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Danny Masterson Seeks New Trial With Habeas Petition Citing Ineffective Counsel and Scientology Bias

The appeals court has the 183-page filing with 65 exhibits under review.

Overview

  • Masterson filed a habeas corpus petition asking California’s 2nd District Court of Appeal to vacate his 2023 rape convictions or order an evidentiary hearing before a different judge.
  • The filing alleges trial attorney Philip Cohen failed to mount an affirmative defense, interviewed only two of more than 20 proposed witnesses, and called no defense witnesses at retrial.
  • Prosecutors highlighted Scientology policies through ex-member Claire Headley, and the petition says the defense declined to call listed rebuttal witness Hugh Whitt to contest those claims.
  • The petition asserts investigative and prosecutorial bias tied to Scientology issues, including alleged involvement by Leah Remini; Cohen, the LAPD, prosecutors and the church did not provide immediate comment.
  • Masterson remains incarcerated at the California Men’s Colony serving 30 years to life, a separate direct appeal is pending, and the petition lists no hearing date.