How it went down: Transcript of Judge Olmedo denying Danny Masterson’s motion to dismiss

On June 30, we told you that Danny Masterson was getting perhaps his last chance to disrupt his criminal rape case. His attorneys Philip Cohen and Shawn Holley were in court that day, arguing that the first of the three counts against him, the allegations of Jane Doe 1, should be dismissed.

We were fortunate to have Jeffrey Augustine in the courtroom, who helped us break the news that the motion had been denied, and that Masterson’s trial is still scheduled for October 11.

Now we’ve obtained an official transcript of the hearing, and it gives us an even better view of not only what happened that morning, but once again shows how well prepared Judge Charlaine Olmedo is for this case.

Right off the bat, for example, Judge Olmedo admonished both sides that she was not going to allow the filing of any more documents making allegations about the “past sexual history or conduct” of the three victims unless it was under seal.

Throughout this case, Masterson’s defense team has been filing highly inflammable accusations in their court documents, and in the latest motion there was a questionable document that made some pretty distasteful allegations about Jane Doe 1 that had nothing to do with the case. It was a letter supposedly written by a friend of Masterson’s who had died in 2006.

The defense had entered it ostensibly to argue that the long passage of time prejudiced the case against Masterson because, for example, his friend who had died in 2006 couldn’t testify. But as Deputy District Attorney Reinhold Mueller pointed out, the letter was a farce: It was unsigned and undated, and California’s rape shield law would have prevented it from being entered as evidence in the trial anyway.

Judge Olmedo was clearly not amused. She told both sides there would be no further submitting evidence about the women unless it was done under seal.

She then briefly reviewed what the morning’s business was, a continuation of the May 21 hearing to argue Masterson’s motion to dismiss Jane Doe 1’s count. Jane Doe 1 alleges that she was raped at Masterson’s house in the early morning hours of April 25, 2003. She has testified that over the the objections of the Church of Scientology (she was a member then), she reported the incident to the LAPD in June 2004. Later that month, however, the DA’s office declined to file charges. But twelve years later, in 2016, the LAPD reopened the investigation after two more women had come forward with similar allegations and from around the same time period. The DA’s office finally filed charges, three counts of forcible rape, in June 2020. (If Masterson is found guilty of all three counts, he’s facing 45 years to life in prison.)

Masterson’s team was attempting to sway Judge Olmedo that the long delay between 2004 and 2020 prejudiced the case against their client, and this morning they had a new example.

Cohen said they had become aware of a letter written in 2004 by Jane Doe 1’s father to Masterson. It was seven pages, single spaced, and in it Jane Doe 1’s dad accused Masterson of raping his daughter.

Cohen read some portions of the letter in court, including this passage: “Obviously, if you didn’t think having sex with a girl who is so out of it you have to carry her upstairs to throw up, prop her against the wall while you turn on the shower, one you have to undress to get her in the shower, one you actually have to have her wash the vomit out of her hair meets the legal definition of rape, any other girl in that condition is not safe being around you.”

Cohen argued that the letter actually helped prove their point, saying that no reference was made in the letter to “physical force being used by Masterson to effectuate the rape.”

ane Doe 1’s father died in 2010, and once again here was someone the defense could not call to testify at the trial because of the long delay in the case. Cohen repeated some of the other things he had said at the May 21 hearing, about other reasons the Jane Doe 1 charges should be tossed out, including items supposedly missing from the 2004 police file.

Deputy DA Mueller began his rebuttal by arguing that the things Cohen had submitted simply didn’t add up to prejudice. Before taking on the letter written by Jane Doe 1’s father, he referred to the way the defense was misquoting a “Knowledge Report” written by Masterson’s assistant, Brie Shaffer, about the evening. (Shaffer today is married to Scientology celebrity and actor Michael Peña.)

At that point, Judge Olmedo stepped in.

Judge Olmedo: And just so we’re clear for the purposes of these proceedings and should there be a review in the future — both sides, please let me know if the court is correct — a Knowledge Report is a document used in Scientology, the practices of Scientology, where one Scientologist reports another Scientologist for conduct, for lack of a better term, otherwise unbecoming of a Scientologist or against Scientology principles.

