The judge in the Danny Masterson rape case declared the jury hung Wednesday, after jurors said they could not reach a verdict on any of the charges.
In a note to Judge Charlene Olmedo, the jurors said, “We are not close to reaching a unanimous decision on any issue, and we are convinced that this will not change.”
Masterson, the former star of That ’70s Show, was charged with three counts of forcible rape related to incidents involving three women from 2001 to 2003. The charges carry a potential sentence of up to 45 years in prison.
The foreman of the jury informed the judge that they had taken seven votes over the previous two days, deadlocked on every count. The split was two for the guilty and 10 for the acquittal on charge 1; four for the guilty and eight for the acquittal on the second charge; And five for guilt and seven for innocence in the charge 3.
Olmedo declared a mistrial and set a retrial date for March 27.
Two of the defendants issued a statement through their lawyers expressing their disappointment at the outcome.
“We are obviously disappointed that, at least for the time being, Daniel Masterson has evaded criminal accountability for his unfortunate actions,” said the two women, identified as Jane Doe No. 2 and Jane Doe No. 3. They are joined in the statement by another woman, Her claims were not part of the trial, and Jane Doe #3’s husband. They said they intended to keep fighting.
However, we collectively resolve to continue our fight for justice, including in civil court, where we have alleged that Masterson, along with the Church of Scientology and its leader David Miscavige and others systematically conspired to stalk, harass and intimidate us when we sought to bring to light Masterson’s actions,” they said. “This legal battle is far from over, and it is critical that we reckon with Scientology’s alleged cover-up of reports of abuse and threats to victims.”
The jury began deliberations after closing arguments on November 15. On November 18, jurors informed Olmedo that they were deadlocked on the three counts. Olmedo instructed them to return after the Thanksgiving break and continue trading.
Two jurors were excused Monday after they tested positive for COVID-19, and they have been replaced by alternates. The jury was instructed to begin deliberations anew. The new committee requested the return of one of the defendants’ testimony late on Tuesday. After hearing that testimony on Wednesday, they went back to the jury room.
Masterson was accused of raping an old girlfriend in November 2001; a friend of his aides in April 2003; and a fellow actor in late 2003. A fourth woman also testified that Masterson raped her on two occasions in 1996, although her allegations were never charged and were only used to support the other three accusations.
The prosecution alleged that Masterson felt entitlement due to his acting success and high standing within the Church of Scientology. The three defendants, all former Scientologists, said they were discouraged from thinking of the assaults as “rape,” and two alleged that the church threatened them with excommunication if they went to the police.
The women have also alleged that they have been stalked and harassed by the church since turning them in to the police in 2016. The church has denied these allegations, which are the subject of a separate civil lawsuit.
Masterson did not testify at the month-long trial. His lawyer, Philip Cohen, argued that the women’s accounts were full of “inconsistencies and fabrications”. He also alleged that the defendants used Scientology as an excuse to point out inconsistencies in their statements.
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