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 girls and 6 males advised 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 achieve a choice.
Masterson had pleaded not responsible to raping three girls at his Hollywood Hills residence between 2001 and 2003.
The decide first learn aloud a notice from the jurors through which they wrote, ‘We’re not even near coming to a unanimous determination on any of the three counts and are satisfied this won’t change.’
Choose Olmedo then referred to as within the jury and the male foreman confirmed to her that they had been deadlocked and there was no extra data the courtroom might present that may change that place.
She requested him what number of ballots the jurors took and he advised her they took 4 Wednesday and three Tuesday.
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 decision with spouse Bijou Phillips
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 girls and 6 males advised 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 achieve a choice
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 home
And the decide additionally requested the foreman how jurors voted. He advised 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 courtroom 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 swimsuit and open-necked blue shirt – how he felt concerning the hung jury, he stated’ I can not remark.’
His lawyer, Cohen, advised DailyMail.com, ‘I am so grateful and really impressed with the time an consideration that the jury gave to this case.’
After the mistrial declaration, prosecutor, Deputy District Lawyer Reinhold Mueller, advised DailyMail.com, that it could 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 route of bringing this case to trial once more.’
However Cohen advised DailyMail.com that if the DA did go forward and take a look at 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 mild off the jury’s determination.’
Given the proof and testimony in the course of the trial, he stated, ‘I believe it could be very tough to search out 12 folks to convict.’
Requested if he thought it could be tough to search out 12 folks to acquit, he quipped with a smile, ‘I all the time suppose I can discover 12 folks to acquit.’
Cohen stated that Masterson’s response to the mistrial was ‘aid – however there’s probably nonetheless a battle forward.’
If the DA does determine to retry, Cohen stated he could be pleased to symbolize Masterson once more – ‘If he asks me.’
He added, ‘I believe we might be effectively ready to do this case once more if the federal government sees match.’
The 46 year-old Scientologist actor’s solely response was to look down, then at his lead lawyer, Philip Cohen (pictured left). Cohen advised DailyMail.com: ‘I am so grateful and really impressed with the time an consideration that the jury gave to this case.’
After the mistrial declaration, prosecutor, Deputy District Lawyer Reinhold Mueller, advised DailyMail.com, that it could be as much as the Los Angeles DA to determine whether or not to pursue bringing Masterson to trial for a second time
Cohen stated that Masterson’s response to the mistrial was ‘aid – however there’s probably nonetheless a battle forward.’
After Wednesday’s mistrial declaration, Jane Doe 2, Jane Doe 3, Jane Doe 3’s husband, issued a joint assertion saying, ‘We might first wish to thank the jury for its public service. We’re clearly dissatisfied that, at the least in the interim, Daniel Masterson has evaded prison accountability for his deplorable acts.
‘Nonetheless, we’re collectively resolved to proceed our battle for justice, together with in civil courtroom, the place we now have alleged that Mr. Masterson, together with the Church of Scientology, its chief David Miscavige, and others conspired to systematically stalk, harass, and intimidate us once we sought to make clear Mr. Masterson’s actions.
‘This authorized battle is way from over, and it’s vital that we reckon with Scientology’s alleged function in protecting up reviews of abuse and threatening victims.’
Alison L. Anderson, consultant for Jane Does 2 and three, added, ‘ Our purchasers confirmed super 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 prison penalties for his vile conduct and are desirous to now pursue their claims in civil courtroom and search redress for the nightmare they’ve been made to undergo.’
Masterson, 46, was charged with the rape of three girls, together with a former girlfriend, in his Hollywood Hills residence between 2001 and 2003. He pleaded not responsible and his lawyer stated 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 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 instances 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 girls at his Hollywood Hills residence between 2001 and 2003.
His accusers – whom DailyMail.com is figuring out solely as Jane Does 1 by 3 – are all ex-Scientologists and are additionally suing him and the Church of Scientology in civil courtroom, claiming that they have been harassed and intimidated since reporting him to police.
Scientology was entrance and middle in the course of the highly-publicized trial. Masterson’s lawyer, Philip Cohen, stated the church was talked about greater than 700 instances.
Cohen even tried – unsuccessfully – to get the trial delayed until after the current LA Mayoral election as a result of anti-Scientology TV adverts made by rival candidates Karen Bass and Rick Caruso might prejudice the jury towards his shopper, who’s a outstanding member of the church.
