Danny Masterson is blaming his trial legal professional for placing on a poor protection as he seeks to overturn his rape conviction.
Masterson, the previous star of “That ’70s Present,” is serving a 30-year sentence on the California Males’s Colony in San Luis Obispo after being convicted of two rape costs in 2023.
In a petition for habeas corpus filed on Monday, his appellate legal professionals blamed his trial legal professional, Philip Cohen, for failing to name any witnesses and for not pushing again on prosecutors’ claims about Scientology.
In accordance with the submitting, Masterson “implored (Cohen) to current not less than a minimal modicum of protection proof, however counsel refused.”
Masterson was convicted of raping two girls at his Hollywood Hills residence in 2003, whereas the jury deadlocked on a 3rd rape cost. At an earlier trial in 2022, the jurors held on all three counts however had been leaning towards acquittal.
Scientology performed a job in each trials, however was notably distinguished within the retrial. Prosecutors argued that the ladies had been discouraged from reporting a high-profile member of the church. Two of them testified that they had been threatened with excommunication in the event that they went to the police.
On the retrial, prosecutors referred to as Claire Headley, an ex-Scientologist who testified that the church requires particular permission to go to the authorities.
In accordance with the habeas petition, the church’s legal professionals urged Cohen to name Hugh Whitt, a longtime Scientologist, to rebut that declare. Although Whitt was on the protection witness listing, Cohen and his co-counsel elected to not name him.
Slightly than mount a forceful protection of Masterson’s faith, Cohen’s technique at each trials was to downplay it.
“Why have we heard a lot about Scientology?” he requested in his closing argument. “May it’s there’s issues in any other case with the federal government’s case?”
The habeas petition argues that Cohen is usually averse to placing on an affirmative protection, as a substitute counting on cross-examination of the federal government’s witnesses to ascertain cheap doubt.
That technique practically labored on the first trial, as Masterson got here inside just a few votes of acquittal. However on the retrial, the prosecution got here armed with extra favorable evidentiary rulings and placed on a extra aggressive case.
The petition argues that Cohen failed to vary his technique to account for that, and didn’t interview many protection witnesses who may have undermined the accusers’ credibility.
“In sum, the jury noticed solely the tip of the iceberg of obtainable protection proof within the type of the complaining witnesses’ inconsistent statements whereas the wealth of straight exculpatory proof
went unused for no viable tactical purpose,” the petition argues.
Masterson’s legal professionals filed a separate enchantment final December, through which they challenged lots of the choose’s rulings. The habeas petition permits them to handle proof that was not launched at trial.
“The jury heard solely half the story – the prosecution’s facet,” stated Masterson’s appellate lawyer, Eric Multhaup, in a press release. “Danny deserves a brand new trial the place the jury can hear his facet as effectively.”
