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Danny Masterson’s ‘Dream Team’ lawyer angers ‘Aftermath’ producers with repeat subpoenas

[Attorney Shawn Holley and her client, Danny Masterson]

[UPDATE: Judge Coen denied the defense’s motion and refused to dismiss Danny Masterson’s rape charges. Judge Olmedo quashed the subpoenas discussed in this story. See update below.]

In January we told you that we’d heard from one of Danny Masterson’s accusers and a witness in the case that a new set of subpoenas had been issued by Danny’s criminal defense lawyers, and process servers were loudly banging on their doors, agitating their already frayed nerves.

Well, it turns out that the new round of subpoenas was sent out by Danny’s new addition to his legal roster, former OJ Simpson ‘Dream Team’ member Shawn Holley.

And we know this because yesterday attorneys for IPC Television and Slauson Productions, the folks who filmed Leah Remini’s A&E series Scientology and the Aftermath, revealed that they too had been served with a Shawn Holley subpoena and they’re really not happy about it.

 

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[From the subpoena, sent out by Shawn Holley in January]

If you remember, last August IPC, the Masterson accusers, the LAPD, a former LAPD detective, and even your proprietor asked Judge Charlaine Olmedo to quash subpoenas that had been sent out by Danny’s defense attorney Tom Mesereau. The subpoenas had asked a journalist, television executives, and law enforcement officers to turn over any communications they might have had with Danny’s alleged rape victims. And not only for Danny’s criminal defense, but also for the civil lawsuit filed by Masterson’s accusers in a completely different court.

Judge Olmedo seemed most incensed by that detail, that Mesereau and his co-counsel Sharon Appelbaum appeared to be using the subpoena power of her court in order to get material for a completely different case, and not even for Danny Masterson but for the benefit of the Church of Scientology. Olmedo quashed all of the subpoenas, and later Mesereau withdrew a similar subpoena he’d served on Leah Remini. (Judge Olmedo also set a date of August 29 for the trial to begin. If Danny is convicted, he’s facing 45 years to life in prison for violently raping three women.)

Now, months after Judge Olmedo struck down Mesereau’s subpoenas, Danny’s new attorney, Shawn Holley, has sent out new subpoenas that are remarkably similar to the ones Olmedo already canceled last summer. (Thankfully, none of Holley’s minions knocked on our door and we weren’t served here in New York.)

Yesterday, IPC’s attorney Kelli Sager filed her motion to quash the new subpoena from Holley and sounded exasperated that her client would have to deal with this again. She asked not only for the new subpoena to be quashed, but also for the court to impose sanctions.

For all the reasons set forth above, this Court should enter an order quashing the second, duplicative set of subpoenas served by Defendant on IPC Television, LLC and Slauson Productions LLC. This Court also should enter an order [to] sanction Defendant and each of his counsel to the maximum extent permitted by law, and enter a protective order prohibiting Defendant or any counsel acting on his behalf from serving any new subpoenas on either of these Media Companies.

We emailed Sager to see if she wanted to say more about this, but she responded by saying that since it was an active case, she had nothing further to add. We also emailed Holley, and we’ll let you know if we hear back from her.

Now here’s the wrinkle that we speculated about in January. Holley’s new set of subpoenas commanded IPC/Slauson (and whoever else was actually served, and we’re not sure how many actually were) to show up in court this morning at the hearing in Judge Ronald S. Coen’s courtroom at the Clara Shortridge Foltz Criminal Justice Center.

Coen is hearing the “995” motion filed by Masterson’s team, hoping to have his rape case dismissed by arguing that Judge Olmedo in May erred when she ruled that enough evidence had been presented at the preliminary hearing to justify a criminal trial.

Is Holley counting on Judge Coen not realizing that her subpoenas are pretty much the same thing that Olmedo quashed last August?

Sager’s document makes sure he knows. We’ll be interested to see how he handles this.

As we explained yesterday, Judge Coen is scheduled to handle the 995 hearing at 8:30 am Los Angeles time, and it may take a couple of hours. If he dismisses the motion, the parties will go back to Judge Olmedo’s courtroom for a pretrial conference. We will have a correspondent on the scene, and we hope to get you some notes on what went down as soon as we can.

Also, we learned yesterday that at least one news organization requested camera access in Judge Coen’s hearing and were granted it. We don’t know if that means there will be a live feed from the hearing, but we’ll keep an eye out for it.

 

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UPDATE: Judge Coen denied the “995” motion, refusing to dismiss the rape charges against Danny Masterson (who did not appear this morning). This only took about 30 minutes. The parties then went back to Judge Olmedo’s courtroom.

Jeffrey Augustine was in attendance. He told us that attorneys Shawn Holley and Philip Cohen were at the defense table, and Tom Mesereau and Sharon Appelbaum were in the gallery. Shawn Holley was doing the talking.

Judge Olmedo called the subpoenas “duplicative” and quashed them. Jeffrey also said that Judge Olmedo was unhappy about this and instructed the defense team, if they were going to send out any other subpoenas, to submit them to the court to be reviewed first.

