Danny Masterson is continuing his fight to overturn a rape conviction.
According to court documents obtained by Us Weekly on Monday, November 17, the former That ’70s Show star partially blamed his trial attorney, Philip Cohen, for not calling any witnesses and for not pushing back on prosecutors’ claims about Scientology.
Masterson’s appellate lawyers alleged that their client “implored counsel to present at least a minimal modicum of defense evidence, but counsel refused.”
Us has reached out to Cohen for comment.
Four women claimed in March 2017 that Masterson, 49, sexually assaulted them in the early 2000s. A fifth woman came forward in December 2017, claiming that while she was dating the actor, he “repeatedly raped” her.
Masterson denied all the allegations and pleaded not guilty in January 2021 to three counts of rape.
His first trial began in the fall of 2022, which ended in a mistrial. When Masterson went back on trial in spring 2023, he was convicted of two counts of rape. In September 2023, he was handed a 30-year prison sentence.
Masterson met both of the victims through the Church of Scientology. During the second trial, church doctrine was discussed, with the victims alleging they were discouraged from reporting the actor to police for years.
According to new court docs, the two convictions are attributable to “the prosecution’s more aggressive evidentiary presentation that focused on Scientology.”
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“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,” Masterson’s attorneys claimed in documents.
Masterson’s lawyers filed a separate appeal in December 2024, in which they challenged many of the judge’s rulings. The new habeas petition allows the actor’s attorneys to address evidence that was not introduced at trial.
“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,” attorney Eric Multhaup said in a statement to the Los Angeles Times 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.”
Us has reached out to Multhaup for comment.
Masterson’s ex-wife, Bijou Phillips, filed for divorce in September 2023 after 12 years of marriage. The following month, Us confirmed that Masterson agreed to give Phillips, 45, full legal and physical custody of their daughter.
Danny Masterson and Bijou Phillips wed in 2011 after meeting at a celebrity poker tournament two years prior. In March 2017, Masterson — who welcomed daughter Fianna with Phillips in 2014 — was accused of sexual assault in the early 2000s by multiple women. As a result, he was written off from Netflix’s The Ranch. […]
“This period has been unimaginably hard on the marriage and the family,” Phillips’ attorney said in a statement to Us. “Mr. Masterson was always present for Ms. Phillips during her most difficult times of her life. Ms. Phillips acknowledges that Mr. Masterson is a wonderful father to their daughter.”
News broke last month that the former couple were declared legally single as Phillips asked the court to drop “Masterson” from their daughter’s last name.
In December 2023, Masterson began his sentence at North Kern State Prison in Delano, California. He was later transferred to California’s Men’s Colony, a minimum-security prison in San Luis Obispo.
If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.
