By Brian Melley and Andrew Dalton | Related Press
LOS ANGELES — A choose declared a mistrial Wednesday on the rape trial of “That ’70s Present” actor Danny Masterson after jurors, who had been leaning strongly towards acquitting him, had been deadlocked following the monthlong trial through which the Church of Scientology performed a supporting function.
Masterson, 46, was charged in Los Angeles Superior Courtroom with the rape of three girls, together with a former girlfriend, in his Hollywood Hills dwelling between 2001 and 2003. He pleaded not responsible and his lawyer mentioned the acts had been all consensual. All three girls had been members of the church on the time, and Masterson stays one.
“I discover the jurors hopelessly deadlocked,” Choose Charlaine Olmedo declared after inquiring whether or not there was something the courtroom may do to maneuver them nearer to reaching a unanimous choice. She set a March date for a retrial.
Olmedo had ordered jurors to take Thanksgiving week off and preserve deliberating after they mentioned on Nov. 18 that they might not attain a consensus. The jury started deliberations anew Monday after two alternates changed jurors who had COVID-19.
Jurors mentioned that they had voted seven instances Tuesday and Wednesday with out with the ability to attain consensus on any of the three counts.
The jury foreman mentioned solely two jurors voted for conviction on the primary rely, 4 voted for conviction on the second rely and 5 voted to convict on the third rely.
The outcome was a severe setback for prosecutors, and for the three girls who mentioned they had been in search of lengthy overdue justice.
Two of the alleged victims within the case issued an announcement saying they had been upset “Masterson has evaded prison accountability for his deplorable acts. Nonetheless, we're collectively resolved to proceed our combat for justice.”
Two of the ladies and the husband of 1 are suing Masterson, the Church of Scientology, its chief David Miscavige and others for allegedly stalking, harassing and intimidating them after they sought to reveal Masterson.
Masterson left courtroom together with his spouse, actor and mannequin Bijou Phillips, with out chatting with reporters.
The proceedings happened amid a flurry of circumstances on each coasts with #MeToo connotations, together with the Los Angeles trial of Harvey Weinstein simply down the corridor from Masterson’s. In New York, Kevin Spacey received a sexual misconduct lawsuit introduced by actor Anthony Rapp in New York, and a jury ordered director and screenwriter Paul Haggis to pay $10 million in a civil case there.
However on the Masterson trial, as on the Haggis trial, #MeToo implications had been largely eclipsed by the specter of Scientology, regardless of the choose’s insistence that the church not turn into a de facto defendant.
Deputy District Lawyer Reinhold Mueller mentioned the church had tried to silence the ladies and that was the explanation it took 20 years for the case to get to trial.
Masterson lawyer Philip Cohen mentioned the church was talked about 700 instances throughout trial and argued that it turned an excuse for the prosecution’s failure to construct a plausible case in opposition to Masterson, a distinguished Scientologist.
Cohen mentioned he would file a movement to dismiss the case, primarily based on the way in which the jury voted. He mentioned jurors offered further insights after the mistrial ruling that had been useful however wouldn’t focus on what they informed him.
“You all the time surprise as a lawyer if what you’re doing in courtroom day-after-day is making any inroads … with the jury,” Cohen mentioned. “Clearly we made inroads.”
Jurors had been escorted out of the courthouse with out talking with reporters.
Masterson didn't testify. Cohen introduced no protection testimony and as a substitute targeted on inconsistencies within the accounts of the three accusers, who he mentioned modified their tales over time and spoke with one another earlier than going to police.
“The important thing to this case shouldn't be after they reported it,” Cohen mentioned throughout closing arguments. “It’s what they mentioned after they reported it. What they mentioned after they reported it. And what they mentioned at trial.”
Mueller argued that Masterson was a person “for whom ‘no’ by no means meant ‘no,'” as proven by the graphic and emotional testimony of the three accusers.
Two girls mentioned they had been served drinks by Masterson and have become woozy or handed out earlier than being violently raped. One mentioned she thought she would die as Masterson held a pillow over her face.
An ex-girlfriend mentioned she awoke to discovering Masterson having intercourse together with her with out her consent. The protection mentioned her claims had been undermined as a result of she later had intercourse with him after they broke up.
Cohen informed jurors they might acquit Masterson in the event that they thought he “truly and fairly believed” the ladies consented to having intercourse. Mueller countered that no one would consider the acts described had been consensual, reminding jurors that one girl repeatedly informed him “no,” pulled his hair and tried to get out from beneath him.
Mueller informed jurors to not be swayed by protection hypothesis and mentioned contradictions within the victims’ testimony had been indicators of authenticity versus accounts that had been scripted.
The costs date to a interval when Masterson was on the top of his fame, starring from 1998 till 2006 as Steven Hyde on Fox’s “That ’70s Present.” The present made stars of Ashton Kutcher, Mila Kunis and Topher Grace and is getting an upcoming Netflix reboot with “That ’90s Present.”
Masterson had reunited with Kutcher on the Netflix comedy “The Ranch” however was written off the present when an LAPD investigation was revealed in December 2017.