Former That '70s Show actor Danny Masterson is blaming his trial lawyer for his 2023 rape convictions and accusing his defence team of "failure of due diligence." Masterson, currently serving 30 years to life in prison for raping two women, filed a petition for habeas corpus - a legal action challenging the lawfulness of his imprisonment - on Monday, which blamed his trial lawyer, Philip Cohen, for failing to call any witnesses and for not pushing back on prosecutors' claims about Scientology, Variety reports.
Masterson, 49, "implored (Cohen) to present at least a minimal modicum of defense evidence, but counsel refused," according to the filing."Cohen had a longstanding aversion to presenting affirmative defense evidence in the cases he tried," the filing said."He personally spoke to only two of the more than 20 potential witnesses who had been strongly recommended by co-counsel Karen Goldstein and investigator Lynda Larsen. He wrote off the great majority of them without any personal contact, notwithstanding their manifestly exculpatory prior statements to the police and to investigators." Story continues below advertisement In the petition, Masterson also alleges police and prosecutors were prejudiced against Scientology, partially due to the involvement of former Scientologist Leah Remini, who supported his accusers publicly."She was welcomed into the prosecution fold as an adviser, strategist, authoritative arbiter on the policy and practices of the Church of Scientology, and advocate for the complaining witnesses," said the petition. "She was welcomed even though the LAPD knew that she had an ongoing vendetta against petitioner." More on Entertainment More videos Man who rushed Ariana Grande at 'Wicked' premiere jailed in Singapore Jelly Roll shocks wife by shaving beard for 1st time after major weight loss Danko Jones on new album 'Leo Rising' and what it takes to grind it out on the road Billie Eilish calls out 'pathetic' Elon Musk for not donating vast fortune Palma's Picks: A daughter's search for her father and justice Cooking Together: Perfecting pot roast Fest Forward continues to help artists navigate the music industry Saturday Sips: Pax Romana's modern twist on classic cocktails The actor was found guilty of two of three counts of forcible rape during his retrial in May 2023. He had pleaded not guilty to the charges against him. The retrial was called after 2022's original trial on the same three counts ended in a mistrial when a jury deadlocked, failing to reach unanimous verdicts. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy. During the second trial, deputy district attorney Reinhold Mueller and his team tried to paint Masterson as a serial rapist who had been protected by high-ranking officials in the Church of Scientology. (Masterson and his family are all members of the church.) They claimed Masterson, on separate occasions, put drugs into the drinks of a longtime girlfriend and two other women he knew through the church before he raped them.
The victims claimed Scientology officials threatened them for years after they reported Masterson's abuse to police. The Church of Scientology has denied all accusations of wrongdoing and was not a party in Masterson's trial. Story continues below advertisement At the retrial, prosecutors called Claire Headley to the stand. She is an ex-Scientologist who testified that the church requires special permission to go to authorities. 0:58 Danny Masterson controversy: Ashton Kutcher and Mila Kunis issue public apology after letters to judge emerged Danny Masterson controversy: Ashton Kutcher and Mila Kunis issue public apology after letters to judge emerged 'That '70s Show' actor Danny Masterson sentenced to 30 years in prison Danny Masterson found guilty of 2 counts of rape in 2nd trial Mistrial declared in Danny Masterson rape trial, jury 'hopelessly deadlocked' Previous Video Next Video According to the new filing, the church's lawyers urged Cohen to call Hugh Whitt, a longtime Scientologist, to speak to the claim, but Cohen and his co-counsel did not call him. Trending Now Calgary father, 7-year-old daughter die after wave sweeps them out to sea in California Carney's federal budget faces critical confidence vote in House of Commons "Why have we heard so much about Scientology?" Cohen asked in his closing argument instead of rebutting Headley's claim. "Could it be there's problems otherwise with the government's case?"The petition argues that Cohen failed to interview numerous defence witnesses who might have helped Masterson's case by challenging the credibility of his accusers."This failure of due diligence violated the well-settled principle of Sixth Amendment case law that an attorney