Judge Olmedo refers Danny Masterson appeal lawyers to the Bar for juror contacts

At a hearing in Los Angeles this morning, Judge Charlaine Olmedo let Danny Masterson’s appeals lawyers know just how unhappy she was with their contacts with jurors from the trial that sent Masterson to prison last year. Meghann Cuniff was there this morning and let us know what happened…

Los Angeles County Superior Court Judge Charlene Olmedo is referring Danny Masterson’s appellate attorneys Cliff Gardner and Eric Multhaup and their investigator to the California State Bar for possible discipline related to their contacts with jurors who convicted Masterson of rape last year.

Olmedo this morning rejected Deputy District Attorney Reinhold Mueller’s request for an evidentiary hearing, because she said she didn’t believe she can hold one while the case is on appeal.

Mueller said jurors deserve to know how attorneys obtained their information so they’re not wondering about it if they’re called for jury duty again.

Olmedo said the jury foreperson has written a new letter saying that Masterson’s trial attorney Shawn Holley did nothing wrong when contacting her. The juror wrote the letter after a Los Angeles Times article, and it “specifically indicated there was no misconduct or harassment by Ms. Holley in any way.” (As the Bunker pointed out in its story breaking the news of the juror contacts, Holley reached out to a juror only a month after the trial in 2023, but then earlier this year jurors complained to the court about the appellate team showing up at their homes.)

The issue, the judge said, is not about Holley, a trial attorney, but about the appellate team’s contacts, including investigator Lynda Larsen.

Hearing that, Masterson’s other trial lawyer Philip Cohen told Holley, “I’m not trying to be flippant, but I don’t know why I’m here.”

Olmedo said she wanted to ensure she didn’t engage in ex parte communication, then she allowed Cohen, wearing a burgundy suit and gray three-piece, to leave the courtroom. Holley said she wanted to stay to "see how this unfolds."

Holley gave Olmedo copies of screenshots of her correspondence with the juror she reached out to in 2023 and said she was “perfectly upfront about who I am.” She said she was disappointed Mueller didn’t check with her before filing for an evidentiary hearing.

“It’s just very disappointing to me as a colleague that he would not contact me,” Holley said, because “I’ve done nothing wrong.”

Multhaup said contacting jurors to determine if misconduct occurred during the trial is a “legitimate and important goal,” but Olmedo said the concern is how the communications took place. The judge focused on an alternate juror’s statement that the investigator said “So you refuse to participate?” when she said she didn’t want to talk.

Multhaup said Larsen didn’t have a chance to tell the woman she didn’t have to talk, but Olmedo took issue with the wording of Larsen’s question.

She said Larsen “implied there should have been some participation,” which is contrary to California law.

“She should have said, ‘You have an absolute right not to talk to me if you don’t want to,’” Olmedo said.

Olmedo noted that the alternate is a court reporter whose job “literally is to take down accurately the words that are said and be clear on the meaning of those words.” Given that, Olmedo said she “puts great stock” in the exact words the alternate said Larsen used.

Olmedo told Mueller, "I certainly understand your concerns, but the case law is pretty clear as I laid out in my letter to all sides, this court has very limited jurisdiction as it relates to handling matters" with the case on appeal.

She can, however, refer attorneys to the state bar, which she said she'd do with Gardner, Multhaup and Larsen.

— Meghann Cuniff

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