Judge Refuses To Delay Sept. 7 Sentencing For Actor Danny Masterson
A choose rejected a protection bid Monday to delay subsequent month’s sentencing for “That ’70s Present” actor Danny Masterson, who was convicted of raping two girls at his Hollywood Hills residence roughly twenty years in the past.
Considered one of Masterson’s attorneys, Shawn Holley, informed Superior Courtroom Judge Charlaine F. Olmedo that the protection needed further time to organize a movement for a brand new trial for the actor, who’s dealing with a most sentence of 30 years to life in state jail.
Masterson, 47, was taken into custody after the jury’s verdict Could 31, and was not in court docket for the listening to.
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“I perceive that the victims need to get this over with,” Holley informed the choose, suggesting that the choose hear from them on the scheduled Sept. 7 sentencing date after which push the sentencing again.
Deputy District Legal professional Reinhold Mueller countered that the prosecution objected to any further delays within the sentencing, noting that it had already been postponed as soon as and that the victims have the best to “have a conclusion to this case in an affordable time.”
The choose mentioned she didn’t discover good trigger to postpone the sentencing, however mentioned she would permit the protection till Sept. 5 so Masterson’s attorneys have extra time to organize their movement for a brand new trial.
The jury was the second to listen to the case towards Masterson, who was charged in 2020 with three counts of rape by drive or concern involving the three girls on separate events.
Through the first trial final yr, jurors leaned in favor of acquittal on all three counts — voting 10-2 on one rely, 8-4 on one other and 7-5 on the third — however they had been unable to succeed in a unanimous choice, resulting in a mistrial being declared on Nov. 30.
Jurors in Masterson’s retrial convicted the actor of the 2 rapes and deadlocked on a rape cost involving a 3rd alleged sufferer — a former longtime girlfriend of Masterson.
Prosecutors introduced in July that they’d not retry the cost involving the third alleged sufferer, and that cost was dismissed July 11.
At Monday’s listening to, the choose rejected a protection movement that requested that the dismissal be with prejudice that might have barred prosecutors from with the ability to doubtlessly re-file that cost sooner or later. However Olmedo mentioned the protection can increase the difficulty once more if the cost is re-filed sooner or later.
The choose is anticipated to listen to sufferer influence statements from the 2 girls whom Masterson was convicted of raping, together with the third alleged sufferer within the dismissed rely. Olmedo turned down the prosecution’s request final month to permit three different girls, together with two who had testified about alleged uncharged crimes, to talk at Masterson’s sentencing.
In his closing argument of the retrial, the prosecutor informed the jury, “This defendant drugged and raped every considered one of these victims… It’s time to maintain Mr. Masterson accountable for what he has completed.”
Protection legal professional Philip Kent Cohen urged jurors throughout his closing argument to acquit his shopper, questioning the credibility of the ladies.
In his rebuttal argument, Mueller mentioned the three girls had been — like Masterson — members of the Church of Scientology, and informed jurors that the church retaliated towards them.
“What occurred after they had been drugged — they had been raped by this man over right here,” the prosecutor mentioned, pointing throughout the courtroom at Masterson. “… You might have a chance to point out there may be justice. It does exist.”
However Cohen questioned why the panel had heard “a lot about Scientology,” asking jurors if there may very well be issues with the federal government’s case towards Masterson.
Masterson’s lawyer mentioned he was not alleging that there was some “grand conspiracy” towards his shopper, however informed jurors the alleged victims had spoken with one another regardless of an LAPD detective’s admonition and that their accounts have been tweaked all through the years.
He mentioned there was no forensic proof to help the prosecution’s competition that the alleged victims’ drinks had been drugged by Masterson.
Outdoors the jury’s presence, the choose rejected Cohen’s requests for both a mistrial, one other probability to argue earlier than the jury or a particular jury instruction because of the prosecution’s repeated references to the ladies allegedly being drugged.
The Church of Scientology issued an announcement criticizing the prosecution’s characterizations of the church’s actions.
“The church has no coverage prohibiting or discouraging members from reporting felony conduct of anybody, Scientologists or not, to regulation enforcement,” in keeping with the assertion. “Fairly the alternative, church coverage explicitly calls for Scientologists abide by all legal guidelines of the land. All allegations on the contrary are completely false.”
A civil go well with filed in August 2019 towards Masterson and the Church of Scientology by the three girls concerned within the felony case and one girl who was not a member of the church alleges they had been stalked and harassed after reporting sexual assault allegations towards the actor to Los Angeles police.
Relating to the lawsuit, the Church of Scientology issued an announcement saying, “The church denies the allegations of harassment as apparent, cynical and self-serving fictions, and the church is aware of it is going to be vindicated.”
In December 2017, Netflix introduced that Masterson had been fired from the Emmy-winning scripted comedy “The Ranch” amid sexual assault allegations.
The actor mentioned then he was “very disillusioned,” and added that “it appears as if you’re presumed responsible the second you might be accused.” He additionally “denied the outrageous allegations” and mentioned he regarded ahead to “clearing my title as soon as and for all.”
