At yesterday’s pretrial hearing, Danny Masterson’s prosecution and defense argued over what should be included and disallowed in his upcoming retrial, which is scheduled to begin jury selection on April 11.
We are curious, of course, to learn what changes the prosecution is going to make after the first trial ended in a hung jury on November 30.
And this time Deputy DA Reinhold Mueller revealed the prosecution’s witness list much earlier than he did last time, including it in the brief he submitted before yesterday’s hearing.
We knew you’d want to know which names are on that list — and which aren’t — and so here’s our breakdown.
The victims
Jane Doe 1: One of three women whose allegations of being raped by Danny Masterson make up the charges on the case, and that could send him to prison for 45 years to life if he’s convicted of all three counts. Jane Doe 1’s account in the first trial described becoming suspiciously intoxicated in a 2003 incident after Masterson gave her a fruity red drink at his house, then throwing her in a jacuzzi. Later, she said, he raped her violently in his room and brandished a gun when they heard someone outside the door. Jane Doe 1 had been a friend to Masterson and described a previous sexual encounter with him that she had also come to regard as not consensual.
Jane Doe 2: An acquaintance of Masterson when he invited her to his house in 2003, she testified that she was unusually intoxicated after a single glass of wine that he insisted she drink when she arrived. She testified that she anticipated the potential of a mildly romantic encounter, and was willing to allow a kiss, but that she repeatedly told Masterson no when he violently attacked her on his bed.
Jane Doe 3: Was in a six-year relationship with Masterson, and she described a loveless match that had her giving in to demands for sex when she didn’t want it. In her charging incident, she described yanking on Masterson’s hair in order to get him off of her in November 2001.
Tricia Vessey: An actress who testified to being raped by Masterson after a 1996 wrap party and then again a month later at her apartment. Her incidents are not charged, but she is testifying as a “past bad acts witness.”
Kathleen Jenkins: A woman who says Masterson raped her at a cast party in Toronto in 2000. Like Vessey, she would testify as a past bad acts witness. But defense attorney Philip Cohen is objecting to her participation, saying that her allegations are more about claims that she was drugged than the forcible rapes through “force or fear” that make up the charged counts of the case.
The civilian witnesses
Kathleen Jenkins’ ex-husband: Will presumably provide corroborating testimony to back up her description of the 2000 cast party. If she is excluded, however, he will be unnecessary.
Jane Doe 2’s mother: A lovely woman who provided some heartbreaking testimony in the first trial. We noted at the time that Cohen’s cross-examination of her was ugly, and she held her own. In particular, when she described coming to learn that rape was not about outdated ideas, but was simply about a lack of consent.
Cedric Bixler-Zavala: Jane Doe 3’s husband provided some brief but powerful testimony in the first trial about his feelings for his wife.
Rachel D: Jane Doe 1’s cousin testified in the first trial about a family vacation in Florida that Jane Doe 1 had flown to immediately after she was attacked by Masterson. Rachel described how unusually her cousin acted, and she was the first to hear from her that something with Masterson had taken place.
Jordan Ladd: Actress friend of Jane Doe 2. She testified that Jane Doe 2 told her in 2003 that she had been raped by Masterson and asked her not to tell anyone.
Nicolas Olszewski: We first wrote about Nick here at the Underground Bunker in 2021. He reached out to us to let us know that he had worked on The Ranch, a series starring Masterson and Ashton Kutcher that ran on Netflix from 2016 to 2020. He told us he had witnessed some interesting behavior by Masterson. One of those incidents, and apparently what the prosecution wants Olszweski to testify to, is this incident, as it appeared in our story:
Olszewski was present with a group in Kutcher’s dressing room when he saw Danny Masterson giving advice to another The Ranch cast member, Elisha Cuthbert.
“Before Elisha and her sister and her girlfriends were going to Las Vegas for a birthday party, Danny gave them a crash course in how to avoid getting roofied. I thought it was strange, how he knew so much about it,” Olszewski says.
Defense attorney Philip Cohen is objecting to Olszewski being allowed to testify, arguing that a comment made by Masterson in 2015 is not relevant to incidents that are alleged from 2001 to 2003.
Rachel S: Friend to Jane Doe 2 and former Scientologist. She testified to being told by Jane Doe 2 that Masterson had raped her.
Mariah O’Brien: Formerly married to Giovanni Ribisi and mother to their daughter Lucia Ribisi. She testified that Jane Doe 2 blurted out she’d been raped by Masterson at a dinner party at O’Brien’s house. She also testified that she has worked closely with Danny and Bijou Masterson as a designer, and exchanged smiles with him in court.
The LAPD witnesses
Det. Humberto Jaime (did not testify in the first trial)
Det. Esther Myape
Det. Deborah Myers
Det. Alexander Schlegel
Det. Javier Vargas
Claire Headley: In the first trial the prosecution wanted to bring in Claire, a former Sea Org official, to give testimony about Scientology policies. But Judge Olmedo ruled that, based on the testimony in the May 2021 preliminary hearing, the Jane Doe witnesses had explained those policies adequately without help. Once again, the prosecution is asking to bring in Claire, and the defense is opposing it.
