A year and a half after Danny Masterson was convicted of rape, lawyers for the former That ’70s Show star have finally filed an appeal on his 30 years sentence.

“It is true, of course, that a defendant is not entitled to a perfect trial,” Masterson’s attorneys argue. “He is, however, still entitled to a fair one. Danny Masterson received neither. Reversal is required.”

In a 244-page opening brief submitted to the second appellate district, division two yesterday but not yet formally in the docket, Cliff Gardner and Lazuli Whitt are throwing everything and the Scientology sink at the court for their  incarcerated client’s “complete exoneration.” However, amidst claims Masterson’s rights were violated by the inclusion of alleged Scientology doctrine as context for the long-time Church member’s actions before, during and after the sexual assaults, “falsified” testimony by the “complaining witnesses,” and judicial error, this appeal really all comes down to cold, hard cash.

“At the time of trial, the complaining witnesses had a pending civil lawsuit against Mr. Masterson for damages arising from what they alleged was harassment that occurred after they came forward against him in 2017,” the appeal states, repeatedly of “the credibility of the complaining witnesses,” as Masterson’s ex-girlfriend J.B. and fellow defendant/ex-fellow Scientologist N.T. are called.

“Although the civil lawsuit referred to the facts regarding the long past sexual encounters, it did not allege any cause of action (or seek damages) for rape because (as noted above) the civil statute of limitations had long since expired,” the filing in California court from the defense appeal attorneys states.

“The trial court excluded evidence showing that if the complaining witnesses obtained forcible rape convictions against Mr. Masterson, state law would provide a new, one-year window within which they could file rape-based causes of action, entitling them to a dramatically greater damage award than the existing lawsuit for harassment damages, they added. “And predictably, within one year of the criminal verdict, both J.B. and N.T. moved to amend their pending lawsuit to do just that.”

“The trial court’s ruling is irreconcilable with more than a century of California law recognizing the common-sense principle that a witness’ financial stake in the outcome of trial is plainly relevant to credibility,” the appeal says in the closest to a summary it offers for what is admittedly a complex document and perspective.

Behind bars at the medium and minimum-security facility of California’s Men’s Colony in San Luis Obispo, Masterson is a co-defendant in that 2019-filed civil case by J.B., N.T, as well as members of their families and others. They are alleging the Church of Scientology harassed them and after the women went to police with their sexual assault claims. Including a failed 2022 attempt to get the US Supreme Court to intervene, the Church has tried nearly path possible to get the partially stayed case dismissed or taken behind closed doors for arbitration. In the civil case against the  David Miscavige-led organization and bailed denied Masterson, the  plaintiffs even sought to have Scientology named a “criminal enterprise” due to its “pattern of racketeering activity.”

That civil case is set to go to trial in LA Superior Court later this year.

Out on bail of $3 million until May 31, 2023  when the guilty verdict in his second trial on two of three counts of sexual assault was delivered, Masterson was arrested in 2020 over the alleged assaults that occurred between 2001 and 2003 in his Hollywood Hills house. The prominent Scientology member was looking at up to 45 years behind bars if found guilty on all three rape counts in the first trial and the subsequent retrial. He was sentenced to three decades of being locked up by LASC Judge Charlaine Olmedo on September 7 last year. Masterson was immediately taken into custody at that time, and later denied bail as a “flight risk.”

 In November 2023, defense attorneys filed a notice of appeal – of which this week’s document is the natural successor.

Having come off civil filings earlier this year that at least one of the Assistant District Attorneys who prosecuted the two Masterson trials were subjected to a “campaign of harassment and intimidation” by Scientology, and more recently, that jurors in the case had suffered “unwanted contact” from agents of the defense, the December 18 appeal appears to be attempting to flip the narrative as much as it is to argue for legal reconsideration for its client.

It also is part of a larger package of judicial review, as Menendez brothers lawyer Gardner explained Thursday: “The appeal represents only one part of Danny’s challenge to his convictions. Danny’s habeas lawyer will be following up on the opening brief with a Petition for Writ of Habeas Corpus documenting additional defects in the trial process.”

Quickly was fired from the Netflix comedy The Ranch at the end of 2017 as the assault claims became known, and was excluded from the more recent That ’90s Show revival, Masterson has insisted he is not guilty and that sex with the three Jane Does cited in his trials was consensual. While not a formal defendant in the criminal case, the Church of Scientology and its role in allegedly seeking to cover up the rapes and punish the victims were frequently brought up in both trials – as they were from a different POV in this week’s appeal.

The LA County D.A.’s office did not respond to request for comment from Deadline on the appeal. If Nathan Hochman’s team does have something to say on the Masterson appeal, this post will be updated.