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Danny Masterson’s legal team filed a habeas corpus petition Monday to vacate his two rape convictions and subsequent 30-years to life prison sentence.
In documents obtained by Fox News Digital, Masterson cites nearly a dozen instances of ineffective counsel, prosecutorial misconduct, and judicial bias.
Additionally, Masterson claimed the Los Angeles Police Department investigation into the claims was “compromised” due in part to an “entaglement” with Leah Remini, a former Scientologist who was creating an anti-Scientology television series at the time.
The “That 70s Show” actor was sentenced to 30 years to life in prison in 2023, the maximum allowed by law, and will be eligible for parole after serving more than 25 years.
DANNY MASTERSON APPEALS RAPE CONVICTION
Danny Masterson was sentenced to 30 years to life in prison in September 2023 on two counts of forcible rape. (John Shearer)
“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,” Masterson’s lawyer, Eric Multhaup, said in a statement provided to Fox News Digital. “The habeas corpus petition is accompanied by 65 exhibits that document the evidence of innocence that could have been presented, but was not.”
“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.”
Representatives for both Remini and the Los Angeles Police Department did not immediately respond to Fox News Digital’s request for comment.
“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.”
Masterson first worked with attorney Shawn Holley before she stepped down due to “conflicting obligations in another case.” When attorney Philip Cohen stepped into the role as lead counsel, Masterson claimed he was unaware that Cohen had “a longstanding aversion to presenting affirmative defense evidence in the cases he tried.”
Masterson claimed Cohen “personally spoke to only two of the more than 20 potential witnesses” recommended by his co-counsel, which he stated violated the principle of the sixth amendment.
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Witnesses who were subpoenaed were not called, according to the filing, and despite the lack of defense evidence, the first jury hung on an acquittal. Prosecutors then announced “intent to present a significantly more aggressive case.”
Danny Masterson appeared in court alongside his estranged wife, Bijou Phillips, for a retrial in 2023. (Myung J. Chun)
“The primary change was to prominently portray the Church of Scientology, of which petitioner was a member, as a villainous force that had discouraged the complaining witnesses from reporting their allegations of rape to the police in 2003, and that was actively harassing the complaining witnesses in retaliation for making their complaints in 2017,” documents stated.
Through the prosecution’s “more aggressive approach” during the retrial, and Cohen’s decision to handle the case “exactly as he had conducted the first trial,” Masterson was “not surprisingly” convicted of two counts, and “one count was mistried and dismissed.”
Masterson also argued that the law enforcement investigation was biased from the outset “due to the inappropriate entanglement by the police and prosecutor with anti-Scientologist Leah Remini.”
“She was welcomed into the prosecution fold as an advisor, strategist, authoritative arbiter on the policy and practices of the COS (Church of Scientology) and advocate for the complaining witnesses. She was welcomed even though the LAPD knew that she had an ongoing vendetta against petitioner.”
Remini allegedly encouraged witnesses to speak with LAPD detectives in December 2016. At one point, a detective assigned to the case told Remini she was “vital to this investigation” as the detective wanted to “shake this group down.”
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Remini acted as “advocate for the complaining witnesses, and conveyed her views that COS was a nefarious and criminal entity,” the petition stated.
Masterson also argued that the law enforcement investigation was biased from the outset “due to the inappropriate entanglement by the police and prosecutor with anti-Scientologist Leah Remini.” (Michael Buckner/Variety/Penske Media via Getty Images)
“Remini had a major financial stake in fomenting the police investigation and prosecution of petitioner, because her television series would attain increased credibility and profitability from the fact that the LAPD and District Attorney were investigating the claims.”
“Remini had a major financial stake in fomenting the police investigation and prosecution of petitioner.”
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Masterson has been incarcerated at a medium-security prison in San Luis Obispo, Calif. He was transferred to the California Men’s Colony (CMC) on Feb. 16 after serving time at California State Prison, Corcoran – the maximum-security prison which once housed cult leader Charles Manson.
“The Ranch” star only served a few weeks at Corcoran after being sentenced to 30 years to life on two counts of forcible rape. He was initially transferred from the Men’s Central Jail in Los Angeles to North Kern State Prison.
Masterson was found guilty on two counts of forcible rape in May 2023, and a jury was hung on a third charge during the trial after the seven men and five women deliberated for eight days.
Danny Masterson was convicted of two counts of rape with force in September 2023. (CA Dept. of Corrections and Rehabilitation)
Los Angeles County Superior Court Judge Charlaine Olmedo sentenced Masterson to 15 years to life on each count, and ordered the sentences to be served consecutively.
Masterson initially faced up to 45 years in prison if found guilty on three counts of rape by force or fear for alleged sexual assaults that occurred between 2001 and 2003 at his Hollywood Hills home.
He was arrested in June 2020 and was free on $3.3 million bond. He pleaded not guilty to the charges and has maintained his innocence.
Cohen did not immediately respond to Fox News Digital’s request for comment.
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