Attorneys for “That ’70s Show” actor Danny Masterson have filed a habeas corpus petition in an attempt to overturn his two rape convictions. The petition was submitted on Monday, with Masterson’s legal team claiming they have uncovered new evidence that could potentially clear his name.

In a statement, Masterson’s attorneys argued that his trial was “fundamentally unfair,” citing a failure by his previous attorney to present crucial evidence supporting his innocence.

Masterson was found guilty on two out of three rape charges and was sentenced in 2023 to a 30-year-to-life term in state prison.

The jury was unable to reach a unanimous decision regarding a third rape charge. The convictions stem from incidents that took place in 2003 at Masterson’s home in the Hollywood area, during the height of his career on the popular sitcom “That ’70s Show,” where he starred alongside Ashton Kutcher, Mila Kunis, and Topher Grace from 1998 to 2006.

A jury failed to reach a verdict on a third rape charge; the two incidents he was convicted for occurred at his Hollywood-area home in 2003, at the height of the success of “That ’70’s Show,” the teen sitcom in which he starred with Ashton Kutcher, Mila Kunis and Topher Grace from 1998 to 2006. 

Among the “mountain of exculpatory evidence” that Masterson’s previous lawyers had allegedly left out were crucial witness statements; according to the filing, the actor’s first attorneys identified over 20 witnesses whose statements “contradicted key prosecution theories that undermined the accusations.” 

“That evidence was provided to replacement counsel, but he never presented any of it,” the filing states.

Instead, Masterson’s team allegedly only spoke personally with two witnesses and ignored testimony described as “manifestly exculpatory” while declining to call any defense witnesses at either trial. 

“Masterson’s trial counsel handled the second trial exactly as the first trial, despite the prosecution dramatically expanding its evidence,” says the legal team for the “That 70’s Show” actor, who is also known for roles in “Men at Work” and “The Ranch.” 

Lawyers also allege that Masterson’s attorney “failed to meet the minimum standard for defending a person charged with serious crimes,” adding that there were individuals, who according to the petition, would have testified that one of the complaining witnesses initially told a friend that her encounter with Masterson was “the best sex [she] ever had.” 

“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 states. “Other guests in Masterson’s home on one evening in question heard what they believed to be enthusiastic, consensual sexual activity.”

A total of eight separate ineffective assistance of counsel claims have been filed, claiming that their cumulative effect rendered the trial “fundamentally unfair.” 

Masterson’s new legal team cited the fact that the jury in the actor’s first trial failed to reach a verdict, and alleged that the second trial’s prosecution team was “far more aggressive,” while Masterson’s remained “equally weak.”

The habeas corpus motion further alleges that Masterson’s retrial was “fundamentally changed” when prosecutors obtained permission to introduce testimony about the Church of Scientology, with which Masterson and the two victims are associated. According to the petition, the prosecution used Scientology’s doctrine and institutional practices as “evidence to negatively portray the church as an intimidation force.” 

“This narrative became a centerpiece of closing arguments,” the petition states, further alleging Masterson’s previously described “weak” defense did not present available evidence to counter the Church of Scientology testimony.  

“The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the failure of defense counsel to present exculpatory evidence,” said attorney Eric Multhaup. “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.” 

Masterson, 49, is serving his 30-year-to-life sentence at North Kern State Prison.