Attorneys are set to give opening statements in the Danny Masterson rape trialon Tuesday, as a jury is expected to be chosen by mid-morning.
Over the last week, the initial pool of 225 potential jurors has been narrowedto about 85. On Monday, the defense and the began prosecution to question thepotential jurors in open court — in what is called voir dire — after aninitial round of screening from Judge Charlaine Olmedo.
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One of the key questions has been how much the potential jurors know aboutScientology. Masterson is a Scientologist and each of his three accusers was aScientologist at the time of the alleged rape. The accusers — now all ex-Scientologists — have said that they delayed going to the police out ofconcern that they could be excommunicated.
At the outset of his questioning, defense attorney Philip Cohen emphasizedthat Scientology is not on trial.
“Scientology is not a party (in the case), but you’re going to hear about it,”Cohen said. “Whether you feel so strongly about your religion — or so stronglyagainst other religions — that’s going to be an issue.”
Over the last several days, numerous jurors have said that they have seen orread something about Scientology. By far the most popular source ofinformation was “Scientology and the Aftermath,” the A&E docuseries hosted byex-Scientologist Leah Remini, a critic of the church. The two-hour finale ofthat show, in 2019, included a discussion of the Masterson case. Masterson’slawyers have argued that Remini is effectively a “victim advocate” for one ofthe accusers.
Many of the jurors who said they watched the show have already been excused,though no reason was given for their removal.
The jurors who are familiar with the church have not been asked to offer anydetails of what they have seen or read, so as not to taint the other jurors.One of them said he had read numerous articles about the church. Asked by thejudge to say only whether the articles were positive or negative, he said, “Idon’t believe I’ve read a positive article about that organization.”
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He was excused.
Many jurors said they knew little or nothing about the church. A fewidentified Tom Cruise as a Scientologist, but knew nothing beyond that aboutchurch beliefs and practices. Some said they had only heard the name“Scientology.”
“I’ve seen their majestic building,” said one person.
At least one person said she had read L. Ron Hubbard’s “Dianetics,” or asimilar book, and others said they had seen ads promoting Scientology. Acouple said they had seen TV ads in which LA mayoral candidate Rick Carusoattacks rival Karen Bass for appearing at a Scientology event.
Only two jurors said they had ever met a Scientologist. One said he worked ata company in the 1990s where the owner, and most of the staff, wereScientologists. He said his co-workers didn’t talk much about their religion.
“I may have asked,” the person said. “It was a long time ago.”
That person was excused. Another juror said that he had friends who had leftthe church and who had complaints about it.
“They considered it a traumatic experience,” he said. “I know it’s arestrictive organization.”
The juror said that it would be hard to put that aside and be fair. Itappeared that the person had been excused by lunchtime on Monday.
But the vast majority of the jurors said they could be fair to Mastersonregardless of his religion.
Addressing the jurors on Monday afternoon, Cohen called Scientology “theelephant in the room.”
“Does Mr. Masterson’s former and current relationship and involvement andstatus as a Scientologist have any impact on how you view him with respect tothe government’s burden to prove the charges?” Cohen said. “This is somethingI really need to know.”
No one raised their hand.
The jurors were also asked for their feelings about the #MeToo movement. Oneman expressed doubt about allegations from long ago.
“Why does it take so many years for someone to come forward?” he asked.
Another man, who described himself as a feminist, said he felt an inclinationto support an accuser’s testimony.
“I think a victim that has the courage to take the stand — there may be someelement of truth,” he said.
Asked if he would be able to set aside his predisposition and follow thejudge’s instructions, he said, “I personally think it would be difficulty todo so.”
Cohen thanked him for his honesty.
“That’s voir dire,” Cohen said.
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