Danny Masterson shared a kiss with his wife as the former ‘That ´70s Show’ star waited for a verdict in his rape trial after the deadlocked jury was forced to start over with their deliberations.
On Monday, the trial ran into another problem when two jurors tested positive to Covid-19 and one of four alternate jurors was diagnosed with strep.
Los Angeles Superior Judge Charlaine Folmedo replaced jurors with two substitutes and ordered the panel restart with deliberations.
This is after jurors informed the judge on November 18th that they had been told by them. They were deadlocked After nearly three days of deliberations, he could not reach any verdict on the three counts of Masteron’s rape.
The judge advised them that it was too soon for a mistrial to be declared and to continue deliberating upon their return from the holiday break.
Masterson, 46 years old, is accused of raping three women in his Hollywood Hills home, including a former partner, between 2001 and 2003.
Masterson and Bijou Phillips, his 42-year-old wife, were seen having a moment together at the courthouse on Monday.
Phillips was seen lovingly looking at her husband, before wrapping his arms around him.
The reconfigured jury concluded the day without reaching any verdict. The six-man and six woman-members of the jury will return to court Tuesday to continue deliberations.
Danny Masterson, 46, shared a kiss with wife Bijou Phillips, 42, as the former ‘That ´70s Show’ star waited for a verdict in his rape trial after the deadlocked jury was forced to start over
Masterson and Phillips look at each other lovingly during Monday lunch.
Phillips stood by Masterson after he was convicted of three counts of rape between 2001 and 2003. He If found guilty, he could be sentenced to 45 years to life imprisonment
Masterson stops for lunch as he waits for the verdict to be returned by the jury
Ten days ago, all three charges of rape against Scientologist actor were dropped by the jury.
The panel of seven women and five men deliberated for three days before declaring on Friday, November 18 they were unable to reach unanimous verdicts – a legal requirement for Masterson to be found guilty.
This would suggest that a mistrial may be imminent.
However, Olmedo the presidency judge refused to declare mistrial. He told jurors that they had spent “insufficient time” to reach a verdict.
She They were taken home for Thanksgiving and then they were summoned back to the downtown LA criminal court Monday to resume their proceedings.
Judge’s decision is final as to how much time they should continue deliberating before being declared a “hung jury”.
However, Judge Olmedo has no other option than to declare a mistrial if jurors still cannot reach a unanimous verdict.
That would mean the That ’70s TV Show star would be exonerated and the LA district attorney would have to decide if he should refile the charges against him and bring the case back to court for another trial.
Masterson was seen Monday in a gray-blue suite with an open-necked shirt and a blue shirt
Masterson’s actress-wife Bijou Phillips was present with him throughout the five weeks of trial.
On November 18, Danny Masterson’s Los Angeles trial for rape announced that the jury could not reach a unanimous decision.
Masterson smiled slightly as he was about to send the jury home for Thanksgiving break. It was clear that he knew he wouldn’t see him in court for ten more days.
As he left court on November 18, the actor of That ’70s Show appeared relaxed. He was accompanied by his wife Bijou Phillips. After three days of deliberating, the panel stated that they were still at a deadlock.
Charlaine Olmedo the preside judge refused to declare mistrial, saying that jurors had not spent enough time to reach a decision.
Masterson, who did not testify in his own defense at the month-long trial – has pleaded not guilty to raping three women, all of them Scientologists, at his Hollywood Hills home between 2001 and 2003.
He is facing up to 45 years in prison if convicted of all three charges – 30 years if convicted of two of the charges – plus the likelihood of being ordered to register as a sex offender.
If he is convicted of one rape only, that could lead to the same result as if all the charges were dropped or a mistrial was declared. In other words, he would leave court free and clear.
With a conviction of just one offense, it’s unclear whether he’d face any penalty at all because the 10-year statute of limitations on that one offense – which carries a maximum 15-year sentence – has already run out.
California law does not allow for the statute of limitations to apply to multiple sexual assaults.
Masterson could only face jail time for more than one offense.
