Jane Doe No. 1 on Thursday picked up her harrowing tale of sexual assault at the hands of Danny Masterson, details of which caused one juror to ask to be excused over “concerns.”
Judge Charlaine F. Olmeda on Thursday announced that a juror “as asked to be excused due to concerns after yesterday’s testimony,” and that the request was granted. An alternate juror from the pool of seven was selected to sit on the panel of 12.
The day before, the accuser, also known for purposes of trial as “JB,” recalled how the “That 70s Show” star allegedly used violence, intimidation and a gun to rape her at his Los Angeles home.
JB broke down more than once as she told the jury how she went to Masterson’s home in 2003, drank a drink he gave her and began to feel woozy after he threw her into his hot tub. That’s when she said he took her upstairs to the shower and bedroom, raped her while she drifted in and out of consciousness, and pulled a gun out of a drawer while insisting she be quiet when someone was outside the door.
Masterson’s lawyers had their first chance Thursday to cross-examine the Jane Doe No. 1, also known for purposes of trial as “JB.” They pointed out that the witness had believed up until 2018 the the sexual encounter was consensual – and she agreed that was the case. They also noted how less than one year apart, she told one investigator “I was out of it,” and to another said “I was not out of it.”
At one point Masterson’s lawyers began to ask about JB’s history with alcohol, which prompted the judge to clear the courtroom and admonish defense attorney Phillip Cohen.
“You can ask about JB’s low tolerance to alcohol that night, but not about her prior drinking history,” the judge said. When everyone returned, he did.
“In September of 2002, did you have a low tolerance for alcohol?” he asked.
“I feel like … [nods her head yes].”
Cohen also led JB to say that at one point she told investigators that during vaginal intercourse with Masterson, she said she was laughing and “saying it was weird.” Asked if she had said no at that point, she said: “I never said no.”
“At some point,” the lawyer continued, “Mr. Masterson’s penis makes contact with your anus.”
Shortly after that, JB broke down again and the judge called a recess. Upon their return, but before the jury and witnesses were called, Masterson’s attorney complained to the judge that the defense was inferring that the alleged victims had been drugged via “something fishy” in the drinks they were given by Masterson – but the judge said no one from the prosecution had stated that.
Cohen spent considerable time interrogating statements JB made to police years ago, and how they may differ from her recollection now. But the judge again admonished Masterson’s lawyer, saying his questions were confusing and “convoluting” the testimony of JB, who clearly could barely remember those conversations.
When Cohen asked JB how many times she recalls going in and out of consciousness, she said: “I count seven.”
“During your rape allegation with Masterson,” the lawyer said, “one of the things that happens is he chokes you so hard that you’re having a lot of trouble breathing?”
JB agreed, saying Masterson had his hand around her neck, using both his hand and body weight to push down on her windpipe.
“As he is exerting this force and squeezing you saw in his face ‘the look of hate.’”
“Yes,” JB said.
“You thought that was the last thing you were going to see?”
“Yes.”