Danny Masterson loses rape conviction appeal

The "That '70s Show" actor is serving 30 years to life in prison after being found guilty of two counts of rape.LOS ANGELES (CN) — The California Court of Appeal rejected actor Danny Masterson’s challenge to his 2023 rape conviction on Tuesday, also rejecting a separate habeas corpus petition based on new evidence that has come to light since the trial.In a statement, Masterson’s attorney, Cliff Gardner, said his client will ask the California Supreme Court to review his case.“The appellate court’s decision to deny this appeal and deny the habeas corpus petition ignores the extraordinary new evidence that has been before them for more than a year," Gardner said in the statement. “That evidence includes statements by both complaining witnesses that their sexual experiences with Danny Masterson were both consensual and positive. Danny is serving a life sentence for crimes he did not commit.”The one-time star of the sitcom “That ’70s Show” is serving 30 years-to-life in prison after a jury found him guilty of drugging and raping two women in the early 2000s.In making his case to the three-judge panel, Masterson offered an array of arguments. Among other things, he said the jury was never explicitly informed about the victims’ possible financial motives for ensuring Masterson was convicted. They are currently suing Masterson for harassment and stalking, but not rape, a cause of action that was time-barred — until Masterson was convicted of forcible rape involving more than one victim. The panel found that argument to be speculative.“The facts and assumptions underpinning that request were both unknowable and reasonably disputable: whether the jury would convict defendant of rape; whether the victims would subsequently seek to amend their civil complaint to include a rape claim; whether the court in the victims’ civil action would allow leave to amend to include a rape claim; whether the victims would recover any damages in their civil action; and whether the victims would recover substantially more damages on a civil rape claim compared to their stalking and harassment claims,” Justice Victoria Chavez wrote in the unanimous ruling. “Given the speculative inferences the jury would have to make regarding possible future events, the trial court did not abuse its discretion by excluding evidence.”Masterson, a prominent member of the Church of Scientology, was accused of raping three different women, who were also Scientologists. The women reported the rapes to the church, which typically tries to settle disputes between its members, and which dissuaded the women from going to the police. One of them did report the rape in 2004, but the district attorney at the time declined to prosecute.Prosecutors finally charged the actor in 2020, following the “Me Too” movement. His first trial ended in a mistrial; a second jury convicted Masterson on two counts and deadlocked on the third.Masterson has also argued Superior Court Judge Charlaine Olmedo was biased against the Church of Scientology. The panel rejected that argument as well.“Defendant cites other statements by the trial court that he claims demonstrate hostility toward Scientology by comparing Scientology to white supremacists, gangs and Satanists,” Chavez wrote in the opinion. “All of these statements, viewed in context, evidence no animosity toward Scientology. … The trial court did not suggest that Scientologists are like gang members or white supremacists; the court simply used those groups as examples to explain that members of a group can be qualified experts on that group.”Other arguments, including that the rape charges fell outside the 10-year statute of limitations, were similarly rejected by the appellate court.Categories / Appeals, CriminalSubscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads