Former That '70s Show actor Danny Masterson has launched a major legal challenge to overturn his rape convictions, submitting extensive court documents that allege multiple errors during his retrial cost him his freedom.
Grounds for Appeal: Alleged Legal Missteps
On Monday, Masterson's current attorney Eric Multhaup filed a substantial 183-page habeas corpus petition arguing that the actor's retrial was fundamentally flawed. The court documents present a compelling case that combines claims of prosecutorial misconduct, judicial bias, and critical failures by previous defence counsel to present evidence that could have proven Masterson's innocence.
Multhaup stated in a website announcement: '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.'
The 48-year-old actor is currently serving a 30-years-to-life sentence at California Men's Colony following his conviction for raping two women in 2003. Masterson continues to deny all allegations, maintaining that all encounters were entirely consensual.
Defence Strategy Controversies
According to the new legal filings, significant problems began even before Masterson's case reached trial. The actor was previously represented by attorneys Philip Cohen and Shawn Holley, with the latter simultaneously handling former Dodgers pitcher Trevor Bauer's separate sexual assault case.
The petition reveals that a request to postpone Masterson's trial to accommodate Holley's schedule was denied by the court. Masterson grew increasingly concerned about Cohen's defence strategy and now argues that his former attorney failed to call crucial witnesses who could have supported his version of events.
Multhaup claims in court records that several friends of the accusers were prepared to testify that the women had originally described their encounters with Masterson as consensual. The petition further alleges that Cohen didn't adequately challenge the prosecution's narrative that each woman became disoriented and nauseated after drinking alcohol provided by Masterson.
While Cohen did point out during trial that prosecutors presented no forensic evidence of drugging, Multhaup's filing contends the attorney failed Masterson by not mounting a complete 'affirmative defence' that would have included substantial evidence supporting the consensual nature of the encounters.
Scientology's Role in the Case
Another crucial element of Masterson's appeal focuses on the role of Scientology in the proceedings. Prosecutors had argued that church teachings discouraged the women from reporting Masterson – assertions both the actor and church representatives strongly deny.
The petition claims Cohen failed to call a Scientology member to rebut the prosecution's expert witness, who testified that church policies would have prevented the women from reporting Masterson to police in 2003. The Church of Scientology has consistently denied these allegations, though Judge Charlaine Olmedo previously ruled that evidence indicated the church maintained such policies.
Multhaup's filing alleges that prosecutors recognised 'the complaining witnesses' testimony was by itself underwhelming' and consequently shifted to presenting 'a significantly more aggressive case' that prominently portrayed Scientology as a villainous force that discouraged reporting and harassed victims.
This new appeal echoes arguments made by Masterson's previous attorney, Cliff Gardner, who submitted a 246-page appellate brief in December 2024. The legal battle continues as Masterson remains incarcerated alongside other high-profile inmates including Suge Knight and Charles 'Tex' Watson.
In personal developments, Masterson's estranged wife Bijou Phillips filed for divorce less than two weeks after his sentencing and obtained full custody of their daughter Fianna Francis. Despite their separation, Phillips has brought their daughter to visit Masterson in prison, including for his birthday in March 2024. Recently, Phillips filed paperwork to change their 11-year-old daughter's surname from Masterson to Phillips.
