Danny Masterson to be retried on rape charges following November mistrial: district attorney

Danny Masterson will be retried on the same three rape charges after a judge declared a mistrial during his November trial, according to the district attorney’s office.

“The District Attorney’s Office will retry Mr. Masterson on the same counts,” the DA said in a statement provided to Fox News Digital on Tuesday. “The next court date is Feb. 16 for a status conference. 

“Motion hearings are scheduled for March 6 and March 27. Jury selection in the retrial is set to begin March 29.”

Fox News Digital has reached out to Masterson’s rep for comment.

MISTRIAL DECLARED IN DANNY MASTERSON’S RAPE TRIAL

The district attorney’s office will retry Danny Masterson after a mistrial was declared in November when a jury was deadlocked on three rape charges.
(John Shearer)

In a statement provided to Fox News Digital, two of the anonymous survivors said, “We are pleased that Danny Masterson will not be permitted to simply escape criminal accountability. Despite suffering years of intimidation and harassment, we are completely committed to participating in the next criminal trial to the extent requested by prosecutors and again testifying about Mr. Masterson’s depraved actions.”

Masterson, 46, faced up to 45 years in prison if found guilty on the three counts of rape by force or fear. The alleged assaults occurred between 2001-03 at his Hollywood Hills home.

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The “That ‘70’s Show” star was arrested in June 2020 and had been free on a $3.3 million bond. He had pleaded not guilty to the charges.

Danny Masterson leaves Los Angeles superior court with wife Bijou Phillips following mistrial.
(Brian Melley)

The woman who brought the allegations forward include a woman who was Masterson’s longtime girlfriend and another close friend. The third accuser was a confidant.

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Masterson’s attorney, Philip Cohen, filed a motion to dismiss the counts last week, citing a retrial would “not differ materially from the prior trial” with little likelihood of a different outcome. 

In the motion, Cohen noted, “The clear sentiment of the jurors, virtually to a person, was that there were significant evidentiary and credibility problems with the government’s case. 

Danny Masterson has pleaded not guilty to rape charges.
(Anna Weber)

He added, “And while there was disagreement as to the ultimate vote, on one thing the jurors all appeared to agree – no reasonable jury was ever going to come to a unanimous finding of guilt on any count.”  

Each of the three women were members of the Church of Scientology, like Masterson. The accusers alleged they were hesitant to file charges due to the church’s strict protocols against public involvement with member issues. 

Rather than present a defense to the jury, Masterson’s lawyers focused on revealing the inconsistencies in the stories the three accusers told while they were on the stand. They claim the accusers changed their stories and also spoke with each other prior to speaking with police.

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