Barbra Ziv, MD: The prosecution is apparently replacing expert Dr. Mindy Mechanic with Dr. Barbra Ziv, who will testify to the possibility that Masterson’s victims were drugged. Based on arguments during yesterday’s hearing, this may be the biggest change from the prosecution’s approach in the first trial, a greater emphasis on the allegation that Masterson drugged these women. Cohen is pushing back fiercely, saying that this puts an emphasis that is not related to the charges in the case, about forcible rape by “force or fear.”
LAPD Criminalist specializing in drug analysis: The prosecution also wants to call a second expert witness, also with a focus on drugging.
Who’s not on the list:
Damian Perkins: Former Scientologist, he provided a witness statement that he was present the night of the party at Danny Masterson’s house in April 2003, and that he saw Jane Doe 1 there and she said to him, “Oh my God, Danny just raped me.” Perkins was included on the witness list for the first trial but never called.
Shawn Fabos: Scientologist who was formerly friends with Jane Doe 1. The prosecution called him in the first trial, expecting to get him to admit to what he had said in a recorded phone call, that he had been told by Jane Doe 1 about the 2003 incident with Masterson shortly after it happened. But on the witness stand, Fabos unexpectedly claimed that he was also on the Florida vacation, and disputed Jane Doe 1’s testimony about it.
Erick Geisler: We were stunned to spot Geisler in the courthouse the first day of the trial, because of his past as a known Scientology spy. We believe the prosecution wanted him to testify that Scientology had instructed him to intimidate Damian Perkins if Damian planned to testify in the trial.
Marty Singer: Danny Masterson’s entertainment lawyer and a powerful Hollywood figure, he was spotted in the hallway waiting to testify in the first trial, but was never called. He would have testified about an agreement between Masterson and Jane Doe 1 in 2004 that made her promise not to speak about her incident in return for $400,000.
Yesterday’s hearing lasted into the afternoon, and both sides argued over which witnesses and issues should be allowed in the retrial.
Judge Olmedo said she would issue a written ruling today at 10 am Los Angeles time, and we’ll get it to you as soon as we can.
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Technology Cocktail
“The Havingness Scale, which fits at that innocuous word “Mass” on the Reality Scale, consists of the doingnesses with regard to Mass. And they begin at the top with Create, go down at once into Contribute To, into Confront, into Have, into Waste, and on down into Substitute. That all belongs at Mass; these are all the things you do with mass.” — L. Ron Hubbard, 1957
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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.
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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
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“It’s an interesting thing that there exists on Earth a cult which believes a hundred percent that it has the only god there is in this universe. And this is quite an interesting thing. See, this is terribly interesting. Anybody who says he has a total monopoly on all there is of something, which you can’t weigh, see or measure, is suspect. Christianity’s gain in the world and its departure from its own announced principles were in the main in the direction of control…It is not even a major group today in European and American spheres of influence. It keeps telling you that it is, but it isn’t. The majority of the white races today are not members of the Christian church. And there are about ten times as many Buddhists. Oh I don’t know, two hundred times as many Buddhists or something. Rather overwhelmingly big. But that was an effort to control. And an interesting effort to control, because when it failed in its own basic tenets it then departed from its basics. And our quarrel with it is, that in practice it isn’t what it says it is. That’s our only quarrel with it. It is something that tries to appear one way when it is something else.” — L. Ron Hubbard, March 28, 1957
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“NEVER NEVER NEVER NEVER NEVER go near a British Consul in any port we are in for passport renewal or any other reason. Send the person to another port we don’t use. The Corfu trouble has been traced by our Missionaires to FORTE the Corfu British Consul who told the most vile and fantastic lies about us such as the H&W men were now in an insane asylum in Athens! That we poisoned wells and did black magic. We are suing him there and also will kick it back to England. The whole Corfu incident was censored out of Greek press and has not hit International Press. So no ports know of it. Which is okay. But let that be a lesson to us about British Consuls. So that’s how they lost their empire! 3rd Party specialists. By the way they supply arms to both sides of the Biafra conflict and both sides in the Israel-Jordan Suez war! Also, by the way, an official protest was made by the Panama Consul General in Athens to the Greek govt. And so Panama is on our side. Also the Nomarch is being removed in Corfu. Hah! But the people there are terrified of arrest so we’re pulling our Mission out. We won after all.” — The Commodore, March 28, 1969
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“What happens when the newly emerging Tyranny, Monarchy and Dictatorship of TechnoScientoMathematical Authority gets tied into the Money, Finance and Appreciation of our Americanosophic Allusions in Libertarianism, Capitalism and Altruism? What happens when the newly evolving ‘pandemic effects’ ripple across the infrastructures of education, healthcare and transportation, and prompt further autonomous depersonalized postmodernizations in need of more worthwhile interactivity and integrativity going forward?”
