Danny Masterson blames his trial lawyer and an alleged anti-Scientology bias for his rape convictions in a new habeas petition. The former star of The Roaring ’70s is trying to have his convictions overturned with a new petition.
Background and process history
Table of Contents
- Background and process history
- Masterson’s conviction and appeal
- Defense failures?
- Scientology witness in focus
- Further allegations: judge influence and investigations
- Role of Leah Remini
- Emotional witness stand and jury decision
- Two convictions, one acquitted relationship
- Importance of the Habeas Petition
- Statements from the lawyer
Actor Danny Masterson appeared for his retrial on May 31, 2023 at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles with his then-wife Bijou Phillips.
He now faces a new habeas petition alleging that his then-lead attorney failed to present an adequate defense in the second trial. Additionally, a judge is said to have admitted a “flood of anti-Scientology evidence” after an initial jury deadlocked on all counts five months earlier, resulting in a mistrial in November 2022.
Masterson’s conviction and appeal
The former star of Fox’s hit series “The Roaring ’70s” is currently serving a sentence of 30 years to life in a California prison. He was convicted of raping two women in his Hollywood Hills home in 2003 during his sitcom heyday. He had previously filed a direct appeal, which is still pending.
In his new habeas petition filed Monday and obtained by ROLLING STONE, the 49-year-old claims his trial attorney, Philip Cohen, “failed to exploit” alleged inconsistencies in the prosecution’s case and provided “defective” representation by ending the trial without calling a single defense witness.
Defense failures?
Masterson claims he has named more than 20 potential defense witnesses. Including friends and experts. But Cohen only spoke to two personally. The new filing admits that Cohen “standardly” creates doubt in the minds of jurors through cross-examination and often ends defense cases without witnesses. Cohen did not respond to a request for comment on Monday.
Through his appeals attorney, Eric S. Multhaup, Masterson claims the defense strategy should have been changed following a new ruling in the second trial that allowed former Scientologist Claire Headley to testify about Church of Scientology beliefs and practices.
Scientology witness in focus
The motion describes Headley as a “bitter” former Scientologist who made “heretical” statements about church members not being allowed to report crimes committed by other Scientologists to the police and not using the word “rape” in communications with Scientology employees.
In the new motion, Multhaup argues that Cohen should have called a Scientology expert to refute Headley. Masterson had a prominent Scientologist ready to testify under oath that the church did not forbid its members from contacting the authorities.
Further allegations: judge influence and investigations
The motion further alleges that Judge Charlaine Olmedo demonstrated “judicial bias” and improperly interfered with religious doctrine by admitting Headley’s testimony.
It also alleges that the underlying investigation by police and prosecutors was tainted by anti-Scientology bias. The filing states that actress Leah Remini, a former Scientologist, appeared in court to support the victims after she addressed their allegations in an episode of her A&E docuseries about the church.
Role of Leah Remini
“She was brought into the prosecution circle as an advisor, strategist, key arbiter of the policies and practices of the Church of Scientology, and as an advocate for the plaintiffs. This was despite the LAPD knowing that she had an ongoing vendetta against her [Masterson] had,” the application states.
“At the same time, the prosecution knew that its anti-Scientology television series would generate significant publicity and financial benefits if the petitioner were indicted and convicted.”
Emotional witness stand and jury decision
Masterson was sentenced on May 31, 2023. The jury in the earlier trial, deadlocked, leaned toward acquittal. Both trials featured emotional testimony from three Jane Does whose rape allegations led to the indictments. All three women said Masterson drugged them before the rapes.
Two convictions, one acquitted relationship
Masterson was ultimately convicted of raping two women in his Hollywood Hills home on two separate occasions in 2003. The third woman was in a long-term, public relationship with Masterson at the time. All three women were practicing Scientologists at the time. And said that Scientology officials protected Masterson.
Importance of the Habeas Petition
While Masterson’s pending appeal focuses on the judge’s alleged errors, the new habeas petition is intended to allow Masterson to be released based on an alleged “mountain of exculpatory evidence” that was not presented at trial.
The prosecution will have the opportunity to respond to the application before the appeal court makes a decision.
Statements from the lawyer
“The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias and the defense’s failure to present exculpatory evidence,” Multhaup said Monday.
“The habeas corpus petition is accompanied by 65 exhibits documenting the evidence of innocence that could have been presented. But was not. The jury only heard half the story. The prosecution’s side. Danny deserves a new trial where the jury can also hear his side.”
