Prosecutors made the decision on Tuesday not to retry Danny Masterson, known for his role in “That ’70s Show,” on a rape charge that resulted in a hung jury during his recent trial. The count was formally dismissed by a judge. Instead, Masterson is set to be sentenced on September 7 for two other rape charges, both of which he was convicted of assaulting two women in his Hollywood Hills home nearly two decades ago. If found guilty, he could face a potential sentence of 30 years to life imprisonment, as confirmed by the Los Angeles County District Attorney’s Office.
Masterson was convicted on May 31 for the two rape charges, after which he was immediately taken into custody. However, the jury was unable to reach a unanimous decision on a third rape charge involving a former girlfriend of the actor. During deliberations, the jurors requested to review portions of the woman’s testimony, a videotaped interview, and transcripts from the interview conducted by two Los Angeles Police Department detectives in January 2017.
This was the second trial regarding the allegations against Masterson. He was initially charged in 2020 with three counts of rape by force or fear involving three different women. The first trial resulted in a mistrial in November 2020, as the jury was unable to reach a unanimous decision on any of the counts. Prosecutors confirmed their intention to retry the actor, and the charges were not dismissed by Judge Charlaine Olmedo.
Another hearing is scheduled for August 4 to discuss victim-impact statements during Masterson’s sentencing. Despite the deadlock on the rape charge, the victims, including Masterson’s former girlfriend, expressed their desire to speak during the hearing. The judge is currently conducting legal research to determine if the alleged victim should be allowed to address the court.
In his closing argument during the retrial, Deputy District Attorney Reinhold Mueller emphasized the need to hold Masterson accountable for his actions, stating that the defendant had drugged and raped each of the victims. On the other hand, defense attorney Philip Kent Cohen questioned the credibility of the women in his closing argument, suggesting potential problems with the government’s case against Masterson. Cohen noted that the alleged victims, like Masterson, were members of the Church of Scientology and claimed that the church had retaliated against them.
The defense lawyer also challenged the prosecution’s lack of forensic evidence to support their contention that the victims’ drinks were drugged by Masterson. Cohen argued that the alleged victims had communicated with each other despite an admonition from an LAPD detective, indicating potential inconsistencies in their accounts over the years.
During the trial, Cohen requested a mistrial, another opportunity to argue before the jury, or a special jury instruction due to the prosecution’s repeated references to the alleged drugging of the women. However, the judge denied these requests.
The Church of Scientology criticized the prosecution’s characterization of the church’s actions, asserting that they have no policy discouraging members from reporting criminal conduct to law enforcement and that all allegations suggesting otherwise are false.
In addition to the criminal case, a civil suit was filed against Masterson and the Church of Scientology in August 2019 by the three women involved in the criminal allegations, as well as an additional woman who was not a member of the church. The lawsuit claims they were stalked and harassed after reporting the sexual assault allegations to the Los Angeles police. The Church of Scientology denied these allegations, calling them “obvious, cynical, and self-serving fictions.”
In December 2017, Masterson was fired from the Emmy-winning show “The Ranch” by Netflix following the sexual assault allegations made against him. The actor expressed disappointment and maintained his innocence, stating that he looked forward to clearing his name.
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