Joe Yates
Warning: This article contains discussion of rape which some readers may find distressing.
Just a year into his 30-year prison sentence for the rape of two women, Danny Masterson is appealing his conviction.
The disgraced That '70s Show star has claimed there were 'fundamental flaws' in his case, accusing Los Angeles Superior Court of allowing the faults to be played out before the jury eventually came to a verdict in May 2023.
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It came after the initial jury were unable to reach an agreement on three counts of rape in December 2022, and so a mistrial was declared.
Prosecutors retried Masterson on all three counts, and a jury of seven women and five men found Masterson guilty of two counts on May 31.
Both attacks were said to have taken place in Masterson’s home in 2003.
A verdict could not be reached on the third count - an allegation that Masterson also raped a longtime girlfriend.
The defence sought to have sentences for the two convictions run simultaneously, and asked for a sentence of 15 years to life. The prosecution asked for the full 30 years to life sentence Masterson was eligible for.
“When you raped me, you stole from me,” said one woman who Masterson was convicted of raping. "That’s what rape is, a theft of the spirit."
"You are pathetic, disturbed and completely violent,” she said. “The world is better off with you in prison.”
The other woman told the judge: “I knew he belonged behind bars for the safety of all the women he came into contact with. I am so sorry, and I’m so upset. I wish I’d reported him sooner to the police.”
Now, the former Hollywood actor's lawyer Cliff Gardner plans to work 'toward Danny's complete exoneration' and has submitted an appellant's opening brief, detailing why a review of Masterson's conviction is needed.
His attorney released the following statement: "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."
Adding: "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 actor, who maintains that both encounters with the women were consensual, originally attempted to appeal his conviction back in November 2023.
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