Danny Masterson's last attempt to remain free from a prison cell following his conviction for rape has been denied by a Los Angeles Superior Court. According to Deadline, the judge who denied the bail made their reasoning quite clear.
"If defendant's conviction and sentence are upheld on appeal, he will likely remain in custody for decades and perhaps the rest of his life," Judge Charlaine Olmedo said in court Wednesday. "In light of the fact that defendant has no wife to go home to, defendant now has every incentive to flee and little reason to return to state prison to serve out the remainder of his lengthy sentence should his appeal be unsuccessful."
Masterson's divorce from his wife Bijou Phillips was revealed shortly after his conviction and sentencing. The judge behind the appeal decision was also the presiding judge over Masterson's rape trials, with the first ending in a mistrial and the second ending with the conviction.
"Defendant requests that this Court grant bail on appeal, and offers to comply with any relevant terms and conditions imposed by the Court that enable him to be an at-home parent and financial provider for his family, including house arrest and/or participation in an electronic monitoring program administered by the probation department," Masterson's request for bail read on Jan 18, also adding that he was not dangerous and "wasn't a flight risk."
Masterson's lawyer argued that they had new "exculpatory" evidence that wasn't presented to the jury in The Ranch star's initial trials. The appeal also seems to be coming as Masterson faces additional charges and the Church of Scientology faces RICO claims due to the actor's membership in the church and their involvement in the legal proceedings. They were never named in the criminal filings but were named in a civil harassment lawsuit filed by the victims and their families. This pending case seemed to seal the decision for Judge Olmedo.
"In addition to the change in his marital status, defendant's related civil lawsuit is now proceeding forward with litigation," Olmedo wrote. "Defendant failed to address or bring to this Court's attention the fact that the civil litigation is proceeding and that defendant may be responsible for significant financial obligations in the form of attorneys fees and a potentially large monetary judgement against him. This fact further undermines the significance of defendant's ties to the community and increases his risk of flight."
As it stands, Masterson has been convicted and sentenced to 30 years to life in prison for a pair of rape charges. He could be paroled in 20 years but his lingering court cases may cause that to not be an option.
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