Prosecutors in Danny Masterson rape case dealt a blow after Lisa Marie Presley’s death

Prosecutors eager to revive the rape case against That 70s Show star and Scientologist Danny Masterson were dealt a blow following the death of Lisa Marie Presley. 

Yesterday, Presley was pronounced dead at a Los Angeles hospital house after she suffered a ‘full cardiac arrest’ at her home hours earlier. She was 54 years old. 

Prosecutors say Masterson raped three women, all former Scientologists, in his Hollywood Hills home between 2001 and 2003. Masterson, 46, has maintained his innocence and his legal team has said the acts were all consensual. 

Presley, a former Scientologist, had been named as one of the prosecution’s star witnesses but was ultimately not called to the stand after the judge, Judge Charlaine Olmedo, limited the scope of her potential testimony. 

The judge declared a mistrial in the case due to a deadlocked jury in November. Just two days before Presley’s death, prosecutors announced their plan to pursue a second trial against Masterson. 

During the trial, prosecutors told the jury that Presley was asked by the Church of Scientology to persuade one Masterson’s accusers not to report him to the police. 

Prosecutors said Masterson, pictured with his wife Bijou Phillips, raped three women, all former Scientologists, in his Hollywood Hills home between 2001 and 2003

Presley, a former Scientologist, had been named as one of the prosecution’s star witnesses but was ultimately not called to the stand after the judge, Judge Charlaine Olmedo, limited the scope of her potential testimony

Masterson’s legal team argued that the heiress’s testimony was ‘irrelevant.’ The actor’s defense included Tom Mesereau, who defended Presley’s ex-husband Michael Jackson, in his 2005 child sex abuse trial. 

Judge Olmedo denied the request to exclude Presley’s evidence but said that if Elvis’s daughter testified, she would restrict what she can say to just what she knows about alleged victim Jane Doe 1’s rape claims and not allow her to make broad statements about Scientology.

The prosecution later said they decided not to call on Presley to testify.

The testimony from Presley – who reportedly left the Church of Scientology in 2014 – was to center on her one-time friend, Jane Doe 1, who says that Masterson sexually assaulted her in September 2002 and raped her in April 2003. 

Presley’s ex-husband, guitarist Michael Lockwood, performed with Masterson’s wife, singer Bijou Phillips previously. Presley and Lockwood split in 2016. 

Judge Olmedo declared a mistrial in late November in the case after the jury voted seven times over a 24 hour period without being able to reach consensus on any of the three counts.

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. 

All three rapes are alleged to have occurred at Masterson’s Hollywood Hills house

Masterson attorney Philip Cohen said Scientology was mentioned 700 times during the trial and argued that it became an excuse for the prosecution’s failure to build a believable case against the actor, a prominent member of the religion 

Without the jury present, Deputy District Attorney Reinhold Mueller said during a hearing that Presley had told police that ‘a few months after April 2003, she was contacted by the Church of Scientology because she was friends with Jane Doe 1 and asked to make contact with Jane Doe 1 and calm things down because Jane Doe 1 at that time was threatening to go to the authorities (to report Masterson) and the church wanted it dealt with in-house. 

‘She contacted Jane Doe 1 and reported back to the Church of Scientology.’

Mueller told the court that Presley had also admitted to police that years later – in December 2014 – she sent a message to Jane Doe 1 ‘apologizing for attempting to quiet her.’

He added that he believed the testimony Presley would given, ‘is entirely relevant for the jury to hear.’

But Masterson’s attorney, Karen Goldstein argued that the bulk of Presley’s statements ‘deal with obstruction of justice and Masterson is not on trial for that here.

‘None of her allegations are relevant here. There is no foundation that Jane Doe 1 ever had a conversation with Miss Presley.’

Goldstein protested that even though Presley has been listed as a potential witness in the trial since 2017, the prosecution only turned over to the defense the transcription of a new interview the DA conducted with her a few days before her planned appearance.

In the new interview, said Goldstein, Presley answered ‘I do not recall’ when she was asked if the Church of Scientology had asked her to ‘smooth things over.’

Calling Presley’s statements ‘too vague to be helpful’, Goldstein told the court that she also said that ‘something had happened that was out of her comfort zone.’

‘No details were were proffered,’ she said, adding, ‘We move to exclude (Presley’s) statement entirely.’

Presley died at the age of 54 on January 12 hours after suffering a ‘full cardiac arrest’ at her home in Calabasas, she had been expected to testify that Scientology asked her to pressure Masterson’s alleged victims

Presley and Lockwood, a session musician, were married for ten years between 2006 and 2016. Lockwood previously worked with Masterson’s wife, Bijou Phillips, a singer

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Goldstein complained to Judge Olmedo that having a ‘last-minute’ new witness interview sprung on the defense four weeks into the trial was denying her client ‘due process and sufficient notice.’

She called for the prosecution to be sanctioned for ‘discovery violation’ and said that the defense doesn’t have the time ‘to find witnesses and attack her (Presley’s) credibility.’

Explaining why the interview with Presley was only held a few days before the planned appearance, DDA Mueller told the court that after she was subpoenaed as a witness in the Masterson trial, she hired a lawyer and ‘indicated she may be taking the 5th Amendment.’

‘We asked why that may be – maybe she had some concerns about dissuading a witness.’

Mueller said he negotiated with Presley’s attorney and she agreed to give the interview that was conducted last Friday.

Judge Olmedo ruled that the prosecution had not committed a discovery violation, noting that it’s not unusual for witness interviews to happen even during a trial.

In deciding to allow Presley to testify before the jury, the judge said her testimony is relevant but only as it relates to Jane Doe 1’s ‘decision-making process about going to authorities or not.’

The judge added that testimony about Presley’s later apology to Jane Doe 1 was out of the scope of what she could say in the witness box and she would not allow it.

In the fallout of the mistrial, Masterson attorney Philip Cohen said Scientology was mentioned 700 times during the trial and argued that it became an excuse for the prosecution’s failure to build a believable case against the actor, a prominent member of the religion.