Actor Danny Masterson is seeking to overturn his 2023 rape convictions with a new habeas petition that claims his former lead attorney failed to put on an adequate defense at his retrial. Masterson also alleges a Los Angeles County judge allowed a “barrage of anti-Scientology evidence” at his second trial, which was held five months after an initial jury hung on all counts, resulting in a November 2022 mistrial.
The former star of the Fox hit That ’70s Show is currently serving a sentence of 30 years to life in a California prison after he was convicted of raping two women at his Hollywood Hills home during his sitcom heyday in 2003. He previously filed a direct appeal that is pending.
In his new habeas petition filed Monday and obtained by Rolling Stone, Masterson, 49, alleges his trial lawyer, Philip Cohen, “failed to exploit” alleged inconsistencies in the prosecutors’ case and gave “deficient” counsel when he rested without calling a single defense witness. Masterson claims he had identified more than 20 potential defense witnesses, including friends and experts, but Cohen personally spoke with only two. (Cohen did not respond to a request for comment Monday. The new filing concedes Cohen has a “standard practice” of using cross-examinations to build doubt in jurors’ minds and frequently rests defense cases without calling anyone to the witness stand.)
Masterson, through his appellate lawyer Eric S. Multhaup, claims in his new 183-page filing that the defense should have switched tactics after a new ruling in the second trial allowed former Scientologist Claire Headley to testify about Church of Scientology tenets and practices. The petition calls Headley a “disgruntled” former Scientologist who gave “heretical” testimony claiming church members are not permitted to report crimes committed by other Scientologists to police and are not permitted to use the word “rape” in communications with Scientology staff.
In the new habeas petition, Multhaup argues Cohen should have called a Scientology expert to rebut Headley. The filing says Masteron had a prominent Scientologist ready to testify under oath that the church does not prohibit members from making a complaint to local authorities.
“The jury saw only the tip of the iceberg of available defense evidence in the form of the complaining witnesses’ inconsistent statements while the wealth of directly exculpatory evidence went unused for no viable tactical reason,” the new filing claims. “[Masterson] implored counsel to present at least a minimal modicum of defense evidence, but counsel refused.”
Though Masterson had an opportunity to challenge Headley’s claims at trial, the new petition alleges Los Angeles County Superior Court Judge Charlaine Olmedo engaged in “judicial bias” and an “unconstitutional intrusion into religious doctrine” when she allowed Headley to testify. The petition also alleges the underlying investigation by police and prosecutors was based on anti-Scientology bias. The filing claims actress Leah Remini, a former Scientologist, appeared in court to support the victims after she covered their allegations in an episode of her A&E docuseries about the church.
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“She was welcomed into the prosecution fold as an adviser, strategist, authoritative arbiter on the policy and practices of the Church of Scientology, and advocate for the complaining witnesses. She was welcomed even though the LAPD knew that she had an ongoing vendetta against [Masterson],” the petition alleges. “At the same time, the prosecution knew that her anti-Scientology television series would reap substantial publicity and financial benefits if petitioner were charged and convicted.”
Masterson was convicted on May 31, 2023. The jury that previously deadlocked was learning toward acquittal. Both trials included emotional testimony from three Jane Does whose rape allegations led to the charges. All three women said Masterson drugged them before raping them.
Masterson was ultimately convicted of raping two of the women at his Hollywood Hills home on separate occasions in 2003. The third woman had been in a long-term, public relationship with Masterson. All three women were practicing Scientologists at the time and testified that Church of Scientology officials protected Masterson.
While Masterson’s pending appeal focuses on alleged errors made by the trial court judge, the new habeas petition is a vehicle for Masterson to seek release from prison based on an alleged “mountain of exculpatory evidence” not presented at his trial. Prosecutors will have a chance to respond to the habeas petition before the appellate court makes a ruling.
“The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the failure of defense counsel to present exculpatory evidence,” Multhaup claimed in a statement on Monday. “The habeas corpus petition is accompanied by 65 exhibits that document the evidence of innocence that could have been presented, but was not. The jury heard only half the story – the prosecution’s side. Danny deserves a new trial where the jury can hear his side as well.”
From Rolling Stone US
