Jury selection in Masterson's retrial is set to begin March 29.
"Our office has decided to re-try this case," Deputy District Attorney Reinhold Mueller told Superior Court Judge Charlaine F. Olmedo about 1 1/2 months after jurors deadlocked on the three charges against the "That '70s Show" actor.Defense attorney Philip Kent Cohen noted in his court filing that jurors predominantly voted in favor of acquitting Masterson of the charges and that "this outcome was not a fluke.
In closing arguments Nov. 15, Mueller said the actor used "force, fear or threats" to sexually assault the women and should be convicted of rape. But Masterson's attorney countered that the alleged victims lied about their relations with the actor. In arguing for an acquittal, Masterson's attorney told jurors that the prosecution wanted to "win this case so badly" that they ignored "blatantly fabricated" and inconsistent testimony from witnesses during the nearly month-long trial.
In his closing argument, the prosecutor reminded the jury of the testimony of the alleged victims, known by the initials C.B., J.B. and N.T. The woman also testified that she grabbed the back of the actor's hair and pushed a pillow into his face as he penetrated her, adding that Masterson shoved the pillow back in her face with all of his body weight on her and that she felt she was being smothered, Mueller said.In his closing argument, Masterson's attorney used cardboard exhibits to illustrate the concept of reasonable doubt, urging jurors to bear in mind the presumption of innocence when they start deliberating.
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