One of the best things about covering Danny Masterson’s two trials was getting to know other journalists who work out of Los Angeles Superior Court. And we were especially fortunate to get to know Meghann Cuniff, who covers the stories there like a bulldog. Seriously, you should be reading her essential reporting on cases there if you aren’t already.
And Meghann has once again proved a great help to the Underground Bunker. She helped us get our hands on the character letters written for Masterson by his friends Ashton Kutcher and Mila Kunis, and now she’s also helped us obtain Masterson’s pre-sentencing probation report.
Masterson was sentenced not to probation but to 30 years to life in prison on September 7, but the report is still interesting and we knew you’d want to see it all.
We’ve reproduced it here in a more readable format, and we’re looking forward to your reactions.
People of the State of California v. Daniel Peter Masterson
Birthdate: 3/13/1976
Gender: Male
Ethnicity: White
Citizenship status: Born in the U.S.
Estimated days in jail: 101
Custody status: In custody – county jail
Recommendation: Denial, state prison
Sources of information: Police reports, district attorney, court records
Arrest date: 6/17/20
Arresting agency: Los Angeles Police Department
Elements and relevant circumstances of the offense:
On April 25, 2003, the defendant committed the crime of forcible rape, in violation of Penal Code Section 261(A)(2), in that he had sexual intercourse with victim Jane Doe #1, by means of force. On or between October 1, 2003, and December 31, 2003, the defendant committed a second count of forcible rape, in violation of Penal Code Section 261(A)(2), in that he had sexual intercourse with victim Jane Doe #2, by means of force.
According to the police report, on June 6, 2004, victim Jane Doe #1 responded to the Hollywood police station to report a sexual assault incident which occurred on April 25, 2003. The victim reported she was out with some friends at a club and was not consuming alcohol. She related she and her friends decided to go to a party at the defendant’s residence. While she was at the defendant’s residence, the defendant mixed victim Jane Doe #1 a drink. The victim related she immediately began to feel lightheaded and dizzy.
Victim Jane Doe #1 related she began to feel nauseous, and the defendant took her to the bathroom to vomit. The defendant guided the victim inside his residence and into a restroom. Victim Jane Doe #1 then vomited into the toilet and on herself.
The victim related the defendant told her to take off her clothes and take a shower. The victim complied, and the defendant rubbed soap on her while she was in the shower. The defendant then carried victim Jane Doe #1 into his bedroom and threw her onto the bed. The victim related she attempted to get up, and the defendant pushed her back down. The victim said she passed out. When she woke up, the defendant was on top of her having sexual intercourse with her. She noted he had his penis inside her vagina. The victim told the defendant to stop and get off of her. At that point, the victim pulled out a pillow and pushed it into the defendant’s face. The defendant took the pillow from the victim and pushed the pillow into the victim’s face. The victim related she could not breathe and thought she was going to die.
Victim Jane Doe #1 reported she became in fear for her safety and tried to get away from the defendant. The victim related she wiggled over to the nightstand, where she attempted to find something to hit the defendant with. However, the defendant grabbed the victim’s hands and pinned them above her head. The defendant then placed his left hand around the victim’s throat and choked her until she passed out. Victim Jane Doe #1 related she woke up alone and crawled out of bed because she was unable to stand. She then hid in the bathroom closet. The defendant entered the bedroom and said, “Where are you.” The defendant opened the closet door, and the victim attempted to crawl out of the closet. The defendant then picked up victim Jane Doe #1 and threw her back onto the bed. The victim related she did not remember anything else. However, she noted her anus hurt in the morning. Victim Jane Doe #1 believed the defendant gave her a “date rape drug.”
Victim Jane Doe #1 noted she previously had consensual sexual intercourse with the defendant and considered him a friend. She said she did not want to report the incident because she did not want her parents to find out and did not want to “get him in trouble.” Police officers filed a case alleging rape with the district attorney’s office. However, the case was rejected.
During a follow-up interview with Jane Doe #1, she said she remembered the defendant having sexual intercourse with her as she strangled her. She said he repeatedly stated, “You’re not going to tell anyone!” She added he pointed a gun at the floor. Victim Jane Doe #1 also recalled a prior incident which occurred in September of 2022. She reported she went to a bar with the defendant and had two alcoholic drinks. Victim Jane Doe #1 related she slept at the defendant’s residence. She said she woke up on her stomach with the defendant trying to sodomize her. The victim related she told the defendant to stop it and turned over on her stomach. She related she later woke up and found the defendant was having sexual intercourse with her.
During the course of investigation, police officers became aware of a second possible rape incident involving the defendant. Victim Jane Doe #2 reported she went with a friend and the defendant to a bar between October 1, 2002 and December 31, 2003. The victim later went to the defendant’s residence, and the defendant gave her a glass of wine. Victim Jane Doe #2 reported the defendant demanded that she finish the wine. The defendant then demanded that victim Jane Doe #2 take off her clothes. However, the victim refused. At that point, the defendant made her drink more wine. The victim related she remembered being in the shower with the defendant, and the defendant kissing her. She related she told him she did not want to have sex with him. The defendant then digitally penetrated the victim’s vagina and sexually assaulted her in the shower. Victim Jane Doe #2 related her next memory was being sexually assaulted on the defendant’s bed. She related she remembered being on her hands and knees with the defendant behind her. He then flipped her over and sexually assaulted her again.
[The report also notes that Masterson has to register as a sex offender. He has no juvenile arrest record. A DNA sample from him is on file. The probation officer noted that he had not spoken to Jane Doe 1 or Jane Doe 2, but that they would give victim impact statements in court.]
