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A judge declared a mistrial Wednesday at the rape trial of “That ’70s Show” actor Danny Masterson after jurors, who were leaning strongly toward acquitting him, were deadlocked following the monthlong trial in which the Church of Scientology played a supporting role.
Masterson, 46, was charged in Los Angeles Superior Court with the rape of three women, including a former girlfriend, in his Hollywood Hills home between 2001 and 2003. He pleaded not guilty and his lawyer said the acts were all consensual. All three women were members of the church at the time, and Masterson remains one.
“I find the jurors hopelessly deadlocked,” Judge Charlaine Olmedo declared after inquiring whether there was anything the court could do to move them closer to reaching a unanimous decision. She set a March date for a retrial.
Olmedo had ordered jurors to take Thanksgiving week off and keep deliberating after they said on Nov. 18 that they could not reach a consensus. The jury began deliberations anew Monday after two alternates replaced jurors who had COVID-19.
Jurors said they had voted seven times Tuesday and Wednesday without being able to reach a consensus on any of the three counts.
The jury foreman said only two jurors voted for conviction on the first count, four voted for conviction on the second count and five voted to convict on the third count.
The result was a serious setback for prosecutors, and for the three women who said they were seeking long overdue justice.
Two of the alleged victims in the case issued a statement saying they were disappointed “Masterson has evaded criminal accountability for his deplorable acts. However, we are collectively resolved to continue our fight for justice.”
The alleged victims and the husband of one are suing Masterson, the Church of Scientology, its leader David Miscavige and others for allegedly stalking, harassing and intimidating them after they sought to expose Masterson.
Masterson left court with his wife, actor and model Bijou Phillips, without speaking to reporters.
