In a dramatic legal twist, actor Danny Masterson is pointing the finger at his former attorney for his 2023 rape conviction. In newly filed documents on Monday, Masterson seeks to overturn his conviction, attributing his predicament to what he claims was his lawyer’s incompetence.
Masterson’s current legal team asserts that Philip Cohen, his previous lawyer, failed to call crucial witnesses and did not adequately challenge the prosecution’s narrative concerning Masterson’s association with Scientology. As reported by TMZ, the new filings reveal that Cohen consulted only two out of more than 20 potential witnesses. These individuals reportedly had previously provided statements to law enforcement and investigators that could have supported Masterson’s defense. Currently, Masterson is serving a 30-year-to-life sentence in a California prison following his conviction on two counts of rape. Notably, the jury found insufficient evidence to convict him on a third count, as detailed by CrimeOnline.
Furthermore, Masterson contends that Cohen neglected to counter the prosecution’s assertions that within Scientology, women are often deterred from reporting allegations against prominent members to the authorities. This claim was significant as it was alleged that women had faced threats for coming forward.
Eric Multhaup, Masterson’s new attorney, emphasized the alleged deficiencies in the previous trial, stating, “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,” as reported by NBC News. Multhaup insists that the jury was only exposed to the prosecution’s narrative and argues for a retrial to ensure that Masterson’s side of the story is also heard.
The petition highlights that after the jury failed to reach a unanimous decision in Masterson’s initial trial, the actor had requested Cohen to engage with additional witnesses. However, Cohen reportedly declined to pursue this line of defense.
According to the petition, after the jury deadlocked in Masterson’s first trial, the actor asked Cohen to interview more witness, but he declined.
Masterson “implored Cohen to present a defense case, Cohen did not interview any potential defense witnesses prior to the retrial; did not have any witnesses under subpoena; and did not present any defense,” the petition says.
