Danny Masterson alleges ‘fundamental flaws’ in his rape trial during appeal
As actor Danny Masterson appeals his 2023 rape convictions that resulted in a 30-years-to-life prison sentence, he is claiming that the court permitted “fundamental flaws” in his case to exist.
Masterson’s legal team is focused on achieving “Danny’s complete exoneration.” On Wednesday, his attorney Cliff Gardner announced he had filed an appellant’s opening brief, which details the reasons for reviewing Masterson’s criminal conviction in a California appeals court. Before the lengthy 246-page document can be officially submitted, a judge must first approve this “oversize brief.”
Gardner stated, “The Appellant’s Opening Brief submitted on December 18, 2024, highlights two significant flaws in Danny Masterson’s convictions: (1) the trial was filled with incorrect judicial rulings that distorted the jury’s perception of the evidence against him, and (2) an alarming quantity of exculpatory evidence was never shown to the jury.”
He further elaborated, “This appeal is just one aspect of Danny’s fight against his convictions. Danny’s habeas corpus attorney will follow up with a Petition for Writ of Habeas Corpus that will address additional errors in the trial process. Stay tuned as we aim for Danny’s full exoneration.”
Fox News Digital was the first to report on the new filing.
The California appeals court website states that the appellant’s opening brief “explains why the trial court made a legal error and how that error affected the final decision, what could be corrected or overturned in the judgment, and why the judgment should be reversed.”
It also indicates that “Written briefs are the most crucial part of the appeal. Since there is no new trial in an appeal, the Court of Appeal decides based on the written briefs, the record on appeal, and legal research.”
Masterson filed a notice of appeal in November 2023. The actor, convicted in May 2023 for raping two women in 2003, continues to assert that the sexual encounters were consensual.
In January, the judge presiding over his case reportedly denied Masterson bail while he appeals, labeling him a flight risk.
Masterson’s legal team faces accusations of inappropriate juror contact
Recently, Masterson’s lawyers were allegedly accused by Los Angeles County Deputy District Attorney Reinhold Mueller of making unwelcome contact with jurors in his case. Mueller requested a hearing to review any “harassing or otherwise inappropriate actions by defense team members.”
On September 17, the trial judge, Charlaine Olmedo, informed both legal teams that several jurors reported being subjected to “unwanted contact at their homes or workplaces by members of the defense team,” according to reports from Rolling Stone and the Los Angeles Times.
This correspondence indicated that one juror had emailed the judge to complain about being contacted while doing yard work in mid-September and expressed confusion over how their identity had been discovered since their names were supposed to be kept confidential.
On November 14, Shawn Holley, a former defense attorney for Masterson, acknowledged in a court declaration that she indeed had contacted and met with a jury member in July 2023. However, she denied any wrongdoing, characterizing her meeting with the jury foreperson as “friendly, cordial, and straightforward,” as reported by various outlets.
She mentioned having spoken with two additional jurors but confirmed in an email to the Los Angeles Times that she had advised all three of them that “they were not obligated to converse with me or to engage with me.”