>
Prosecutors eager to revive the rape case against That 70s Show star and Scientologist Danny Masterson have been dealt a blow following the death of Lisa Marie Presley.
Yesterday, Presley was pronounced dead at a Los Angeles hospital home after she went into “total cardiac arrest” at her home hours earlier. She was 54 years old.
Prosecutors say Masterson raped three women, all former Scientologists, at his Hollywood Hills home between 2001 and 2003. Masterson, 46, has maintained his innocence and his legal team has said all the acts were 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, Justice Charlaine Olmedo, limited the scope of her possible 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 hold a second trial against Masterson.
During the trial, prosecutors told jurors that the Church of Scientology asked Presley to persuade 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, at their 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 Judge Charlaine Olmedo limited the scope of her possible 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 molestation trial.
Judge Olmedo denied the request to exclude Presley’s evidence, but said that if Elvis’s daughter testifies, he would restrict what she can say to what she knows about alleged rape victim Jane Doe 1 allegations and would not allow her to comment. extensive about Scientology.
The prosecution later said it decided not to call Presley to testify.
Testimony from Presley, who reportedly left the Church of Scientology in 2014, would focus on her former friend, Jane Doe 1, who says Masterson sexually assaulted her in September 2002 and raped her in April 2003.
Presley’s ex-husband, guitarist Michael Lockwood, previously performed with Masterson’s wife, singer Bijou Phillips. Presley and Lockwood separated 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 a consensus on any of the three charges.
Two jurors voted for conviction on the first count, four voted for conviction on the second count, and five voted for conviction on the third count.
All three rapes are alleged to have occurred at Masterson’s home in the Hollywood Hills.
Masterson’s attorney, Philip Cohen, said Scientology was mentioned 700 times during the trial, arguing that it became an excuse for prosecution to be unable to build a credible case against the actor, a leading member of the religion.
Without the jury present, Assistant 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 her to contact Jane Doe 1 and calm things down because Jane Doe 1 at the time was threatening to go to the authorities (to report Masterson) and the church wanted it dealt with internally.
“He contacted Jane Doe 1 and informed the Church of Scientology.”
Mueller told the court that Presley had also admitted to police that years later, in December 2014, he sent a message to Jane Doe 1 “apologizing for trying to shut her up.”
He added that he believed the testimony Presley would give “is completely relevant for the jury to hear.”
But Masterson’s attorney, Karen Goldstein, argued that most of Presley’s statements “deal with obstruction of justice and Masterson is not being tried for that here.”
“None of his accusations are relevant here. There is no basis that Jane Doe 1 ever had a conversation with Miss Presley.
Goldstein protested that even though Presley has been included as a possible witness in the trial since 2017, the prosecution only provided the defense with a transcript of a new interview the prosecutor conducted with her a few days before her scheduled appearance.
In the new interview, Goldstein said, Presley replied “I don’t remember” when asked if the Church of Scientology had asked him to “smooth things down.”
Calling Presley’s statements “too vague to be useful,” Goldstein told the court that she also said “something had happened that was outside of her comfort zone.”
“No details were offered,” he said, adding: “We move to exclude (Presley’s) statement entirely.”
Presley died at the age of 54 on January 12 hours after going into ‘complete cardiac arrest’ at his home in Calabasas, he was expected to testify that Scientology asked him to lobby 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.
Goldstein complained to Judge Olmedo that having a new “last minute” interview with a defense witness four weeks after the trial was denying his client “due process and sufficient notice.”
He called for the prosecution to be penalized for “discovery violation” and said the defense does not have time “to find witnesses and attack his (Presley’s) credibility.”
Explaining why the interview with Presley took place only days before the scheduled appearance, DDA Mueller told the court that after she was subpoenaed as a witness in Masterson’s trial, she retained an attorney and “indicated that could accept the Fifth Amendment.” ‘
“We asked why that may be, perhaps she had some concerns about deterring a witness.”
Mueller said he negotiated with Presley’s attorney and she agreed to give the interview that took place last Friday.
Judge Olmedo ruled that the prosecution had not committed a discovery violation, noting that it is not unusual for witness interviews to be conducted even during a trial.
In deciding to allow Presley to testify before the jury, the judge said that her testimony is relevant but only as it relates to “Jane Doe 1’s decision-making process about whether or not to go to the authorities.”
The judge added that testimony about Presley’s subsequent apology to Jane Doe 1 was beyond the scope of what she could say on the witness stand and that she would not allow it.
In the aftermath of the mistrial, Masterson’s lawyer, Philip Cohen, said Scientology was mentioned 700 times during the trial and argued that it became an excuse for the prosecution to be unable to build a credible case against the actor, a member religion prominent.