Additional information:
The defendant reported he lives with his wife and nine year old daughter [redacted]. The defendant reported he moved to the Los Angeles area in 1992 from New York to work as an actor. The defendant plans to return [redacted] upon his release. He noted the address listed on the [redacted]. However, he will provide the information to the court upon request.
Additional information:
The defendant reported he has been married to Bijou Phillips for 18 years, and they have a nine year old daughter together. He added he supports his family financially and also provides care for his daughter. The defendant reported he continues to talk to his family regularly while in custody and even helps his daughter with her homework during calls. [Redacted].
Formal education:
The defendant reported he obtained his GED (General Education Diploma). He noted he began acting at the age of four and was regularly tutored on the set. He added he attended one semester of college at the Art Center in Pasadena.
Additional information:
The defendant reported he is an actor and producer. He related he began acting and modeling at age four. However, he noted he last worked as an actor/producer in 2018. He added he started a farm in 2018 and continues to earn income from the farm. The defendant noted the farm produces grapes and wine. The defendant was uncertain of his monthly income. He said he would have to consult with his financial manager and review financial records.
Financial status
Income stability: Stable
Net monthly income: Undetermined
Primary income source: Farm
Secondary income source(s): Acting residuals
Estimated total assets: Undetermined
Estimated total liabilities: Undetermined
Major assets/Estimated value: Ranch, farm, investments, three vehicles
Major liabilities/Estimated amount (monthly): Lawyer bills, mortgage, credit cards
Additional information:
The victim related he earns income from his farm and he receives residuals from his time working as an actor. He was unable to provide exact figures regarding his major assets and liability. He reported his financial status is stable, and he continues to provide financial support for his family.
Gang activity: No
Defendant’s statement:
On August 31, 2023, this officer interviewed the defendant at Los Angeles County Men’s Jail. The defendant related his primary concern is the impact the current matter has had upon his family. He noted his wife [redacted] and he desires to be with her to help raise their child.
Interested parties:
On August 29, 2023, this officer contacted the investigating officer, Detective Vargas [redacted] of the Los Angeles Police Department. He stated, “I am vehemently opposed to the defendant receiving probation.”
On August 31, 2023, the defendant’s attorney provided this officer with reference letters from numerous individuals, including family members, fire department personnel, police officers, charity workers and various other people. All of the letters provide insight into the defendant’s good character, charity work, and his love for his family and friends. The defendant’s attorney reported all of the reference letters will be submitted to the court on the next court date.
Evaluation:
The defendant is a 47 year old male with no known prior criminal record. In the current matter, he has been convicted of raping two female victims. According to statements by victim Jane Doe #1, the defendant used force and violence upon her and choked her until she became unconscious. It should also be noted both victims believe they were drugged by the defendant and became unconscious prior to being raped. The allegations made by the victims are troubling and warrant concern for public safety.
It appears the defendant violated the victims’ trust and likely caused them to suffer severe emotional damage. The defendant must be held accountable for his actions, and sanctions should be ordered to protect the community. To the defendant’s credit, he has no prior record of criminal conduct, strong community ties, and a stable lifestyle. In addition, he provided numerous reference letters regarding his good character. Nevertheless, as charged, the defendant is ineligible for probation. Furthermore, the defendant is viewed as unsuitable for probation based upon the severity of the current offense, the vulnerability of the victims, and the potential threat to the public safety.
Sentencing considerations:
The defendant is ineligible for probation pursuant to Penal Code Section 1203.065(A) and 667.61(H).
The defendant is ineligible for probation pursuant to Penal Code Section 1203(E)(2), unless the court determines this is an unusual case.
Circumstances in aggravation:
1. The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness.
2. The victim was particularly vulnerable.
Circumstances in mitigation:
1. The defendant has no prior record, or has an insignificant record of criminal conduct, considering the recency and frequency of prior crimes.
The circumstances in mitigation and aggravation are such that should the defendant be ordered to state prison, the high base term is indicated.
Should special allegations be found true, the defendant may be required to serve additional terms.
Recommendation:
Should the defendant be convicted, it is recommended that probation be denied and that the defendant be sentenced to state prison with appropriate pre-imprisonment credit, pursuant to 1170(H)(3)PC, that the court order the defendant to pay a restitution fine pursuant to 1202.4 PC in a manner as instructed by the court/probation officer, total amount to include a service charge.
Recommendation pursuant to 1203.1 PC:
Should the defendant be convicted, it is recommended that the defendant be ordered, pursuant to Penal Code 1203.1b, to appear before the probation officer, or his authorized representative, to make an inquiry into the ability of the defendant to pay all or a portion of the costs or services provided by the probation officer, that the defendant be ordered to report to the probation officer within two (2) working days of release from court or custody at the Ascot Intake Office, area office at 210 W. Temple St. Room 3-516, Los Angeles, CA 90012.
Respectfully submitted,
Guillermo Viera Rosa
Interim Probation Officer
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“Gang activity: No”
Um…
In Scientology Danny learned ““Anything that isn’t true for you in Scientology, when you study it carefully, isn’t true.” He applied that carefully by discounting the precepts from the Way To Happiness. However, It was true for Danny that the police and justice system were all BS based on what L. Ron Hubbard wrote. That and his rejection of Hubbards “secular moral code” got him 30 years in state prison without parole. Scientology is full of dichotomies and in Danny’s case they led him to a life of crime. Hubbard created the ultimate brainwashing organization and it’s residual effects are still with us in a big way. Danny’s is not salvageable so “no parole”.