Danny Masterson Jury Seated, Opening Arguments Under Way in Los Angeles Rape Trial
The criminal sexual assault trial of Danny Masterson got underway in earnest Tuesday, as a jury of seven men and five women were seated to hear testimony about three different accusers who claimed the “That 70s Show” star raped them in the early 2000s.
Masterson, a Scientologist whose legal team has successfully fought to minimize references to the Church at trial, was on hand with his wife, the actress Bijou Phillips.
Before the final jury selections were made, attorneys spent the morning negotiating with Charlaine F. Olmedo over what could be considered grounds for rejecting potential jurors. Some had said they were victims of sexual assaults, worked with assault victims, or had strong anti-Scientology feelings; each was excused without objection.
That brought up the Leah Remini docuseries “Scientology and the Aftermath,” episodes of which some potential panelists said they had seen. Masterson’s lawyer Karen Goldstein argued that any person who had seen “Aftermath” could not give Masterson a fair trial – some of the witnesses who take the stand will be familiar to them and could trigger biased memories, she argued.
A long list of potential jurors said they had seen the documentary, which extensively covers the allegations against Masterson. The judge suggested perhaps some had merely seen the finale, or a single episode – but not necessarily the ones with potential live witnesses.
“We actually don’t know,” Goldstein said. “That’s a Pandora’s Box from a defense perspective.”
But Olmedo was unmoved, citing a recent change in the law that says if a person testifies that they believe they can be fair, no matter their experiences, they cannot be challenged. She allowed a pair of defense challenges to stand – but would not allow the striking of any juror merely because he or she saw “Aftermath.”
It wasn’t immediately clear whether anyone who said they had seen episodes of the docuseries made it to the final 12, or the alternate panel.
Masterson was formally charged in 2020, but allegations first came to light in 2017 when a blogger covering Scientology reported that Los Angeles Police Department detectives were investigating Masterson after three women came forward with accusations of rape and assault.
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The women claim they came into contact with Masterson in the early 2000s through the Church of Scientology, and each has said they were pressured by the Church to keep quiet. A representative for the Church previously told TheWrap in a statement:
“The Church has no policy prohibiting or discouraging members from reporting criminal conduct of Scientologists, or of anyone, to law enforcement. Quite the opposite. Church policy explicitly demands Scientologists abide by all laws of the land.”
In two of the three cases, the women – one of whom was in a long-term relationship with Masterson – said they were forcibly raped while unconscious. One said she passed out at a party at Masterson’s house, then awoke in his room to find Masterson raping her; she claims he then tried to choke her back to unconsciousness.
All three women said they came forward after talking with Remini, a former Scientologist and critic of the Church. Judge Olmedo said in previous hearings that she would not allow “a trial on Scientology,” and has limited discussions of the Church only to support possible reasons the accusers didn’t go to police sooner.
If convicted, Masterson faces a maximum sentence of 45 years to life in prison in a trial that could last up to a month.
Kelly Hartog contributed to this report.
