Attorneys for "That '70s Show" actor Danny Masterson, who is serving a 30-years-to-life prison term for raping two women at his Hollywood Hills home, filed court papers Monday contending he received poor legal representation during his trial, and that the trial was tainted by the inclusion of testimony regarding the Church of Scientology.
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"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," Masterson's appellate attorney Eric Multhaup said in a statement. "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."
Masterson, now 49, was convicted May 31, 2023, of two counts of rape by force or fear. Prosecutors said the attacks occurred in the early 2000s at his home.
The jury deadlocked on another rape charge involving a third alleged victim, who was a former longtime girlfriend of Masterson. Prosecutors opted not to retry the actor on that charge, and it was dismissed.
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 in 2022, 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 on Nov. 30.
Jurors in Masterson's retrial convicted the actor of the two rapes and deadlocked on the charge involving his ex-girlfriend.
In his closing argument of the retrial, Deputy District Attorney Reinhold Mueller told the jury, "This defendant drugged and raped each one of these victims. ... It is time to hold Mr. Masterson accountable for what he has done."
Mueller said the three women were -- like Masterson -- members of the Church of Scientology, and told jurors that the church retaliated against them.
"What happened after they were drugged -- they were raped by this man over here," the prosecutor said, pointing across the courtroom at Masterson. "... You have an opportunity to show there is justice. It does exist."
Defense attorney Philip Cohen urged jurors during his closing argument to acquit his client, questioning the credibility of the women.
The defense attorney also questioned why the panel had heard "so much about Scientology," asking jurors if there could be problems with the government's case against Masterson.
Masterson's lawyer said he was not alleging that there was some "grand conspiracy" against his client, but told jurors the alleged victims had spoken with each other despite an LAPD detective's admonition and that their accounts have been tweaked throughout the years.
He said there was no forensic evidence to support the prosecution's contention that the alleged victims' drinks had been drugged by Masterson.
The Church of Scientology issued a statement at the time criticizing the prosecution's characterizations of the church's actions.
"The church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone, Scientologists or not, to law enforcement," according to the statement. "Quite the opposite, church policy explicitly demands Scientologists abide by all laws of the land. All allegations to the contrary are totally false."
In the court papers filed with the appeals court Monday, Masterson's attorneys claim that prosecutors portrayed the Church of Scientology as "an intimidation force," and the actor's attorney did nothing to counter such testimony.
The attorneys also contend that Masterson's trial attorney failed to introduce any exculpatory evidence obtained by previous attorneys from various witnesses, including friends of the victims who said the women described their encounters with Masterson as positive and consensual.
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