Danny Masterson’s Rape Trial: “Hopelessly Deadlocked” Jury Results in Mistrial

A Los Angeles judge declared a mistrial Wednesday in Danny Masterson’s rape trial after the jury said they are at an impasse on a trio of charges in one of the most high-profile criminal cases of the #MeToo movement.

“I find the jury is hopelessly deadlocked,” said Los Angeles Superior Court Judge Charlaine Olmedo. “Therefore, I do declare a mistrial.”

The jury favored acquittal on each of the charges: 10 to two, eight to four and seven to five. It held four votes Wednesday and three yesterday.

Olmedo read a letter from the jury: “After thorough and considerable discussion, it is clear that we as jurors are adamant about maintaining our individual positions on each of the three counts.”

Three women whose allegations were at the center of the trial testified that they were raped by Masterson, as did a fourth accuser, though her claims didn’t lead to charges.

As the jury walked into the courtroom in downtown Los Angeles to announce that it had reached a decision, Masterson sat at the end of the defense table with his legs crossed as the judge queried jurors on whether they agreed that they were deadlocked.

The jury — seven men and five women — deliberated for six days. They had started deliberations anew Monday after two were replaced with alternates after contracting COVID-19.

A status conference to discuss next steps is scheduled for Jan. 10. A new trial is tentatively set to start March 27.

Masterson’s attorney Philip K. Cohen said that prosecutors should factor in the split, favoring acquittal on each of the charges, in whether they decide to pursue a new trial.

“This was a jury that went through each bit of testimony and had some heartfelt and significant discussions about credibility,” he said. “It speaks volumes.”

“Given the facts in this case, the testimony in this case and the evolution of the statements in this case, it’d be very difficult to find 12 people who truly considered this case to convict,” he added, noting that he will move to dismiss the charges.

On whether prosecutors will pursue a new trial, Ariel Anson, a deputy district attorney, said, “It’s a conversation we have to have with our office.”

Asked whether the Church of Scientology’s alleged silencing of the victims will play as prominent a role in the next trial if there is one, Reinhold Mueller, a deputy district attorney who led the prosecution, responded that it has to. “It plays a big part,” he noted.

Masterson declined to comment.

Two days into deliberations, on Nov. 18, the jury had said that it was at an impasse on all of the charges. Olmedo directed them to resume deliberations after Thanksgiving week despite being “hopelessly deadlocked,” since it hadn’t been long enough to declare a mistrial.

Cohen pushed back on the decision, arguing that they’d be exposed to evidence not in the record. “Although the amount of time the trial has taken would make two days seem insufficient, it really comes down to a simple analysis: Do you believe the women or do you not?” he asked.

When they returned, the jury started deliberations completely anew after the two jurors were replaced. Cohen moved for a mistrial, which was rejected.

During the trial, prosecutors detailed a pattern of Masterson inviting the Jane Doe accusers to his Hollywood Hills home and giving them a drink that quickly made them feel discombobulated before raping them.

“If you were a young woman, who each of these women were at the time, you were far from safe,” Mueller said during closing arguments. “Because if you were incapacitated in his bed, he would rape you. If you were incapacitated elsewhere in the house, he would come and find you. And if you were at his home and not yet intoxicated, he would offer you the alcohol to get you there and then forcibly rape you.”

In one instance, Masterson allegedly dragged an accuser into a jacuzzi before she passed out. She testified that she woke up on a bed to him penetrating her. When she fought back, Masterson choked her and brandished a gun to get her to stop resisting, she said.

The Church of Scientology’s role in suppressing allegations from the women played a prominent part in the trial. The three Jane Doe accusers are former Scientologists who claim that they were threatened with excommunication if they went to law enforcement to report their rapes and to let the church address their accusations. In 2004, one of the accusers wrote a letter to the church’s international justice chief seeking permission to report Masterson. She, in turn, was referred to policies on “suppressive persons,” told not to use the word “rape” and to omit references to Masterson threatening her with a gun. The accuser eventually agreed to a $400,000 settlement with a nondisclosure agreement barring her from talking about the assault. She was approached by law enforcement in 2016 building a case against the actor.

Masterson maintained that his accusers consented to sex in each of the instances of alleged rape. Cohen, his attorney, said during closing arguments that one of the Jane Does “commanded to come over” and had a “fling” with his client. Another, he said, provided inconsistent testimony belying her claims. He showed a picture of the accuser smiling with a friend shortly after she was allegedly raped despite recalling that she had bruises all over her body and that her pain was unbearable due to the assault.

Of the third accuser who claimed she was raped in her sleep, the defense stressed that she’s Masterson’s ex-girlfriend and that the pair engaged in consensual sex.

Plaintiffs, including those at the center of the trial, in a civil suit against Masterson and the Church of Scientology said in a statement that the “legal fight is far from over.” The case was paused to allow the criminal trial to proceed.

“We are obviously disappointed that, at least for the time being, Daniel Masterson has evaded criminal accountability for his deplorable acts,” they said. “However, we are collectively resolved to continue our fight for justice, including in civil court, where we have alleged that Mr. Masterson, along with the Church of Scientology, its leader David Miscavige, and others conspired to systematically stalk, harass and intimidate us when we sought to shed light on Mr. Masterson’s actions.”