Overview
- Masterson’s petition to California’s 2nd District Court of Appeal argues his trial attorney, Philip Cohen, provided ineffective assistance by calling no defense witnesses and interviewing only two of more than 20 proposed witnesses.
- The filing says rebuttal testimony was available to counter prosecution claims about Church of Scientology practices, including testimony responding to ex-Scientologist Claire Headley, but the defense chose not to present it.
- Appellate lawyer Eric Multhaup submitted 65 exhibits that he says document exculpatory evidence left out of the retrial, and he alleges judicial bias and an unconstitutional entanglement with religious doctrine.
- The petition also claims anti-Scientology bias tainted the investigation and prosecution, citing the involvement of actress and former Scientologist Leah Remini as an adviser and supporter of the accusers.
- Masterson, convicted in 2023 on two counts and serving 30 years to life at California Men’s Colony, has a separate direct appeal pending; the habeas filing seeks a remand for an evidentiary hearing, and no hearing date is listed.