Mistrial declared in That 70’s Present actor Danny Masterson’s rape case

A decide declared a mistrial Wednesday after jurors stated they had been hopelessly deadlocked on the trial of ‘That ´70s Present’ actor Danny Masterson, who was charged with three rapes.

The 46-year-old Scientologist actor’s solely response was to look down, then at his lead lawyer, Philip Cohen, because the foreman of the Los Angeles jury of six ladies and 6 males instructed Choose Charlaine Olmedo that they remained ‘hopelessly deadlocked’ after deliberating for 3 days earlier than Thanksgiving week and returning Monday to strive as soon as extra to succeed in a call.

Masterson had pleaded not responsible to raping three ladies at his Hollywood Hills house between 2001 and 2003. 

The decide first learn aloud a be aware from the jurors wherein they wrote, ‘We’re not even near coming to a unanimous determination on any of the three counts and are satisfied this is not going to change.’

Choose Olmedo then known as within the jury and the male foreman confirmed to her that they had been deadlocked and there was no extra info the court docket might present that will change that place.

She requested him what number of ballots the jurors took and he instructed her they took 4 Wednesday and three Tuesday.

A judge declared a mistrial Wednesday after jurors said they were hopelessly deadlocked at the trial of 'That ´70s Show' actor Danny Masterson , who was charged with three rapes

A decide declared a mistrial Wednesday after jurors stated they had been hopelessly deadlocked on the trial of ‘That ´70s Present’ actor Danny Masterson , who was charged with three rapes

Masterson leaving the courthouse after the verdict with wife Bijou Phillips

Masterson leaving the courthouse after the decision with spouse Bijou Phillips

The 46 year-old Scientologist actor¿s only reaction was to look down, then at his lead attorney, Philip Cohen, as the foreman of the Los Angeles jury of six women and six men told Judge Charlaine Olmedo that they remained ¿hopelessly deadlocked¿ after deliberating for three days before Thanksgiving week and returning Monday to try once more to reach a decision

The 46 year-old Scientologist actor’s solely response was to look down, then at his lead lawyer, Philip Cohen, because the foreman of the Los Angeles jury of six ladies and 6 males instructed Choose Charlaine Olmedo that they remained ‘hopelessly deadlocked’ after deliberating for 3 days earlier than Thanksgiving week and returning Monday to strive as soon as extra to succeed in a call 

Danny Masterson played wise-cracking Steven Hyde on That '70s Show from 1998 to 2006

Danny Masterson performed wise-cracking Steven Hyde on That ’70s Present from 1998 to 2006

All three rapes allegedly occurred at Masterson's Hollywood Hills house

All three rapes allegedly occurred at Masterson’s Hollywood Hills home

And the decide additionally requested the foreman how jurors voted. He instructed her that on depend one, the forcible rape of Jane Doe 1, the vote was two for responsible and 10 for acquittal.

On depend two, the forcible rape of Jane Doe 2, the vote was 4 for responsible and eight for acquittal.

On depend three, the forcible rape of Jane Doe 3, the vote was 5 for responsible and 7 for acquittal.

Telling the court docket that the jury was ‘hopelessly deadlocked,’ Choose Olmedo added, ‘I’m declaring a mistrial.’

The decide scheduled March 6, 2023 for an additional listening to and March 27 for Masterson to face trial for a second time.

When DailyMail.com requested Masterson – wearing a grey go well with and open-necked blue shirt – how he felt concerning the hung jury, he stated’ I am unable to remark.’

His lawyer, Cohen, instructed DailyMail.com, ‘I am so grateful and actually impressed with the time an consideration that the jury gave to this case.’

After the mistrial declaration, prosecutor, Deputy District Lawyer Reinhold Mueller, instructed DailyMail.com, that it might be as much as the Los Angeles DA to determine whether or not to pursue bringing Masterson to trial for a second time.

However he added, ‘At this level we’re continuing within the course of bringing this case to trial once more.’

However Cohen instructed DailyMail.com that if the DA did go forward and check out Masterson once more, he would ‘file a movement to dismiss,’

‘Ten for not responsible, eight for not responsible and 7 for not responsible speaks volumes,’ he stated, including that the DA ought to rethink retrying the case, ‘in gentle off the jury’s determination.’

