A Los Angeles jury found Masterson guilty last year of two counts of rape by force or fear for assaulting two women at his Hollywood Hills home in separate incidents in 2003 — during the same time he was starring on the Fox TV's "That '70s Show." The jury deadlocked on the case involving a third alleged victim. The May 2023 trial followed a mistrial in November 2022.
Cliff Gardner, the attorney handling Masterson's appeal, filed an appellant's opening brief Tuesday that alleges witnesses told different versions of their stories over time. The brief also argues that evidence that would have helped Masterson's defense was not presented due to what Gardner describes as erroneous rulings by the court. Gardner argues in the court filings that those factors support reversing the convictions.
LOS ANGELES, CA - SEPTEMBER 18: Actor Danny Masterson is arraigned on rape charges at Clara Shortridge Foltz Criminal Justice Center on Sept. 18, 2020, in Los Angeles. LUCY NICHOLSON / Getty Images"It is true, of course, that a defendant is not entitled to a perfect trial. He is, however, still entitled to a fair one," the brief reads. "Danny Masterson received neither. Reversal is required."
"I could not breathe," she said, crying.
"That he was going to kill me," she said. "That I was going to die."
Masterson and the victims were members of the Church of Scientology, which became a central focus of the case as the women alleged they were stalked and harassed after reporting the allegations to police.
During the trial, Deputy District Attorney Reinhold Mueller told jurors the church had retaliated against the victims for reporting the the crimes — the rape of a 28-year-old woman in April 2003 and assault of a 23-year-old woman, also that year.
The church released a statement at the time refuting the allegations.
In the newly filed brief for Masterson's appeal, Gardner alleges the victims changed their stories "dramatically" over the years and had a financial motive to do so. Gardner argues in court documents that though the statute of limitations to file a lawsuit seeking damages had expired before the trial, under state law it would be revived if Masterson was convicted of forcible rape involving multiple victims.
He also states in the court filings that some witnesses died before the case went to trial, more than a decade after being reported to law enforcement, and alleges that police lost a tape-recorded witness interview that would have helped Masterson's defense.
"I am experiencing a complex array of emotions – relief, exhaustion, strength, sadness – knowing that my abuser, Danny Masterson, will face accountability for his criminal behavior," said a statement from one of the women whom Masterson was convicted of raping at his home in 2003.
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