Judge Olmedo will decide if there is a penalty if he is found guilty of only one rape offense. Or if Masterson is entitled to an acquittal – or overturn the conviction – because the statute of limitations does kick in on just one rape offense.
If she gives an acquittal, or overturns the guilty finding, he is free to go.
Asked by DailyMail.com to clarify what happens to Masterson if he’s only convicted of one rape, Deputy District Attorney Ariel Anson – who has been prosecuting the case with DDA Reinhold Mueller – would only say, ‘There could be a statute of limitations issue.’
Masterson, who did not testify in his own defense at the month-long trial – has pleaded not guilty to raping three women, all of them Scientologists, at his Hollywood Hills home between 2001 and 2003
Masterson’s Hollywood Hills home is where all three rapes took place.
During the highly-publicized trial – which started five weeks ago – Scientology was front and center almost every day. Philip Cohen, Masterson’s lawyer, stated that the church had been mentioned more than 700 time.
Cohen unsuccessfully tried to delay the trial until after the recent LA Mayoral Election because anti-Scientology TV advertisements made by Karen Bass and Rick Caruso could bias the jury against his client. Caruso is a prominent member the church.
All three women accusing Masterson of rape – whom DailyMail.com is identifying only as Jane Does 1-3 – testified that the reason they took so long to report him to the police was their fear of retribution from the Church of Scientology.
They stated that church officials had warned them to not use the word “rape” and that turning in a Scientologist to police enforcement was considered a high offense. If they didn’t follow that doctrine, they would be expelled by the church and removed from their family.
Jane Doe #1 burst in tears while recounting the September 2002 night Masterson allegedly permeated her anally.
Jane Doe #2 testified that Masterson invited Jane to his home sometime in the late 2003. She He said that he had given her a glass wine and ordered her to take off her clothes to get into his jacuzzi.
Jane Doe #3 claimed Masterson brutally raped Jane, despite her repeated pleas. She left Jane feeling like an ‘rag doll’.
Jane Doe 1 had stated to the court that she visited Masterson’s home in April 2003. Masterson gave her a fruity drink with vodka and made her feel woozy. Then he took her upstairs, threw her into his Jacuzzi, and carried her upstairs. When she woke up, he was raping.
She She said that he fought back, and shoved a pillow in her face. He shoved it into her face, and she began to blacken out.
When she woke, Masterson opened a bedside draw and pulled out a gun which he brandished, telling her, ‘Don’t f——ing move.’
Jane Doe 3 – who lived with Masterson for six years – was only 17 when she met him and he persuaded her to become a Scientologist, the court heard.
About a year into their relationship he became very controlling…and very aggressive sexually – she would often wake up at night and he would be on top of her, having sex with her, she told the court
The court heard that she was in one of these situations in November 2001 when she woke up to discover him having sex.
She pulled her hair when that didn’t work. However, he hit her across her face and called her “white trash,” according to prosecutors.
From 1998 to 2006, Danny Masterson was the wise-cracking Steven Hyde in That ’70s show. Pictured l-r Laura Prepon, Ashton Kutcher, Topher Grace, Masterson, Mila Kunis, Wilmer Valderrama
Jane Doe 2, met Masterson at an bar in 2003, and gave him the number. He He called her and invited to her home. She went, and, the court heard, after a stint in his Jacuzzi she found herself in his bathroom shower with him where he ‘suddenly shoved his penis into her vagina….She said no, I told you no sex.’
They ended up in Masterson’s bed, where he started beating her from behind, despite her protests. She testified that he had flipped her over and started hitting her with his back ‘like an jackhammer’.
Philip Cohen, Masterson’s lawyer, challenged the ‘inconsistencies in the women’s testimony and statements to police. He accused them of ‘blatant fabrications.
And he asserted that the three had ‘colluded,’ choreographing their rape stories to help get Masterson convicted – which in turn could help them win a big cash payout in a civil lawsuit they have brought against the actor and the Church of Scientology, claiming that they’ve been harassed and intimidated since reporting him to police.