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Judge Olmedo to hear Danny Masterson’s latest motions to dismiss and sever rape charges

[Judge Charlaine Olmedo and Danny Masterson]

On Friday we spelled out in more detail what Danny Masterson’s defense is arguing in its latest motions in his criminal rape case. Today, Judge Charlaine Olmedo is scheduled to hear those arguments as Masterson’s attorneys try to convince her to dismiss the count of forcible rape in regards to the victim known as Jane Doe 1, and to sever the other two counts, against Jane Doe 2 and Jane Doe 3. (We don’t expect Masterson himself to be in the courtroom. UPDATE: Danny showed up.)

All three women were Scientologist when, they allege, they were attacked by Masterson in incidents between 2001 and 2003. A year ago, the three testified live for the first time at a four-day preliminary hearing that included horrific detail about the forcible rapes they say Masterson put them through. One of the three women, Jane Doe 1, said she had overcome the objections of the Church of Scientology to report her rape to the LAPD in June 2004. All three testified that Scientology’s policies of not turning in fellow Scientologists to the police had prevented them from coming forward sooner, which Judge Olmedo cited in her ruling bounding Masterson over for trial. She has scheduled the trial to begin on August 29 and to last about four weeks.

Since Masterson was first charged by the LA District Attorney’s Office in June 2020, he has filed numerous motions to dismiss the charges which have been denied, and petitions to have those denials reviewed. In this newest set of motions, he’s arguing that because Jane Doe 1’s case was closed by the DA in 2004 but then re-opened, resulting in charges 16 years later in 2020, it should be thrown out because of that delay.

We went over some of the arguments in the motion on Friday, which included allegations that some of the original LAPD file are missing, and accusing Jane Doe 1 of embellishing her account of the incident over time in order to meet a harsher criminal charge. Deputy DA Reinhold Mueller opposed the motion by noting that some of the things alleged by the defense have already been ruled on by Olmedo previously.

In the second motion, the defense argues that Jane Doe 2’s allegations are so different from Jane Doe 3’s allegations that they should really be tried separately. Also, they argue that Jane Doe 2’s case is so marginal that it doesn’t meet the definition of “forcible rape.”

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We sat through those four days of the preliminary hearing, and we can tell you that one of the things that characterized the testimony was the similarities between the three cases. And as for Jane Doe 2’s case meeting the definition for the charges, this was something both sides already argued over at the preliminary hearing, and Olmedo ruled that it met the definition.

Today’s hearing may also include some arguments over discovery matters and other legal issues. We hope to get you a report later today after the hearing concludes.

Also, we wanted to remind you that Masterson is still waiting for a response from the California State Supreme Court, which has given itself until June 22 to decide whether to grant Masterson review of a previous motion to dismiss that was denied in February.

 
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Bonus items from our tipsters

The Fabos Factor is back!

 

 
And Battle Creek keeps battlin’!

 

 

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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

“Tech — on both the 1st and 3rd dynamics — is proceeding at lightning speed. And early tech and books are coming into their own also. If everyone on Flag and on station ships know and wear their own hats well and insist on the fellow next to him wearing his, we have a potentially brilliant future. First and Third Dynamic Tech was never better, or orgs are doing well. We can greatly improve our actions and lines. If we can continue to best the enemy and get things running right we will really E-X-P-A-N-D. It took 100 years to abolish slavery. We are 20 years up on abolishing barbarism in psychiatry in a much faster moving age. If we keep at it and get better on our own jobs and get the breaks, I give us three years to have full command of the situation.” — L. Ron Hubbard, May 31, 1970

 
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Avast, Ye Mateys

“SHIP REVENGE: I made a derogatory comment about the current abilities of Flag. Promptly the ship itself started getting even with me! A hot water line burst and flooded a corner of my cabin. My bridge cabin got varnished without being properly scraped down and wasn’t available. I got no real sleep and had a bath one finger deep and dressed in a torn up repair area. I hastily and humbly apologize to the ship, admit my overt and will mend my ways! Three bows and the sign of triangle to Apollo! I hereby warn all snipes, sailors, stewards, officers, mates and midship mites that it doesn’t pay to abuse, revile, mock or insult the ship or she will take her revenge!” — The Commodore May 31, 1970

 
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Overheard in the FreeZone

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“The video I posted describes that they remote viewed (years ago) the emergence of Q Anon. And further indicates that the arrival of Q Anon was made possible thanks to the LRH Journal 67, where Ron describes who the SPs are on this planet (Bankers and the 12 SPs). Subsequently they describe Ron’s Journal 68 and give a quote by LRH of it. Then the narrator in the video indicates that he has seen that the war was won by Scientology and that is why Q Anon is able to make his appearance.”

