Danny Masterson Gets New Rape Trial; Proceedings Set For Spring

Dominic Patten
·3 min read
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(Updated with Jane Does statement) A Los Angeles judge ruled Tuesday that Danny Masterson will have to stand trial again on a trio of rape charges.

With the That ‘70s Show alum in the downtown courtroom today, Judge Charlaine Olmedo rejected a defense motion to dismiss the case and formally set March 29 as the start of a second trial with jury selection. After the first trial was declared a mistrial on November 30, the Los Angeles Superior Court judge had penciled in a March 27 date.

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Ending weeks of hesitancy, L.A. County Deputy District Attorneys Reinhold Mueller and Ariel Anson said near the beginning of today’s session that they would indeed prosecute a second trial.

Just under two months after the first trial resulted in a hung jury and mistrial, today’s hearing in the Clara Shortridge Foltz Criminal Justice Center follows a January 5 filing by Masterson attorneys Phillip K. Cohen and Karen Goldstein asking Olmedo to use her judicial discretion to toss out the old case.

Not unexpected, the motion specifically took exception with the testimony of the three Jane Does at the heart of the case.

“The contradictory nature of their trial testimony is not going to credibly change,” the 16-page paperwork stated, drawing extensively from an interview with the jury foreman about behind-closed-doors impressions of the key witnesses. Today, as Olmedo pointed out that new witnesses, new evidence or even Masterson himself taking the stand could change any jury outcome in a second trial, Cohan unsuccessful argued for the motion after the DA’s office made it clear they were ready for a Round 2.

First arrested in 2020 over claims that occurred between 2001 and 2003, Masterson faced up to 45 years in state prison if found guilty on all thee rape counts in the first trial. The actor, who was quickly fired from the Netflix comedy The Ranch at the end of 2017 as assault claims became known, always has said the sex had been consensual. Present each day for the first trial and the jury deliberations that followed, Masterson remains free on $3.3 million bail.

Masterson also faces a civil case from a number of the Jane Does and others over claims of harassment and more by the actor and the Church of Scientology. All of the core Jane Does were Scientologists, as is long-time member Masterson.

In the first trial, all claimed that the church attempted via threats of expulsion and other consequences to limit and redirect to varying degrees both their understanding of the alleged assaults and any attempt to go to the police or other law enforcement. After scuffles in California courts, the U.S. Supreme Court denied the David Miscavige-led organization’s petition for a writ of certiorari last October to move the matter to arbitration. It leaves the civil case in a state of suspended animation pending the results of the criminal case.

After today’s hearing and second trial date setting, Jane Does 2 & 3, the latter’s husband said: “We are pleased that Danny Masterson will not be permitted to simply escape criminal accountability. Despite suffering years of intimidation and harassment, we are completely committed to participating in the next criminal trial to the extent requested by prosecutors and again testifying about Mr. Masterson’s depraved actions.”

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