Tuesday 4 October 2022 11:06 PM Judge rejects That '70s Show actor Danny Masterson's plea to delay his rape ... trends now
A judge on Tuesday refused to delay the rape trial of That '70s Show star Danny Masterson over anti-Church of Scientology barbs two candidates have been lobbing at each other in TV ads supporting their opposing campaigns to win the Los Angeles mayoral election.
Jury selection for the trial is now scheduled to start next Tuesday at LA Superior Court's downtown criminal court where the Scientologist actor, 46, has pleaded not guilty to raping three women at his Hollywood Hills home between 2001 and 2003.
But his legal team filed a motion calling on Judge Charlaine Olmedo to postpone the trial until after the November 8 mayoral election, arguing that a jury could be prejudiced against Masterson by 'inflammatory' and 'negative' remarks both candidates have made in campaign ads condemning Scientology.
Judge Olmedo rejected that argument, telling the court that the 'sheer size' of the jury catchment area – LA county and its 88 independent cities – is 'sufficient to ensure a fair and impartial jury.'
'There is no evidence to suggest that everyone holds a negative view of Scientology,' she said.
A judge on Tuesday refused to delay the rape trial of That '70s Show star Danny Masterson. Masterson is seen leaving court Monday
Masterson's accusers are former Scientologists and are also suing him and the Church of Scientology in civil court
Masterson's lawyer Philip Cohen asked the judge to delay the trial until after the Los Angeles mayoral race on November 8. In one campaign TV ad, candidate Rick Caruso used footage of his opponent Karen Bass at a Scientology event and splices in clips that seem to indicate that she supports the controversial church. Bass responded in her own ad, saying she does not support the church and insisted, 'Everybody knows Karen Bass condemns Scientology'
Referring to the campaign ads from U.S. Rep. Karen Bass and billionaire developer Rick Caruso, the judge added that even if the court were to continue the trial till after the election, 'the public would still have been exposed to them.'
Judge Olmedo also handed down a second defeat for Masterson – who showed up for court Tuesday in a gray suit, blue shirt and black and gray striped tie – by denying his motion to exclude all references to Scientology from the trial, which is expected to last four weeks.
Judge Charlaine Olmedo denied Masterson's request to delay his trial on Tuesday
Masterson's attorney, Philip Cohen, had asserted Monday that references to Scientology would be 'irrelevant, inflammatory, confusing to the jury and violate his client's First, Fourth and Fifth Amendment rights'.
But the judge disagreed, telling the court, 'There is no evidence to support the contention that a negative view is inadmissible (at trial).
'Even evidence that is prejudiced is still admissible if it is relevant… And Scientology evidence is relevant.'
Judge Olmedo said that Scientology evidence was relevant because it was important to the credibility of the three accusers and explained why they took so many years to report Masterson to the police: they were afraid of retaliation from the Church.
She added, 'There is no basis to consider that Scientology evidence is so inflammatory that no jury could reach an impartial verdict.'
As for Cohen's claim that bringing the name Scientology into the trial would 'infringe' upon Masterson's First Amendment rights to practice a religion of his own choosing, the Judge said, 'Nothing I rule upon would interfere with his right to believe in Scientology...Scientology evidence will be admitted.'
Masterson – who has been free on $3.3 million bail since his arrest in June 2020 – did
