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Danny Masterson is pushing for a new trial, arguing that his previous attorney delivered an inadequate defense that ultimately helped land him in prison. The former That '70s Show actor is currently serving a 30-year sentence at the California Men's Colony after being convicted of raping two women in 2023, while the jury deadlocked on a third count.
In a petition for writ of habeas corpus filed Monday, Masterson's new legal team claims his trial lawyer, Philip Cohen, failed to conduct basic due diligence, ignored crucial witness testimony, and refused to present evidence that could have challenged the prosecution's narrative. According to the filing, Masterson "implored" Cohen to present even minimal defense evidence, but the attorney declined.
Masterson's team argues that several witnesses who described consensual encounters with the actor were never interviewed, despite being flagged by investigators. The petition also notes that friends of two accusers said the women had previously described their interactions with Masterson as consensual or positive — testimony Cohen allegedly disregarded.
The filing further claims Cohen failed to adjust strategy after the first trial, where the jury hung on all three counts. During the retrial, prosecutors leaned heavily into Masterson's involvement with the Church of Scientology, arguing the institution discouraged the women from going to the police. Instead of rebutting those claims with witnesses from within the church, the defense chose to downplay the issue entirely.
Masterson's attorneys also allege judicial bias, citing comments and rulings they say tipped the balance toward the prosecution. They argue the jury was ultimately shown "only half the story," hearing the government's case without any meaningful rebuttal.
Masterson's new counsel, Eric Multhaup, said the failures amounted to an unfair trial. "The jury heard only the prosecution's side," he said in a statement. "Danny deserves a new trial where the jury can hear his side as well."
The petition runs parallel to a separate appeal filed last year, giving Masterson another path to challenge his conviction as he continues to serve one of the harshest sentences ever handed to a Hollywood actor.
