More than two years after Danny Masterson was convicted during his rape trial, the That ‘70s Show actor’s attorneys have filed a habeas corpus petition claiming that a biased law enforcement investigation and ineffective assistance of counsel resulted in him being found guilty of raping two women.
Filed by Masterson’s attorney Eric Multhaup on Monday, November 17, the petition included several arguments in an attempt to convince the court to grant Masterson, 49, an evidentiary hearing.
One claim made by Masterson was that his trial attorney, Philip Cohen, didn’t call witnesses who may have contradicted Masterson’s victims.
“Among the available witnesses were individuals who would have testified that the complaining witnesses described their encounters with Masterson as positive and consensual in the days and weeks after they occurred … another complaining witness discussed her encounter with a close friend, describing it in a lighthearted and positive manner,” the petition alleged, according to People. “Other guests in Masterson’s home on one evening in question heard what they believed to be enthusiastic, consensual sexual activity.”
According to ABC News, the petition further stated,”This petition contains eight separate ineffective assistance claims relating to a broad array of defense evidence that was not adequately investigated and/or presented.”
“When viewed cumulatively, the prejudice from these multiple instances of deficient performance demonstrates that petitioner’s convictions were a major miscarriage of justice,” the petition continued.
Another argument was that the law enforcement investigation included “bias” which resulted “from the prosecution’s excessive entanglement with Leah Remini.”
While Masterson is a current Scientologist, Remini, 55, famously left the Church of Scientology in 2013 and has been an outspoken critic of the organization since she left the church.
Multhaup also reflected on the filing in a statement to ABC News. “The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias and the failure of defense counsel to present exculpatory evidence,” he said.
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“The habeas corpus petition is accompanied by 65 exhibits that document the evidence of innocence that could have been presented but was not,” Multhaup continued.
“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.”
Masterson was convicted of sexually assaulting two women in early 2000. After he was found guilty in 2023, he was sentenced to serve a 30-year-to-life sentence in prison.
