Danny Masterson’s criminal sexual assault trial began Tuesday, as a jury of seven men and five women was seated to hear testimony about three separate accused who claimed to be “in the ’70s Show” star raped her in the early 2000s.
Masterson, a Scientologist whose legal team has successfully fought to reduce references to the church in the lawsuit, was accompanied by his wife, actress Bijou Phillips.
Before the final jury selection was made, lawyers called Charlene F. Spent negotiating with Olmedo about what could be considered grounds for rejecting potential jurors. Some said they were victims of sexual assault, worked with victims of assault, or had strong anti-Scientology feelings; Each was pardoned without objection.
This brought up the Leah Remini documentary “Scientology and the Aftermath,” which some of the potential panelists said they had watched. Masterson’s attorney, Karen Goldstein, argued that anyone who saw the “aftermath” could not give Masterson a fair trial—some witnesses taking the stand would be familiar with him and could trigger biased memories, she argued.
A long list of potential jurors said they had seen the documentary, which covers the widest range of charges against Masterson. The judge suggested that perhaps some people had only seen the finale, or an episode – but were not necessarily potential live witnesses.
“We don’t really know,” Goldstein said. “It’s Pandora’s box from a defense standpoint.”
But Olmedo, citing a recent change in the law, said that if a person proves that they believe they can be fair, no matter their experiences, they cannot be challenged. . He allowed a pair of defense picks to stand – but did not allow any juror strikes simply because he saw the “aftermath”.
It was not immediately clear whether whoever said they had watched episodes of the documentary made it to the final 12 or to the alternate panel.
Masterson was formally charged in 2020, but the charges first surfaced in 2017 when a blogger covered Scientology informed of Detectives from the Los Angeles Police Department were investigating Masterson after he came out with charges of rape and assault by three women.
The women claim that they came into contact with Masterson through the Church of Scientology in the early 2000s, and have each said they were pressured by the Church to remain silent. A representative for the church previously told TheWrap in a statement:
“The Church has no policy that prohibits or discourages members from reporting Scientologists, or anyone’s criminal conduct, to law enforcement. Quite the opposite. Church policy explicitly demands that Scientologists comply with all laws of the country.” Follow.”
In two out of three cases, the women — one of whom was in a long-term relationship with Masterson — said they were forcibly raped while unconscious. One said she passed out at a party at Masterson’s house, then woke up in her room to find that Masterson was raping her; He claimed that he then tried to make her unconscious.
The three women said they came forward after talking to Remini, a former Scientologist and critic of the church. Judge Olmedo said at a previous hearing that she would not allow “a trial on Scientology” and that the church’s limited discussion is only to support possible reasons the accusers did not turn to the police soon enough.
If convicted, Masterson could face a maximum sentence of 45 years in prison in a trial lasting up to one month.
Kelly Hartog contributed to this report.