Danny Masterson Blames Lawyer for Rape Conviction Weeks After Wife Files to Change Their Daughter's Last Name By Christine Pelisek and Danielle Bacher

Danny Masterson is blaming his trial lawyer for his rape conviction.

Masterson, the former star of That ’70s Show, is currently serving a 30-year prison sentence after being found guilty of sexually assaulting two women in the early 2000s.

Masterson, 49, was charged with forcibly raping three women in 2020 in separate incidents between 2001 and 2003. His first trial ended in a mistrial and he was later convicted of two of those rapes in 2023 during a second trial.

The habeas petition, which seeks to overturn his conviction, was filed on Monday, Nov. 17.

It comes just weeks after his ex-wife Bijou Phillips, 45, asked a court to remove Masterson from their daughter’s name. Phillips filed on Friday, Oct. 24, to change her 11-year-old daughter’s name from Fianna Masterson to Fianna Phillips. The filing is awaiting the approval of a judge, PEOPLE previously reported.

“The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the failure of defense counsel to present exculpatory evidence,” Masterson’s attorney Eric Multhaup said in a statement shared with PEOPLE. “The habeas corpus petition is accompanied by 65 exhibits that document the evidence of innocence that could have been presented, but was not. The jury heard only half the story — the prosecution’s side. Danny deserves a new trial where the jury can hear his side as well.”

According to the petition, a copy of which was obtained by PEOPLE, Masterson’s new attorneys — Multhaup and Clifford Gardner — blamed his trial attorney Philip Cohen for the conviction, citing Cohen’s “longstanding aversion to presenting affirmative defense evidence in the cases he tried.”

The lawyers said Cohen didn’t call key witnesses that could have exonerated him and failed to bring forth potential evidence. Cohen, the petition alleged, talked to just two of 20 possible witnesses recommended by his co-counsel.

There were also individuals who would have testified that one of the victim’s initially shared a positive story about their sexual relationship with Masterson and that it was “the best sex [she] ever had.”

“Among the available witnesses were individuals who would have testified that the complaining witnesses described their encounters with Masterson as positive and consensual in the days and weeks after they occurred … another complaining witness discussed her encounter with a close friend, describing it in a lighthearted and positive manner,” the petition alleged. “Other guests in Masterson’s home on one evening in question heard what they believed to be enthusiastic, consensual sexual activity.”

According to the filing, Masterson “implored [Cohen] to present at least a minimal modicum of defense evidence, but counsel refused.”

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The petition also alleged that Cohen should have pushed back on the prosecution’s focus on the Church of Scientology, saying that because Masterson, a known Scientologist, allegedly met the woman through the Church, the “narrative became a centerpiece of closing arguments.”

PEOPLE has reached out to Cohen for comment but did not immediately hear back.

The Los Angeles County District Attorney’s Office declined to comment about the petition.

If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.