Danny Masterson, the actor best known for his role on That '70s Show, is seeking a new trial, claiming his lawyer mishandled his defense in the high-profile rape case that led to his conviction and a 30-year prison sentence, NBC News reports. Masterson, who was found guilty of raping two women in 2023 (a jury deadlocked on a third count), filed a petition for a writ of habeas corpus in California on Monday. The petition argues that his defense attorney, Philip Cohen, failed to present key witnesses and ignored exculpatory evidence that could have swayed the jury, including witnesses who would have testified to consensual sexual relationships with him.
The petition claims Cohen spoke to only two people from a comprehensive list of potential witnesses and failed to present any defense witnesses during the retrial that happened after the first trial ended in a mistrial—even after Masterson "implored" him to do so. It also accuses Cohen of refusing to push back against the prosecution's focus on Masterson's involvement in the Church of Scientology, which included the prosecution's argument that the two victims were discouraged by the church from reporting Masterson, as well as a witness for the prosecution who explained the church requires special permission if its members want to go to police about other members.
"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," Masterson's new attorney says in a statement. The new petition also alleges prosecutorial misconduct and judicial bias, claiming a number of rulings and comments favored the prosecution. The filing also accuses the judge of bias against the Church of Scientology, arguing there was an "unconstitutional intrusion" into the church's teachings, ABC 7 reports.