Danny Masterson is presently interesting his conviction for r—-g two ladies — and an amicus transient the Church of Scientology submitted on his behalf has been turned down, RadarOnline.com can reveal.
An amicus transient, often known as a “pal of the court docket” transient, is a authorized doc filed by an celebration who is not instantly concerned in a court docket case.
The purpose of an amicus transient, which is a standard doc in high-level appellate courts, is to present related info/experience/perspective to assist the court docket decide.
In accordance with Scientology whistleblower Tony Ortega, the Church of Scientology filed one for Masterson’s enchantment and was turned down.
On his Substack, Ortega described the doc as a 92-page “lengthy tantrum by church chief David Miscavige” that the court docket needed no a part of. (In response, the Church denies Miscavige had little if anythint to do with the submitting, telling Radar: “Because the transient itself makes clear, it was not submitted by David Miscavige or the Spiritual Expertise Middle he leads as Chairman.”
As for why the appellate court docket threw the doc down the proverbial drain, Ortega revealed there was no rationalization, however famous how rapidly it was rejected.
As Ortega famous, even with the transient being turned down, it is evident how a lot the Church of Scientology nonetheless helps Masterson. He cites the proof they seemingly spent a considerable amount of cash on making ready the authorized doc that alleged Masteron’s “non secular rights had been violated” and likewise “smeared the Jane Doe victims within the course of.”
As Radar reported, no matter tabloid claims saying Scientology had declared Masterson a “suppressive particular person,” which is the church’s type of excommunication, the amicus transient proved the church had not distanced itself from him.
The docket on the 2nd Appellate District court docket of appeals in Los Angeles, obtained by Rob Shuter and shared on his Substack, notes: “That is essentially the most definitive proof but that Scientology has not dropped its assist of the That ’70s Present actor and that it has not ‘declared’ him a ‘suppressive particular person.'”
Other than Scientology’s amicus transient, Ortega claimed an amicus transient despatched in by 14 separate non secular teams was additionally thrown out.
“At any time when the liberty of faith is at concern in a case, the rights and pursuits of many spiritual establishments are at concern as properly,” their amicus transient learn.
“Whereas amici take no place on the guilt or innocence of Masterson, they’ve a robust curiosity in any case that depends so closely on the faith of the events concerned for its end result.
“Every of the above events might be impacted by the constitutional rights violations within the Masterson case because the case will considerably chill essential constitutional rights and their skills to conduct their faith or actions as promised by the U.S. Structure – free from authorities entanglement or bias.”
Masterson was convicted on Might 31, 2023, and sentenced in September of that yr.
Cliff Gardner, his lawyer, is searching for to overturn the conviction. He argues that Masterson’s constitutional rights had been violated when the trial court docket allowed intensive testimony about Scientology in the course of the second trial.
Prosecutors, alternatively, felt the testimony was crucial in explaining why the Jane Doe victims delayed reporting the incident, as they had been nervous of retaliation underneath church coverage.
Decide Charlaine Olmedo allowed for the proof to be heard, with the end result being that Scientology’s inner guidelines had been instantly related to the victims’ credibility and habits.
“There was substantial testimony about Scientology within the first trial, which led to a hung jury,” the enchantment submitting alleges.
Whereas the enchantment is being ready, the state lawyer common has urged the court docket to maintain Masterson behind bars.
In an announcement to Radar, the Church mentioned: “Masterson’s First Modification rights had been repeatedly infringed by the trial court docket and different authorities actors of their remedy of Masterson’s religion. Amicus submits this transient (which helps vacatur of the judgment) to clarify in additional depth each its personal beliefs and doctrines—which had been repeatedly misstated by the court docket, prosecutors, and witnesses beneath—and the explanation why these mischaracterizations and different assaults on Masterson’s religion not solely prejudiced him however violated the First Modification.”
“The proceedings on this matter had been tainted from the outset of the investigation by governmental hostility to the Scientology faith—together with even a acknowledged need to destroy it,” a spokesperson added.
“That hostility started with the police investigation, during which the detectives, slightly than initially assembly with the complaining witnesses, first met with an apostate of the Church, actress Leah Remini, who had nothing to do with the case’s underlying info.”