Danny Masterson Alleges Ineffective Counsel in Appeal to Overturn Rape Conviction
A key argument in Danny Masterson’s appeal to overturn his 2023 rape conviction centers on claims that his former attorney, Philip Cohen, failed to adequately represent him at trial, specifically by not calling potentially crucial witnesses to the stand.
Danny Masterson, best known for his role on “That ’70s Show,” was sentenced to 30 years to life in prison after being found guilty of raping two women. He is currently incarcerated at the California Men’s Colony facility. In December 2024, Masterson formally appealed the conviction, alleging multiple errors during the trial that he contends violated his rights to a fair trial and the right to confront his accusers.
According to new court documents obtained by Page Six, Masterson asserts that Cohen, who took over the case due to scheduling conflicts with the actor’s original lawyer, only questioned two witnesses out of a pool of “more than 20 potential witnesses” who could have supported his defense. The filing further alleges that Cohen did not even attempt to contact these individuals, despite the fact that they had previously provided statements to both police and investigators.
“The jury saw only the tip of the iceberg of available defense evidence in the form of the complaining witnesses’ inconsistent statements while the wealth of directly exculpatory evidence went unused for no viable tactical reason,” the court documents reportedly state.
Beyond the alleged failure to call witnesses, Masterson also claims Cohen did not adequately address allegations concerning the Church of Scientology, which were raised during the trial. Prosecutors reportedly argued that the church has a history of intimidating women who report misconduct by its high-profile members. Masterson alleges that he was advised by attorneys representing the Church of Scientology to call members to counter these claims, but Cohen allegedly disregarded this advice.
Representatives for Cohen were not immediately available for comment when contacted by Page Six.
Masterson was initially arrested in June 2020 on three counts of rape, stemming from incidents alleged to have occurred between 2001 and 2003. He pleaded not guilty in January 2021, but a jury found him guilty of raping two of the three women in May 2023.
The legal proceedings unfolded against a backdrop of personal turmoil for Masterson. Shortly after his sentencing in September 2023, his wife at the time, actress Bijou Phillips, filed for divorce. Phillips had stood by Masterson throughout the trial, but an insider told People magazine that she experienced a “very difficult time” following the conviction. As part of the divorce agreement, Masterson agreed to grant Phillips full custody of their 11-year-old daughter, Fianna Francis. More recently, Phillips filed a petition to remove Masterson’s surname from their daughter’s legal name.