Given the proof and testimony through the trial, he stated, ‘I feel it might be very tough to search out 12 individuals to convict.’

Requested if he thought it might be tough to search out 12 individuals to acquit, he quipped with a smile, ‘I all the time assume I can discover 12 individuals to acquit.’

Cohen stated that Masterson’s response to the mistrial was ‘reduction – however there’s doubtlessly nonetheless a struggle forward.’

If the DA does determine to retry, Cohen stated he can be blissful to signify Masterson once more – ‘If he asks me.’

He added, ‘I feel we can be nicely ready to do this case once more if the federal government sees match.’

The 46 year-old Scientologist actor¿s only reaction was to look down, then at his lead attorney, Philip Cohen (pictured left). Cohen told DailyMail.com: ¿I¿m so thankful and truly impressed with the time an attention that the jury gave to this case.'

The 46 year-old Scientologist actor’s solely response was to look down, then at his lead lawyer, Philip Cohen (pictured left). Cohen instructed DailyMail.com: ‘I am so grateful and actually impressed with the time an consideration that the jury gave to this case.’

After the mistrial declaration, prosecutor, Deputy District Attorney Reinhold Mueller, told DailyMail.com, that it would be up to the Los Angeles DA to decide whether to pursue bringing Masterson to trial for a second time

After the mistrial declaration, prosecutor, Deputy District Lawyer Reinhold Mueller, instructed DailyMail.com, that it might be as much as the Los Angeles DA to determine whether or not to pursue bringing Masterson to trial for a second time

Cohen said that Masterson¿s reaction to the mistrial was ¿relief - but there¿s potentially still a fight ahead.¿

Cohen stated that Masterson’s response to the mistrial was ‘reduction – however there’s doubtlessly nonetheless a struggle forward.’

After Wednesday’s mistrial declaration, Jane Doe 2, Jane Doe 3, Jane Doe 3’s husband, issued a joint assertion saying, ‘We’d first prefer to thank the jury for its public service. We’re clearly disenchanted that, at the very least in the intervening time, Daniel Masterson has evaded felony accountability for his deplorable acts.

‘Nonetheless, we’re collectively resolved to proceed our struggle for justice, together with in civil court docket, the place we have now alleged that Mr. Masterson, together with the Church of Scientology, its chief David Miscavige, and others conspired to systematically stalk, harass, and intimidate us after we sought to make clear Mr. Masterson’s actions.

‘This authorized struggle is way from over, and it’s essential that we reckon with Scientology’s alleged function in masking up reviews of abuse and threatening victims.’

Alison L. Anderson, consultant for Jane Does 2 and three, added, ‘ Our purchasers confirmed large braveness in testifying about such private and horrendous acts in a really public discussion board and regardless of persistent harassment and intimidation.

‘They continue to be hopeful that Mr. Masterson will expertise some felony penalties for his vile conduct and are desperate to now pursue their claims in civil court docket and search redress for the nightmare they’ve been made to endure.’

Masterson, 46, was charged with the rape of three ladies, together with a former girlfriend, in his Hollywood Hills house between 2001 and 2003. He pleaded not responsible and his lawyer stated the acts had been all consensual. All three ladies 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 court docket might do to maneuver them nearer to reaching a unanimous determination. She set a March date for a retrial.

Jurors stated they’d voted seven occasions Tuesday and Wednesday with out having the ability to attain consensus on any of the three counts.

Masterson – who starred within the TV sitcom That ’70s Present – had pleaded not responsible to raping the three ladies at his Hollywood Hills house between 2001 and 2003.

His accusers – whom DailyMail.com is figuring out solely as Jane Does 1 via 3 – are all ex-Scientologists and are additionally suing him and the Church of Scientology in civil court docket, claiming that they have been harassed and intimidated since reporting him to police.

Scientology was entrance and middle through the highly-publicized trial. Masterson’s lawyer, Philip Cohen, stated the church was talked about greater than 700 occasions.

Cohen even tried – unsuccessfully – to get the trial delayed until after the latest LA Mayoral election as a result of anti-Scientology TV adverts made by rival candidates Karen Bass and Rick Caruso might prejudice the jury in opposition to his shopper, who’s a outstanding member of the church.

All three ladies who accused Masterson of rape testified that the explanation they took so lengthy to report him to the police was their concern of retribution from the Church of Scientology.

