A state appeals court panel on Tuesday upheld the conviction of former "That '70s Show" actor Danny Masterson, who is currently serving a state prison sentence of 30 years to life. Masterson was convicted for raping two women at his Hollywood Hills home in incidents prosecutors said occurred in the early 2000s.
The three-justice panel from California's 2nd District Court of Appeal rejected nearly a dozen reasons presented by the defense for reversing Masterson's conviction. These arguments included claims of a delay in prosecuting one of the charges and the jurors being allowed to hear evidence about the Church of Scientology during his trial.
In their 89-page opinion, the appellate court justices found the evidence regarding the Church of Scientology to be relevant. They stated it helped to understand "the victims’ behavior toward defendant and their interactions with him; their initial reports to Scientology; their delay in reporting the crimes to law enforcement; their initial acceptance of defendant’s behavior, and their families’ and friends’ subsequent reactions." The panel also concluded that statements made by the trial court, which Masterson's defense claimed showed a lack of neutrality, evidenced "no animus or departure from neutrality regarding Scientology" when viewed in context.
Masterson's attorneys are expected to ask the California Supreme Court to review the case. Lead appellate attorney Cliff Gardner stated shortly after the ruling that the decision to deny the appeal and habeas corpus petition ignores "extraordinary new evidence" that has been before them for over a year. Gardner claimed this evidence includes statements from both complaining witnesses that their sexual experiences with Masterson were "both consensual and positive," adding that Masterson is serving a life sentence for crimes he did not commit. Attorney Eric Multhaup, representing Masterson in separate habeas corpus proceedings, criticized the appellate court for not addressing any exculpatory evidence in the petition, calling its response a "cursory treatment" that reflects poorly on justice.
Masterson, now 50, was found guilty on May 31, 2023, of two counts of rape by force or fear. The jury deadlocked on a third rape charge involving a former longtime girlfriend of Masterson, a count that the Los Angeles County District Attorney’s Office later opted not to retry, leading to its dismissal.
At his September 2023 sentencing, Los Angeles County Superior Court Judge Charlaine Olmedo addressed Masterson directly. She acknowledged he was "sitting here steadfastly on your claims of innocence," but emphasized, "Mr. Masterson, you are not the victim here." The judge stated that his actions had taken away another person's voice and choice, and that both victims reported the rapes shortly afterward. Judge Olmedo called Masterson's actions "criminal" and later ordered him to register as a sex offender for the rest of his life upon his release from state prison.
One of the victims, identified as "Jane Doe 2," confronted Masterson at his sentencing, saying, "You relish in hurting women. You lived your life behind a mask as two people. But the real one sits here…" She stated the world is "safer" with him behind bars and believed it never occurred to him he would be "held accountable." She concluded by telling the actor, "I forgive you," and that his "sickness" was no longer her burden. The other victim, "Jane Doe 1," expressed regret that she had not "reported him sooner" to Los Angeles police, adding she "knew he belonged behind bars."
This was the second jury to hear the case against Masterson, who was charged in 2020. During the first trial, jurors leaned toward acquittal on all three counts but were unable to reach a unanimous decision, resulting in a mistrial in November.
During the retrial, Deputy District Attorney Reinhold Mueller argued to the jury that Masterson "drugged and raped each one of these victims," and that it was time to hold him accountable. Mueller noted the three women were, like Masterson, members of the Church of Scientology, and asserted that the church retaliated against them. Defense attorney Philip Kent Cohen urged jurors to acquit his client, questioning the credibility of the women and the prosecution's heavy reliance on Scientology-related testimony.
The Church of Scientology issued a statement criticizing the prosecution’s characterizations of the church's actions, asserting, "The church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone, Scientologists or not, to law enforcement." The statement added that church policy "explicitly demands Scientologists abide by all laws of the land" and that contrary allegations are false.
A civil suit, filed in August 2019 against Masterson and the Church of Scientology by the three women involved in the criminal case along with one woman who was not a church member, alleges stalking and harassment after reporting sexual assault.
