Former That '70s Show actor Danny Masterson blames trial lawyers for his 2023 rape conviction, accusing the defense team of “failure to do due diligence.”
Masterson, who is currently serving a 30-year-to-life sentence for raping two women, filed a habeas corpus motion on Monday, a lawsuit challenging the legality of his imprisonment, criticizing trial lawyer Philip Cohen for not calling witnesses and for not pushing back on prosecutors' claims about Scientology, Variety reported.
Masterson, 49, “begged (Cohen) to provide at least minimal defense evidence, but his attorney refused,” according to the filing.
“Defendant Cohen has long had an aversion to presenting affirmative defense evidence in cases he has tried,” the filing states.
“He spoke privately with only two of the more than 20 potential witnesses highly recommended by co-counsel Karen Goldstein and investigator Linda Larsen. He ignored the majority of them without any personal contact, despite their apparently exculpatory prior statements to police and investigators.”
In his petition, Masterson alleges that police and prosecutors were biased against Scientology, due in part to the involvement of former Scientologist Leah Remini, who publicly supported his accusers.
“She has been welcomed into the prosecutor's fold as an advisor, strategist, and authoritative arbiter regarding the policies and practices of the Church of Scientology, and as an advocate for complaining witnesses,” the petition states. “She was welcomed even though the LAPD knew that she had an ongoing vendetta against the petitioners.”
Entertainment Details More Videos
The actor was found guilty of two of the three counts of forcible rape at a retrial in May 2023. He had pleaded not guilty to the charges against him. The retrial was called after a first trial in 2022 on the same three charges resulted in a mistrial after the jury deadlocked and failed to reach a unanimous verdict.
Get daily national news
Get the day's top news, politics, economics and current affairs headlines delivered to your inbox once a day.
During the second trial, Deputy District Attorney Reinhold Mueller and his team tried to paint Masterson as a serial rapist who was protected by high-ranking members of the Church of Scientology. (Masterson and his family are all members of the church.) They alleged that on separate occasions, Masterson put drugs in the drinks of his longtime girlfriend and two other women he met through the church, then raped them.
The victims claimed they were threatened for years by Scientology officials after they reported Mr. Masterson's abuse to police. The Church of Scientology denies all accusations of wrongdoing and is not involved in Mr. Masterson's trial.
At the retrial, prosecutors called Claire Headley to the stand. She is a former Scientologist who testified that the church needs special permission to go to authorities.
According to the new filing, church lawyers urged Cohen to call longtime Scientologist Hugh Hoyt to discuss the allegations, but Cohen and his co-counsel did not call him.
current trends
Calgary father and 7-year-old daughter killed in California wave
Two of Canada's wealthiest families have joined forces to bid $18 million for a Hudson Bay charter.
“Why do I get asked so much about Scientology?” Cohen asked in closing arguments, instead of refuting Headley's claims. “Is there any other possibility that there is a problem with the government's claims?”
The petition alleges that Cohen challenged the credibility of his accusers and failed to interview numerous defense witnesses who could have helped Masterson's case.
“This failure to perform due diligence violated the well-established principle of Sixth Amendment case law that attorneys must interview potential defense witnesses as a necessary basis for making rational decisions about trial strategy,” the petition added.
“In short, the jury saw only the tip of the iceberg of available defense evidence in the form of inconsistent statements by accused witnesses, while a wealth of directly exculpatory evidence was not used without any viable tactical reason.”
Masterson's appellate attorney, Eric Maltup, argues that the jury “only heard half the prosecution's story.”
“The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the defense's failure to present exculpatory evidence,” Maltup said in a statement to the Los Angeles Times on Monday. “The habeas corpus petition is accompanied by 65 exhibits documenting exculpatory evidence that could have been presented but was not.
“Danny deserves a new trial where the jury can also hear his side.”
Mr. Masterson's lawyers filed a separate appeal in December, alleging that the testimony of key witnesses changed over time and that “erroneous judicial decisions” skewed the jury's view of the evidence against Mr. Masterson.
In a statement posted on the Cliff Gardner law firm's website, the lawyers said Masterson's conviction had “two fundamental flaws”: the aforementioned biased opinion, and the “staggering amount” of exculpatory evidence that was “never presented to the jury.”
Masterson's lawyers also said these were “just part” of a planned challenge to his conviction and that they were working toward “complete exoneration” of Mr. Masterson.
— With files from The Associated Press
Curator's Recommendations
Aritzia's cult-favorite Super Puff: The ultimate guide to every style and fit
Great stocking stuffer ideas for kids and adults of all ages
© 2025 Global News, a division of Corus Entertainment Inc.