They stated that church officers warned them to not use the phrase rape, that delivering a fellow Scientologist to regulation enforcement was thought-about a ‘excessive crime’, and in the event that they disobeyed that doctrine, they may very well be declared a ‘suppressive particular person’, solid out by the church and left alone, minimize off from household and buddies.

Jane Doe #1 burst into tears as she haltingly recounted the night in September 2002 when she woke to find Masterson allegedly penetrating her anally

Jane Doe #1 burst into tears as she haltingly recounted the evening in September 2002 when she woke to search out Masterson allegedly penetrating her anally

Jane Doe #2, testified that Masterson invited her to his house sometime in late 2003. She said that he gave her a glass of wine to drink and then ordered her, "like a drill sergeant," to remove her clothes and get in his jacuzzi

Jane Doe #2, testified that Masterson invited her to his home someday in late 2003. She stated that he gave her a glass of wine to drink after which ordered her, ‘like a drill sergeant,’ to take away her garments and get in his jacuzzi

Jane Doe #3 told jurors that Masterson violently raped her after ignoring her repeated pleas and left her feeling like a "rag doll"

Jane Doe #3 instructed jurors that Masterson violently raped her after ignoring her repeated pleas and left her feeling like a ‘rag doll’

Jane Doe 1 had instructed the court docket that in April 2003 she was at Masterson’s home the place he gave her a fruity purple drink with vodka that made her really feel woozy, then threw her in his Jacuzzi, carried her upstairs the place she handed out and woke as much as discover him raping her

She fought again, pushed a pillow into his face, she instructed the jury. However he pushed it again into her face, smothering her and she or he blacked out once more.

When she woke, Masterson opened a bedside draw and pulled out a gun which he brandished, telling her, ‘Do not f——ing transfer.’

Jane Doe 3 – who lived with Masterson for six years – was solely 17 when she met him and he persuaded her to turn into a Scientologist, the court docket heard.

A few 12 months into their relationship he grew to become very controlling…and really aggressive sexually – she would typically get up at evening and he can be on high of her, having intercourse along with her, she instructed the court docket

Masterson's wife Bijou Phillip's has been by her husband's side every day of the month-long trial

Masterson’s spouse Bijou Phillip’s has been by her husband’s aspect each day of the month-long trial 

Masterson and Bijou Phillips, shared a kiss as they waited for a verdict in his rape trial after the deadlocked jury was forced to start over

Masterson and Bijou Phillips, shared a kiss as they waited for a verdict in his rape trial after the deadlocked jury was pressured to start out over

During the highly-publicized trial, Scientology was front and center almost every day. Masterson's lawyer, Philip Cohen, said the church was mentioned more than 700 times

In the course of the highly-publicized trial, Scientology was entrance and middle nearly each day. Masterson’s lawyer, Philip Cohen, stated the church was talked about greater than 700 occasions 

In a single such incident in November 2001, when she woke as much as discover him having intercourse along with her, she instructed him no and tried to push him off, the court docket heard.

When that did not work, she pulled his hair. However he retaliated by hitting her throughout the face and calling her ‘white trash,’ stated prosecutors.

Jane Doe 2 met Masterson at a bar in 2003 and gave him her cellphone quantity. He known as her and invited her to his house. She went, and, the court docket heard, after a stint in his Jacuzzi she discovered herself in his lavatory bathe with him the place he ‘abruptly shoved his penis into her vagina….She stated no, I instructed you no intercourse.’

They ended up in Masterson’s mattress the place, regardless of her protests, he flipped her over and began pounding her from behind ‘like a jackhammer,’ she testified, including that she felt ‘like a limp rag doll.’

Masterson’s lawyer, Cohen, challenged ‘inconsistencies’ within the womens’ testimony and statements to police, accusing them of ‘blatant fabrications.’

And he asserted that the three had ‘colluded,’ choreographing their rape tales to assist get Masterson convicted – which in flip might assist them win a giant money payout in a civil lawsuit they’ve introduced in opposition to the actor and the Church of Scientology, claiming that they have been harassed and intimidated since reporting him to police.

A fourth alleged sufferer – whom Masterson was not charged with raping – of Masterson cried in November as she instructed a jury Wednesday how she woke as much as discover him on high of her, having intercourse along with her.

