Incarcerated actor Danny Masterson is waging a battle on two fronts: one in the courtroom and one in his personal life. The former television star, known for his role on “That ’70s Show,” has filed a formal petition to overturn his rape conviction from prison. This legal maneuver arrives shortly after a deeply personal blow, as his estranged wife, Bijou Phillips, moved to remove his last name from their daughter’s identity. These simultaneous developments highlight the ongoing fallout from Masterson’s conviction and 30-year sentence for two counts of sexual assault.
The legal basis for Masterson’s new challenge rests on a claim of ineffective assistance of counsel. Through his new attorney, he alleges that his trial lawyer, Philip Cohen, was fundamentally unprepared for the retrial that led to his conviction. The petition asserts that Cohen failed to interview the vast majority of potential defense witnesses and did not call any witnesses to the stand to present Masterson’s side of the story. This, the filing argues, left the jury with only the prosecution’s narrative and deprived Masterson of his right to a full defense.
Masterson’s current legal representative, Eric Multhaup, has been vocal in criticizing the previous trial. He contends that a combination of an overzealous prosecution, a biased judge, and a deficient defense strategy created an “unfair” proceeding. The habeas corpus petition is bolstered by dozens of exhibits that Multhaup says contain exculpatory evidence—proof of innocence—that was never presented to the jury. This evidence, he claims, would have included testimony from individuals who heard the accusers describe their encounters with Masterson as positive and consensual shortly after they occurred.
The petition provides specific, though unverified, details about the potential witness testimony. It suggests that one accuser described the encounter in a “lighthearted and positive manner” to a close friend. Regarding another incident, the document claims that other guests in Masterson’s home that night overheard sounds they interpreted as “enthusiastic, consensual sexual activity.” Masterson’s team insists he “implored” his previous lawyer to present this defense, but their requests were ignored, leading to a conviction they believe can be reversed.
This aggressive legal push from prison occurs as Masterson’s family life disintegrates publicly. The request from Bijou Phillips to change their daughter’s surname is a stark indicator of her move to fully separate from the convicted actor. As Masterson fights for a new trial in the legal system, he is simultaneously losing his connection to his family, creating a complex portrait of a man confronting the consequences of his actions both inside and outside the courtroom walls. The judge’s decision on whether to grant this petition will determine the next act in this protracted legal drama.
