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Read Danny Masterson’s probation report that recommended state prison

One of the best things about covering Danny Masterson’s two trials was getting to know other journalists who work out of Los Angeles Superior Court. And we were especially fortunate to get to know Meghann Cuniff, who covers the stories there like a bulldog. Seriously, you should be reading her essential reporting on cases there if you aren’t already.

And Meghann has once again proved a great help to the Underground Bunker. She helped us get our hands on the character letters written for Masterson by his friends Ashton Kutcher and Mila Kunis, and now she’s also helped us obtain Masterson’s pre-sentencing probation report.

Masterson was sentenced not to probation but to 30 years to life in prison on September 7, but the report is still interesting and we knew you’d want to see it all.

We’ve reproduced it here in a more readable format, and we’re looking forward to your reactions.


People of the State of California v. Daniel Peter Masterson

Birthdate: 3/13/1976
Gender: Male
Ethnicity: White
Citizenship status: Born in the U.S.
Estimated days in jail: 101
Custody status: In custody – county jail

Recommendation: Denial, state prison

Sources of information: Police reports, district attorney, court records
Arrest date: 6/17/20
Arresting agency: Los Angeles Police Department

Elements and relevant circumstances of the offense:

On April 25, 2003, the defendant committed the crime of forcible rape, in violation of Penal Code Section 261(A)(2), in that he had sexual intercourse with victim Jane Doe #1, by means of force. On or between October 1, 2003, and December 31, 2003, the defendant committed a second count of forcible rape, in violation of Penal Code Section 261(A)(2), in that he had sexual intercourse with victim Jane Doe #2, by means of force.

According to the police report, on June 6, 2004, victim Jane Doe #1 responded to the Hollywood police station to report a sexual assault incident which occurred on April 25, 2003. The victim reported she was out with some friends at a club and was not consuming alcohol. She related she and her friends decided to go to a party at the defendant’s residence. While she was at the defendant’s residence, the defendant mixed victim Jane Doe #1 a drink. The victim related she immediately began to feel lightheaded and dizzy.


Victim Jane Doe #1 related she began to feel nauseous, and the defendant took her to the bathroom to vomit. The defendant guided the victim inside his residence and into a restroom. Victim Jane Doe #1 then vomited into the toilet and on herself.

The victim related the defendant told her to take off her clothes and take a shower. The victim complied, and the defendant rubbed soap on her while she was in the shower. The defendant then carried victim Jane Doe #1 into his bedroom and threw her onto the bed. The victim related she attempted to get up, and the defendant pushed her back down. The victim said she passed out. When she woke up, the defendant was on top of her having sexual intercourse with her. She noted he had his penis inside her vagina. The victim told the defendant to stop and get off of her. At that point, the victim pulled out a pillow and pushed it into the defendant’s face. The defendant took the pillow from the victim and pushed the pillow into the victim’s face. The victim related she could not breathe and thought she was going to die.

Victim Jane Doe #1 reported she became in fear for her safety and tried to get away from the defendant. The victim related she wiggled over to the nightstand, where she attempted to find something to hit the defendant with. However, the defendant grabbed the victim’s hands and pinned them above her head. The defendant then placed his left hand around the victim’s throat and choked her until she passed out. Victim Jane Doe #1 related she woke up alone and crawled out of bed because she was unable to stand. She then hid in the bathroom closet. The defendant entered the bedroom and said, “Where are you.” The defendant opened the closet door, and the victim attempted to crawl out of the closet. The defendant then picked up victim Jane Doe #1 and threw her back onto the bed. The victim related she did not remember anything else. However, she noted her anus hurt in the morning. Victim Jane Doe #1 believed the defendant gave her a “date rape drug.”

Victim Jane Doe #1 noted she previously had consensual sexual intercourse with the defendant and considered him a friend. She said she did not want to report the incident because she did not want her parents to find out and did not want to “get him in trouble.” Police officers filed a case alleging rape with the district attorney’s office. However, the case was rejected.

During a follow-up interview with Jane Doe #1, she said she remembered the defendant having sexual intercourse with her as she strangled her. She said he repeatedly stated, “You’re not going to tell anyone!” She added he pointed a gun at the floor. Victim Jane Doe #1 also recalled a prior incident which occurred in September of 2022. She reported she went to a bar with the defendant and had two alcoholic drinks. Victim Jane Doe #1 related she slept at the defendant’s residence. She said she woke up on her stomach with the defendant trying to sodomize her. The victim related she told the defendant to stop it and turned over on her stomach. She related she later woke up and found the defendant was having sexual intercourse with her.