All three girls who accused Masterson of rape testified that the explanation they took so lengthy to report him to the police was their worry 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 legislation enforcement was thought-about a ‘excessive crime’, and in the event that they disobeyed that doctrine, they could possibly be declared a ‘suppressive particular person’, forged out by the church and left alone, lower off from household and pals.
Jane Doe #1 burst into tears as she haltingly recounted the night time in September 2002 when she woke to search out Masterson allegedly penetrating her anally
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 advised jurors that Masterson violently raped her after ignoring her repeated pleas and left her feeling like a ‘rag doll’
Jane Doe 1 had advised the courtroom that in April 2003 she was at Masterson’s home the place he gave her a fruity pink 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 advised the jury. However he pushed it again into her face, smothering her and he or she 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 grow to be a Scientologist, the courtroom heard.
A couple of 12 months into their relationship he turned very controlling…and really aggressive sexually – she would usually get up at night time and he could be on prime of her, having intercourse along with her, she advised the courtroom
Masterson’s spouse Bijou Phillip’s has been by her husband’s facet day by 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 compelled to start out over
Throughout the highly-publicized trial, Scientology was entrance and middle nearly day by day. Masterson’s lawyer, Philip Cohen, stated the church was talked about greater than 700 instances
In a single such incident in November 2001, when she woke as much as discover him having intercourse along with her, she advised him no and tried to push him off, the courtroom 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 referred to as her and invited her to his residence. She went, and, the courtroom heard, after a stint in his Jacuzzi she discovered herself in his toilet bathe with him the place he ‘all of the sudden shoved his penis into her vagina….She stated no, I advised 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 towards 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 advised a jury Wednesday how she woke as much as discover him on prime of her, having intercourse along with her.
‘He was tough…he was pounding,’ stated dark-haired actress Jane Doe #4 whose alleged rape is just not one of many three the Scientologist TV star is charged with. ‘I might probably not transfer or say something.’
After passing out, she advised Masterson’s rape trial, she awoke bare to search out him smiling at her.
Below 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 performed wise-cracking Steven Hyde on That ’70s Present from 1998 to 2006
Danny Masterson depart the Los Angeles Courthouse on November 29, 2022
‘He was simply smiling at me in a method that was complicated to me – like we had been on a date or one thing candy.’
His fourth alleged sufferer, Jane Doe 4, advised jurors Wednesday that she met Masterson when the 2 had performing roles in a low-budget film being filmed in LA in 1996.
Typically between scenes, she would catch him gazing her intently.
‘There was a harshness, coldness that left me feeling intimidated when he checked out me that method,’ she stated.
On the wrap social gathering at La Poubelle restaurant to mark the top of the film, she had a few drinks with Masterson and different forged and crew members, she recalled.
‘He was gazing me the entire night time – it was unsettling,’ stated Jane Doe 4 who later went to an after-party at his then residence on Laurel Canyon the place she had ‘perhaps three drinks’ and smoked some marijuana.
When Masterson recommended the social gathering friends 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 he or she on the ground, she advised the courtroom.
A mistrial was declared on all three counts within the case towards Masterson
Bijou Phillips leaving courtroom on November 30, 2022 in Los Angeles, California
Actor Danny Masterson seems on the CMT Music Awards in Nashville on June 7, 2017
‘I felt drained…however I used to be aware and conscious’ earlier than going to sleep, stated Jane Doe 4 who added that she all of the sudden awoke to search out Masterson ‘making an attempt to tug me up and out of the room.
‘He was saying one thing about (the opposite actor within the room) benefiting from me. I kicked him away and was pushing him off…and advised him I wished to fall asleep.
‘However he was adamant about me leaving the room. He was demanding and insisting that I’m going. He stated, ”You are getting out of right here, include me.”’
She advised 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 turned aware once more, he (Masterson) was having intercourse with me. I awoke on my again in a mattress and he was on prime of me. He was penetrating me vaginally along with his penis.’
Jane Doe 4 – who is just not a Scientologist – admitted that she advised 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 instances it got here to thoughts.’
She admitted telling police and the DA that she was ‘actually drunk’ in the course of the first incident.
And when Cohen requested her if she advised the DA that ‘intercourse type of occurs when individuals are consuming,’ 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 1 audition.’
When Cohen requested Jane Doe #4 Thursday if ‘your physique was shaking’ when she invited Masterson into her condominium 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.’