LOS ANGELES — LOS ANGELES (AP) — “That '70s Show” actor Danny Masterson filed a request Monday to overturn his two rape charges and lengthy prison sentence, saying his lawyer failed to call key witnesses and present significant evidence that could exonerate him.
The habeas corpus petition, filed in California's 2nd District Court of Appeal, alleges that attorney Philip Cohen did not adequately represent Masterson in the 2023 retrial that ended in the actor's case. be convicted for raping two women in his Los Angeles home in 2003. He was sentenced to 30 years to life in prison.
The petition also alleges that the trial judge demonstrated bias against the Church of Scientology by allowing an “unconstitutional intrusion” into the church's doctrine and misinterpretation of its scriptures.
Masterson is a member of the church whose actions became a serious issue at trial, and the women are former members.
The petition says Cohen spoke with only two of 20 potential witnesses brought to his attention by his lawyer and investigator. It said the witnesses included those who could testify that the women spoke positively about the sexual relationships they had with Masterson. Among them were psychologists and pharmacologists who testified about the effects of alcohol and drugs on memory.
The court filing states that there was a “sudden and unreasonable refusal by trial counsel to present any of the mountain of exculpatory evidence” that had been collected by Masterson's pretrial lawyer, Shawn Holley, and the result was a violation of his constitutional rights.
Los Angeles Superior Court Judge Charlene F. Olmedo refused to delay Masterson's first trial to accommodate Holley's interests in the former Los Angeles Dodgers pitcher. Trevor Bauer against his own allegations of sexual harassment. Cohen then took over as lead counsel.
Masterson's first trial ended in a mistrial, with the jury unable to reach a consensus on any of the three rape charges against him. His case was immediately retried and the jury found him guilty on two counts but could not reach a verdict on the third.
Cohen did not immediately respond to an email seeking comment on the petition, nor did the women's lawyer.
“The injustice of Masterson’s second trial was the result of prosecutorial misconduct, judicial bias and the defense attorney’s failure to present exculpatory evidence,” Eric Multhaup, the attorney who filed the motion for Masterson, said in a statement. “The jury only heard half the story – the prosecution's side. Danny deserves a new trial where the jury can hear his side.”
The petition says Olmedo erred by allowing the prosecution to negatively portray the Church of Scientology as an intimidating force. He argues that Cohen also failed to provide available evidence to refute the portrayal.
Masterson's new motion is separate from his main appeal to the same court, and that process has not yet been completed.
Masterson, 49, is serving his sentence at the California Men's Colony in San Luis Obispo. He will not be eligible for parole for more than 20 years.
Masterson starred with Ashton Kutcher, Mila Kunis and Topher Grace on That '70s Show from 1998 to 2006. He reunited with Kutcher in the 2016 Netflix comedy “The Ranch,” but was pulled from the show when the Los Angeles Police Department investigation was revealed the following year.