During the course of investigation, police officers became aware of a second possible rape incident involving the defendant. Victim Jane Doe #2 reported she went with a friend and the defendant to a bar between October 1, 2002 and December 31, 2003. The victim later went to the defendant’s residence, and the defendant gave her a glass of wine. Victim Jane Doe #2 reported the defendant demanded that she finish the wine. The defendant then demanded that victim Jane Doe #2 take off her clothes. However, the victim refused. At that point, the defendant made her drink more wine. The victim related she remembered being in the shower with the defendant, and the defendant kissing her. She related she told him she did not want to have sex with him. The defendant then digitally penetrated the victim’s vagina and sexually assaulted her in the shower. Victim Jane Doe #2 related her next memory was being sexually assaulted on the defendant’s bed. She related she remembered being on her hands and knees with the defendant behind her. He then flipped her over and sexually assaulted her again.

[The report also notes that Masterson has to register as a sex offender. He has no juvenile arrest record. A DNA sample from him is on file. The probation officer noted that he had not spoken to Jane Doe 1 or Jane Doe 2, but that they would give victim impact statements in court.]

Additional information:

The defendant reported he lives with his wife and nine year old daughter [redacted]. The defendant reported he moved to the Los Angeles area in 1992 from New York to work as an actor. The defendant plans to return [redacted] upon his release. He noted the address listed on the [redacted]. However, he will provide the information to the court upon request.

Additional information:

The defendant reported he has been married to Bijou Phillips for 18 years, and they have a nine year old daughter together. He added he supports his family financially and also provides care for his daughter. The defendant reported he continues to talk to his family regularly while in custody and even helps his daughter with her homework during calls. [Redacted].

Formal education:

The defendant reported he obtained his GED (General Education Diploma). He noted he began acting at the age of four and was regularly tutored on the set. He added he attended one semester of college at the Art Center in Pasadena.

Additional information:


The defendant reported he is an actor and producer. He related he began acting and modeling at age four. However, he noted he last worked as an actor/producer in 2018. He added he started a farm in 2018 and continues to earn income from the farm. The defendant noted the farm produces grapes and wine. The defendant was uncertain of his monthly income. He said he would have to consult with his financial manager and review financial records.

Financial status
Income stability: Stable
Net monthly income: Undetermined
Primary income source: Farm
Secondary income source(s): Acting residuals
Estimated total assets: Undetermined
Estimated total liabilities: Undetermined
Major assets/Estimated value: Ranch, farm, investments, three vehicles
Major liabilities/Estimated amount (monthly): Lawyer bills, mortgage, credit cards

Additional information:

The victim related he earns income from his farm and he receives residuals from his time working as an actor. He was unable to provide exact figures regarding his major assets and liability. He reported his financial status is stable, and he continues to provide financial support for his family.

Gang activity: No

Defendant’s statement:


On August 31, 2023, this officer interviewed the defendant at Los Angeles County Men’s Jail. The defendant related his primary concern is the impact the current matter has had upon his family. He noted his wife [redacted] and he desires to be with her to help raise their child.

Interested parties:

On August 29, 2023, this officer contacted the investigating officer, Detective Vargas [redacted] of the Los Angeles Police Department. He stated, “I am vehemently opposed to the defendant receiving probation.”

On August 31, 2023, the defendant’s attorney provided this officer with reference letters from numerous individuals, including family members, fire department personnel, police officers, charity workers and various other people. All of the letters provide insight into the defendant’s good character, charity work, and his love for his family and friends. The defendant’s attorney reported all of the reference letters will be submitted to the court on the next court date.


The defendant is a 47 year old male with no known prior criminal record. In the current matter, he has been convicted of raping two female victims. According to statements by victim Jane Doe #1, the defendant used force and violence upon her and choked her until she became unconscious. It should also be noted both victims believe they were drugged by the defendant and became unconscious prior to being raped. The allegations made by the victims are troubling and warrant concern for public safety.

It appears the defendant violated the victims’ trust and likely caused them to suffer severe emotional damage. The defendant must be held accountable for his actions, and sanctions should be ordered to protect the community. To the defendant’s credit, he has no prior record of criminal conduct, strong community ties, and a stable lifestyle. In addition, he provided numerous reference letters regarding his good character. Nevertheless, as charged, the defendant is ineligible for probation. Furthermore, the defendant is viewed as unsuitable for probation based upon the severity of the current offense, the vulnerability of the victims, and the potential threat to the public safety.

Sentencing considerations:

The defendant is ineligible for probation pursuant to Penal Code Section 1203.065(A) and 667.61(H).

