LOS ANGELES, CALIFORNIA: In a significant development regarding the high-profile case against actor Danny Masterson, prosecutors announced on Tuesday, July 11, 2023, that they will not seek a retrial on the third rape charge for which jurors failed to reach a verdict earlier this year. Masterson, known for his role in the hit television series 'That '70s Show', was convicted on two of the three rape charges in May. However, the jury remained deadlocked on the third charge, which involved the rape of a former longtime girlfriend.

Why will Danny Masterson not be tried for third rape?

Following his conviction on the two charges, Masterson was immediately taken into custody and is currently being held in the LA County Men's Central Jail. The LA County District Attorney's Office has indicated that he may face a potential sentence of 30 years to life in prison for the two convictions, with the sentencing scheduled for September 7. While the third charge will not be retried, prosecutors have stated that Masterson's former girlfriend will still testify at his sentencing hearing. This decision suggests that her testimony could influence the severity of Masterson's sentence even though he will not be convicted on the specific charge related to her, as per CBS News.

All three cases against Masterson involved allegations of sexual assault that allegedly occurred between 2001 and 2003 in his Hollywood Hills home. Notably, all three women involved in the cases were members of the Church of Scientology, just like Masterson himself. During the deliberations of the third charge earlier this year, the jurors requested to re-hear portions of the alleged victim's testimony and a videotaped interview. They also examined transcripts from an interview conducted in January 2017 between the same woman and two Los Angeles Police Department detectives.

This retrial was the second attempt to hear the case against Masterson, who was initially charged in 2020 with three counts of rape by force or fear involving the three women on separate occasions. In the first trial, which took place in 2022, the jury leaned toward acquittal on all three counts but ultimately could not reach a unanimous decision, leading to a mistrial declaration.

Call for legal research

Prosecutors confirmed in January their intention to retry the actor, and the defense's attempt to have the charges dismissed was rejected by Los Angeles Superior Court Judge Charlaine Olmedo. Another hearing is scheduled for August 4, during which attorneys will discuss the inclusion of victim-impact statements in the sentencing hearing. Judge Olmedo has expressed a desire to conduct legal research to determine whether the alleged victim in the third charge should be allowed to speak at the sentencing hearing. The outcome of this research could impact the extent to which the victim's testimony can influence the sentencing decision.

During the closing arguments of the retrial, Deputy District Attorney Reinhold Mueller stressed the importance of holding Masterson accountable for his actions, stating, "This defendant drugged and raped each one of these victims... It is time to hold Mr Masterson accountable for what he has done." In contrast, defense attorney Philip Kent Cohen questioned the credibility of the women and suggested problems with the government's case against Masterson.

Mueller rebutted Cohen's arguments by highlighting the women's membership in the Church of Scientology and alleging that the church had retaliated against them. "What happened after they were drugged - they were raped by this man over here," the prosecutor said, pointing at Masterson across the courtroom. "You have an opportunity to show there is justice. It does exist."

Meanwhile, Deputy District Attorney Ariel Anson told the jury, "You don´t want to have sex? You don't have a choice. The defendant makes that choice for these victims. And he does it over and over and over again." Cohen, on the other hand, emphasized the lack of physical evidence of drugging and highlighted the lengthy delay between the alleged rapes and the investigation that led to Masterson's arrest. "Miss Anson presented a case as if she was arguing a drugging case," Cohen stated, adding, "Maybe it's because there is no evidence of force or violence."

Church of Scientology responds

Outside the jury's presence, the judge reportedly also rejected Cohen's requests for a mistrial, another chance to argue before the jury, or a special jury instruction as a result of the prosecution's repeated references to the women allegedly being drugged. The Church of Scientology, which features prominently in this case, issued a statement refuting the prosecution's claims. "The church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone, Scientologists or not, to law enforcement," according to the statement. "Quite the opposite, church policy explicitly demands Scientologists abide by all laws of the land. All allegations to the contrary are totally false."

A separate civil suit was filed in August 2019 against Masterson and the Church of Scientology by the three women involved in the criminal case, along with another woman who was not a member of the church. The suit alleges stalking and harassment after reporting sexual assault allegations against Masterson to the Los Angeles police. The Church of Scientology dismissed these allegations as "obvious, cynical, and self-serving fictions."

In December 2017, Netflix announced the firing of Masterson from the Emmy-winning show 'The Ranch' amid sexual assault allegations. At the time, Masterson expressed disappointment and denied the allegations, stating his intention to "clear his name once and for all." As the legal proceedings continue, the next significant milestones in the case include the August 4 hearing and Masterson's sentencing on September 7.