Danny Masterson Seeks to Overturn Rape Conviction
Danny Masterson’s legal team has submitted a writ of habeas corpus aiming to overturn his conviction for second-degree rape, along with the 30-year to life sentence he received.
In documents reviewed, Masterson points to over a dozen instances of ineffective legal representation, misconduct from prosecutors, and bias within the judicial system. He also asserts that the investigation by the Los Angeles Police Department was “compromised” due to his prior involvement with Leah Remini, a former Scientologist who was working on an anti-Scientology show during that period.
This year, Masterson was sentenced to the maximum term of 30 years to life and will have the chance for parole after serving at least 25 years.
Details on the Appeal
Masterson’s attorney, Eric Maltup, claimed that the recent trial was undermined by prosecutorial misconduct and judicial bias, along with the defense’s failure to present critical evidence that could have helped his case. Maltup mentioned that the habeas corpus petition includes 65 pieces of evidence that were not brought up during the trial.
“The jury only received part of the prosecution’s case. Danny deserves a new trial where his perspective can also be considered,” he said.
Representatives for Leah Remini and the LAPD have yet to respond to requests for comments regarding this situation.
“The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the defense’s failure to present exculpatory evidence.”
— Eric Maltup
Initially, Masterson worked with attorney Sean Hawley but changed counsel due to conflicts with another case. After Philip Cohen took over, Masterson expressed surprise over Cohen’s hesitance to present affirmative evidence in his previous trials.
Masterson alleged that Cohen only spoke to two of the over 20 suggested witnesses, which he argues violates his rights under the Sixth Amendment.
Trial and Investigation Concerns
Masterson claims that key witnesses were not called, and the original jury refrained from delivering a not-guilty verdict despite insufficient evidence. Prosecutors later indicated their intent to adopt a more aggressive strategy.
Allegedly, the prosecutors aimed to depict the Church of Scientology, connected to Masterson, as a sinister entity discouraging witnesses from coming forward with allegations of rape.
Masterson believes the prosecutor’s approach and Cohen’s decision to follow prior strategies were detrimental, leading to his conviction. He also alleges that law enforcement was biased from the outset, primarily due to interactions with Remini and a perceived vendetta against him.
According to the aforementioned documents, Remini had a financial stake in pursuing the investigation, as her notoriety and that of her show would benefit from it.
“Remini had a significant financial interest in facilitating the police investigation and prosecution of the complainant.”
— Danny Masterson Habeas Corpus
Masterson is currently held at a medium-security facility in California, having previously spent a few weeks in maximum security. He was convicted of two counts of forcible rape after a jury deliberation that extended over eight days. The jury was unable to reach a decision on a third charge during the trial.
Judge Charlaine Olmedo handed down consecutive sentences of 15 years to life for each count, amounting to 30 years to life overall.
Facing three counts of rape originally, Masterson could have been sentenced to up to 45 years in prison for allegations stemming from incidents that occurred between 2001 and 2003. He was arrested in mid-2020 but maintains his innocence throughout the process.
