A choose declared a mistrial Wednesday after jurors stated they had been hopelessly deadlocked on the trial of That 70s Show 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 instructed Judge 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 choose first learn aloud a notice from the jurors wherein they wrote, ‘We will not be even near coming to a unanimous determination on any of the three counts and are satisfied this won’t change.’
Judge 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 may present that will change that position.
She requested him what number of ballots the jurors took and he instructed her they took 4 Wednesday and three Tuesday.
A choose declared a mistrial Wednesday after jurors stated they had been hopelessly deadlocked on the trial of ‘That ´70s Show’ 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 instructed Judge 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 Show from 1998 to 2006
All three rapes allegedly occurred at Masterson’s Hollywood Hills home
And the choose additionally requested the foreman how jurors voted. He instructed her that on rely one, the forcible rape of Jane Doe 1, the vote was two for responsible and 10 for acquittal.
On rely two, the forcible rape of Jane Doe 2, the vote was 4 for responsible and eight for acquittal.
On rely 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,’ Judge Olmedo added, ‘I’m declaring a mistrial.’
The choose scheduled March 6, 2023, for one more 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 in regards to the hung jury, he stated ‘I am unable to remark.’
His lawyer, Cohen, instructed DailyMail.com, ‘I’m so grateful and actually impressed with the time and a focus that the jury gave to this case.’
After the mistrial declaration, prosecutor, Deputy District Attorney Reinhold Mueller, instructed 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.
But he added, ‘At this level we’re continuing within the path of bringing this case to trial once more.’
But 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 of the jury’s determination.’
Given the proof and testimony throughout the trial, he stated, ‘I feel it could be very tough to seek out 12 folks to convict.’
Asked if he thought it could be tough to seek out 12 folks to acquit, he quipped with a smile, ‘I at all times 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 struggle forward.’
If the DA does determine to retry, Cohen stated he could be blissful to characterize Masterson once more – ‘If he asks me.’
He added, ‘I feel we will probably be nicely ready to do that 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 instructed DailyMail.com: ‘I’m 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, instructed 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 struggle forward.’
After Wednesday’s mistrial declaration, Jane Doe 2, Jane Doe 3, Jane Doe 3’s husband, issued a joint assertion saying, ‘We would first wish to thank the jury for its public service. We are clearly dissatisfied that, at the least in the intervening time, Daniel Masterson has evaded felony accountability for his deplorable acts.
‘However, we’re collectively resolved to proceed our struggle for justice, together with in civil courtroom, the place we’ve got 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 struggle is way from over, and it’s crucial that we reckon with Scientology’s alleged position in overlaying up stories of abuse and threatening victims.’
Alison L. Anderson, consultant for Jane Does 2 and three, added, ‘ Our purchasers confirmed great braveness in testifying about such personal and horrendous acts in a really public discussion board and regardless of persistent harassment and intimidation.
‘They stay hopeful that Mr. Masterson will expertise some felony 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 endure.’
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,’ Judge Charlaine Olmedo declared after inquiring whether or not there was something the courtroom may 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 a consensus on any of the three counts.
Masterson – who starred within the TV sitcom That ’70s Show – 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 via 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 heart throughout 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 advertisements made by rival candidates Karen Bass and Rick Caruso may prejudice the jury towards his shopper, who’s a distinguished member of the church.
All three girls who accused Masterson of rape testified that the rationale 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 may very well be declared a ‘suppressive particular person’, cast out by the church and left alone, minimize off from household and associates.
Jane Doe #1 burst into tears as she haltingly recounted the night time in September 2002 when she woke to seek 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 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 courtroom that in April 2003 she was at Masterson’s home the place he gave her a fruity crimson 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. But 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, ‘Don’t 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.
About a year into their relationship he grew to become very controlling…and really aggressive sexually – she would typically get up at night time and he could be on high of her, having intercourse along with her, she instructed the courtroom.
Masterson’s spouse Bijou Phillip’s has been by her husband’s aspect on daily basis 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 pressured to start out over
During the highly-publicized trial, Scientology was entrance and heart virtually on daily basis. Masterson’s lawyer, Philip Cohen, stated the church was talked about greater than 700 occasions
In one 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 courtroom heard.
When that did not work, she pulled his hair. But 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 lavatory bathe with him the place he ‘all of a sudden 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 girls’s 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 may 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 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 will not be one of many three the Scientologist TV star is charged with. ‘I may probably not transfer or say something.’
After passing out, she instructed Masterson’s rape trial, and he or she awakened bare to seek out him smiling at her.
Under questioning from Deputy District Attorney 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 Show from 1998 to 2006
Danny Masterson depart the Los Angeles Courthouse on November 29, 2022
‘He was simply smiling at me in a means 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 performing roles in a low-budget film being filmed in LA in 1996.
Sometimes between scenes, she would catch him observing her intently.
‘There was a harshness, coldness that left me feeling intimidated when he checked out me that means,’ she stated.
At the wrap get together at La Poubelle restaurant to mark the tip of the film, she had a few drinks with Masterson and different cast and crew members, she recalled.
‘He was observing 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 instructed the get together visitors ought to crash at his home, she and one of many different actors within the film went to sleep in a spare room, he on the mattress and he or she on the ground, she instructed 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 a sudden awoke to seek 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) making the most of me. I kicked him away and was pushing him off…and instructed him I needed to fall asleep.
‘But he was adamant about me leaving the room. He was demanding and insisting that I am going. He stated, ”You’re 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 ‘after I grew to become aware once more, he (Masterson) was having intercourse with me. I awakened 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 will not be a Scientologist – admitted that she instructed cops she hadn’t thought ‘one single bit’ about both alleged rape until they interviewed her in 2019.
‘But it was extra that I had not processed it,’ she added. ‘There had been a number of occasions it got here to thoughts.’
She admitted telling police and the DA that she was ‘actually drunk’ throughout the first incident.
And when Cohen requested her if she instructed the DA that ‘intercourse type of occurs when individuals are ingesting,’ she stated, ‘That’s 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 residence earlier than the second alleged rape, she answered, ‘I haven’t got a shake meter…..however I felt unnerved. I bear in mind feeling confused and uncomfortable.’