The defendant is ineligible for probation pursuant to Penal Code Section 1203(E)(2), unless the court determines this is an unusual case.

Circumstances in aggravation:

1. The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness.

2. The victim was particularly vulnerable.

Circumstances in mitigation:


1. The defendant has no prior record, or has an insignificant record of criminal conduct, considering the recency and frequency of prior crimes.

The circumstances in mitigation and aggravation are such that should the defendant be ordered to state prison, the high base term is indicated.

Should special allegations be found true, the defendant may be required to serve additional terms.


Should the defendant be convicted, it is recommended that probation be denied and that the defendant be sentenced to state prison with appropriate pre-imprisonment credit, pursuant to 1170(H)(3)PC, that the court order the defendant to pay a restitution fine pursuant to 1202.4 PC in a manner as instructed by the court/probation officer, total amount to include a service charge.

Recommendation pursuant to 1203.1 PC:

Should the defendant be convicted, it is recommended that the defendant be ordered, pursuant to Penal Code 1203.1b, to appear before the probation officer, or his authorized representative, to make an inquiry into the ability of the defendant to pay all or a portion of the costs or services provided by the probation officer, that the defendant be ordered to report to the probation officer within two (2) working days of release from court or custody at the Ascot Intake Office, area office at 210 W. Temple St. Room 3-516, Los Angeles, CA 90012.

Respectfully submitted,

Guillermo Viera Rosa
Interim Probation Officer


Technology Cocktail

“All chronic somatics and behavior patterns are contained in valences and are not traceable to the current lifetime since one can reach present life, is caring for present lif and is being present life, so present life is an area of responsibility.” — L. Ron Hubbard, 1962




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?

[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

— The first Danny Masterson trial and beyond

[18] Trial special with Chris Shelton [19] Trial week one [20] Marc Headley on the spy in the hallway [21] Trial week two [22] Trial week three [23] Trial week four [24] Leah Remini on LAPD Corruption [25] Mike Rinder 2022 Thanksgiving Special [26] Jane Doe 4 (Tricia Vessey), Part One [27] Jane Doe 4 (Tricia Vessey), Part Two [28] Claire Headley on the trial [29] Tory Christman [30] Bruce Hines on spying [31] Karen de la Carriere [32] Ron Miscavige on Shelly Miscavige [33] Karen de la Carriere on the L’s [34] Mark Bunker on Miscavige hiding [35] Mark Plummer [36] Mark Ebner [37] Karen Pressley [38] Steve Cannane [39] Fredrick Brennan [40] Clarissa Adams [41] Louise Shekter [42] John Sweeney [43] Tory Christman [44] Kate Bornstein [45] Christian Stolte [46] Mark Bunker [47] Jon Atack [48] Luke Y. Thompson [49] Mark Ebner [50] Bruce Hines [51] Spanky Taylor and Karen Pressley [51] Geoff and Robbie Levin [52] Sands Hall [53] Jonny Jacobsen [54] Sandy Holeman



Source Code

“The zygote is very easily injured. Every abdominal pressure affects it. However, an auditor should run the ovum-sperm series three or four days before conception. Although this hasn’t been checked objectively, cases respond much better if you get that series. The time up to before the first missed menstrual period has been checked objectively, because somebody else has this material too, but it is not easy to check conception objectively. Conception is a specific moment and you are not quite sure when it arrives. However, until the time this data is checked objectively, the reality of it is strong.” — L. Ron Hubbard, September 27, 1950


Avast, Ye Mateys

“A last minute despatch from Neptune as he left the ship follows: Commodore: I have the honor, Sir, to report that your crew has been (1) Instructed (2) Examined (3) Passed. They are now fully initiated, qualified, called, designated, dubbed, christened, titled and entitled SEA DOGS by my stamp and seal. All sharks, porpoises, whales, fish, squids, minnows, and polywogs must now salute them as brothers of the Sea. (Signed) Neptunis Rex, GOD OF THE SEAS AND OCEANS” — The Commodore, September 27, 1971


Overheard in the FreeZone

“Another idea that I remember some people talked about was that a cleared planet would occur if there were enough Clears that the amount of their theta would, by the laws of theta, disenturbulate the entheta of the other (not Clear) thetans on the planet. This is supported by the first chapter in Science of Survival, with regard to theta in enough quantity causing disenturbulation of entheta.”