Mueller: Thank you.

Olmedo: Correct? Am I correct in that?

Mueller: Yes, you are.

Once again, Judge Olmedo showed she had studied up and cared about this kind of detail regarding Scientology.

Returning to the letter written by Jane Doe 1’s father, Mueller said that he had seen it for the first time only that morning. But even after his brief examination of it, Mueller pointed out that it was a mistake to assume that the man had written it based solely on talking to his daughter. The letter actually made reference to several different written reports, not a conversation.

Mueller read another passage from the letter: “After reading [Jane Doe 1’s] description of events along with Brie’s write-up done the day of the rape and after hearing about Luke Watson’s sessions, KRs, and additionally after having spoke to Luke Watson in person and having him explain to me exactly what condition [Jane Doe 1] was in that night, all that, coupled with your own write-up leaves no room for doubt in my mind that what occurred is essentially a rape.”

(Watson and Shaffer were both named on the police report that Jane Doe 1 submitted to the LAPD in 2004. It’s also important to note the reference here to a report written by Masterson himself, presumably his own Knowledge Report or similar to the church.)

Not only was it a mistake to assume that the letter reflects a conversation between father and daughter, Mueller pointed out, but the letter actually ends up confirming much of Jane Doe 1’s testimony in the preliminary hearing, including Masterson taking her into the shower before attacking her.

Judge Olmedo then raised a question that should make Scientology very nervous. She pointed out that all of these people, witnesses like Shaffer and Watson, and Jane Doe 1’s father, were all Scientologists, and that would influence their accounts. It should also be kept in mind in regards to witnesses who might have told police that they didn’t recall things, but might say something different under oath on the witness stand. We will quote at length from Judge Olmedo’s remarkable observation…

Judge Olmedo: Neither side had really addressed the issue of crimes that are committed when all individuals belong to the same organization or their sphere of organization. That organization can be a street gang, it can be a corporation, it can be a religious organization like the Catholic Church, you know, and the sex crimes within the Catholic Church.

But there is a different dynamic that goes on when you interview witnesses as it relates to the statements they give and sometimes the changing nature of those statements based upon their fear, fear of repercussion, fear of individuals, fear of organizations. And so this court doesn’t take the view that, because someone made one statement, that must necessarily be true at that time or that the statement that’s first given to the police might necessarily be true at the time. It’s this court’s experience, for having done — most of the crimes I have tried in the last ten years have been organizational crimes.

The statements — the witnesses can give a whole range of statements. Some are true and some are not true. And both sides argue to the jury, for a variety of reasons, you should believe this statement, you shouldn’t believe that statement. And that whether you believe it or not is dependent upon the relationship of the people, the relationship of the people to the organization, the fear that the people might have of different matters within the organization.

Obviously, here we’re dealing with Scientology. The defense, not just in this motion but many of your motions has brought in a number of Scientology documents as it relates to the statements of the witnesses or victims in trying to argue what is true or not true.

When it was Cohen’s turn again, he tried to belittle the idea that two more women coming forward was really significant. But Judge Olmedo stepped in with a telling retort.

Cohen: I haven’t heard of any statements, concessions, admissions made by Masterson. I haven’t heard of any new tangible evidence. I haven’t heard of anything. So the only thing that has changed are these two Jane Does.

Judge Olmedo: That could be a valid consideration, can’t it?

And then she caught Cohen in a contradiction:

Judge Olmedo: On the one hand you say they absolutely could have prosecuted the case and they could have won the case had it been charged in 2004. But you also now just argue that it’s a weak case and therefore the justification has to be stronger. Aren’t you, by saying it’s a weak case, undercutting it should have been prosecuted in 2004?

In her recitation of the case, Judge Olmedo went over all of the defense’s arguments. And once again, she made a telling observation about Scientology and this case.

