LOS ANGELES (AP) — “That ’70s Present” actor Danny Masterson filed a petition Monday for his two rape convictions and lengthy jail sentence to be thrown out, saying that his trial lawyer didn’t name key witnesses and introduce important proof that may have exonerated him.
The petition for habeas corpus filed with California’s 2nd District Court docket of Enchantment argues that lawyer Philip Cohen didn’t signify Masterson correctly on the 2023 retrial that ended with the actor being convicted of raping two girls at his Los Angeles residence in 2003. He was sentenced to 30 years to life in jail.
The petition additionally argues that the trial choose demonstrated a bias towards the Church of Scientology, permitting an “unconstitutional intrusion” into the church’s doctrine and a misinterpretation of its scripture.
Masterson is a member of the church, whose practices have been a serious difficulty at his trial, and the ladies are former members.
The petition says that Cohen spoke to solely two of the 20 potential witnesses dropped at his consideration by his co-counsel and an investigator. It says the witnesses included some who would have testified that the ladies spoke favorably of the sexual relationships they’d with Masterson. And so they included psychological and pharmacological consultants who would have testified in regards to the results of alcohol and medicines on reminiscence.
The court docket submitting says there was “sudden and unreasonable failure of trial counsel to current any of the mountain of exculpatory proof” that had been amassed by Masterson’s pretrial lawyer Shawn Holley, and the end result was a violation of his constitutional rights.
Los Angeles Superior Court docket Choose Charlaine F. Olmedo declined to delay Masterson’s first trial to accommodate Holley’s illustration of former Los Angeles Dodgers pitcher Trevor Bauer towards his personal allegations of sexual misconduct. Cohen then took over as lead lawyer.
Masterson’s first trial led to a mistrial with a jury unable to achieve consensus on any of three rape counts towards him. He was promptly retried, and a jury discovered him responsible of two counts whereas failing to achieve a verdict on the third.
Cohen didn’t instantly reply to an e-mail in search of touch upon the petition, nor did an lawyer for the ladies.
“The unfairness of the second Masterson trial was the results of prosecutorial misconduct, judicial bias, and the failure of protection counsel to current exculpatory proof,” Eric Multhaup, the lawyer who filed the petition for Masterson, stated in a press release. “The jury heard solely half the story – the prosecution’s aspect. Danny deserves a brand new trial the place the jury can hear his aspect as effectively.”
The petition says Olmedo erred in permitting the prosecution to negatively solid the Church of Scientology as a power of intimidation. It alleges that Cohen additionally didn’t current out there proof that may countered the portrayal.
Masterson’s new movement is separate from his essential attraction to the identical court docket, a course of that’s pending.
Masterson, 49, is serving his sentence on the California Males’s Colony in San Luis Obispo. He won’t be eligible for parole for greater than 20 years.
Masterson starred with Ashton Kutcher, Mila Kunis and Topher Grace in “That ’70s Present” from 1998 till 2006. He had reunited with Kutcher on the 2016 Netflix comedy “The Ranch,” however was written off the present when the Los Angeles Police Division investigation was revealed the next 12 months.