Law&Crime Sidebar - First Accuser Testifies in 'That '70s Show' Actor Danny Masterson's Rape Trial

Episode Date: October 19, 2022

Actor Danny Masterson's sex crimes trial opens with testimony from Jane Doe 1. Tony Ortega of The Underground Bunker has been in the courtroom and discusses Jane Doe's testimony and what else he's seeing in the courtroom.GUEST:Guest: Tony Ortega LAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokePodcasting - Sam GoldbergVideo Editing - Michael Deininger & Logan HarrisGuest Booking - Alyssa FisherSocial Media Management - Kiera BronsonSUBSCRIBE TO OUR OTHER PODCASTS:Court JunkieObjectionsThey Walk Among AmericaCoptales and CocktailsThe Disturbing TruthSpeaking FreelyLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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will keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. Welcome back to Sidebar here on Law and Crime. I'm Ann Janette Levy. The sex crimes trial of That 70s show actor Danny Masterson is underway in Los Angeles. And so far, the jury has heard from Jane Doe number one. And she apparently broke down on the stand recounting and recalling a sexual assault that she said she endured at the hands of Danny Masterson. And joining us to discuss the very latest in this case and what's been going on in the courtroom is Tony Ortega of the Underground Bunker blog. And he has been covering

this case for years. And he's been in the courtroom. and now he's outside the courtroom on a break. Tony, thanks for joining us. I know it's a hot, sunny day there in Los Angeles. So bring us up to speed. What's the very latest? Right. So today was the second day of testimony for Jane Doe 1.

And yesterday they had talked about a previous incident. But today was the day they were talking about the charged incident, this alleged rape. And once it got into the really, you know, awful details and to the point where she was describing Masserson not only raping her, but choking her neck and choking her out. She just, she just couldn't speak and she began crying on the stand. Judge O'Mado asked for a short break. And what's interesting about it is that she then continued on later on, but at the end of the session before lunch break today, the defense team objected saying that when she was crying and her advocate came up to soothe her, that that was all in a hot mic and the jury could hear it. Judge O'Meer,

Just really strongly say that's not true. I know when the jury was here. I know when the jury left. I know that none of that conversation took place in front of the jury. So, you know, both sides are really getting admonished by Judge O'Mado in this case. She runs a tight ship. She doesn't, you know, she is not shy about telling attorneys what she thinks. So pretty dramatic first half of today.

Sounds like it. And what are you seeing, what are you observing with these jurors? Are they kind of hanging on every word of this Jane Doe or what's their demeanor like? I'm taking detailed notes, but I have had a few times when I can look over at the jury. And today, they really seemed interested. They're looking at everything that they're putting some photographs up now of Danny Hamashison's house, the interior of his house, as Jane Doe is describing what happened there. Every single pair of eyes was glued to those photographs and looking at Jane Doe. So yesterday, I think during opening statements, I don't know, Anginet, you tell me, is this something the jury sort of like falls into more and more attention?

Because yesterday it seemed like they were a little bit distracted. Today, they are wrapped. You know, I could see that because when you're listening to attorneys talk, sometimes, you know, you're kind of trying to follow it. This is all new. It's opening statements, really the first day in earnest. but now you have somebody who is an accuser actually taking the stand, and they're going to have to weigh her credibility. They're going to have to look at whether or not what she's testifying to about the house

and things like that, maybe line up with other evidence in the case. So I could see how, you know, they're just kind of sitting there listening to the opening statements, yeah, yeah, yeah. And then once they actually get into a witness who's an accuser and who says they endured a sexual assault at the defendant's hands, yes, you're going to be kind of more engrossed in that testimony and listening more closely. What did you make of the opening statements? I'm really interested to see or to hear what you think stood out in the opening statements for not only the prosecution, but also Danny Masterson's team. Two very, very different styles, which you're probably

not surprised to hear. Mueller was understated. And I asked another journalist what they thought, And they said they were impressed at, it wasn't so much his style. It was the facts he was putting together, that he was putting together this net of information that was really bringing in the room. And it was more the substance that he was doing that was impressive. When Cohen got up, he's a completely different style, very abulient, louder. And he attacked not so much the facts that Mueller had put up, But he then introduced some new ideas about, you know, that the women's stories had changed over time.