Judge Olmedo: What is interesting to note is that at various times through these proceedings, notwithstanding the defense argument that Scientology is not involved in this case, the defense has submitted a number of Scientology documents, used arguably to impeach the alleged victims in this case but which show clearly that there was Scientology proceedings taking place as relates to this incident which have documents some of the incidents. So if Brie Shaffer’s memory has faded, you have the Knowledge Report that she had authored. And to the extent any other witness statement or report could be used to refresh someone’s memory, it appears to this court at least at this point there is a number of Scientology documents that the Scientology witnesses can use to refresh their memory if they need to with regard to this incident. So the defense is not prejudiced on that basis.

Then, she delivered her ruling.

Judge Olmedo: For those reasons, the court finds there is no prejudice. But assuming the court is incorrect and assuming, arguendo, if there is a reviewing court down the road — and I’m not trying to foreshadow anything — if there is a review down the road and the court is incorrect, then, and the defense has established prejudice such that the people need to justify the delay, the court finds that, back in 2004, when the case was a he-said-she-said type of case, as the court said there was only two people in the room, that the justification that the passage of time resulted in more women coming forward and resulted in new evidence in the form of 1108 and 1101 evidence and, therefore, new charges, that that delay is more akin to an investigative delay and nothing more.

So the court finds that justification is sufficient to overcome any claim of prejudice.

Balancing out the potential harm of the defendant against the justification for the delay, the court finds, as in Bracamontes, that the strong public interest in prosecution outweighs any potential for prejudice as I’ve already outlined.

For all of those reasons, the defense motion to dismiss Count One for pre-accusation delay is denied.

Once again, Masterson’s inflammatory filings had not worked to throw the case out of court. Of course, his attorneys can bring the evidence they’ve been citing in these motions into the trial itself, and they no doubt will. And they’ll hope it puts doubt in the minds of jurors.

Will Danny roll the dice with a jury when he might be facing life in prison? October 11 will be here before you know it.

 
——————–

Technology Cocktail

“There are numerous kinds of traps and ways of catching and freezing a thetan. These are categorized as Projectile which shoot a thetan, usually with beams or lights; Luring which cause a thetan to inspect; Pole which trap a thetan with his own energy; Prison which imprison the thetan; and Maze which confuse a thetan. Temperature and perhaps chemicals are used to paralyze a thetan once caught. All other mental activities are done by implanting. Screen implants cause the thetan to put his pictures up on a screen where they are misdated and scrambled. Picture implants simply show the thetan pictures which he recoils from or takes to be his own. Picture implants are also occasionally filled with false dates. They give the thetan false pasts and futures. They often repeat the actual beginning and ending of the incident in picture form, making it hard to get before or after the implant as one sees pictures of his arrival and departure and so thinks he is not into the implant or out of it. Goal implants are the third and most serious type of implant. They take a goal and pattern of items with left and right firing poles or jets and implant terminals and opposition terminals. The pattern is a too regular GPM not unlike a thetan’s own GPMs. This confuses the thetan as to his own goals and seeks to scramble his own goals and items. The implanted GPM gets confused into the thetan’s own GPMs and often in running a thetan’s own goals and items one gets into implant goals or items and vice versa. One only needs to straighten it out by carefully asking on the meter if this is an installed goal or items or an actual one.” — L. Ron Hubbard, 1963

 
——————–

Jon Atack and Karen de la Carriere

 
——————–

Source Code

“Very few engrams start out with words, usually they start out with something like ‘splat’ or ‘clink’ or ‘tinkle’ or ‘thump.’ There’s something ahead of what you are running. People who have non-sonic don’t pick up this material too well, but it will still come through.” — L. Ron Hubbard, July 11, 1950

 
——————–

Avast, Ye Mateys

“Our Richard Gorman has done the most effectively gruesome anti-psychiatry poster I’ve ever seen. I photographed it in colour and it’s off to the pubs for colour photolitho and the world. US news has barely mentioned Rockefellers many later visits! Only European carried it hard. Couldn’t be US Press is censored? Or maybe owned? We were told to sail by pilot due to storm. We’ll be going when it abates. We’re all cleared out of port. Hence no liberty possible, sorry.” — The Commodore, July 11, 1969

