Danny Masterson, the former ‘That ’70s Show’ actor serving a 30-year prison sentence for rape, has filed a legal petition alleging that his trial lawyer’s incompetent defense led to his convictions, and he is seeking a new trial. This move comes just weeks after his initial appeal was filed, highlighting ongoing legal battles in a case that has drawn significant public attention.
Masterson was convicted in 2023 on two counts of raping women at his Hollywood Hills home in 2003, while the jury deadlocked on a third charge. The retrial followed a previous hung jury in 2022, where jurors were leaning toward acquittal. He is currently incarcerated at the California Men’s Colony in San Luis Obispo, facing a sentence of 30 years to life, which has kept him in the spotlight due to his celebrity status and the severity of the crimes.
In a petition for writ of habeas corpus filed on Monday, November 17, 2025, Masterson’s appellate lawyers argued that his trial attorney, Philip Cohen, failed to present a meaningful defense. The filing claims Cohen did not call any witnesses, refused to interview potential defense witnesses, and ignored exculpatory evidence that could have undermined the accusers’ credibility. Masterson had implored Cohen to mount a defense, but the lawyer allegedly proceeded with a strategy focused solely on cross-examining prosecution witnesses.
Specific allegations in the petition include Cohen’s failure to interview friends of the victims who described consensual encounters with Masterson. For instance, one victim reportedly told friends she enjoyed her time with him, while another was said to have engaged in a weekslong consensual fling. Despite investigators providing this information, Cohen did not use it in court, and the petition asserts he spoke to only two people from a comprehensive witness list, leaving critical evidence unheard by the jury.
The role of Scientology was a central theme in the trials, with prosecutors arguing that the church discouraged victims from reporting Masterson, a high-ranking member. Witnesses testified about threats of excommunication, and the prosecution called an ex-Scientologist to explain church policies. Masterson’s petition claims Cohen failed to counter these arguments effectively, such as by not calling a Scientology expert to rebut claims, and instead downplayed the religion’s relevance, which may have biased the jury.
Masterson’s new appellate attorney, Eric Multhaup, stated that the jury ‘heard only half the story—the prosecution’s side,’ and emphasized that Masterson deserves a new trial where his side can be fully presented. The habeas petition also cites judicial bias and prosecutorial misconduct, pointing to rulings and comments that allegedly favored the prosecution. This filing complements an appeal submitted last December, which challenged trial judge decisions, but the habeas route allows addressing evidence not introduced at trial.
The outcome of this petition could lead to a new trial if the court finds merit in the claims of ineffective assistance of counsel. Legal experts note that such arguments are challenging to prove, but if successful, they might overturn the convictions. The case continues to resonate in entertainment and legal circles, reflecting broader issues of celebrity justice and the complexities of high-profile criminal defenses.
As the legal process unfolds, Masterson’s efforts to clear his name highlight the enduring impact of the #MeToo movement and the scrutiny on how institutions like Scientology handle abuse allegations. The next steps involve court reviews of the petition, with potential hearings that could reignite public debate over the fairness of his trial and the responsibilities of defense attorneys in ensuring a robust legal defense.
