Danny Masterson, the former That 70s Show actor, is making a legal push to overturn his rape convictions, arguing that mistakes by his previous defense team denied him a fair trial.
At 48, Masterson is currently serving 30 years to life after being found guilty of raping two women in 2003, charges he continues to deny, insisting the encounters were consensual.
Habeas Corpus Petition Alleges Multiple Missteps
On Monday, attorney Eric Multhaup filed a 183-page habeas corpus petition, claiming Masterson’s retrial was riddled with errors.
According to the filing, alleged prosecutorial misconduct, judicial bias, and failures by prior defense attorneys prevented a full and fair trial.
Multhaup told the Daily Mail, “The habeas corpus petition is accompanied by 65 exhibits that document evidence of innocence that could have been presented but was not.
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.”
Alleged Flaws in Defense Strategy
Masterson’s petition details concerns about his former attorneys, Philip Cohen and Shawn Holley.
Holley was representing Masterson while also handling a high-profile sexual assault case involving ex-baseball player Trevor Bauer, and Masterson’s request to delay his trial to accommodate her schedule was denied.
The filing claims Cohen failed to call witnesses who could have supported Masterson’s account, including friends of the accusers who allegedly indicated the encounters were consensual.
Additionally, Multhaup argues that Cohen did not sufficiently challenge the prosecution’s suggestion that alcohol led the women to become disoriented, despite no forensic evidence of drugging being presented at trial.
Scientology’s Role and Missed Testimony
Another significant focus of the petition involves Scientology.
Prosecutors argued that Masterson’s membership in the church discouraged the women from reporting the alleged assaults.
Multhaup claims Cohen failed to present testimony from a Scientology member to counter this argument.
The Church of Scientology denies any wrongdoing, while Judge Charlaine Olmedo, who oversaw the retrial, previously ruled that evidence supported the prosecution’s assertion regarding the church.
Alleged Shift in Prosecution Tactics
The petition also contends that the prosecution pivoted its strategy mid-trial, portraying Scientology as a “villainous force” actively discouraging reporting and harassing the women.
Multhaup claims that the complainants’ testimony alone was “underwhelming,” prompting prosecutors to emphasize the church’s involvement in the narrative.
Previous Appeals and Legal Context
Many points in this petition mirror arguments made by Masterson’s prior appellate attorney, Cliff Gardner, who submitted a 246-page brief in December 2024.
Masterson remains incarcerated at California Men’s Colony, a facility known for housing high-profile inmates such as Suge Knight and Charles “Tex” Watson.
Family Life Amid Legal Battles
Masterson’s personal life has also been affected by his conviction.
His estranged wife, Bijou Phillips, filed for divorce less than two weeks after his sentencing and was granted full custody of their daughter, Fianna Francis.
Despite their separation, Phillips has continued to bring Fianna to visit her father, including on his birthday in March 2024.
Recently, Phillips filed to legally change their daughter’s last name from Masterson to Phillips.
The couple had married in 2011 after meeting at a Las Vegas poker tournament and worked together on three films and a TV episode.
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