Warning: This article contains discussion of rape which some readers may find distressing
Weeks after his ex-wife took a major step to distance herself from him, Danny Masterson has made a request from jail.
Masterson, previously known for his role on That ’70s Show, is currently serving a 30-year sentence for the sexual assault of two women during the early 2000s.
Recently, Masterson’s former spouse, Bijou Phillips, requested a legal change to remove ‘Masterson’ from their child’s last name, pending judicial approval.
In a new development, Masterson submitted a habeas petition on Monday (17 November) seeking to have his conviction overturned.
The petition alleges that his former lawyer, Philip Cohen, did not sufficiently prepare for the trial, which resulted in a shortage of witnesses and other critical 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,” stated Masterson’s attorney Eric Multhaup in a statement shared with 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.”
According to the petition, out of 20 possible witnesses, Cohen only consulted with two.
It is claimed that some witnesses would have testified positively about the victims’ interactions with Masterson.
Despite Masterson’s insistence that Cohen present a defense case, the petition states that Cohen did not interview potential defense witnesses, subpoena any, or present any defense during the retrial.
“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.”
Initially, the jury in the trial could not reach a unanimous decision on three counts of rape in December 2022, resulting in a mistrial.
Prosecutors brought Masterson to trial again on all three counts, and a jury consisting of seven women and five men found him guilty of two of those counts.
Both incidents reportedly took place in Masterson’s home in 2003.
The jury could not reach a verdict on the third count, which involved a claim that Masterson raped a longtime girlfriend.
The Los Angeles County District Attorney’s Office and Cohen have been contacted 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