Danny Masterson claims court allowed 'fundamental flaws' in rape case amid his appeal
As he appeals his 2023 rape convictions that led to a 30-years-to-life prison sentence, "That '70s Show" star Danny Masterson is accusing the court of allowing "fundamental flaws" in his case.
As Masterson's legal team works "toward Danny’s complete exoneration," on Wednesday his lawyer Cliff Gardner said he'd submitted an appellant's opening brief, which explains why a review of Masterson's criminal conviction is warranted, in a California appeals court. A judge must first allow the "oversize brief" before the 246-page document can be filed in the court.
"The Appellant's Opening Brief submitted on December 18, 2024, demonstrates two fundamental flaws in Danny Masterson's convictions: (1) the trial was rife with erroneous judicial rulings that skewed the jury’s view of the evidence against him and (2) there was a stunning amount of exculpatory evidence which was never presented to the jury," Gardner said in a statement.
Gardner added, "But the appeal represents only one part of Danny's challenge to his convictions. Danny's habeas lawyer will be following up on the opening brief with a Petition for Writ of Habeas Corpus documenting additional defects in the trial process. Stay tuned as we work toward Danny’s complete exoneration."
The new filing was first reported by Fox News Digital.
According to the California appeals court website, the appellant's opening brief "argues why the trial court made a legal mistake, how the mistake impacted the decision, what could be corrected or reversed in the judgment, and why the judgment should be reversed."
The website also states, "The written briefs are the most important part of an appeal. Because there is no new trial during an appeal, the Court of Appeal makes a decision based on what they read in the written briefs, the record on appeal, and in legal research."
Masterson originally filed a notice of appeal in November 2023. The actor, who was convicted in May 2023 of raping two women in 2003, maintains that the encounters were consensual.
In January the judge overseeing his criminal case reportedly denied Masterson bail pending his appeal and called him a flight risk.
Danny Masterson's lawyers were accused of unwanted contact with jurors
Last month, Masterson's lawyers were reportedly accused by Los Angeles County Deputy District Attorney Reinhold Mueller of unwanted contact with the jurors in his case. Mueller asked for a hearing to consider barring any "harassing or otherwise improper conduct by members of the defense team."
On Sept. 17, the judge in Masterson's trial, Charlaine Olmedo, sent out a letter to both legal teams advising that multiple jurors had complained of "unwanted contact at their homes or work by members of the defense team," Rolling Stone and the Los Angeles Times report.
The letter revealed that one juror had emailed the judge to report being contacted in mid-September while they were doing yard work and was confused about how they had been found as their names were supposed to be sealed.
On Nov. 14, Shawn Holley, a former defense lawyer for Masterson, submitted a declaration to the court that she had indeed contacted and met with a member of the jury in July of 2023. Holley denied wrongdoing, however, and called her lunch with the jury foreperson "friendly, cordial and forthright," the outlets report.
She spoke with two other jurors but reaffirmed in an email to the Los Angeles Times, that she had informed all three of them “they were under no obligation to speak with me or to meet with me."
Contributing: Anna Kaufman