As jury looks at Jane Doe 3, let’s keep in mind Cohen’s statement about unconscious rape

This morning, we expect it to take quite a while for the Danny Masterson jury to get back to deliberations.

The jury has requested a read-back of testimony by Jane Doe 3 about the November 2001 incident in her case, the one that Masterson is charged for, an alleged forcible rape that included her having to pull on Masterson’s hair to get him off of her.

And the jury’s request was pretty broad, which is why we expect that the first hour this morning will be taken up with the two sides arguing over just what testimony to include and what to leave out. And then, the read-back itself could take hours more.

At issue is that when Jane Doe 3, who had been in a six-year relationship with Masterson, went to the Church of Scientology to report that he’d raped her, it was for a different incident: Her allegation that in December 2001 Masterson had raped her anally while she was unconscious, causing her injury.

In his cross-examination, defense attorney Philip Cohen made much of the fact that in 2011, when Jane Doe 3 first told her husband Cedric about what had happened with Masterson, and then in 2016 when she first went to law enforcement by approaching the Austin Police Department, that it was the December unconscious sodomy that she was reporting, not the November 2001 hair-pulling incident.

This is significant, because Cohen and the Deputy DAs prosecuting the case know that Masterson cannot be charged with the December 2001 unconscious sodomy in this trial because, since Jane Doe 3 was unconscious for it, it doesn’t fit California’s definition of “forcible rape,” which must include overcoming a woman’s will through force or fear. And for the particular law that the DA’s office is charging Masterson under, the “One Strike” law that allows them to get around the statute of limitations, forcible rape is required.

So Cohen has focused his cross-examination on the fact that the November 2001 hair-pulling incident, which does fit the definition of forcible rape as Jane Doe 3 described it in her testimony, was more of an afterthought and was even embellished, Cohen suggested, in order to fit the case since the unconscious sodomy didn’t.

We know that people are generally horrified when we tell them that the December incident, with Jane Doe 3 attacked while unconscious and bleeding, cannot be charged as “forcible rape.”

But Cohen is not only aware of it, he made a rather horrendous statement about it during an October 3 pretrial hearing.

Cohen was very open about it: If Masterson had simply knocked these women out cold with alcohol or drugs, then they wouldn’t be having a trial.

“We would love this to be a rape by alcohol or drugs case because it wouldn’t be here,” he said.

 
So during his cross-examination, Cohen did his best to bring out that Jane Doe 3 had referred to the unconscious sodomy as “the rape,” and that the November 2001 hair-pulling incident had come up later, and he suggested that it was embellished for trial.

That’s the material that the jury will be hearing today, and we don’t think they will be hearing a read-back of what Deputy DA Mueller said in his closing argument, that Jane Doe 3 had reported the December 2001 unconscious sodomy because it was so unusual, and she hadn’t initially reported the November 2001 hair-pulling incident because it was something she was more used to from Masterson and didn’t think of it as rape at the time.

Did Mueller make that distinction forceful enough? Or will Cohen’s focus on the unconscious, and uncharged, sodomy make the jury question the November 2001 incident?

We may find out with some verdicts later today, or tomorrow? We’ll see.

The jury wants a read-back

Yesterday, we put out a couple of short video reports, including one at the end of the day in which we got a little heated. Here’s the YouTube version as well.

 
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Technology Cocktail

“The acquisition of admiration by pain, by eating, or by devouring something that belongs to somebody else was later succeeded by a better communications system which would prevent eating on such a rigorous scale. This thing was sex, which is an interchange of condensed admiration particles which forwards new bodies into being. So far as the body of homo sapiens is concerned, its desire not to be eaten has been answered evidently by sex, and sex performs the function of continued survival of form. Thus, so long as one has the symbol of sex to offer, one feels relatively secure and when he does not have that symbol to offer, one feels insecure.” — L. Ron Hubbard, 1953

 
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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 as Danny faces a potential sentence of 45 years to life in prison. NOW WITH TRIAL INDEX.

THE PODCAST: How many have you heard?

— The Underground Bunker Podcast

[1] Marc Headley [2] Claire Headley [3] Jeffrey Augustine [4] Bruce Hines [5] Sunny Pereira [6] Pete Griffiths [7] Geoff Levin [8] Patty Moher [9] Marc Headley [10] Jefferson Hawkins [11] Michelle ‘Emma’ Ryan [12] Paulette Cooper [13] Jesse Prince [14] Mark Bunker [15] Jon Atack [16] Mirriam Francis [17] Bruce Hines on MSH

— SPECIAL: The best TV show on Scientology you never got to see

[1] Phil Jones [2] Derek Bloch [3] Carol Nyburg [4] Katrina Reyes [5] Jamie DeWolf

— SPECIAL: Your Proprietor’s updates on the Danny Masterson trial

[1] Sep 21 [2] Sep 28 [3] Oct 4 [4] Oct 10 [5] Oct 11: Day One [6] Oct 12: Day Two [7] Oct 13: Day Three [8] Oct 17: Day Four [9] Oct 18: Day Five [10] Oct 19: Day Six [11] Special interview with Chris Shelton, Oct 19 [12] Oct 20: Day Seven [13] Oct 21: Day Eight [14] First week in review, with Jeffrey Augustine [15] Oct 24: Day Nine [16] Oct 25: Day Ten [17] Oct 27: Day Eleven [18] Oct 28: Day Twelve [19] Second week in review, with Jeffrey Augustine [20] Halloween special [21] Nov 2: Day Thirteen [22] Nov 3: Day Fourteen [23] Nov 4: Day Fifteen [24] Third week in review [25] Nov 5, Saturday special [26] Nov 6, Sunday special [27] Nov 7, Day Sixteen [28] Lisa Marie Presley breaking news [29] Nov 8, Day Seventeen [30] Nov 9, Day Eighteen [31] Nov 10, Day Nineteen

