Danny Masterson Appeals Rape Convictions Citing Ineffective Legal Counsel

Actor Danny Masterson has formally asked an appeals court to overturn his rape convictions. The “That ’70s Show” star filed the petition on Monday in California. He is currently serving a 30-years-to-life prison sentence.

His new legal team argues his trial lawyer failed miserably. They claim key witnesses and evidence were never presented. This evidence, they say, could have changed the trial’s outcome.

Grounds for the Appeal: A Failure to Mount a Defense

The court documents state lawyer Philip Cohen did not contact most potential witnesses. According to the Associated Press, investigators had identified 20 people who could testify. Cohen allegedly spoke to only two of them.

These witnesses reportedly included individuals who would have spoken favorably about the encounters. The petition also says experts on memory and substance effects were not called. This failure, the appeal argues, left the jury hearing only the prosecution’s side of the story.

The Role of Scientology in the Case

The appeal also challenges how the Church of Scientology was portrayed at trial. Masterson is a long-time member, while the two accusers are former members. The petition claims the judge allowed an “unconstitutional intrusion” into church doctrine.

It argues the prosecution painted the church as an intimidating force. Masterson’s team says his previous lawyer, Shawn Holley, had gathered exculpatory evidence. This evidence was reportedly not used by Cohen during the retrial.

The actor’s first trial ended in a mistrial. He was convicted on two counts of rape at his second trial in 2023. The new filing is a separate action from his main, still-pending appeal.

Info at your fingertips

What is Danny Masterson’s sentence?

Danny Masterson was sentenced to 30 years to life in prison. He was convicted on two counts of rape from incidents that occurred in 2003. The actor will not be eligible for parole for over two decades.

What are the main arguments in his new appeal?

The appeal claims his trial lawyer was ineffective for not calling witnesses. It also argues the judge was biased against the Church of Scientology. The defense says this prevented a fair trial.

Was this his first trial?

No, his first trial ended in a mistrial after the jury deadlocked. The convictions came from a second trial held in 2023. The jury in the retrial found him guilty on two of three counts.

How has this affected his career?

Masterson was written off the Netflix series “The Ranch” in 2017. This happened soon after the rape allegations became public. His acting career has been effectively ended by the conviction.

Where is Danny Masterson now?

He is currently incarcerated at the California Men’s Colony in San Luis Obispo. He began serving his sentence after being convicted in 2023. The facility is a state prison for male inmates.