Danny Masterson is not going to testify in his personal protection at his rape trial in Los Angeles, he revealed Monday.
Choose Charlaine Olmedo – who’s presiding over the trial – advised the actor that he didn’t must take the witness stand.
‘You could have the proper to stay silent – that’s your proper, protected by the structure,’ the choose advised Masterson at the beginning of the the fifth week of the trial on the metropolis’s downtown prison courtroom.
She requested him, ‘Have you ever had an opportunity to speak to Mr. Cohen (his lead legal professional, Philip Cohen) about whether or not or not you need to testify?’
‘I’ve, your honor,’ Masterson replied.
‘What’s that call?’ requested Choose Olmedo.
‘To not testify,’ he answered.
Danny Masterson advised the choose in his rape trial Monday that he wouldn’t be testifying in his personal protection. He is seen arriving at courtroom Monday with spouse Bijou Phillips
‘You could have the proper to stay silent – that’s your proper, protected by the structure,’ the choose advised Masterson at the beginning of the trial’s fifth week
Prosecutors wound up their case in opposition to Masterson final Thursday. Monday it was the flip of his authorized workforce, Cohen and co-counsel Karen Goldstein, to current their protection to the jury.
However when Choose Olmedo requested Cohen if he was calling any witnesses Monday, he stated he was not.
Masterson, 46, who starred within the TV sitcom That ’70s present, is accused of raping three girls at his Hollywood Hills residence between 2001 and 2003.
He is pleaded not responsible to all the costs and he is going through a sentence of 45 years to life in jail if he is convicted.
Masterson, a Scientologist has been free on $3.3 million bail since his arrest in June 2020. He confirmed up at courtroom Monday in a darkish blue go well with, grey shirt and lightweight blue tie.
Choose Charlaine Olmedo – who’s presiding over the trial – advised the actor that he didn’t must take the witness stand
His accusers – whom DailyMail.com is figuring out solely as Jane Does 1 via 3 – are all former Scientologists and are additionally suing the That ’70s Present star and the Church of Scientology in civil courtroom, claiming that they have been harassed and intimidated since reporting him to police.
Before the jury was seated Monday, Cohen submitted a movement to dismiss all the costs, telling Choose Olmedo that if ‘bias, sympathy, emotion and regard from public opinion’ have been faraway from the case, ‘there may be not an affordable jury’ that might discover Masterson responsible past an affordable doubt.
Deputy District Lawyer Reinhold Mueller countered, telling the courtroom that the proof introduced in opposition to Masterson ‘helps the truth that there was forcible rape in all three counts.’
Choose Olmedo denied Cohen’s movement to dismiss, saying that she discovered the DA had introduced ‘ample proof’ to ship the case to the jury.
The choose additionally ordered one of many alternate jurors to exchange a jury-member who examined constructive for Covid on Sunday and can’t proceed.
After giving the jurors prolonged directions, Choose Olmedo dismissed them and ordered them again Tuesday morning when DDA Mueller will begin his closing arguments.
Then will probably be time for the closing arguments of protection legal professional Cohen.
In courtroom Monday, supporting Masterson have been his spouse, actress Bijou Phillips, 42, her half-sister, actress Chynna Phillips, 54 and Chynna’s husband, actor Billy Baldwin, 59.
Masterson is seen leaving the courthouse Wednesday together with his spouse Bijou Phillips, legal professional Philip Cohen, a member of the family and the remainder of his authorized workforce
Final week, a fourth alleged sufferer of Masterson cried as she advised a jury how she woke as much as discover him on prime of her, having intercourse along with her.
‘He was tough…he was pounding,’ stated dark-haired actress recognized as Jane Doe 4, whose alleged rape shouldn’t be a kind of that the Scientologist TV star is charged with.
‘I may not likely transfer or say something,’ she added.
After passing out, she advised Masterson’s rape trial, she wakened bare to seek out him smiling at her.
‘He was simply smiling at me in a manner that was complicated to me – like we have been on a date or one thing candy.’