 
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Past is Prologue

1995: Dennis Erlich reported new acts of harassment this week. JJ Gaw, Scientology investigator, visited his landlord, looking for dirt. Also, the company that holds the mortgage on Dennis’ house was hit for some documents, billed to the landlord. More random acts: “Two nights ago I noticed that the automatic lights in front of my house didn’t turn on when I approached. Checking the bulbs, I found them to have been screwed out 2 turns. “Three weeks ago someone came by and sanded the street number off the curb in front of the house. No other houses on the block got this treatment.”

 
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Random Howdy

“No way is D.M. going to intentionally beach a whale. The obvious solution would be to send someone to their mansion to audit them. I’ve read they do this. First of all, it makes the whale feel special, and secondly, it prevents the whales from going to the Orgs and seeing how empty they are.”

 
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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 pretrial conference May 31. Trial scheduled for August 29.

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‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Last hearing was on January 18, referred to grand jury. Additional charges also referred to grand jury after January 5 assault while in jail.
Jay and Jeff Spina, Medicare fraud: Jay sentenced to 9 years in prison. Jeff’s sentencing to be scheduled.
Rizza Islam and other family members, Medi-Cal fraud: Pretrial conference June 9 in Los Angeles
David Gentile, GPB Capital, fraud: Next pretrial conference set for June 2.
Joseph ‘Ben’ Barton, Medicare fraud: Pleaded guilty, awaiting sentencing.
Yanti Mike Greene, Scientology private eye accused of contempt of court: Found guilty of criminal and civil contempt.

Civil litigation:
Baxter, Baxter, and Paris v. Scientology, alleging labor trafficking: Complaint filed April 28 in Tampa federal court.
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.’ Valerie’s motion for reconsideration denied on March 15.
Chrissie Bixler et al. v. Scientology and Danny Masterson: Appellate court removes requirement of arbitration on January 19, case remanded back to Superior Court. Next hearing scheduled for June 29.
Brian Statler Sr v. City of Inglewood: Third amended complaint filed, trial set for December 6.
Author Steve Cannane defamation trial: New trial ordered after appeals court overturned prior 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] For Memorial Day: Scientology founder L. Ron Hubbard’s bogus war injuries
[TWO years ago] VIDEO: Scientology shill admits infiltrating NAACP to forward crusade against psychiatry
[THREE years ago] DOX: Scientology founder L. Ron Hubbard wanted kids to form his personal military
[FOUR years ago] Bad boys, part two: Scientology’s involvement with drug smugglers had a long legacy
[FIVE years ago] As Scientology coverage blows up, get ready for major network attention on Clearwater
[SIX years ago] Hold your horses! We can tell you who were the big celebs at Scientology’s grand opening
[SEVEN years ago] What happened when an actual scientist of the mind checked out L. Ron Hubbard in 1950
[EIGHT years ago] Apparent suicide of witness to a mysterious Scientology drug rehab death
[NINE years ago] Is After Earth Will Smith’s Scientology Coming Out Party?

 
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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 2,681 days.
Katrina Reyes has not seen her mother Yelena in 3,186 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,736 days.
Brian Sheen has not seen his grandson Leo in 1,726 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,617 days.
Christie Collbran has not seen her mother Liz King in 4,923 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,792 days.
Carol Nyburg has not seen her daughter Nancy in 3,566 days.
Doug Kramer has not seen his parents Linda and Norm in 1,897 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,370 days.
Quailynn McDaniel has not seen her brother Sean in 3,686 days.
Dylan Gill has not seen his father Russell in 12,252 days.
Melissa Paris has not seen her father Jean-Francois in 8,171 days.
Valeska Paris has not seen her brother Raphael in 4,339 days.
Mirriam Francis has not seen her brother Ben in 3,919 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,181 days.
Sara Goldberg has not seen her daughter Ashley in 3,217 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,932 days.
Marie Bilheimer has not seen her mother June in 2,457 days.
Julian Wain has not seen his brother Joseph or mother Susan in 812 days.
Charley Updegrove has not seen his son Toby in 1,987 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,538 days
Derek Bloch has not seen his father Darren in 3,687 days.
Cindy Plahuta has not seen her daughter Kara in 4,007 days.
Roger Weller has not seen his daughter Alyssa in 8,862 days.
Claire Headley has not seen her mother Gen in 3,981 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,337 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,640 days.
Brian Sheen has not seen his daughter Spring in 2,746 days.
Skip Young has not seen his daughters Megan and Alexis in 3,144 days.
Mary Kahn has not seen her son Sammy in 3,020 days.
Lois Reisdorf has not seen her son Craig in 2,603 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 3,098 days.
Mary Jane Barry has not seen her daughter Samantha in 3,352 days.
Kate Bornstein has not seen her daughter Jessica in 14,461 days.

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Posted by Tony Ortega on May 31, 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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