatico’ hearing on Jan 19.
Hanan and Rizza Islam and other family members, Medi-Cal fraud: Next pretrial conference set for Jan 12 in Los Angeles

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 writ of mandate denied Oct 22 by Cal 2nd Appellate District. Petition for review by state supreme court filed Oct 30.
Chrissie Bixler et al. v. Scientology and Danny Masterson: Dec 18, re-hearing on motions to compel arbitration; Jan 29, Masterson’s request to stay discovery pending the criminal case
Matt and Kathy Feschbach tax debt: Eleventh Circuit ruled on Sept 9 that Feshbachs can’t discharge IRS debt in bankruptcy. Oct 19: Feshbachs still considering further appellate relief.
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.

Concluded litigation:
Dennis Nobbe, Medicare fraud, PPP loan fraud: Charged July 29. Bond revoked Sep 14. Nobbe dead, Sep 14.
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.

 
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SCIENTOLOGY BLACK OPS: Tom Cruise and dirty tricks

The Australian Seven News network cancelled a 10-part investigation of Scientology and its history of dirty tricks. Read the transcripts of the episodes and judge for yourself why Tom Cruise and Tommy Davis might not have wanted viewers to see this hard-hitting series by journalist Bryan Seymour.

SCIENTOLOGY: FAIR GAME

After the success of their double-Emmy-winning, three-season A&E series ‘Scientology and the Aftermath,’ Leah Remini and Mike Rinder continue the conversation on their podcast, ‘Scientology: Fair Game.’ We’ve created a landing page where you can hear all of the episodes so far.

LEAH REMINI: SCIENTOLOGY AND THE AFTERMATH

An episode-by-episode guide to Leah Remini’s three-season, double-Emmy winning series that changed everything for Scientology watching. Originally aired from 2016 to 2019 on the A&E network, and coming November 1 to Netflix.

SCIENTOLOGY’S CELEBRITIES, from A to Z

Find your favorite Hubbardite celeb at this index page — or suggest someone to add to the list!

 
Other links: Scientology’s Ideal Orgs, from one end of the planet to the other. 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 a weekly series. How many have you read?

 
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THE WHOLE TRACK

[ONE year ago] Nan McLean, 1923-2019: One of the bravest women who ever exposed Scientology’s abuses
[TWO years ago] Disaster relief? Scientology’s own documents spell out the real mission of ‘Volunteer Ministers’
[THREE years ago] Most remote large city in the world won’t be overlooked by Scientology’s zeal to be ‘ideal’
[FOUR years ago] EXCLUSIVE: See the letter Scientology sent to scare A&E out of airing Leah Remini’s series
[FIVE years ago] ‘Babywatch,’ day one: Lisa McPherson raves out by Scientology’s holiest swimming pool
[SIX years ago] L. Ron Hubbard, deadbeat dad ALSO: Former members of Scientology show off their stuff
[SEVEN years ago] The Oiliness Table, For Real! A Look Inside Scientology’s Super Power Building
[EIGHT years ago] Ken Dandar Fails in Bid to Prevent Secret Scientology Court Hearing
[NINE years ago] Scientology Chillaxin’: Commenters of the Week!

 
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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 2,125 days.
Katrina Reyes has not seen her mother Yelena in 2,629 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,149 days.
Brian Sheen has not seen his grandson Leo in 1,169 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,060 days.
Christie Collbran has not seen her mother Liz King in 4,367 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,235 days.
Carol Nyburg has not seen her daughter Nancy in 3,009 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,813 days.
Quailynn McDaniel has not seen her brother Sean in 3,129 days.
Dylan Gill has not seen his father Russell in 11,695 days.
Melissa Paris has not seen her father Jean-Francois in 7,614 days.
Valeska Paris has not seen her brother Raphael in 3,782 days.
Mirriam Francis has not seen her brother Ben in 3,363 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,624 days.
Sara Goldberg has not seen her daughter Ashley in 2,662 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,375 days.
Marie Bilheimer has not seen her mother June in 1,900 days.
Julian Wain has not seen his brother Joseph or mother Susan in 255 days.
Charley Updegrove has not seen his son Toby in 1,430 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 5,981 days
Derek Bloch has not seen his father Darren in 3,130 days.
Cindy Plahuta has not seen her daughter Kara in 3,450 days.
Roger Weller has not seen his daughter Alyssa in 8,305 days.
Claire Headley has not seen her mother Gen in 3,424 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,780 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,083 days.
Brian Sheen has not seen his daughter Spring in 2,189 days.
Skip Young has not seen his daughters Megan and Alexis in 2,591 days.
Mary Kahn has not seen her son Sammy in 2,463 days.
Lois Reisdorf has not seen her son Craig in 2,046 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,541 days.
Mary Jane Barry has not seen her daughter Samantha in 2,795 days.
Kate Bornstein has not seen her daughter Jessica in 13,904 days.

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Posted by Tony Ortega on November 19, 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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