Danny Masterson, the actor known for his role in "That '70s Show," is seeking to overturn his rape convictions, arguing that his trial lawyer, Philip Cohen, failed to provide adequate representation. Masterson's legal team filed a petition asserting that Cohen did not call key witnesses and failed to introduce essential evidence that could have exonerated him.

The petition for habeas corpus, filed with California's 2nd District Court of Appeal on Monday, contends that Cohen's performance at the 2023 retrial, which resulted in Masterson's conviction on two counts of rape, was deficient. Masterson was subsequently sentenced to 30 years to life in prison for the 2003 incidents at his Los Angeles home.

In addition to the claims against his lawyer, the petition alleges that Los Angeles Superior Court Judge Charlaine F. Olmedo displayed bias against the Church of Scientology, of which Masterson is a member. The petition claims the judge allowed an "unconstitutional intrusion" into the church's doctrine and misinterpreted its scripture. The practices of the Church of Scientology were a significant point of contention during the trial, as the victims are former members. The petition argues that Cohen failed to present available evidence that would have countered the portrayal of the Church of Scientology as a force of intimidation.

The petition states that Cohen only spoke to two of the 20 potential witnesses identified by Masterson's co-counsel and an investigator. These witnesses, it is claimed, included individuals who would have testified that the women spoke positively about their sexual relationships with Masterson. The defense also intended to call psychological and pharmacological experts to testify about the effects of alcohol and drugs on memory, but this did not occur.

The court filing asserts that there was an "unexpected and unreasonable failure of trial counsel to present any of the mountain of exculpatory evidence" that had been gathered by Shawn Holley, Masterson's pretrial attorney. This, the petition argues, resulted in a violation of Masterson's constitutional rights. Holley was initially slated to represent Masterson but was unable to do so due to her representation of former Los Angeles Dodgers pitcher Trevor Bauer in his own sexual misconduct allegations. Judge Olmedo denied a request to delay Masterson's first trial to accommodate Holley's schedule, leading to Cohen taking over as lead attorney.

Masterson's first trial ended in a mistrial after the jury was unable to reach a consensus on any of the three rape counts against him. He was promptly retried, and the jury found him guilty on two counts while remaining deadlocked on the third.

Eric Multhaup, the attorney who filed the petition on Masterson's behalf, stated that "The unfairness of the second Masterson trial was the result of prosecutorial misconduct, judicial bias, and the failure of defense counsel to present exculpatory evidence".

This petition is separate from Masterson's main appeal to the same court, which is currently pending. Masterson, 49, is currently serving his sentence at the California Men's Colony in San Luis Obispo and will be eligible for parole after serving more than 20 years.