This is exactly what the defense said during the prelim. More of an active, I thought they both did a very good job in their ways. You know, Cohen, you can't take your eyes off, Philip Cohen. The guy is great. Mueller, though, I think you're paying more attention to those facts. So I think they both did, I think that they both did a good job. Probably the biggest story so far on day one and day two of testimony is yesterday, ended and today began with defense motions for mistrial. They wanted the, they wanted a mistrial

based on how Scientology is being introduced. Yesterday, Judge Omedo got pretty hot over, over what was happening. Judge, I think she felt that Mueller, the prosecutor, was bringing in too much Scientology too fast. She has agreed to allow a limited amount of Scientology to help explain these women's state of mind, but he was bringing in too many concepts. Now, this morning, I think after they've had some time to think about it, Philip Cohen again renewed his objections that, you know, Jane Doe 1 was saying that Scientologists think of non-Scientologists as the enemy. He really didn't like that word. And also that they described nine scientists as wogs.

But both Judge O'Meto and Prosecutor Mueller were ready for that this morning and pointed out that both of those terms came up at the preliminary hearing. that this should not be such a surprise for the defense. But, of course, and Jeanette, they've changed lawyers in that period. So Phil Cohen may not be familiar with some of these terms, and they might be a surprise to him, but they're not a surprise to Judge O'Mado, so she denied the motion. Well, I don't think that will be the first time we hear a motion for a mistrial. Obviously, the defense, they want this thing to go away. You know, even if they get a new trial, they want to push this out and delay this as much as possible.

One thing I found interesting in the underground bunker that I was reading one of your articles yesterday was the fact that Billy Baldwin, a brother of Alec Baldwin, who is married to the sister of Danny Masterson's wife, Bejou Phillips, China Phillips, remember Wilson Phillips, the band? Okay, right. So China Phillips and Billy Baldwin are married, and Billy Baldwin was there in the gallery. So tell us a little bit about that. because he's been kind of supporting him since the beginning.

I was expecting Mr. Baldwin to show up at some point. He came in for the afternoon session yesterday. The reason why I was expecting him was two years ago when Danny made his first, his initial court appearance, he brought a very large entourage, and Billy Baldwin was in that entourage. So I thought he would come to this too. So, you know, yesterday they had Danny's brother Christopher,

his brother Jordan, his sister, Ilana, all three are actors. Billy Baldwin was there. Danny's mother was there. And today, the siblings are there, but Billy is not. But they're making a very, you know, they've got a large group. And I said this even before the preliminary hearing. My sources have told me this family is tight.

And they will stand behind Danny Masher said no matter what. And so I think they're trying to make that show. I was also asked, do you think this influences the jury? I don't really think it does. they're on the opposite side of the courtroom from the jury. And these jurors seem like nice people, but I'm not sure how much they know about either Scientology or the Mastersons. They're not, they don't seem starstruck, Anjanette.

Now, I may be wrong, they might be hiding it and they're really thrilled to be in a room with Billy Baldwin and, you know, Bajou Phillips. But if they are, they're hiding it very well. Yeah. So here's the deal. And I'll just say this briefly. And it's no attack on anybody, but let's face it. Billy Baldwin, not as well known as his brother, Alec, who's far more well known. So they may see him and be like, oh, he looks kind of familiar, but not really be like, oh, my gosh, that's Billy Baldwin. So that's kind of my take on it. As far as Danny Masterson goes, do you have any observations about his demeanor?

You know, during jury selection, each morning, he was allowed to say, morning everyone, the jury. I've had one attorney tell me they felt that that was improper and they were surprised the judge allowed it. But apparently it's fine with Judge O'Mado. He said, morning everyone, well, that's over with now. I mean, you know, he's not doing that now. Look, the guy's well-dressed. He seems composed. He's calm.

He's not doing anything improper. He's not making faces at anybody or anything. I think he's, you know, doing the best under the circumstances. That's interesting. I don't think I've really seen many cases where a defendant greets the jury during jury selection. Maybe they stand up and say, hello, I'm whomever at the beginning. But that seems a little bit odd to me. But, you know, I was told that Harvey Weinstein was allowed to do that as well. So maybe it's an L.A. court thing. I don't know. Interesting. Okay. So I know you're a busy guy. And we so appreciate you, Tony Ortega, coming on here. We know you'll be at the courthouse

underground bunker. It's a great site where he is detailing everything about this case and about the trial. So thank you so much. We hope to have you back on. And thanks for enduring the heat and the noise outside that courthouse in L.A. You bet. Thank you, Anjaned. And that's it for this edition of Law and Crime Sidebar podcast. It is produced by Logan Paris, Michael Dininger and Sam Goldberg. Bobby Zoki is our YouTube manager. Kiera Bronson does our social media, and Alyssa Fisher handles our bookings. You can download and listen to Sidebar on Apple, Spotify, Google,

and wherever else you get your podcasts, you can, of course, all as always, watch it on Law and Crimes YouTube channel. I'm Ann Janette Levy, and we will see you next time. You can binge all episodes of this Law and Crime series ad-free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.