LOS ANGELES (AP) — “That ’70s Show” actor Danny Masterson filed a petition Monday for his two rape convictions and long prison sentence to be thrown out, saying that his trial lawyer failed to call key witnesses and introduce essential evidence that might have exonerated him.
The petition for habeas corpus filed with California’s 2nd District Court of Appeal argues that lawyer Philip Cohen did not represent Masterson properly at the 2023 retrial that ended with the actor being convicted of raping two women at his Los Angeles home in 2003. He was sentenced to 30 years to life in prison.
The petition also argues that the trial judge demonstrated a bias against the Church of Scientology, allowing an “unconstitutional intrusion” into the church’s doctrine and a misinterpretation of its scripture.
Masterson is a member of the church, whose practices were a major issue at his trial, and the women are former members.
The petition says that Cohen spoke to only two of the 20 potential witnesses brought to his attention by his co-counsel and an investigator. It says the witnesses included some who would have testified that the women spoke favorably of the sexual relationships they had with Masterson. And they included psychological and pharmacological experts who would have testified about the effects of alcohol and drugs on memory.
The court filing says there was “unexpected and unreasonable failure of trial counsel to present any of the mountain of exculpatory evidence” that had been amassed by Masterson’s pretrial attorney Shawn Holley, and the result was a violation of his constitutional rights.
Los Angeles Superior Court Judge Charlaine F. Olmedo declined to delay Masterson’s first trial to accommodate Holley’s representation of former Los Angeles Dodgers pitcher Trevor Bauer against his own allegations of sexual misconduct. Cohen then took over as lead attorney.
Masterson’s first trial ended in a mistrial with a jury unable to reach consensus on any of three rape counts against him. He was promptly retried, and a jury found him guilty of two counts while failing to reach a verdict on the third.
Cohen did not immediately respond to an email seeking comment on the petition, nor did an attorney for the women.
“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,” Eric Multhaup, the attorney who filed the petition for Masterson, said in a statement. “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 petition says Olmedo erred in allowing the prosecution to negatively cast the Church of Scientology as a force of intimidation. It alleges that Cohen also did not present available evidence that would countered the portrayal.
Masterson’s new motion is separate from his main appeal to the same court, a process that is pending.
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 in “That ’70s Show” from 1998 until 2006. He had reunited with Kutcher on the 2016 Netflix comedy “The Ranch,” but was written off the show when the Los Angeles Police Department investigation was revealed the following year.
