Appeals court upholds Danny Masterson rape conviction and 30-year sentence

Left · 3A three-judge panel of California's 2nd District Court of Appeal on Tuesday rejected Danny Masterson's appeal and upheld his 2023 rape conviction and 30-year sentence, in an 89-page ruling. 1 2 3 Left · 2Masterson, the "That '70s Show" actor, was convicted in May 2023 of two counts of rape by force or fear over assaults at his Hollywood Hills home in the early 2000s; the Independent reports he was sentenced to 30 years to life. 3 1 Left · 2The defense argued that Judge Charlaine Olmedo made remarks and rulings showing hostility to Scientology and infringing his First Amendment rights; the panel found her statements, viewed in context, "evidence no animus or departure from neutrality regarding Scientology." 1 3

Mixed · 2The court also held that letting jurors hear Scientology evidence, including from a former Scientologist expert, was proper, because "the jury in this case was not asked to determine the truth or falsity of Scientology doctrine or beliefs." 1 2 Left · 2Prosecutors had argued the victims, who belonged to the church, delayed reporting because of fear of retaliation for violating a Scientology rule against going to police; the court said the evidence was relevant to the victims' behaviour, their delay in reporting and their families' reactions. 1 3 Mixed · 2The panel also rejected arguments on the statute of limitations and evidentiary rulings, found that claimed errors did not add up to cumulative error, and summarily denied a separate habeas corpus petition arguing inadequate defense. 1 2

Centre · 1Masterson's attorneys Cliff Gardner and Eric Multhaup told Deadline they will try to take the case to the California Supreme Court and pursue habeas corpus relief based on what they call exculpatory evidence never presented to the jury; the Church of Scientology did not respond to Deadline's request for comment. 2 Left · 1Rolling Stone reports that the defense's habeas claim rests on evidence that the two women told friends their encounters with Masterson were consensual; the justices were not persuaded it should have been admitted or would have changed the outcome. 4 Left · 1Appellate lawyer Cliff Gardner said Masterson is "serving a life sentence for crimes he did not commit", and Eric Multhaup called the ruling "fundamentally wrong", saying the panel dismissed the habeas petition with "a one-paragraph summary of the one-sided evidence presented by the prosecution." 4

Left · 1The panel noted that Masterson himself had asked the trial court before the 2022 trial to limit references to Scientology; the judge had asked why such evidence would be more inflammatory than evidence about street gangs or white supremacy, remarks the defense cited as bias. 4 Left · 1The A.V. Club, citing Deadline, adds that the allegations first surfaced publicly in 2017 amid investigations into the Church of Scientology, that Masterson was arrested in 2020, and that he is ineligible for parole until 2042. 5 Left · 1The first trial ended in a mistrial in November 2022 with jurors split on all three counts; at the retrial, jurors deadlocked on a third count involving a former girlfriend, which prosecutors chose not to retry. 3

Centre · 1Deadline reports Masterson remains ineligible for parole until 2042 and is held at the California Men's Colony in San Luis Obispo; he was sentenced on 7 September 2023 and has been in custody since. 2 Left · 1At sentencing, Masterson's lawyer Shawn Holley said he did not commit the crimes and that convictions would be overturned; the Church of Scientology has said it has no policy discouraging members from reporting crimes to law enforcement and called allegations to the contrary false. 3