‘He was tough…he was pounding,’ stated dark-haired actress Jane Doe #4 whose alleged rape isn’t one of many three the Scientologist TV star is charged with. ‘I might probably not transfer or say something.’

After passing out, she instructed Masterson’s rape trial, she wakened bare to search out him smiling at her.

Under questioning from Deputy District Attorney Reinhold Mueller (pictured), Jane Doe 4 said, 'I understood it to be non-consensual but I had not categorized it as rape'

Underneath questioning from Deputy District Lawyer Reinhold Mueller (pictured), Jane Doe 4 stated, ‘I understood it to be non-consensual however I had not categorized it as rape’ 

Masterson played wise-cracking Steven Hyde on That '70s Show from 1998 to 2006

Masterson performed wise-cracking Steven Hyde on That ’70s Present from 1998 to 2006

Danny Masterson leave the Los Angeles Courthouse on November 29, 2022

Danny Masterson depart the Los Angeles Courthouse on November 29, 2022

‘He was simply smiling at me in a manner that was complicated to me – like we had been on a date or one thing candy.’

His fourth alleged sufferer, Jane Doe 4, instructed jurors Wednesday that she met Masterson when the 2 had appearing roles in a low-budget film being filmed in LA in 1996.

Generally between scenes, she would catch him watching her intently.

‘There was a harshness, coldness that left me feeling intimidated when he checked out me that manner,’ she stated.

On the wrap occasion at La Poubelle restaurant to mark the top of the film, she had a few drinks with Masterson and different solid and crew members, she recalled.

‘He was watching me the entire evening – it was unsettling,’ stated Jane Doe 4 who later went to an after-party at his then house on Laurel Canyon the place she had ‘possibly three drinks’ and smoked some marijuana.

When Masterson urged the occasion visitors ought to crash at his home, she and one of many different actors on the film went to sleep in a spare room, he on the mattress and she or he on the ground, she instructed the court docket.

A mistrial was declared on all three counts in the case against Masterson

A mistrial was declared on all three counts within the case in opposition to Masterson

Bijou Phillips leaving court on November 30, 2022 in Los Angeles, California

Bijou Phillips leaving court docket on November 30, 2022 in Los Angeles, California

Actor Danny Masterson appears at the CMT Music Awards in Nashville on June 7, 2017

Actor Danny Masterson seems on the CMT Music Awards in Nashville on June 7, 2017

‘I felt drained…however I used to be acutely aware and conscious’ earlier than going to sleep, stated Jane Doe 4 who added that she abruptly awoke to search out Masterson ‘making an attempt to drag me up and out of the room.

‘He was saying one thing about (the opposite actor within the room) profiting from me. I kicked him away and was pushing him off…and instructed him I wished to fall asleep.

‘However he was adamant about me leaving the room. He was demanding and insisting that I am going. He stated, ”You are getting out of right here, include me.”’

She instructed jurors that she handed out and when she got here to for a few seconds, Masterson ‘had his arms round my waist, dragging me down a hallway.’

She blacked out once more, and ‘once I grew to become acutely aware once more, he (Masterson) was having intercourse with me. I wakened on my again in a mattress and he was on high of me. He was penetrating me vaginally along with his penis.’

Jane Doe 4 – who isn’t a Scientologist – admitted that she instructed cops she hadn’t thought ‘one single bit’ about both alleged rape until they interviewed her in 2019.

‘However it was extra that I had not processed it,’ she added. ‘There have been a number of occasions it got here to thoughts.’

She admitted telling police and the DA that she was ‘actually drunk’ through the first incident. 

And when Cohen requested her if she instructed the DA that ‘intercourse sort of occurs when individuals are ingesting,’ she stated, ‘That is how I handled what occurred in my thoughts.’ 

At Cohen’s suggestion that she and Masterson learn collectively for a brand new film and drove to auditions collectively, Jane Doe 4 stated, ‘He did drive me to at least one audition.’

When Cohen requested Jane Doe #4 Thursday if ‘your physique was shaking’ when she invited Masterson into her residence earlier than the second alleged rape, she answered, ‘I haven’t got a shake meter…..however I felt unnerved. I keep in mind feeling confused and uncomfortable.’ 

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