Jeffrey also noted that attorney Vicki Podberesky was in attendance. We suspect that she’s keeping an eye on things for David Miscavige.

Next date for pretrial conference is May 31.

 
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Leah Remini podcast: Aharon Friedman

Says Mike: “Aharon Friedman is a professor of Physics and Electrical Engineering, a former scientologist and today serves on the Board of the Israeli Center for Cults’ Victims. Unlike L. Ron Hubbard, he really IS a nuclear physicist, his official title is Head – Schlesinger Knowledge Center for Accelerators and Radiation Sources. We talk about his experiences in scientology, what drove him to escape and his work helping victims of cults today.” Listen to the episode right here!

 
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Sign up for a daily email when we post a new story on Scientology.

Did you know you can get an email every morning when we post our daily Scientology story? We know some of the folks who come to the Underground Bunker aren’t here to talk about the politics of the day, and that’s why we created a daily politics feature over at our other blog, The Lowdown, and we ask readers to take their political discussions over there. And if you drop us a line at tonyo94 AT gmail, we’ll put you on the list so you get a morning reminder that a new Scientology story has been posted — and only for our Scientology stories.

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Source Code

“You want to make a Clear Clear. You want to make somebody who won’t have any trouble with the Goals Problem Mass or any trouble with the bank from there on out, and all of his fondest hopes, and so forth. And of course, if you keep doing that in extremis and then straighten out the whole track, and take up all fragments of the Goals Problem Mass in their turn and handle all them, you’ll make an OT. You couldn’t help it. So you probably could make a Dynamic Clear or a Clear Clear, a stable, a very stable Clear by moving straight on through the Goals Problem Mass and getting these valences parked in their proper places on the track so they’re not troubling the pc, and so forth. And he’d stay that way. It’s taken trillennia to get these things assembled into a black sponge. And it’ll take him more trillennia to get them back together again because it’s quite accidental that they remain in that weirdly balanced balance. You mean somebody has got a package that comes from 10 trillion years ago, beautifully poised and balanced against a package that came from 110 trillion years ago, and he’s got a 100 trillion year loop in the Goals Problem Mass. And these two things are opposing each other gorgeously. How does he do it? I ask you. Thetans are skilled, but I never expected them to be that clever. But they actually can do it.” — L. Ron Hubbard, February 8, 1962

 
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Avast, Ye Mateys

“MIMEO FILES FB: DOUG LEWIS is removed as I/C and demoted in the same unit for being unable to handle people and neglecting to study the project or clarify intention. Robert Williamson is restored to Mimeo Files I/C with orders to get the files set up. Doug Lewis, Robert Williamson, Mort Smithberg and Richard Bunnell are affected by this order. It is noted that Smithberg, a speed typist, should never have been assigned to this unit and should be replaced soonest. The project has no typing or stencil cutting duties. Its sole duty is to set up and to file all loose mimeos on the ship NOW, NOW, NOW. I haven’t seen such an enmest mess for a long while!” — The Commodore, February 8, 1971

 
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Overheard in the FreeZone

“Scientologists that are in the know, myself, likewise, a former exoplanet space-academy member. The more we know and the less the cabal withholds info, spiritual awareness, and their hidden agendas, the easier and faster it will become to get the general population woke to injustice, and knowledgeable or aware enough to want and demand more knowledge, including the knowledge and technology of the LRH Bridge. The Sea Org motto is ‘We Return.’ The old sea was Space, and now, once again, the new sea will be a return to Space.”

 
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Past is Prologue

1996: Keith Spurgeon posted a liability write-up from an Internet-reading Scientology member. It included a description from the subject of the ethics order. “I was assigned a ‘condition of confusion’ in spring 1995 for reading material critical of Scientology. [keith’s note: including posts from this newsgroup] I worked my way up through ‘doubt’ and then to ‘liability.’ You then atone for the damage caused by your wavering or previous doubt by demonstrating renewed and strong commitment to the group. Since in my case I had been looking at the Internet and had met with apostates, it was suggested by my E/D [Executive Director] that I write letters to newspapers on behalf of the Task Force for Freedom and Responsibility on the Internet in order to deliver an effective blow against the enemies of the group. This ‘amends project’ was completed by the time the document below was written. The liability write-up (below) is essentially an application for readmission into the group of Scientologists, to be read by the persons you request to sign it. My friends are those Scientologists who act to help themselves and others progress toward the greatest good for the greatest number of dynamics. My friends are members of the group of Scientologists. By doing a Doubt condition, I decided that I was a member of this group, and to deliver an effective blow to the enemies of the group I [w]rote 14 letters to newspaper editors in [names of cities deleted]. The letter was written for publication in the editorial sections, and covered the issue of copyright violations occurring on the Internet. I was writing on behalf of the Task Force for Responsibility and Freedom on the Internet, a Scientology organization. These were mailed 13 August.”

 
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Random Howdy

Stan Lee, Forrest J Ackerman and Hugh Hefner are the Holy Trinity of my adolescence.”

