That '70s Show star Danny Masterson makes unexpected request from jail amid estranged wife's major move to cut ties
Topics: US News, Crime, Celebrity, Film and TV
Lucy Devine
Featured Image Credit: Anna Webber/Getty Images for Netflix
Topics: US News, Crime, Celebrity, Film and TV
Warning: This article contains discussion of rape which some readers may find distressing
Danny Masterson has made a request from jail just weeks after his ex-wife made a significant move to cut ties with her estranged ex.
Masterson, who is a former star of That '70s Show, is serving a 30-year prison sentence after he was found guilty of sexually assaulting two women between 2001 and 2003.
Just a few weeks ago, Masterson's ex-wife Bijou Phillips asked a court to remove 'Masterson' from their daughter's name, a decision that is waiting for the approval of a judge.
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In a recent update, Masterson filed a habeas petition on Monday (17 November) to overturn his conviction.
It argues that his lawyer at the time, Philip Cohen, did not prepare for the case adequately, leading to a lack of witnesses and other essential pieces of information.
“The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the failure of defence counsel to present exculpatory evidence,” Masterson's attorney Eric Multhaup said in a statement seen by PEOPLE.
“The habeas corpus petition is accompanied by 65 exhibits that document the evidence of innocence that could have been presented, but was not. The jury heard only half the story — the prosecution’s side. Danny deserves a new trial where the jury can hear his side as well.”
The petition claims that out of 20 potential witnesses, Cohen only spoke with two.
It claims that some of the witnesses available would have testified in court that the victims had spoken positively about their time with Masterson.
Despite Masterson having 'implored Cohen to present a defence case, Cohen did not interview any potential defence witnesses before the retrial; did not have any witnesses under subpoena; and did not present any defence' the petition adds.
“Among the available witnesses were individuals who would have testified that the complaining witnesses described their encounters with Masterson as positive and consensual in the days and weeks after they occurred... another complaining witness discussed her encounter with a close friend, describing it in a lighthearted and positive manner," the petition continued.
“Other guests in Masterson’s home on one evening in question heard what they believed to be enthusiastic, consensual sexual activity.”
During the trial, the initial jury were unable to reach an agreement on three counts of rape in December 2022, and so a mistrial was declared.
Prosecutors retried Masterson on all three counts, and a jury of seven women and five men found Masterson guilty of two counts.
Both attacks were said to have taken place in Masterson’s home in 2003.
A verdict could not be reached on the third count - an allegation that Masterson also raped a longtime girlfriend.
UNILAD has reached out to the Los Angeles County District Attorney's Office, as well as Cohen, for comment.
If you've been affected by any of the issues in this article, you can contact The National Sexual Assault Hotline on 800.656.HOPE (4673), available 24/7. Or you can chat online via online.rainn.org