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Danny Masterson Files Habeas Petition to Overturn Rape Convictions Citing Trial Lawyer Failures

The 183-page filing asks the California Court of Appeal to order an evidentiary hearing before a different judge.

Overview

  • Masterson’s petition argues his trial attorney, Philip Cohen, provided ineffective assistance by calling no defense witnesses and speaking to only two of more than 20 proposed witnesses.
  • The filing says a trove of unpresented exculpatory material is documented in 65 exhibits and asserts the jury heard only the prosecution’s account.
  • It alleges anti‑Scientology bias in the investigation and trial, referencing the involvement of ex‑Scientologist Leah Remini, while the Church denies discouraging reports to police.
  • Masterson, 49, is serving 30 years to life after a 2023 retrial that convicted him of raping two women, following a 2022 mistrial on the same charges.
  • No hearing has been set on the habeas petition, a separate direct appeal remains pending, and Cohen and prosecutors have not issued substantive public responses.