Heavy D., Jamie Foxx, Sean “P. Diddy” Combs, Ashton Kutcher, Danny Masterson and Wilmer Valderrama (Photo by Jon Kopaloff/FilmMagic)

In his 246-page appellant opening brief, Danny Masterson realleges his original and unsuccessful claim that his victims are only in it for the money.

Masterson’s attorneys argue that his victims changed their narrative of being drugged and raped by the actor over many years. The prosecutor, Masterson’s lawyers write, argued that this is how human memory works.

Masterson’s attorneys counter by stating that this is not a case of human memory but of greed.  Masterson is making a bizarre and tortured argument: His victims had to get him criminally convicted in order to reopen their civil lawsuits seeking financial damages:

But there was another explanation that was grounded in the time honored motive of financial self-interest. This motive involved both the civil and criminal statutes of limitation. On the civil side, the statute of limitations to file a lawsuit against Mr. Masterson seeking damages for rape had long since expired by the time of trial.

Under state law, however, if jurors convicted Mr. Masterson of rape in a criminal prosecution, the civil statute of limitations would be revived and both J.B. and N.T. would have one year to seek monetary damages for rape.

But this one-year window of opportunity to file for civil damages would open only if Mr. Masterson were convicted of forcible rape involving multiple victims. This is because the charged offenses occurred in 2003.

Typically, the criminal statute of limitations for rape is ten years. But here, the prosecution offered an interpretation of the law which could avoid this potential bar. Under the prosecution’s theory, so long as Mr. Masterson was convicted of forcible rape of multiple victims within the meaning of Penal Code section 667.61, subdivision (e)(4) — as opposed to any other form of rape (e.g. rape by intoxication) — there was no statute of limitations bar and the criminal prosecution could go forward.

And if the criminal prosecution went forward, and the jury convicted of at least two counts of forcible rape, then N.T. and J.B. would be able to sue for damages.

Masterson’s attacks on his victims did not work when he made them almost five years ago. 

The Hollywood Reporter – February 3, 2020:

Danny Masterson wants a Los Angeles judge to toss a complaint from his ex-girlfriends that he argues is filled with “paranoid delusions” and only targets him to get media attention. Chrissie Carnell Bixler, Marie Riales and two Jane Does in August sued the actor and the Church of Scientology, claiming they were stalked and harassed after filing sexual assault reports with the LAPD. In January, Bixler (along with her husband who is also a plaintiff) published a series of Instagram posts claiming she had to put down their dog after it ingested rat poison that had been wrapped in raw meat that was put in their yard.

Masterson’s 246-page opening brief: