Three weeks after opening statements started, Danny Masterson’s rape retrial rested at this time. Yet, with the previous That 70’s Show actor as soon as once more dealing with a trio of sexual assault prices and probably years behind bars, the Church of Scientology is again within the courtroom highlight.
After the prosecution ended its case early Friday and the protection referred to as no witnesses, Los Angeles Superior Court Judge Charlaine Olmedo stated closing arguments would begin Tuesday. That might see the jury deliberating behind closed doorways by Wednesday and a verdict within the following days.
However, partially overshadowing these deliberations could be a really critical sharing of data.
Somehow a lawyer representing the David Miscavige-led church, which isn’t a defendant on this legal case, has come into possession of a big swath of the L.A. County District Attorney’s Office’s discovery materials on this matter. Going off like a authorized landmine, the revelation would possibly see the prosecution referring the leak of types to the LAPD and even perhaps the state bar.
This all got here to gentle two days in the past when Deputy DA Reinhold Mueller informed the court docket that the George Gascón-led workplace had acquired an e mail on May 2 from lawyer Vicki Podberesky criticizing the way in which the church had been referenced within the retrial that started April 27. Stunningly, hooked up to that e mail, which had the topic line of “False reports of stalking and harassment by the Church of Scientology,” had been 12 recordsdata containing the invention materials.
Whether the attachment of the recordsdata with the DA e mail from Podberesky was an oversight, an unintended consequence, a shot throughout the bow or only a dumb mistake, solely the prosecution, the protection and the court docket are imagined to have such paperwork.
First arrested in 2020 over the alleged assaults that occurred between 2001 and 2003 in his Hollywood Hills home, Masterson faces as much as 45 years in state jail if discovered responsible on all three rape counts this time spherical. The actor, who rapidly was fired from the Netflix comedy The Ranch on the finish of 2017 as assault claims grew to become identified and has been excluded from the That ’90s Show revival, at all times has stated that intercourse with all of the Jane Does had been consensual.
In court docket on daily basis, as he was within the five-week first trial, outstanding Scientologist Masterson has been free on $3.3 million bail for the previous three years.
The discovery materials that Podberesky and maybe her shopper possess incorporates private emails, texts and extra from the three Jane Does to police and others, a few of which had been used within the earlier trial and this one, plus extra “recently obtained” data.
The possession of that materials by the Scientology-hired lawyer might represent a violation of California’s Marsy’s Law, amongst different issues.
More formally often called the California Victims’ Bill of Rights Act of 2008, Marsy’s Law is meant to make sure that victims are “to be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.” In testimony and in a civil case that names each Masterson and the Church of Scientology as defendants, the Janes Does — all of whom are former members of the church — and relations have spoken about being stalked, harassed and intimidated due to having reported the alleged rapes to regulation enforcement.
Along with the invention materials turning into public, and subsequent Leah Remini tweetstorm, it seems that Podberesky lately met with LAPD Chief Michel Moore and filed complaints with the division on behalf of Scientology over “numerous unsubstantiated and false reports by the Masterson-complaining witnesses in which they allege the church has harassed them.”
In the earlier trial, which resulted in a deadlocked jury on November 30, after greater than 5 weeks of often-harrowing testimony from the Jane Does, Cohen repeatedly tried to dampen or get tossed out any reference to Scientology, its practices or insurance policies. Judge Olmedo resisted these requests however did warning Mueller and fellow Deputy DA Ariel Anson to be particular to the issues at hand of their mentions of the Church.
With the jury out of the ninth-floor courtroom on the Clara Shortridge Foltz Criminal Justice Center at this time after the retrial rested, protection lawyer Shawn Holley informed a clearly displeased Judge Olmedo that neither she nor her colleague Phillip Cohen supplied the fabric to Podberesky. Previously, Cohen, who additionally was Masterson’s protection lawyer within the first trial, denied that he had handed over the paperwork.
Former O.J. Simpson and Lindsay Lohan lawyer Holley then tried to shift focus by stating there by no means was a protecting order within the case and invoked the identify of former Masterson protection lawyer Tom Mesereau. Stating that “Nothing untoward has occurred, and Ms. Podberesky is willing to come to court to say so,” Holley additionally urged that the fabric might have emerged out of the at present paused civil case – which appears unlikely however nonetheless shouldn’t be permitted.
Issuing a preservation order Friday, Judge Olmedo indicated she’ll be setting apart time whereas the jurors deliberate subsequent week to debate the invention materials matter additional. With jurors launched this morning till Tuesday, attorneys for either side and the choose spent the remainder of Friday going over jury directions. They wrapped simply earlier than 4 p.m.
No one within the DA’s workplace replied to request for touch upon the invention materials problem, nor Podberesky or did reps for Cohen or Holley. If or after they do, this submit shall be up to date.
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