Danny Masterson is making plans to overturn his r*pe conviction from jail. He is currently serving his 30-year sentence at the California Men’s Colony in San Luis Obispo. He had previously filed an appeal last December, challenging the judge’s ruling. In a new habeas corpus petition, he blamed his trial attorney for not introducing enough witnesses.
In May 2023, Masterson was found guilty of the r*pe of two women in two separate incidents in 2001 and 2003 at his Hollywood Hills home. Masterson was also charged in a third case for the r*pe of his longtime girlfriend at the time, but the jury could not reach a verdict in this case.
During an earlier trial in 2022, the jury hung on all three counts, with sources suggesting that they were leaning toward an acquittal. Masterson’s new habeas petition on Monday claimed that Masterson implored his attorney Philip Cohen “to present at least a minimal modicum of defense evidence, but counsel refused” (via Variety).
The petition alleged that Cohen failed to change his strategy in the retrial and did not interview many of the defense witnesses who could’ve testified against the accuser’s claims. The petition claimed:
In sum, 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 appellate lawyer, Eric Multhaup, revealed in a statement that Masterson deserved a new trial to tell his side of the story. He stated, “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.”
The Role of Scientology in Danny Masterson’s Trial
Danny Masterson met all three victims in his trial through the Church of Scientology. It was alleged that the church attempted to silence the victims. The church’s interference allegedly caused a 20-year delay in bringing justice to the victims.
After each victim reported the assault to the police, they were allegedly declared a suppressive person and ejected from the church (via LA Times). While Scientology wasn’t a major factor in Masterson’s first trial, the prosecution brought up Masterson’s religion in the retrial as a crucial factor.
Two women testified that they were threatened with excommunication if they went public with their accusations. The prosecutors called Claire Headley as a witness, who was an ex-Scientologist. She testified that the church required special permission to go to the authorities.
Danny Masterson Claims His Trial Lawyer Failed in His Strategy to Counter the Scientology Accusations
In his habeas corpus petition, Danny Masterson claimed that they had Hugh Witt, a long-time Scientologist, on their witness list. While the church’s lawyers urged Philip Cohen to call him to the stand to rebut the claims against the church, Cohen and his co-counsel elected not to call him.
According to Variety, Cohen’s strategy was to downplay the Scientology aspect in the trial. The strategy allegedly worked for him in the first trial, where he was able to get a hung jury that nearly acquitted his client. Cohen stated in his closing arguments in the retrial, “Why have we heard so much about Scientology? Could it be there’s problems otherwise with the government’s case?”
However, Masterson’s new petition alleged that the strategy was a failure in the retrial. The petition claimed that Cohen failed to put on an affirmative defense. He allegedly relied on his strategy to cross-examine the prosecution witnesses to establish reasonable doubt.
What do you think of Danny Masterson’s new alleged plan to get out of prison? Let us know in the comments below!
