Former "That '70s Show" actor Danny Masterson has launched a legal bid to overturn his two rape convictions and lengthy prison sentence, filing a petition that alleges serious failures by his trial lawyer and judicial bias against the Church of Scientology.
Grounds for Overturning the Conviction
Masterson submitted what's known as a habeas corpus petition to California's 2nd District Court of Appeal on Monday. The legal document argues that his trial attorney, Philip Cohen, provided inadequate representation during the 2023 retrial that resulted in Masterson's conviction for raping two women at his Los Angeles home in 2003.
The petition claims Cohen failed to interview most potential witnesses and neglected to present crucial evidence that could have exonerated the actor. According to court filings, Cohen spoke with only two of the twenty potential witnesses identified by co-counsel and investigators.
These witnesses reportedly included individuals who would have testified that the women involved spoke favorably about their sexual encounters with Masterson. The list also contained psychological and pharmacological experts who could have educated jurors about how alcohol and drugs affect memory.
Allegations of Judicial Bias and Church Representation
The legal challenge also targets the conduct of Los Angeles Superior Court Judge Charlaine F. Olmedo, alleging she demonstrated prejudice against the Church of Scientology. Masterson's petition claims the judge permitted an "unconstitutional intrusion" into church doctrine and allowed misinterpretation of Scientology scriptures during trial.
Masterson, a longtime Scientology member, saw the church's practices become a central issue during proceedings. Both women involved in the case are former members of the organization.
The petition asserts that Judge Olmedo improperly allowed prosecutors to portray the Church of Scientology as an intimidating force, while Cohen failed to present available evidence that would have countered this characterization.
Legal Representation Changes and Trial History
The court documents reveal that Masterson initially had different legal representation. His pretrial attorney, Shawn Holley, had assembled what the petition describes as a "mountain of exculpatory evidence" before being unable to continue with the case.
Judge Olmedo declined to delay Masterson's first trial to accommodate Holley's schedule conflicts, including her representation of former Los Angeles Dodgers pitcher Trevor Bauer in his own sexual misconduct case. This led to Cohen taking over as lead attorney.
Masterson's first trial ended in a mistrial when jurors couldn't reach consensus on any of the three rape counts against him. He was promptly retried, with the second jury convicting him on two counts while deadlocking on the third.
In December 2023, Masterson received a sentence of 30 years to life in prison. The 49-year-old actor is currently serving his term at the California Men's Colony in San Luis Obispo and won't be eligible for parole for more than two decades.
Eric Multhaup, the attorney who filed the current petition on Masterson's behalf, stated that "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 added that "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."
This habeas corpus petition represents a separate legal action from Masterson's main appeal to the same court, which remains pending. Neither Cohen nor attorneys representing the women involved in the case immediately responded to requests for comment about the new filing.
Masterson starred alongside Ashton Kutcher, Mila Kunis, and Topher Grace in "That '70s Show" from 1998 to 2006. He later reunited with Kutcher on the Netflix comedy "The Ranch" in 2016 but was written off the show when the Los Angeles Police Department investigation became public the following year.