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

Criminal prosecutions:
Danny Masterson charged for raping three women: Next hearing set for February 8. Trial scheduled for August 29.
‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Last hearing was on January 18, referred to grand jury.
Jay and Jeff Spina, Medicare fraud: Jay sentenced to 9 years in prison. Jeff’s sentencing to be scheduled.
Hanan and Rizza Islam and other family members, Medi-Cal fraud: Pretrial conference March 25 in Los Angeles

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David Gentile, GPB Capital, fraud: Next pretrial conference set for February 11.
Joseph ‘Ben’ Barton, Medicare fraud: Pleaded guilty, awaiting sentencing.
Yanti Mike Greene, Scientology private eye accused of contempt of court: Next hearing February 15.

Civil litigation:
Luis and Rocio Garcia v. Scientology: Eleventh Circuit affirmed ruling granting Scientology’s motion for arbitration. Garcias considering next move.
Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ US Supreme Court denied Valerie’s petition Oct 4.
Chrissie Bixler et al. v. Scientology and Danny Masterson: Appellate court removes requirement of arbitration on January 19, case remanded back to Superior Court. Scientology has said it will file an anti-SLAPP motion.
Brian Statler Sr v. City of Inglewood: Third amended complaint filed, trial set for June 28.
Author Steve Cannane defamation trial: Trial concluded, Cannane victorious, awarded court costs. Appeal hearing held Aug 23-27. Awaiting a ruling.
Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Lawsuit filed by the FTC and state of Georgia in August, now in discovery phase.

 
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THE PROSECUTION OF DANNY MASTERSON

We first broke the news of the LAPD’s investigation of Scientology celebrity Danny Masterson on rape allegations in 2017, and we’ve been covering the story every step of the way since then. At this page we’ve collected our most important links, including our four days in Los Angeles covering the preliminary hearing and its ruling, which has Danny facing trial and the potential sentence of 45 years to life in prison.

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 now on 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 BLACK OPS: Tom Cruise and dirty tricks. 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] NARCONON SHRINKAGE: Scientology lists only five US locations as ‘Fresh Start’ is removed
[TWO years ago] War on wogs is hell: A peek inside Scientology right now, and it’s not pretty
[THREE years ago] USC: SCIENTOLOGY FAKED LETTER FROM PROFESSOR TO DISNEY, PROBE OPENED
[FOUR years ago] David Palter, 1952-2018: Remembering a Scientologist who became a steady critic
[FIVE years ago] Ron Miscavige on life at Scientology’s secretive Gold Base (and getting thrown in its lake)
[SEVEN years ago] Ryan Hamilton’s plan to consolidate his lawsuits against Scientology rehabs is denied
[EIGHT years ago] Jon Atack on Scientology’s methods of ‘thought stopping’
[NINE years ago] Scientology’s Atlanta Drug Rehab Buys Its Way Out of Courtroom Nightmare
[TEN years ago] Scientology’s Gag Reflex: The Church’s History of Enforcing a Vow of Silence

 
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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 2,569 days.
Katrina Reyes has not seen her mother Yelena in 3,074 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,594 days.
Brian Sheen has not seen his grandson Leo in 1,614 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,505 days.
Christie Collbran has not seen her mother Liz King in 4,812 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,680 days.
Carol Nyburg has not seen her daughter Nancy in 3,454 days.
Doug Kramer has not seen his parents Linda and Norm in 1,785 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,258 days.
Quailynn McDaniel has not seen her brother Sean in 3,574 days.
Dylan Gill has not seen his father Russell in 12,140 days.
Melissa Paris has not seen her father Jean-Francois in 8,059 days.
Valeska Paris has not seen her brother Raphael in 4,227 days.
Mirriam Francis has not seen her brother Ben in 3,808 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,069 days.
Sara Goldberg has not seen her daughter Ashley in 3,105 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,820 days.
Marie Bilheimer has not seen her mother June in 2,345 days.
Julian Wain has not seen his brother Joseph or mother Susan in 700 days.
Charley Updegrove has not seen his son Toby in 1,875 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,426 days
Derek Bloch has not seen his father Darren in 3,575 days.
Cindy Plahuta has not seen her daughter Kara in 3,895 days.
Roger Weller has not seen his daughter Alyssa in 8,750 days.
Claire Headley has not seen her mother Gen in 3,869 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,225 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,528 days.
Brian Sheen has not seen his daughter Spring in 2,634 days.
Skip Young has not seen his daughters Megan and Alexis in 3,032 days.
Mary Kahn has not seen her son Sammy in 2,908 days.
Lois Reisdorf has not seen her son Craig in 2,491 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,986 days.
Mary Jane Barry has not seen her daughter Samantha in 3,240 days.
Kate Bornstein has not seen her daughter Jessica in 14,349 days.

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Posted by Tony Ortega on February 8, 2022 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, 1995-2021 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2021), 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, 15 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

 

Tony Ortega at The Daily Beast

 

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