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Danny Masterson blames lawyer, anti-Scientology bias for his rape trial conviction

2:33
Danny Masterson sentenced to 30 years to life in prison
Wade Payne/Invision/AP, FILE
ByLisa Sivertsen and Mason Leib
November 18, 2025, 1:29 AM

Danny Masterson's attorneys have filed a habeas corpus petition, alleging a biased law enforcement investigation and ineffective assistance of counsel during the actor's 2023 trial, which resulted in Masterson being convicted of raping two women.

The petition, filed by Masterson's attorney Eric Multhaup on Monday, asks an appellate court to consider a variety of arguments in hopes of convincing the court to grant Masterson an evidentiary hearing.

In the petition, Masterson alleges, among several items, that his attorney during the trial, Philip Cohen, failed to call witnesses who may have contradicted Masterson's victims during his trial.

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"This petition contains eight separate ineffective assistance claims relating to a broad array of defense evidence that was not adequately investigated and/or presented," reads part of the petition.

Danny Masterson appears at the CMT Music Awards in Nashville, Tenn., June 7, 2017.
Wade Payne/Invision/AP, FILE

The petition continues, "When viewed cumulatively, the prejudice from these multiple instances of deficient performance demonstrates that petitioner’s convictions were a major miscarriage of justice."

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The petition also alleged what they viewed as "The bias in the law enforcement investigation resulting from the prosecution’s excessive entanglement with Leah Remini."

Remini is a former Scientologist who has been an outspoken critic of the Church of Scientology since leaving the church, of which Masterson is a member.

"The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the failure of defense counsel to present exculpatory evidence," Multhaup said in a statement to ABC News.

His statement continued, "The habeas corpus petition is accompanied by 65 exhibits that document the evidence of innocence that could have been presented but was not. The jury heard only half the story – the prosecution’s side. Danny deserves a new trial where the jury can hear his side as well."

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Masterson, a former "That '70s Show" star, was convicted of sexually assaulting two women in early 2000 and is currently serving a 30-year-to-life sentence.

ABC News has reached out to Philip Cohen, who did not offer a comment on the matter. ABC News also reached out to the LAPD and Remini.

The Los Angeles County District Attorney's Office also declined to comment.

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