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L.A. prosecutors to retry Danny Masterson on sexual assault charges

A man and a woman walk past a gate as journalists approach them.
Actor Danny Masterson leaves a Los Angeles courthouse with his wife, Bijou Phillips, after a judge declared a mistrial in his rape case in Los Angeles in November.
(Brian Melley / Associated Press)
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Actor Danny Masterson will face a second trial on sexual assault charges later this year, prosecutors said Tuesday.

The 47-year-old actor, best known for his role on the “That 70s Show” sitcom, was accused of raping and assaulting three fellow members of the Church of Scientology at his Hollywood Hills home between 2001 and 2003. After hearing weeks of testimony at a trial in November, a jury deadlocked on the charges, causing a mistrial.

Polled afterward, jurors indicated they were leaning heavily toward acquitting Masterson and prosecutors were cagey about whether they would retry him. At a brief court hearing Tuesday morning, they announced they would do so, according to a spokesman for the district attorney’s office.

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Also on Tuesday, a motion from Masterson’s lawyers to dismiss all charges was denied. Jury selection in the second trial is scheduled to begin on March 29.

Masterson’s attorney could not immediately be reached for comment. The actor has denied all wrongdoing.

Each of the accusers in the case testified that they met Masterson through their involvement in Scientology, and two said they delayed reporting the alleged assaults out of fear the church would punish them for turning a church member in to police.

One of the women claimed that she became seriously ill after consuming a beverage offered by Masterson, who then allegedly assaulted her in a bathroom at his home. She also claimed that he brandished a handgun during the assault.

In a statement, two of the women whose allegations led to criminal charges said they were “pleased that Danny Masterson will not be permitted to simply escape criminal accountability” and that they would testify against Masterson again at the retrial. The third woman has not commented.

The Times does not name victims of alleged sexual assault unless they consent to being named or have spoken about their claims in public. Masterson’s accusers have been identified in court by part of their names to protect their identities.

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At points in the first trial, prosecutors delved into the church’s arcane rules, suggesting the women could have been declared “suppressive” persons and cutoff from their relatives in the church if they spoke out against Masterson.

“I was a Scientologist and Mr. Masterson is a Scientologist, and you cannot report another Scientologist in good standing to the authorities,” testified one woman, who was identified at the trial as Jen B. “My life would be over. My parents would have to disconnect from me. … I couldn’t talk to any of my friends ever again. … I wouldn’t have anywhere to work or live.”

Through a spokeswoman, Scientology officials complained that references to Masterson’s faith in the case were displays of bias against their religion. Church officials also said their faith does not have rules prohibiting members from reporting crimes to the police.

Times staff writer Noah Goldberg contributed to this report.

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