Jane Doe 4 advised jurors that she met Masterson when the 2 had appearing roles in a low-budget film being filmed in LA in 1996.
Generally between scenes, she would catch him gazing her intently.
‘There was a harshness, coldness that left me feeling intimidated when he checked out me that manner,’ she stated.
On the wrap celebration at La Poubelle restaurant to mark the top of the film, she had a few drinks with Masterson and different forged and crew members, she recalled.
‘He was gazing me the entire night time – it was unsettling,’ stated Jane Doe 4 who later went to an after-party at his then residence on Laurel Canyon the place she had ‘perhaps three drinks’ and smoked some marijuana.
When Masterson instructed the celebration visitors ought to crash at his home, she and one of many different actors on the film went to sleep in a spare room, he on the mattress and he or she on the ground, she advised the courtroom.
‘I felt drained…however I used to be aware and conscious’ earlier than going to sleep, stated Jane Doe 4 who added that she immediately awoke to seek out Masterson ‘making an attempt to drag me up and out of the room.
‘He was saying one thing about (the opposite actor within the room) profiting from me. I kicked him away and was pushing him off…and advised him I needed to fall asleep.
‘However he was adamant about me leaving the room. He was demanding and insisting that I am going. He stated, ”You are getting out of right here, include me.”’
Jane Doe #1 burst into tears as she haltingly recounted the night time in September 2002 when she woke to seek out Masterson allegedly penetrating her anally
Jane Doe #2, testified that Masterson invited her to his home someday in late 2003. She stated that he gave her a glass of wine to drink after which ordered her, ‘like a drill sergeant,’ to take away her garments and get in his jacuzzi
Jane Doe #3 advised jurors that Masterson violently raped her after ignoring her repeated pleas and left her feeling like a ‘rag doll’
She advised jurors that she handed out and when she got here to for a few seconds, Masterson ‘had his arms round my waist, dragging me down a hallway.’
She blacked out once more, and ‘once I grew to become aware once more, he was having intercourse with me. I wakened on my again in a mattress and he was on prime of me. He was penetrating me vaginally together with his penis.’
Her voice quavering, she added, ‘He was tough and I simply bear in mind making an attempt to soak up what was occurring. I used to be fairly disoriented. I do not assume I used to be aware for very lengthy.
‘He was pounding. I may not likely transfer or say something. I used to be confused and truthfully I do not assume I may have had any coherent ideas.’
Jane Doe 4 stated that after passing out once more, ‘I wakened within the morning and I used to be wanting across the room, taking all of it in.
‘Danny wakened and he was simply smiling at me in a manner that was complicated to me – like we have been on a date or one thing candy.’
After placing on her garments that have been scattered across the room, she went on, ‘I utterly shut down, simply obtained dressed and left the room. I did not know what to make off the scenario. I did not assume he even favored me.’
She wept as she added, ‘I felt a deep disgrace and disrespected as a result of I assumed I used to be out with castmates and pals. I simply didn’t assume that was on the desk. It was not for me. I used to be disturbed however I did not know the way to deal with it.’
When she obtained residence that day, Jane Doe 4 stated, ‘I felt fairly bodily ailing in addition to being sore and being form of mentally incapable of coping with any of it.
‘My vagina was sore and so was my anus. The insides of my thighs have been tender and bruised. I felt my complete physique was in ache – like an unimaginable hangover, however excessive.’
She stated the primary particular person she talked to in regards to the alleged rape was Jane Doe #2 – 17 years later in 2013.
Jane Doe 4 advised the courtroom that after the alleged rape, she would sometimes run into Masterson in LA and ‘I might discover myself shaking.’
On considered one of these events – a mutual pal’s housewarming celebration – she went to the lavatory and when she got here out she discovered Masterson, ‘blocking my exit and gazing me with what I felt was a threatening stare,’ she stated including that she ducked previous him and left the celebration.
