Danny Masterson's rape trial has been declared a mistrial.
On Wednesday, the jury said they were unable to reach a verdict on any of the three criminal charges Masterson, 46, faced in connection to forcibly raping three women in separate incidents between 2001 and 2003, according to Deadline and the Associated Press.
Per Deadline, 10 people thought Masterson was not guilty on Count 1, while two believed he was guilty. With Count 2, eight jurors believed he was not guilty and four believed he was guilty. On Count 3, the jurors were split between seven people for not guilty and five for guilty.
In a letter to Los Angeles Superior Court Judge Charlaine F. Olmedo, the jurors said, "After thorough and considerable discussion, it is clear that we as jurors are adamant about maintaining our individual positions on each of the three counts."
"I find the jury is hopelessly deadlocked," Los Angeles Superior Court Judge Charlaine F. Olmedo later said, per The Hollywood Reporter. "Therefore, I do declare a mistrial."
After the mistrial was declared, two of the women who testified in the trial spoke about their disappointment.
"We would first like to thank the jury for its public service," said Jane Doe #2 and Jane #3 in a statement, per Deadline. "We are obviously disappointed that, at least for the time being, Daniel Masterson has evaded criminal accountability for his deplorable acts. However, we are collectively resolved to continue our fight for justice, including in civil court, where we have alleged that Mr. Masterson, along with the Church of Scientology, its leader David Miscavige, and others conspired to systematically stalk, harass, and intimidate us when we sought to shed light on Mr. Masterson's actions. This legal fight is far from over, and it is critical that we reckon with Scientology's alleged role in covering up reports of abuse and threatening victims."
A retrial date has been set for March 27, 2023, and Masterson will remain free on bail of $3.3 million, according to Deadline.
The mistrial comes after Olmedo ordered jurors to take the week of Thanksgiving off after becoming deadlocked before the holiday. Upon their return, two jurors were unable to attend due to positive COVID tests, leading two alternates to step in and start fresh.
The That '70s Show actor was charged in 2020 with forcibly raping three women in separate incidents between 2001 and 2003. He pleaded not guilty to all three charges in January 2021, and a Los Angeles judge ordered him last year to stand trial. All of the alleged crimes occurred at Masterson's home, prosecutors say, and all three accusers took the stand to detail their allegations last May in a preliminary hearing.
Masterson, who has been married to actress and model Bijou Phillips since 2011, faced a maximum sentence of 45 years to life in state prison.
During the trial's opening statements, Deputy District Attorney Reinhold Mueller detailed the accusations from three women who alleged Masterson had sex with them without their consent.
Among the testimonials were J.B. (who allegedly had two separate incidents with Masterson in September 2002 and April 2003 that were reported at the Hollywood police station in April 2004), a model referred to in court as C.B. who was Masterson's girlfriend for five or six years, and an actress referred to as N.T.
The alleged victims were Scientologists, a church of which Masterson has been a part for years. Though Judge Charlaine Olmedo said at a pre-trial hearing that the proceedings were "not going to become a trial on Scientology," discussions of Masterson's belief about what constituted rape under the tenets of Scientology did factor into the proceedings.
Throughout the trial, Masterson's team frequently asked — and was denied by — Judge Olmedo to declare a mistrial.
In his opening statement, per Deadline, defense lawyer Philip Cohen emphasized the "cross-contamination" that allegedly occurred, claiming that the women all spoke to each other "before talking to the LAPD." Cohen also claimed there were inconsistencies in the women's stories. He cited a lack of photographic evidence, "no rape kit evidence ... no voicemail evidence."
Many of the allegations against Masterson first surfaced in March 2017 when the LAPD's Robbery Homicide Division confirmed an investigation was taking place into sexual assault allegations against the actor. In November 2017, HuffPost reported that a fourth woman had accused Masterson of raping her in the early 2000s.
Netflix announced that it had cut ties with Masterson a month later, as did the United Talent Agency. Four accusers then filed a lawsuit against Masterson and the Church of Scientology in 2019. Official charges were filed against Masterson a year later.
"This is beyond ridiculous," Masterson said in a statement to PEOPLE through his attorney at the time. "I'm not going to fight my ex-girlfriend in the media like she's been baiting me to do for more than two years. I will beat her in court — and look forward to it because the public will finally be able learn the truth and see how I've been railroaded by this woman. And once her lawsuit is thrown out, I intend to sue her and the others who jumped on the bandwagon for the damage they caused me and my family."
