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Prosecutors within the Danny Masterson trial known as a witness to the stand on Monday to again up a girl’s declare that the actor raped her.
However as soon as on the stand, the witness, Shaun Fabos, supplied a element that was useful to the protection. Fabos testified that he by no means noticed bruises on the girl throughout a household journey to Florida. The lady had testified that she was visibly bruised on her hip and wrist space after the alleged rape in April 2003.
The testimony got here as a shock as a result of Fabos had not revealed that he was on the journey in prior interviews with prosecutors. He mentioned he first talked about it solely final Thursday to a protection investigator. Fabos additional testified that although he had grown up within the Church of Scientology, he had solely lately develop into deeply concerned with it.
“I actually turned a Scientologist within the final two years,” he testified.
The testimony marked the latest method wherein the church and its practices have forged a shadow over the trial. Masterson is a lifelong Scientologist, and the girl who testified final week — who goes by Jane Doe #1 — is a former Scientologist. She has alleged that she confronted the specter of excommunication from the church for reporting Masterson to the police, and nonetheless fears retaliation from the church for testifying.
Choose Charlaine Olmedo gave prosecutors permission to deal with Fabos as a “hostile witness,” that means they may ask him main questions. She mentioned that Fabos had been “evasive at instances,” and in contrast the state of affairs to a “gang witness” who would possibly change their testimony primarily based on who’s within the viewers.
“I feel the inference that’s popping out, as I perceive it, isn’t that the protection would do one thing unseemly,” Olmedo mentioned, “however that the witness, who’s an energetic Scientologist, could also be altering his testimony.”
Fabos was known as as a witness as a result of Jane Doe #1 had confided some particulars of the incident to him in a gathering at a espresso store shortly after it occurred. He testified that she informed him she had woken up in Masterson’s mattress, and that “one thing bizarre had occurred and undoubtedly foul play occurred.”
“That’s not OK,” Fabos informed her in response, based on his testimony. “I’m going to beat the shit out of him.”
Jane Doe #1 urged him to not do something. Days later, she known as him and informed him that in actual fact nothing untoward had occurred. She would inform him a number of years later that she had denied the rape as a result of she feared the implications from persevering with to speak about it, he testified.
Fabos initially didn’t recall one element of the alleged rape, wherein Jane Doe #1 alleged that Masterson threw her right into a jacuzzi. He later recalled that element after being reminded of a telephone name he had with Jane Doe #1 in regards to the case in 2017. Jane Doe #1 testified final week that the police requested her to file telephone calls. Fabos testified that he didn’t know that she was recording him.
On cross-examination, Fabos mentioned he didn’t know whether or not Jane Doe #1 was raped or not. He additionally mentioned that he had not introduced up his recollection of the Florida journey as a result of till final week, nobody had requested.
“Has anybody from the Church of Scientology informed you what to say?” requested Karen Goldstein, Masterson’s lawyer.
“No,” Fabos answered.
The following witness was Rachel Dejneka, a cousin of Jane Doe #1’s who was extra useful to the prosecution’s case. She recalled seeing bruises on the Florida journey, and that Jane Doe #1 appeared “afraid,” “not herself” and “not energetic” on the journey.
She additionally testified that Fabos was not there.
“He had gone to some journeys with us,” she mentioned. “I don’t imagine he was at that exact journey that 12 months.”
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