Danny Masterson’s attorneys are seeking to overturn his conviction of raping two women in the early 2000s — alleging in a new filing that the “That ’70s Show” star did not receive a fair trial.

In a 242-page appellant’s opening brief, the lawyers allege that key witness testimonies changed over time, that the court excluded significant exculpatory evidence and that judicial rulings skewed the jury’s view of the evidence against Masterson.

“It is true, of course, that a defendant is not entitled to a perfect trial. He is, however, still entitled to a fair one,” attorneys Cliff Gardner and Lazuli Whitt wrote in the brief. “Danny Masterson received neither. Reversal is required.”

Masterson was sentenced to 30 years to life in prison in September 2023.

The attorneys, who first filed a notice of appeal in November 2023, also argued that “jurors had significant reservations.”

A 2022 trial ended in a mistrial after jurors failed to reach a verdict on any count. A poll of the deadlocked panel revealed at least seven of them were considering an acquittal on each count. On one particular count, the panel leaned 10 to 2 in favor of acquitting Masterson.

In a second trial the following year, Masterson was found guilty of raping two women, both former members of the Church of Scientology. The jury deadlocked on a third woman’s accusations.

In the recently filed brief, his attorneys argued there was “no physical evidence supporting the state’s theory [of rape]” in the case, which was therefore “a pure credibility contest” — the women’s words against Masterson’s.

Masterson was originally charged in 2020. He has denied all wrongdoing and argued that he knew the women socially and all their sexual encounters were consensual. He painted the accusations as an attack on the Church of Scientology.

The women, on the other hand, said they waited years to come forward because Scientology doctrine forbade them from reporting a fellow member to the police. Two of the women reported facing retaliation from the church after speaking out against Masterson.

During the trial, the women said that Masterson served them drinks that made them disoriented and nauseated before he violently assaulted them at his Hollywood Hills home. They were identified in court only by a single initial and either their first or last name.

N. Trout said Masterson groped her and penetrated her with his fingers before raping her so violently that she vomited. Jen B. said Masterson raped her while wielding a gun and suffocating her with a pillow.

Chrissie B., a former girlfriend of Matterson, said he raped her during the night after she had told him no. Jurors ultimately deadlocked on the charges linked to her allegations.

___

© 2024 Los Angeles Times

Distributed by Tribune Content Agency, LLC.