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That sort of appeal has a close to 100% failure rate. How do you know he hasn't tried that and gotten nowhere? On top of that, he'd need to hire new lawyers, which is bound to be slow if he can even manage it.
Man I'm reading this whole thread trying to find out what he did and how they nailed him, yet I'm not finding any more info. Really surprising such an old case and he gets hammered this hard.
They had the testimony of three victims who gave detailed descriptions of the rapes. And he did not testify in his defense to refute their testimony. Typical rape cases are difficult to prosecute when it is the victim's word against the accused's. In this case, there were three women with very similar stories, and he was silent.
If Masterson was brainwashed by the Church of Scientology and they appointed a lawyer who turned him into their sacrificial lamb, one would think that he could plausibly play the victim card. If the government was interested in going after the bigwigs at the CoS, he might be able to get a good deal. Masterson is not particularly important in the grand scheme. A case against the CoS that would finally take down someone big, whether the head of the CoS or a big celebrity like Tom Cruise would be amazing. Even better would be to dismantle the whole rotten enterprise.