Overview
- Masterson’s 183-page habeas petition was filed with California’s 2nd District Court of Appeal and seeks to vacate his two 2023 rape convictions and 30-years-to-life sentence.
- The petition argues trial lawyer Philip Cohen provided ineffective assistance by calling no defense witnesses, interviewing only two of more than 20 suggested, and declining to present exculpatory evidence.
- According to the filing, the defense failed to counter prosecution testimony on Scientology, including not calling listed rebuttal witness Hugh Whitt after prosecutors argued church doctrine deterred reporting.
- The motion alleges prosecutorial misconduct, judicial bias, and a biased LAPD investigation influenced by Scientology critic Leah Remini, and it attaches 65 exhibits said to support claims of innocence.
- Masterson remains incarcerated at the California Men’s Colony with a separate direct appeal pending, and his new petition asks for a remand for an evidentiary hearing before a different judge.