A new legal filing claims that the jury in Danny Masterson’s rape trial only heard “half the story.” The actor, who is serving a 30-year sentence for two counts of sexual assault, has submitted a habeas corpus petition from prison, arguing that his conviction should be overturned due to his original lawyer’s failure to mount a proper defense. This development adds another layer of complexity to a case that has already seen one mistrial and a conviction on retrial, all while Masterson’s personal life undergoes a profound transformation.
The petition centers on the performance of Masterson’s former defense attorney, Philip Cohen. Masterson’s new legal team alleges that Cohen’s preparation for the retrial was severely lacking. They claim that from a list of twenty potential witnesses who could have supported Masterson’s claim of consensual encounters, Cohen only spoke with two. Crucially, the filing states that no defense witnesses were ever called to testify, meaning the jury reached its verdict without hearing any evidence directly from Masterson’s side challenging the accusers’ accounts.
Eric Multhaup, Masterson’s current attorney, framed the previous trial as fundamentally flawed. He cited “prosecutorial misconduct, judicial bias, and the failure of defence counsel to present exculpatory evidence” as the reasons for the “unfairness” of the proceeding. The petition itself is a substantial document, accompanied by 65 exhibits that purportedly contain the evidence of innocence that was never presented. Multhaup argues that Masterson deserves a new trial where this withheld information can finally be presented to a jury.
The alleged unused testimony, as described in the petition, aims to directly contradict the victims’ accounts. It suggests that witnesses were available who would testify that the women involved spoke positively about their interactions with Masterson shortly after they occurred. Furthermore, the document claims that other people present in the home on the night of one alleged assault heard sounds consistent with consensual sex, not an attack. Masterson himself is cited as having “implored” his lawyer to present this defense, to no avail.
This legal effort to secure a new trial unfolds as Masterson faces personal severance. The recent move by his estranged wife, Bijou Phillips, to remove his surname from their daughter represents a definitive step in cutting legal and emotional ties. As the court reviews this new petition, it must weigh serious allegations of a failed defense against the gravity of the crimes for which Masterson was convicted. The outcome will determine whether the case of the People vs. Danny Masterson will be heard for a third time, or if his 30-year sentence will stand.
