"That '70s Show" star Danny Masterson has argued that his former defense attorney is responsible for the rape conviction that sent him to prison, according to a new habeas corpus petition.
Masterson, 49, is serving a 30-year sentence for sexually assaulting two women in the early 2000s.
He was charged in 2020 with forcibly raping three women in incidents from 2001 to 2003.
His first trial ended in a mistrial, and a second jury convicted him in 2023 on two of the charges.
The petition, filed Monday, Nov. 17, and reviewed by People, seeks to overturn the conviction and alleges that mistakes by Masterson's trial lawyer, Philip Cohen, prevented him from receiving a fair defense.
In a statement shared with People, Masterson's attorney Eric Multhaup said that 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."
"The habeas corpus petition is accompanied by 65 exhibits that document the evidence of innocence that could have been presented, but was not. The jury heard only half the story — the prosecution's side," he continued. "Danny deserves a new trial where the jury can hear his side as well."
The filing states that Masterson's new attorneys, Multhaup and Clifford Gardner, accuse Cohen of refusing to introduce testimony they say could have helped the defense.
They argue that Cohen had a "longstanding aversion to presenting affirmative defense evidence in the cases he tried," and that he failed to contact most of the witnesses identified by co-counsel.
According to the document, Cohen spoke with only two of roughly 20 names offered.
The petition says some of those witnesses would have testified that one accuser had initially spoken positively about her sexual relationship with Masterson and described it as "the best sex [she] ever had."
Others, the filing states, would have said the women characterized the encounters as consensual in the days and weeks afterward.
"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 reads.
It also claims that guests in Masterson's home on one night in question believed they heard "enthusiastic, consensual sexual activity."
According to the filing, Masterson repeatedly urged Cohen to present defense evidence.
It states that Masterson "implored [Cohen] to present at least a minimal modicum of defense evidence, but counsel refused."
The petition also argues that Cohen should have countered the prosecution's emphasis on the Church of Scientology.
Masterson, a Scientologist, allegedly met one of the women through the Church, and the filing says the subject became a major part of the state's closing arguments.
Masterson remains at California Men's Colony. His estranged wife, Bijou Phillips, filed for divorce less than two weeks after his sentencing and later received full custody of their daughter, the Daily Mail reported.
She has continued to bring their daughter for visits, including for Masterson's birthday in March 2024.
The habeas petition was submitted only weeks after Phillips asked a court to change their daughter's name from Fianna Masterson to Fianna Phillips, a request she filed on Oct. 24 that is still awaiting a judge's decision.
Phillips and Masterson married in 2011 after meeting at a Las Vegas poker tournament and later appeared together in several films and an episode of "Raising Hope."
Zoe Papadakis ✉
Zoe Papadakis is a Newsmax writer based in South Africa with two decades of experience specializing in media and entertainment. She has been in the news industry as a reporter, writer and editor for newspapers, magazine and websites.
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