Danny Masterson Wants Rape Charges Tossed As Second Criminal Trial Looms

deadline.com:

Throughout Danny Masterson’s rape trial last year, defense lawyers sought repeatedly to have almost all mention of the Church of Scientology and “the prosecution’s insinuations of drugging” drinks scratched out of the courtroom proceedings.

With a second criminal trial poised to start later this year against the That ‘70s Show star after getting a hung jury on November 30, a newly filed motion to dismiss all counts makes it very clear the defense now views neither Masterson’s controversial faith nor his beverage selection as points of contention.

As the 16-page document pinpoints, it’s the Jane Does and the law of averages so to speak.   “The jury focused on the most relevant evidence -the testimony and prior statements of the Jane Does – and a strong majority reasonably concluded that this critical evidence established reasonable doubt,” states the filing in LA Superior Court today. “The contradictory nature of their trial testimony is not going to credibly change,” the paperwork from attorneys Phillip K.

Cohen and Karen Goldstein adds. “Indeed, to the extent it was to change at any subsequent trial, that ‘change’ would provide yet more fodder for inconsistencies, contradictions, and impeachment,” the defense duo argue, leaning into the court to “exercise its discretion to dismiss this prosecution in the interests of justice…there is no reason to believe a retrial will produce a different outcome.” With an unspoken swipe at the prosecution efforts of the LA County District Attorney’s officer, Cohen and Goldstein conclude: “After leading the lengthy deliberations, the jury foreperson formed the opinion that no jury is likely ever render unanimous guilty verdicts.