New trial for Danny Masterson on rape charges begins after 1st case ended with hung jury

LOS ANGELES (KABC) -- The jury for Danny Masterson's retrial on three charges of forcible rape hadn't even entered the courtroom Monday morning before the fireworks began.

Masterson defense attorney Shawn Holley tried to get actress Leah Remini kicked out of the courtroom.

Remini, who left Scientology in 2013, has been a vocal supporter and advocate for the three women who've accused Masterson of rape. Holley told the judge that the defense team is now planning to call Remini to the witness stand to act as an impeachment witness against the prosecution's Scientology expert witness Claire Headley.

Judge Charlaine Olmedo quickly denied that request and Remini remained seated in the front row of the courtroom gallery throughout the day.

After court, Remini told ABC News that it's hard for most people to understand how Scientology beliefs affected the three alleged victims, who were all Scientologists at the time.

"I don't think the public understands how hard this must be for Scientology victims to have to be in court. They fought to be here. They're not here reluctantly - they fought to be here," Remini said.

Masterson has pleaded not guilty and denies any wrongdoing. His first trial on these charges ended with a hung jury and a mistrial in late November 2022.

Deputy District Attorney Reinhold Mueller gave opening statements for the prosecution, telling jurors that the case is about the "forcible rapes" of three women and that "evidence will show that the women were drugged."

Mueller told the jury that Chrissie B, who was in a longtime relationship with Masterson, will testify that he "drugged and sodomized her while she was unconscious" in December 2001.

"She decided to report him after this," Mueller said. "But reporting him meant not going to police, not law enforcement -- it meant going to officials with the Church of Scientology."

Mueller told the jury that Scientology officials told Chrissie that she could not use the word "rape" - and that she must have done something to "pull it in" - that it was her fault.

Mueller told jurors that another alleged victim, known as "Jane Doe 1," will testify that after Masterson allegedly raped her, she also went to the Church of Scientology - and a chaplain there also told her that it was not a rape.

The Church of Scientology said in a statement during the first trial that it "has no policy prohibiting or discouraging members from reporting criminal conduct of Scientologists, or of anyone, to law enforcement. Quite the opposite. Church policy explicitly demands Scientologists to abide by all laws of the land."

The church also says that the prosecution's case is based on propaganda and hate. The church says Leah Remini is anti-Scientology and is seeking vengeance for her expulsion from the church.

In the defense opening statements, Masterson attorney Philip Cohen told the jury that the women's stories have changed over time - and suggested that they are motivated by money or revenge.

"This case truly is, from an informational standpoint, a basic case," Cohen said. "It comes down to three nights, 20-plus years ago, with no percipient witnesses, no forensics."

Cohen also raised questions about testimony the jury will hear at this retrial - denying the allegation that Masterson pulled out a gun during the alleged rape of Jane Doe 1.

Cohen told the jury that Jane Doe 2 wanted to date Masterson after her alleged rape. He also said Chrissie B. had consensual sex with Masterson months after the alleged rape.

Cohen also suggested that the accusers colluded in their stories by talking to one another about their experiences - and told jurors that the women defied an LAPD detective's order to not talk to one another or other potential witnesses about the case.

Got a tip? Email ABC7 Investigative Producer Lisa.Bartley@abc.com.