Danny Masterson seeks to dismiss all rape allegations ahead of potential retrial – Deadline

During Danny Masterson’s rape trial last year, defense attorneys repeatedly attempted to remove almost all mentions of the Church of Scientology and “the prosecution’s insinuations about drugs” from the court hearings.

With a second criminal case that is scheduled to begin later this year That 70’s show star After the jury hung on November 30, a newly filed motion to dismiss all charges makes it very clear that the defense now does not consider Masterson’s contested beliefs or his beverage choices as issues. As the 16-page document shows, it’s about the Jane Does and the law of averages, so to speak.

“The jury focused on the most relevant evidence — the testimony and prior testimony of Jane Does — and a strong majority reasonably concluded that this critical evidence raised reasonable doubt,” reads today’s filing in LA Superior Court. The contradictory nature of their trial testimony will not credibly change,” adds the paperwork from attorneys Phillip K. Cohen and Karen Goldstein.

“Indeed, to the extent that this ‘amendment’ were to change at a later trial, it would provide even more fodder for inconsistencies, contradictions and impeachments,” argue the defense duo, leaning over to the court to “exercise its discretion to decline prosecution in the best interest.” of justice…there is no reason to believe that a retrial will lead to a different outcome.” With an implicit dig at the LA District Attorney’s officer’s prosecution efforts, Cohen and Goldstein conclude: “After the jury conducted the lengthy deliberations, the jury foreman formed the opinion that it is unlikely that any jury would ever return a unanimous guilty verdict. He’s right.”

As several alternates joined the jury in their pre- and post-Thanksgiving deliberations, the panel was clearly deeply divided on all three counts Masterson was accused of. On Count 1, they revealed it was 10-2 for not guilty; Count 2 saw eight not guilty, four guilty; and Count 3 was seven not guilty, five guilty.

Masterson, who is found guilty on all charges, faces up to 45 years in the Golden State. He was first arrested in 2020. The actor who was quickly fired from Netflix comedy starring Ashton Kutcher the ranch As of late 2017, when allegations broke, he has always denied having non-consensual sex with the alleged victims or anyone else between 2001 and 2003. In court for each day of trial and jury deliberation, Masterson will remain free on $3.3 million bail

Full quote from the jury chief’s post-trial session The underground bunkers Tony Ortega, Thursday’s motion by Masterson and his defense team comes just days before a hearing before Judge Charlaine Olmedo on the next steps in the case. As the first trial stalled, a second trial was scheduled to begin on March 27. Also in the LASC, a civil case for harassment and more against Masterson and Scientology by a number of criminal Jane Does and others is set to resume next month after being stayed in the 2022 rape trial.

Seventeen years later That 70’s show ended on Fox, a That ’90s show The sequel is scheduled to launch on Netflix on January 19. As far as can be seen, Masterson is the only significant cast member from the original series who will not appear in the new sitcom. Even with today’s filing and Judge Olmedo’s response to previous defense requests to dismiss the charges or the case, there’s a good chance the actor will find himself embroiled in courtroom drama of his own again.

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