Underneath questioning from Deputy District Lawyer Reinhold Mueller, Jane Doe 4 stated that she met with Jane Doe 2 in New York in 2013 who ‘advised me that Danny Masterson raped her.’
Underneath questioning from Deputy District Lawyer Reinhold Mueller (pictured), Jane Doe 4 stated, ‘I understood it to be non-consensual however I had not categorized it as rape’
Contradicting what she stated in earlier testimony, Jane Doe 4 stated that at that 2013 assembly, she didn’t inform Jane Doe 2 that she too had been raped by Masterson.
She did not reveal that until she despatched a message to Jane Doe 2 in 2019 after studying in regards to the alleged rape circumstances involving Jane Does 1 via 3.
Jane Doe 4 advised the jury that Masterson raped her a second time, a few month after the primary. She stated Masterson and a ‘bunch of men’, together with actor Scott Caan (pictured) confirmed up at her condominium the place ‘Danny obtained out and the others left’
Requested by DDA Mueller why it took her is lengthy to go to the police and report him for the alleged rape in 1996, Jane Doe 4 stated, ‘I didn’t course of it in 1996.
‘I understood it to be non-consensual however I had not categorized it as rape.
‘And once I heard in regards to the case (involving Jane Doe 1 via 3), I bear in mind me hitting it totally and having to sit down with that.’
When DDA Mueller requested her when she did lastly obtained to the police in 2019, ‘At that cut-off date did you may have an understanding that what occurred to you was rape?, she responded, ‘Sure.’
Again on the witness stand later Wednesday, Jane Doe 4 advised the jury that Masterson raped her a second time, a few month after the primary. She stated Masterson and a ‘bunch of men’, together with actor Scott Caan, confirmed up at her condominium the place ‘Danny obtained out and the others left.’
Since she had room-mates, she took him upstairs to her room the place, she stated, they talked and he gave her a drink from a flask he was carrying with him.
‘I believe it was whiskey – I simply had a few swigs,’ stated Jane Doe 4 who added that she could not recall Masterson ingesting from the flask.
Inside 15-20 minutes she advised the jury she was feeling ‘extraordinarily intoxicated – I recall fairly shortly turning into incoherent.
‘We went from speaking and it moved to him taking off my pants and him beginning to have intercourse with me. ‘I used to be telling him I did not need to have intercourse and he was laughing and persevering with on.
‘I used to be telling him to cease and I additionally advised that he did not have a condom on – and he stated, ‘Ailments are within the thoughts.’
She stated that she went ‘utterly unconscious’ and I did not bear in mind something until the subsequent morning when Masterson woke her up ‘and requested me to provide him a trip to his baseball recreation.’ She advised jurors that when she woke she feeling ‘shaky and hungover’. Her vagina and anus damage and ‘I used to be fairly out of it.’
Masterson performed wise-cracking Steven Hyde on That ’70s Present from 1998 to 2006
However she nonetheless took him to the baseball recreation. Underneath cross examination from Masterson’s legal professional, Philip Cohen, Jane Doe 4 – who shouldn’t be a Scientologist – admitted that she advised cops she hadn’t thought ‘one single bit’ about both alleged rape until they interviewed her in 2019.
‘But it surely was extra that I had not processed it,’ she added. ‘There have been a number of occasions it got here to thoughts.’
She admitted telling police and the DA that she was ‘actually drunk’ through the first incident.
And when Cohen requested her if she advised the DA that ‘intercourse form of occurs when individuals are ingesting,’ she stated, ‘That is how I handled what occurred in my thoughts.’
At Cohen’s suggestion that she and Masterson learn collectively for a brand new film and drove to auditions collectively, Jane Doe 4 stated, ‘He did drive me to at least one audition.’
When Cohen requested Jane Doe #4 Thursday if ‘your physique was shaking’ when she invited Masterson into her condominium earlier than the second alleged rape, she answered, ‘I haven’t got a shake meter…..however I felt unnerved. I bear in mind feeling confused and uncomfortable.’