Actor Danny Masterson to face new trial after first jury deadlocked in Los Angeles rape case
Cohen said the hung jury in the first trial leaned toward not guilty on all three counts of rape. He says the jurors told him after the trial that none of them believed that a different presentation of the case by prosecutors could win a conviction in the case.
In response, Mueller pointed to the same post-trial conversation with the jury, but noted the foreperson said the jury "did not consider" some of the evidence and testimony presented, including the government's expert witness and the effect Scientology had on the behavior of the alleged victims."Not giving these victims another chance to put all of our evidence before a jury that considers all evidence - that would be an injustice," Mueller told the judge.
Olmedo read through a list of factors she considered before making her decision to deny the request for a dismissal of the charges. "The defense asserts that evidence and testimony will not be much different, and the conclusion will not likely be different," the judge said. "I find both conclusions speculative."
"The defense has not presented evidence to overcome any single factor," she said. "Recognizing that I have the discretion to dismiss, at this time, I decline to do so."Got a tip? Email ABC7 Investigative Producer [email protected].
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