LOS ANGELES (CNS) - The judge who presided over Danny Masterson's trial rejected a defense bid Wednesday to allow the actor to be released on bail pending his appeal of his conviction last May for raping two women at his Hollywood Hills home just over two decades ago.
In a 16-page order, Superior Court Judge Charlaine F. Olmedo wrote, "If defendant's conviction and sentence are upheld on appeal, he will likely remain in custody for decades and perhaps the rest of his life."
"In light of the fact that defendant has no wife to go home to, defendant now has every incentive to flee and little reason to return to state prison to serve out the remainder of his lengthy sentence should his appeal be unsuccessful," the judge wrote, referring to divorce proceedings initiated by Masterson's wife, Bijou Phillips, after Masterson was sentenced last September to 30 years to life in prison.
"Based upon the severity of defendant's sentence alone, let alone his diminished community ties, defendant poses a risk of flight."
The judge also noted that the defense's request was "untimely" and that Masterson had "failed to justify or present any facts explaining the long delay in making this request."
The judge's ruling came after a hearing in which the actor's mother, Carol, described Masterson and his three siblings as "best friends" and told the judge that he is a "fantastic father" to his 9-year-old daughter. Masterson's mother said she has always known him to have the "highest personal integrity."
The new motion was filed by Masterson's attorneys, Eric Multhaup and Cliff Gardner, who contended in their court papers that the actor has strong ties to the community and does not pose a risk of danger to the community.
Deputy District Attorney Reinhold Mueller objected to the defense's request, arguing that Masterson poses a danger to the community and that his risk of flight is "much greater" now that he has been sentenced compared with when he was free on $3.3 million bond before the verdict last May.
Masterson, 47, was moved last month from a Los Angeles County jail to North Kern State Prison in Delano.
The actor -- best known for his role on "That '70s Show" -- has remained behind bars since he was convicted last May 31 of two counts of rape by force or fear.
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At the actor's sentencing last September, the judge told Masterson that she knew he is "sitting here steadfastly on your claims of innocence."
"Mr. Masterson, you are not the victim here," the judge said then, telling him that his actions had taken away another person's voice and choice and that the victims each reported the rapes to someone shortly afterward.
The judge called Masterson's actions "criminal," and subsequently called him back into court to order him to register as a sex offender for the rest of his life upon his release from state prison.
While convicting Masterson on two charges, jurors deadlocked on another rape charge involving a third alleged victim, who was a former longtime girlfriend of Masterson. Prosecutors announced last July that they would not retry the actor on that charge, and that count was dismissed.
Just before imposing the sentence, the judge heard emotional victim impact statements from all three women, who described longstanding effects of the trauma they have said they experienced.
"You relish in hurting women," one of the women, identified in court as "Jane Doe 2," said in directly addressing Masterson. "You lived your life behind a mask as two people. But the real one sits here ..."
She said the world is "safer" with Masterson behind bars and believes that it never dawned on him that he would be "held accountable."
"I forgive you," she told the actor, saying that his "sickness" is no longer her burden.
The other victim, identified as "Jane Doe 1," said she wished that she had "reported him sooner" to Los Angeles police.
"I knew he belonged behind bars," she told the judge.
In a statement read on her behalf in court, Masterson's ex-girlfriend wrote that she entered the relationship as an "extremely naive" and "trusting" 18-year-old.
The jury was the second to hear the case against Masterson, who was charged in 2020 with three counts of rape by force or fear involving the three women on separate occasions.
During the first trial, jurors leaned in favor of acquittal on all three counts -- voting 10-2 on one count, 8-4 on another and 7-5 on the third -- but they were unable to reach a unanimous decision, leading to a mistrial being declared in November 2022.
In a statement outside court after the sentencing, one of Masterson's attorneys, Shawn Holley, said a team of appellate lawyers has been reviewing the trial's transcripts and has identified "a number of significant evidentiary and constitutional issues which they will address in briefs to both state and federal appellate courts."
"Mr. Masterson did not commit the crimes for which he has been convicted and we and the appellate lawyers -- the best and the brightest in the country -- are confident that these convictions will be overturned," Holley said.
In December 2017, Netflix announced that Masterson had been fired from the Emmy-winning scripted comedy "The Ranch" amid sexual assault allegations.
The actor said then he was "very disappointed," and added that "it seems as if you are presumed guilty the moment you are accused." He also "denied the outrageous allegations" and said he looked forward to "clearing my name once and for all."
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