Danny Masterson is intensifying his efforts to overturn his recent rape convictions through a new legal petition filed in court. The former star of That ’70s Show partially attributes the failures of his defense to his trial attorney, Philip Cohen, claiming that no witnesses were called and insufficient challenge was made against the prosecution’s narrative regarding Scientology. This assertion is documented in court filings obtained by Us Weekly on November 17, 2023.
Masterson’s appellate attorneys contend that he “implored counsel to present at least a minimal modicum of defense evidence, but counsel refused.” As his legal team continues to pursue an appeal, they highlight the significant implications of what they describe as prosecutorial misconduct and judicial bias during the trial process.
The allegations against Masterson date back to the early 2000s, when four women accused him of sexual assault in March 2017. A fifth woman came forward in December of the same year, claiming that she had been raped repeatedly while in a relationship with the actor. Masterson has consistently denied these allegations, pleading not guilty to three counts of rape in January 2021. His initial trial in the fall of 2022 resulted in a mistrial. However, a second trial in the spring of 2023 concluded with a conviction on two counts of rape, leading to a 30-year prison sentence handed down in September 2023.
The women’s connections to the Church of Scientology were a focal point during the trial, with discussions revealing that the victims felt discouraged from reporting the incidents to authorities for years. New court documents indicate that the jury did not receive essential exculpatory evidence that could have bolstered Masterson’s defense. His attorneys assert that the prosecution’s presentation was unduly aggressive, focusing heavily on the church’s doctrine.
“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 documents state.
In December 2024, Masterson’s lawyers filed a separate appeal challenging numerous rulings made by the presiding judge. The latest habeas petition aims to address evidence that was not presented during the initial trials. According to attorney Eric Multhaup, the petition encompasses 65 exhibits that document potential evidence of innocence. He emphasized, “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.”
In personal developments, Masterson’s ex-wife, Bijou Phillips, filed for divorce in September 2023 after 12 years of marriage. Following the filing, it was confirmed that Masterson had agreed to grant Phillips full legal and physical custody of their daughter. According to Phillips’ attorney, “This period has been unimaginably hard on the marriage and the family,” acknowledging Masterson’s role as a devoted father.
As of December 2023, Masterson began serving his sentence at North Kern State Prison in Delano, California, before being transferred to California’s Men’s Colony, a minimum-security facility located in San Luis Obispo.
If you or someone you know has been affected by sexual assault, support is available through the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or by visiting rainn.org.