Overheard in the FreeZone

“Back in the mid seventies I lived in an old Scientologist-owned rooming house on Hoover Street in Los Angeles. It was chock full of disembodied thetans from top to bottom. There were some really scary beings running around that place — and some not so scary. Two not-so-scary thetans inhabited the upper corner of my room just above my door. I perceived them to be two old ladies who were perpetually terrified and clinging to each other. I was young, and just let them be for many months. One day after having gone exterior with full perception, I decided that it was high time the old ladies moved on and got back into the game. I guess I just wanted them to have a chance to get some of what I’d recently experienced in Scientology. Anyway, I fixed my attention on them and told them it was time to go. What was really interesting is that they balked about being told to leave, and actually got angry. What ensued was something of a tussle between thetans as they pushed all sorts of ridges and blackness at me. I suppose you could say that we got into a heated argument, but in the end they did finally take off. That wasn’t the first or last time I had to do that with a ‘ghost’, and I do hope they wound up in a better place.”

 
——————–

Past is Prologue

2001: The Irish Times reported that the High Court has refused Scientology’s request to get personal information from a woman suing Scientology for altering her personality with mind control techniques. “Mr. Justice Butler found there was no willful refusal by Ms Mary Johnson to comply with the order for discovery. It ‘beggared belief’ that the order involved Ms Johnson having to make discovery of documents relating to her intimate relationships, he said. Ms Johnson, who operates a sports equipment shop at Westwood, Foxrock, Co Dublin, has sued the COS and three named persons, Mr. John Keane, described as a ‘mission holder’, and Mr. Tom Cunningham and Mr. Gerard Ryan, both described as members of the COS. Mr. Cush argued that some records were being sought to embarrass Ms Johnson. He said the judge must also take into account the conduct of the defendants, who were using court procedures to delay the action. He said Ms Johnson’s first affidavit of discovery was made in 1997, and the first complaint about it was made only 2 1/2 years later. Dismissing the application to strike out the action, Mr. Justice Butler said while the court order for discovery was properly made, he had never seen such an oppressive order. It included 28 categories of documents with sub categories, some of which were ‘plainly ludicrous,’ including documents relating to any intimate relationships she had had with any person other than the third named defendant or with whom she had shared a residence.”

 
——————–

Random Howdy

“In Hubbard’s own words the Church of Scientology is an anti-democratic organization whose stated goal is world domination. The German government has deemed Scientology a totalitarian orientated group and has decided that Scientologists are ineligible to hold certain government jobs. I believe this is a very wise decision on their part.”

 
——————–

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

Criminal prosecutions:
— Danny Masterson charged for raping three women: Trial scheduled for October 11.
— ‘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: Readiness hearing scheduled for August 22 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.
— 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, next status hearing October 25.
— 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.

 
——————–

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?

 
——————–
THE WHOLE TRACK

[ONE year ago] Scientology’s full report on its ‘All-Ideal USA’ blowout! It’s a fundraising juggernaut!
[TWO years ago] ‘Scientology’s Hogwarts’ and other schools got PPP loans
[THREE years ago] Scientology and the FDA: The conspiracy that never was
[FOUR years ago] Scientology hip-hop continues to amaze us, and we hope it transports you as well
[FIVE years ago] How Humira, the world’s best selling drug, is helping to finance Scientology into the future
[SIX years ago] Scientology founder L. Ron Hubbard’s caretaker and friend, Steve ‘Sarge’ Pfauth, 1945-2016
[SEVEN years ago] The story of Brian Sheen and his ‘disconnected’ Scientology daughter you haven’t heard
[EIGHT years ago] Ken Dandar could use a cool million in his fight against Scientology
[NINE years ago] Mike Rinder: Is the Leah Remini Anonymous Smear Website Coming Soon?
[TEN years ago] Scientology Relents: Will Hold a Memorial for Son of Church President, Mother Not Invited
[ELEVEN years ago] Listen: A Scientologist’s Anthem to the ‘Galactic Patrol’

 
——————–

——————–

Posted by Tony Ortega on July 11, 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