Past is Prologue

1997: Chris Owen announced additions to his “Scientology’s Secret Service” web site, including documents from 1988 and 1990 showing attempted infiltration of the French government. “The main item is a selection of OSA documents from France, originally reproduced in Serge Faubert’s book ‘Une secte aue coeur de la Republique’. They reveal how OSA planted agents in the Elysee palace; the agents appear to have had direct access to President Mitterand himself. Interestingly, a noted a.r.s. poster, Roger Gonnet, also appears in the French documents.”



Random Howdy

“If you leave or get kicked out they have a big ray gun device called the Hubbard Engram Re-Stimulator that can locate you anywhere on the planet and zap you with a beam that re-implants all the charge you blew.”


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

Criminal prosecutions:
Danny Masterson charged for raping three women: Found guilty on two counts on May 31, remanded to custody. Sentencing on Sep 7.
‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Grand jury indictments include charges from an assault while in custody. Trial scheduled for August 15.
David Gentile, GPB Capital, fraud.

Civil litigation:
Leah Remini v. Scientology, alleging ‘Fair Game’ harassment and defamation: Complaint filed August 2, first hearing set for Dec 4.
Baxter, Baxter, and Paris v. Scientology, alleging labor trafficking: Forced to arbitration. Plaintiffs allowed interlocutory appeal to Eleventh Circuit.
Valerie Haney v. Scientology: Forced to ‘religious arbitration.’
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 sentencing of Masterson on Sep 7. Next hearing set for Sept 26.
Jane Doe 1 v. Scientology, David Miscavige, and Gavin Potter: Case unsealed and second amended complaint filed. Next hearing Nov 6.
Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Ordered to mediation.



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.


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.


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?


[ONE year ago] In Los Angeles, shilling for Scientology becomes issue in mayor’s race
[TWO years ago] Where is Scientology in 2021? Outside the US, it’s largely in Taiwan and Mexico
[THREE years ago] SCIENTOLOGY BLACK OPS, Episode 7: Celebrities who seek godhood through David Miscavige
[FOUR years ago] The rise and fall of a Scientology mogul just took another mysterious twist
[FIVE years ago] What a train wreck: The ignominious fate of Scientology’s original flagship, the ‘Apollo’
[SIX years ago] Bernie Feshbach, 1923-2017: A man who fought against Scientology in his own way
[SEVEN years ago] ‘Horrifying’ autism ‘cure’ exposed by BBC turns out to be Scientology: Now, the inventor speaks
[EIGHT years ago] Our Pacific Northwest adventure begins this afternoon with a stop in Portland
[NINE years ago] Ryan Hamilton files lawsuit number 21 against Scientology’s drug rehab network
[TEN years ago] Federal Judge Orders Evidence Preservation Based on Narconon Georgia’s “Misconduct”


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 3,165 days.
Katrina Reyes has not seen her mother Yelena in 3,680 days
Sylvia Wagner DeWall has not seen her brother Randy in 3,230 days.
Brian Sheen has not seen his grandson Leo in 2,220 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 2,101 days.
Christie Collbran has not seen her mother Liz King in 5,405 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 3,276 days.
Doug Kramer has not seen his parents Linda and Norm in 2,381 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,828 days.
Quailynn McDaniel has not seen her brother Sean in 4,170 days.
Dylan Gill has not seen his father Russell in 12,736 days.
Melissa Paris has not seen her father Jean-Francois in 8,655 days.
Valeska Paris has not seen her brother Raphael in 4,822 days.
Mirriam Francis has not seen her brother Ben in 4,404 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,665 days.
Sara Goldberg has not seen her daughter Ashley in 3,701 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 3,417 days.
Marie Bilheimer has not seen her mother June in 2,981 days.
Julian Wain has not seen his brother Joseph or mother Susan in 1,296 days.
Charley Updegrove has not seen his son Toby in 2,471 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 7,022 days
Derek Bloch has not seen his father Darren in 4,153 days.
Cindy Plahuta has not seen her daughter Kara in 4,491 days.
Roger Weller has not seen his daughter Alyssa in 9,346 days.
Claire Headley has not seen her mother Gen in 4,465 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,821 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 7,124 days.
Brian Sheen has not seen his daughter Spring in 3,230 days.
Skip Young has not seen his daughters Megan and Alexis in 3,628 days.
Mary Kahn has not seen her son Sammy in 3,504 days.
Lois Reisdorf has not seen her son Craig in 3,069 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 3,582 days.
Mary Jane Barry has not seen her daughter Samantha in 3,836 days.
Kate Bornstein has not seen her daughter Jessica in 14,945 days.


Posted by Tony Ortega on September 27, 2023 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, 1995-2022 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2022), 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


Tony Ortega at Rolling Stone


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