A juror seated for Danny Masterson’s rape trial asked to be excused over “concerns,” and was granted their dismissal Thursday after testimony from the day before – an accuser’s harrowing recollection of how the “That 70s Show” star allegedly used violence, intimidation and a gun to rape her.
Judge Charlaine F. Olmeda on Thursday announced that a juror “as asked to be excused due to concerns after yesterday’s testimony.”
An alternate juror was brought in, and the witness’ testimony continued. Six of seven alternates remained.
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The day before, the witness 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 in his hot tub with other guests. 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 making noise 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. And 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.”
“Correct.”
“At that point you say no,” Cohen said, “and Masterson immediately moves his penis … “
“No,” JB said, before breaking down into tears again.
At that point the judge called for the midday recess.
More to come …