1996: Martin Hunt posted the text of the Russian Brainwashing book, written by LRH. He also posted a review of the book, entitled “Psychopolitics.” “‘Brain-washing’ is Hubbard’s great attempt to third-party rabid anti-Communists and the psychiatric community to make the Communists look bad, and especially to make the mental health field, psychiatrists and psychologists, look bad, but also and mainly to make room for Dianetics as a legitimate player in the field of mental health. Major themes include anti-Communist and anti-psychiatric rants, and plans to take over the world through ‘psychopolitics’ (Scientology). Reading between the lines of ‘Brain-Washing’ and taking a hard look at the terminology Hubbard uses can pay big dividends for the astute critic. Hubbard’s dreams of setting up a totalitarian state with himself as sole dictator are visible in the text, as is the brutality which Hubbard would dearly love to visit upon the populace under his control. The reader almost needs a rag at times to wipe off Hubbard’s drool over his palpable lust for power.”
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“I laugh when Scientologists state that Scientology has nothing to do with faith or belief, and that it doesn’t involve a belief in the supernatural or paranormal. Yeah, spirits, reincarnation, telekinesis, astral projection, demons (body thetans) have nothing to do with anything like that!”
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Full Court Press: What we’re watching at the Underground Bunker
Criminal prosecutions:
— Danny Masterson charged for raping three women: Mistrial declared November 30. Retrial scheduled, jury selection begins March 29. Next pretrial hearing: Feb 16.
— ‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Grand jury indictments include charges from an assault while in custody. Next pretrial hearing Feb 13.
— Rizza Islam, Medi-Cal fraud: Trial scheduled for March 1 in Los Angeles
— David Gentile, GPB Capital, fraud: Next status conference Feb 13.
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 November 17 to argue the arbitration motions, awaiting ruling.
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Selection of arbitrators underway. Next court hearing: March 15, 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 February 7.
— 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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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] No, Will Smith was not high on Scientology when he slugged Chris Rock at the Oscars
[TWO years ago] Scientology social media: The gang’s all here, let’s clear the planet!
[THREE years ago] This is Scientology’s plan for bringing good ‘hygiene’ to your door
[FOUR years ago] Scientology’s Narconon drug rehab expansion plans DENIED in Maryland and Michigan
[FIVE years ago] Scientology TV was launched with a massive ad campaign — is it working?
[SIX years ago] Lawrence Wright goes to Nazareth; or, how Reza Aslan drove us into the arms of L. Ron Hubbard
[SEVEN years ago] Scientology at Comic Con: An attempt at a minor intervention, as told by Phil Jones
[EIGHT years ago] On the eve of ‘Going Clear’, Leah Remini says she’s grateful to the people behind it
[NINE years ago] Ted Babbitt’s gambit: Recasting the Garcia federal fraud lawsuit against Scientology
[TEN years ago] In Dianetics, the Uterus is a Frightening Place — ALSO: Nation of Islam Boosting Involvement?
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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 2,982 days.
Katrina Reyes has not seen her mother Yelena in 3,487 days
Sylvia Wagner DeWall has not seen her brother Randy in 3,037 days.
Brian Sheen has not seen his grandson Leo in 2,027 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,918 days.
Christie Collbran has not seen her mother Liz King in 5,222 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 3,093 days.
Doug Kramer has not seen his parents Linda and Norm in 2,198 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,675 days.
Quailynn McDaniel has not seen her brother Sean in 3,987 days.
Dylan Gill has not seen his father Russell in 12,553 days.
Melissa Paris has not seen her father Jean-Francois in 8,472 days.
Valeska Paris has not seen her brother Raphael in 4,640 days.
Mirriam Francis has not seen her brother Ben in 4,221 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,482 days.
Sara Goldberg has not seen her daughter Ashley in 3,518 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 3,234 days.
Marie Bilheimer has not seen her mother June in 2,798 days.
Julian Wain has not seen his brother Joseph or mother Susan in 1,113 days.
Charley Updegrove has not seen his son Toby in 2,288 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,839 days
Derek Bloch has not seen his father Darren in 3,970 days.
Cindy Plahuta has not seen her daughter Kara in 4,308 days.
Roger Weller has not seen his daughter Alyssa in 9,163 days.
Claire Headley has not seen her mother Gen in 4,282 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,638 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,941 days.
Brian Sheen has not seen his daughter Spring in 3,047 days.
Skip Young has not seen his daughters Megan and Alexis in 3,445 days.
Mary Kahn has not seen her son Sammy in 3,321 days.
Lois Reisdorf has not seen her son Craig in 2,904 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 3,399 days.
Mary Jane Barry has not seen her daughter Samantha in 3,653 days.
Kate Bornstein has not seen her daughter Jessica in 14,762 days.
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Posted by Tony Ortega on March 28, 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
