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In a bid to overturn his 2023 rape conviction, actor Danny Masterson is pointing fingers at his former attorney, asserting that inadequate legal representation played a crucial role in his downfall. Fresh documents filed on Monday highlight these claims.
According to Masterson’s current legal team, his previous lawyer, Philip Cohen, failed to call essential witnesses and did not effectively challenge assertions made by the prosecution regarding Masterson’s affiliation with the Church of Scientology, as noted by TMZ.
The recent court submissions indicate that Cohen interviewed just two witnesses out of “more than 20 potential individuals” who had previously given statements to law enforcement and investigators that could have supported Masterson’s defense. Masterson is serving a 30-year-to-life sentence in California after being convicted on two rape counts; however, the jury did not reach a guilty verdict on a third charge, as reported by CrimeOnline.
Furthermore, Masterson argues that Cohen neglected to counter the prosecution’s narrative that his religious community often discourages women from reporting prominent figures to the authorities and that those who do report such incidents have faced intimidation.
“The unfairness of the second Masterson trial stemmed from prosecutorial misconduct, judicial prejudice, and the defense counsel’s failure to present crucial exculpatory evidence,” stated Masterson’s new lawyer, Eric Multhaup, in a statement shared with NBC News. “The jury only heard the prosecution’s narrative. Danny is entitled to a retrial where his side of the story is also presented.”
According to the petition, after the jury deadlocked in Masterson’s first trial, the actor asked Cohen to interview more witness, but he declined.
Masterson “implored Cohen to present a defense case, Cohen did not interview any potential defense witnesses prior to the retrial; did not have any witnesses under subpoena; and did not present any defense,” the petition says.