 
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Source Code

“Clearing, actually, is not nice. And if you’re looking for some nice, sweet procedure, why, you know, be an art critic and don’t get audited. Spend all your time in the galleries where it’s quiet and serene and nothing ever happens.” — L. Ron Hubbard, November 30, 1961

Avast, Ye Mateys

“Good News: ASHO, AOSH DK and AOLA all have higher stats. Clarice Jackson is reported to be doing absolutely fantastically and one of the most respected people in the whole area known widely in the US for her first actions. She issued ‘writs of expulsion from the church’ on Berez, Taunton, Deitsch and Bernie Green and things are cooling off. Big factors in the upsurge are said to be sending Fred Hare, the new stable datum materials and new OT III results. Guardian lines show us fighting on enemy terrain for the first time, not our own. She had loads of good news and is overjoyed with her Gdn offices.” — The Commodore, November 30, 1969

 
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Overheard in the FreeZone

“The majority of stuff above OT 2 is mostly false and limiting data. AKA: bullshit. It causes psychosis. No exception. I know many people who are psychotic after doing the bridge past OT 2. I was warned 22 yrs ago, not to go past OT 2.”

 
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Past is Prologue

1996: The Norwegian newspaper Dagbladet published an article on Scientology’s war against NOTS web pages. “Many are scared when they get mile long letters from American lawyers who claim copyright and threaten to prosecute, says lawyer Knut Vigeland. Vigeland has just won a case in High Court (Lagmannsretten) where a client who had been swindled now has been awarded compensation from the Church of Scientology in Oslo. Vigeland has because of this case become well-known with the methods used by the Church of Scientology. First of all you should demand that any accusations are in Norwegian. Threats of prosecution is meaningless if there is no documentation of copyright according to Norwegian law and they refer to the actual Norwegian laws that have been violated. In USA there are 50 states and none of them have the same laws. In Norway we follow Norwegian laws, says lawyer Vigeland. He emphasizes that the Church of Scientology is not a church, but a business enterprise. Several Norwegian Internet providers have closed down Heldal-Lund’s home pages when the Church of Scientology have contacted them and threatened with American laws of copyright. Nettguiden in Ostfold has however had the secret Scientology documents available since the 15th of November. ‘I will let the documents be available here until I get a Norwegian court order that says what we do is illegal. I have received a big number of calls from USA. Recently I got a mail from a Norwegian lawyer who represents the church.’ ‘She claims that the church has been given approval in similar cases both in Sweden and Denmark. This I have asked the lawyer to substantiate’, says Oivind Robbestad who is editor of Nettguiden.”

 
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Random Howdy

“Professors Kent and Touretzky are the go-to guys in the academic study of Scientology and cults in general.”

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

Criminal prosecutions:
— Danny Masterson charged for raping three women: Trial began October 11 in Los Angeles.
— ‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Grand jury indictments include charges from an assault while in custody. Arraigned on August 29.
— Jay and Jeff Spina, Medicare fraud: Jay sentenced to 9 years in prison. Jeff scheduled to be sentenced on Oct 28.
— Rizza Islam, Medi-Cal fraud: Trial scheduled for March 1 in Los Angeles
— David Gentile, GPB Capital, fraud: Next pretrial conference set for September 19.
— 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, Scientology moving to compel arbitration. Plaintiffs filed amended complaint on August 2. Hearing scheduled November 17 to argue the arbitration motions.
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Selection of arbitrators underway. Next court hearing: February 2, 2023.
— Chrissie Bixler et al. v. Scientology and Danny Masterson: Appellate court removes requirement of arbitration on January 19, case remanded back to Superior Court. Stay in place at least through December 13.
— Brian Statler Sr v. City of Inglewood: Case settled ahead of scheduled Dec 6 trial.
— 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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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] Scientology ‘honors’ veterans by lying about founder L. Ron Hubbard’s war record
[TWO years ago] Kirstie Alley is wrong on Leah Remini & Shelly Miscavige. We know because we broke the story.
[THREE years ago] Guy White opens his big mouth: The former Hubbard family member spills on Scientology!
[FOUR years ago] The Valerie Haney interview: Scientology smear tactics, and where Shelly Miscavige is
[FIVE years ago] The new list of Scientology donors is out early this year — and the biggest whale is missing!
[SIX years ago] Amy Scobee: ‘Even on her deathbed, my mom was fighting Scientology and disconnection’
[SEVEN years ago] Where it all began for us: Rick Ross, David Koresh, and the Church of Scientology
[EIGHT years ago] Scientology Sunday Funnies: An oily and super powered edition of our weekly feature!
[NINE years ago] Scientology Celebrates its Legal Defense Slush Fund, and What a Party!
[TEN years ago] Miscavige Gets His Wish: Marty Rathbun Pulling Up Stakes?
[ELEVEN years ago] Hey, Scientology Celebrity, Here’s Your Media Training Checksheet!

 
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Posted by Tony Ortega on November 30, 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