December 14th, 2024

Judge rejects new trial for Danny Masterson, ‘That ’70s Show’ star faces decades in prison

By Andrew Dalton, The Associated Press on September 7, 2023.

FILE - Danny Masterson appears at the CMT Music Awards in Nashville, Tenn., on June 7, 2017. That ’70s Show” star Masterson could get as much as 30 years to life in prison at his sentencing for the rapes of two women two decades ago. A Los Angeles judge is scheduled to sentence the 47-year-old actor Thursday, Sept. 7, 2023. (Photo by Wade Payne/Invision/AP, File)

LOS ANGELES (AP) – “That ’70s Show” star Danny Masterson could get as much as 30 years to life in prison at his sentencing Thursday for the rapes of two women two decades ago.

Los Angeles Superior Court Judge Charlaine F. Olmedo is set to sentence the 47-year-old actor after rejecting a defense motion for a new trial.

She is hearing victim impact statements before issuing her ruling on what Masterson’s sentence will be. The actor, who has been in custody since May, sat in court wearing a suit.

“When you raped me, you stole from me,” said one woman who Masterson was convicted of raping in 2003. “That’s what rape is, a theft of the spirit.”

“You are pathetic, disturbed and completely violent,” she said. “The world is better off with you in prison.”

The other woman Masterson was found guilty of raping said he “has not shown an ounce of remorse for the pain he caused.” She told the judge, “I knew he belonged behind bars for the safety of all the women he came into contact with. I am so sorry, and I’m so upset. I wish I’d reported him sooner to the police.”

Masterson watched the women without visible reaction as they spoke.

A jury of seven women and five men found Masterson guilty of two counts on May 31 after seven days of deliberations. Both attacks took place in Masterson’s Hollywood-area home in 2003, when he was at the height of his fame on the Fox network sitcom “That ’70s Show.”

The jury could not reach a unanimous verdict on a third count, an allegation that Masterson also raped a longtime girlfriend.

The verdict came in a second trial after a jury failed to reach verdicts on three counts of forcible rape in December and a mistrial was declared.

The defense sought to have sentences for the two convictions run simultaneously, and asked for a sentence of 15 years to life. The prosecution asked for the full 30 years to life sentence Masterson was eligible for.

“It’s his life that will be impacted by what you decide today,” Masterson’s lawyer Shawn Holley told the judge. “And the life of his 9-year-old daughter, who means the world to him, and to whom he means the world.”

“He has lived an exemplary life, he has been an extraordinary father, husband, brother, son, co-worker and community servant,” Holley said.

Prosecutors alleged that Masterson used his prominence in the Church of Scientology – where all three women were also members at the time – to avoid consequences for decades after the attacks.

The women blamed the church for their hesitancy in going to police about Masterson. They testified that when they reported him to Scientology officials, they were told they were not raped, were put through ethics programs themselves, and were warned against going to law enforcement to report a member of such high standing.

“They were raped, they were punished for it, and they were retaliated against,” Deputy District Attorney Reinhold Mueller told jurors at the trial. “Scientology told them there’s no justice for them.”

The church said in a statement after the verdict that the “testimony and descriptions of Scientology beliefs” during the trial were “uniformly false.”

“The Church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone – Scientologists or not – to law enforcement,” the statement said.

Masterson did not testify, and his lawyers called no witnesses. The defense argued that the acts were consensual, and attempted to discredit the women’s stories by highlighting changes and inconsistencies over time, which they said showed signs of coordination between them.

The women whose testimony led to Masterson’s conviction said that in 2003, he gave them drinks and that they then became woozy or passed out before he violently raped them.

Olmedo allowed prosecutors and accusers to say directly in the second trial that Masterson drugged the women, while only allowing the women to describe their condition in the first.

Masterson was not charged with any counts of drugging, and there was no toxicology evidence to back up the assertion. The issue could be a factor in a planned appeal from the defense of Masterson’s conviction.

The Associated Press does not typically name people who say they’ve been sexually abused.

Masterson starred with Ashton Kutcher, Mila Kunis and Topher Grace in “That ’70s Show” from 1998 until 2006.

He had reunited with Kutcher on the 2016 Netflix comedy “The Ranch,” but was written off the show when an LAPD investigation was revealed the following year.

While that investigation began before a wave of women shook Hollywood with stories about Harvey Weinstein in October 2017, the conviction and sentencing of Masterson still represents a major #MeToo era success for Los Angeles prosecutors, along with the conviction of Weinstein himself last year.

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