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Former tv star Danny Masterson claims a mixture of failures by his protection legal professional and a police investigation that was biased in opposition to Scientology led to his conviction on two counts of rape, in keeping with a prolonged movement filed Monday.
Masterson, 49, was sentenced to 30-years-to-life in jail in September 2023 after a jury discovered he sexually assaulted two girls within the early 2000s, whereas on the peak of his fame starring because the mercurial Steven Hyde within the sitcom “That 70s Present.”
Masterson met each of the victims by the Church of Scientology on the time, and church doctrine was repeatedly made a difficulty at trial, with the victims claiming they had been discouraged from reporting the actor to police for years.
Masterson was first charged with three counts of rape in 2020, however a jury deadlocked at his preliminary trial in 2022. Jurors had been unable to succeed in a verdict once more on a 3rd rape rely involving Masterson’s longtime girlfriend when handing down a conviction on the opposite two counts in 2023.
In a 183-page submitting made public Monday, legal professional Eric Multhaup claimed a mixture of errors by protection legal professional Phillip Cohen and what he described as a legislation enforcement investigation closely biased in opposition to Masterson’s religion led to a wrongful conviction.
“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,” he mentioned in a press release. “The habeas corpus petition is accompanied by 65 reveals that doc the proof of innocence that would have been introduced, however was not. 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 nicely.”
On the eve of the primary trial, Masterson was represented by Cohen and Shawn Holley, who was additionally representing former Dodgers pitcher Trevor Bauer as he confronted sexual assault allegations on the identical time. A request to delay Masterson’s trial to accommodate Holley’s schedule was denied, and Masterson quickly turned annoyed with Cohen’s protection technique, in keeping with the submitting.
Within the habeas petition, Multhaup argued that Cohen did not name quite a few witnesses who would have offered exculpatory proof, together with mates of the victims who mentioned they described their encounters with Masterson as consensual and in a single case “the most effective intercourse she had ever had,” in keeping with the submitting.
Cohen, Holley and the Los Angeles County district legal professional’s workplace didn’t instantly reply to requests for remark.
At trial, all the girls described falling prey to Masterson after he served them drinks that made them disoriented and nauseated earlier than he had intercourse with them. Through the hearings, Cohen repeatedly famous that prosecutors introduced zero forensic proof to show the victims had been drugged. However within the habeas movement, Multhaup argued Cohen failed his consumer by not placing ahead an “affirmative protection” together with what they described as “mountains” of proof that the sexual encounters had been consensual.
An legal professional for the ladies didn’t instantly reply to a request for remark.
Multhaup additionally attacked the Los Angeles Police Division and district legal professional’s workplace investigations as unfairly biased in opposition to Scientology, largely because of the involvement of actress Leah Remini within the case. Remini, a former Scientologist, usually appeared in help of the victims in courtroom and aired their allegations in her A&E documentary sequence in regards to the church.
“She was welcomed into the prosecution fold as an adviser, strategist, authoritative arbiter on the coverage and practices of the Church of Scientology, and advocate for the complaining witnesses,” the movement learn. “She was welcomed although the LAPD knew that she had an ongoing vendetta in opposition to petitioner.”
Remini and an LAPD spokesman didn’t instantly reply to a request for remark.
Multhaup additionally argued that Cohen did not name a Scientology witness to counter a prosecution knowledgeable who testified that church doctrines would have barred the victims from reporting Masterson to police.
At varied hearings since 2021, the ladies testified that they feared excommunication from the church and their households in the event that they made prison allegations in opposition to Masterson. The church has denied these claims. Los Angeles County Superior Courtroom Choose Charlaine Olmedo, who oversaw the trial, additionally dominated that proof confirmed Scientology had such a coverage.
Whereas Masterson and the Church have lengthy contended anti-Scientology bias hung over the trial, there have been additionally allegations that the Church and its brokers acted improperly at factors.
Final yr, Olmedo sanctioned two of of Masterson’s former attorneys, for improperly sharing discovery from the trial with the Church of Scientology. The supplies included non-public conversations between Masterson’s victims and police in addition to the victims’ residence addresses. The church has denied all wrongdoing.
A 2024 Instances investigation additionally revealed allegations that the church tried to “derail” the case in opposition to Masterson by harassing legislation enforcement officers concerned in his prison trial. A break-in was reported on the residence of the lead prosecutor, Deputy Dist. Atty. Reinhold Mueller, who additionally claimed he was harassed and almost “run off the street” within the lead-up to the trial, in keeping with a civil lawsuit, police studies and a video reviewed by The Instances.
Los Angeles police detectives assigned to the case additionally claimed they’d been adopted and harassed by church brokers, in keeping with a 2023 interview with former LAPD Chief Michel Moore. However an LAPD investigation did not substantiate these claims, Moore mentioned on the time.
The church has strongly denied the claims, arguing there’s not a “scintilla of proof” to help allegations of Scientology interference. A church spokeswoman didn’t instantly reply to an e-mail in search of touch upon Monday.
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