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Danny Masterson Seeks New Trial, Citing “Poor Defense” and Judicial Bias
Actor Danny Masterson, currently serving a 30-year prison sentence for the 2023 rapes of two women, has filed a petition for a new trial, alleging his defense attorney provided inadequate representation and that the trial was marred by prosecutorial misconduct and judicial bias.
Masterson, known for his role in the popular sitcom “That ’70s Show,” was convicted on two counts of rape, with the jury deadlocking on a third. His petition for writ of habeas corpus, filed Monday in California, argues that his lawyer failed to conduct proper due diligence, leading to a lack of crucial witnesses and information.
“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,” stated Eric Multhaup, Masterson’s new attorney. “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.”
According to the petition, Masterson’s initial lead counsel, Shawn Holley, had to withdraw from the case. Assistant attorney Philip Cohen then took over after a request for a trial delay was denied. Masterson now attributes his convictions to Cohen’s alleged shortcomings.
Neither Cohen nor the Los Angeles County District Attorney’s Office has yet responded to requests for comment.
Specifically, the petition asserts that Masterson’s legal team failed to present key exculpatory witnesses who could have testified to consensual sexual encounters with him. The petition details instances where victims allegedly confided in friends about enjoying their time with Masterson or engaging in a consensual fling, information that was reportedly not utilized by the defense.
The petition further claims that investigators provided Cohen with such evidence, but he declined the information, opting to proceed with his own methods and interviewing only two individuals from a comprehensive witness list. Despite a hung jury in the first trial and Masterson’s plea to interview more witnesses for the retrial, the petition states Cohen “did not interview any potential defense witnesses prior to the retrial; did not have any witnesses under subpoena; and did not present any defense.”
Additionally, the petition argues that Cohen failed to effectively counter the prosecution’s significant focus on Masterson’s involvement in the Church of Scientology. The prosecution contended that victims were discouraged from reporting Masterson due to his higher rank within the church, and called a witness to explain the church’s protocol regarding reporting fellow members to law enforcement. Instead of offering a direct rebuttal, the petition claims Cohen attempted to downplay his client’s religious affiliation.
The petition also highlights a pattern of alleged judicial bias during the trial, citing various rulings and comments that Masterson claims favored the prosecution. The filing requests the court to grant cause for an appeal that Masterson’s lawyers filed last year.