Scientology tries again to intervene for Danny Masterson by resubmitting its amicus brief

[Dave, still pledging his support for Danny]

In December, we brought you the stunning news that the Church of Scientology had finally made obvious how much it still backs convicted serial rapist Danny Masterson by submitting an amicus brief in an attempt to help him win appeal and overturn his conviction.

We had barely brought you the entire language of that lengthy brief (which our expert, TX Lawyer, estimated church leader David Miscavige spent up to $500,000 on) when the Second Appellate District made it known that it wanted no part of Scientology’s tantrum. (The court also denied Dave’s alternate plan, a separate amicus filed by 14 other religious organizations.)

We know you’ve probably seen tabloid reports claiming that Miscavige and Scientology “declared” Danny Masterson a “suppressive person,” Scientology’s version of excommunication. But those reports were based on rumor, and Dave’s actions speak much louder. We had seen numerous moves by Masterson’s defense team and the church suggesting they were working together. But now, with the amicus brief, it was all out in the open. Danny has not been kicked out of Scientology, which is still working to get him out of prison.

David Miscavige wants to free Danny Masterson, because he believes Masterson’s conviction was a verdict against Scientology itself.

When the court refused to accept the amicus in December, it did so “without prejudice,” meaning that the Church could make another attempt to submit it in the future. But it didn’t give any reason for why it had refused to accept the document.

And that’s pretty plain reading the new application, which Scientology submitted on Friday. Without knowing why the first version didn’t fly, the new application says that the church has cut down the length of the amicus, but it sounds like the document itself is pretty much what they submitted earlier.

(The court told us that until a decision is made whether to accept the new amicus or not, we can’t have a copy of it yet.)

We think the application itself is pretty interesting, and so we’re presenting it here for you to look at, in full.

The important thing, of course, is that Dave continues to spend big bucks on attorneys in an attempt to get Scientologist celebrity Danny Masterson, a convicted serial rapist serving 30 years to life, freed from prison.

Last time, the Underground Bunker was the only news organization that said anything at all about Scientology submitting an amicus brief for Masterson’s appeal. It stunned us, considering how many outfits have been writing about other aspects of Masterson’s direct appeal and his habeas petition. Why? Why would other news organizations not think it important that David Miscavige spent up to half a million dollars to make it obvious that he’s still backing Masterson and wants to get him freed from prison with a rant about religious “freedom”?

Will anyone besides the Bunker say something about this new amicus brief this time?

Well, here’s the new application. We look forward to your thoughts.

APPLICATION FOR LEAVE

Amicus Curiae Church of Scientology International (the “Church”) seeks leave to file this revised proposed amicus brief to help the Court resolve the profound religious-liberty issues presented in this case.

Although the Court previously denied the Church’s request to file an amicus brief “without prejudice,” the Court did not explain what might cause it to reconsider. Accordingly, the Church has shortened the proposed amicus brief. The new proposed brief should be accepted for filing because the Church, a non-party to this criminal proceeding, was in many ways put on trial, as even the Los Angeles Times recognized.

[1. James Queally, Scientology Looms Large, as Jurors to Decide Danny Masterson’s Fate in Second Rape Trial, LA Times (May 16, 2023), https://tinyurl.com/u5zc4942 (“The controversial faith is not a defendant in Masterson’s second trial on rape charges. But its doctrines, the behavior of its members and even a church attorney have loomed over two weeks of testimony.”)]

The filing of this amicus brief is the Church’s only avenue to correct the record of false statements made about Church doctrine during trial, protect its own First Amendment rights to be the sole authority on its religious doctrine, and ensure that no other religion is ever again attacked by a trial court’s overt hostility.

During trial, the Church’s and Masterson’s First Amendment rights were repeatedly infringed by the trial court and other government actors in their treatment of Masterson’s faith. The Church submits this brief (which supports vacatur of the judgment) to explain in more depth both its own beliefs and doctrines—which were repeatedly misstated by the court, prosecutors, and witnesses below—and the reasons why those mischaracterizations and other attacks on Masterson’s faith not only prejudiced him but violated the First Amendment.

This brief will assist the Court because the Church alone can provide an authoritative declaration—as it does here—of the Scientology doctrines that were misconstrued by various state actors during the proceedings below. This brief also provides greater insight and analysis, beyond what the parties have presented, on the nature and scope of the First Amendment violations committed there.

[2. No party or counsel, other than Amicus and its listed counsel, made any monetary contribution intended to fund the preparation or submission of the brief, or authored the brief in whole or part.]

The Church knows of no other criminal trial in California history in which a court permitted a hostile witness to testify as an “expert” about a church’s ecclesiastical views in a manner contrary to the church’s own statement of its doctrine.

We are also unaware of any criminal trial where such overt hostility was shown by the court to a minority religion and its members. Given the unprecedented nature of the testimony and rulings below, the delegation to a jury of the right to decide questions of faith, and other hostility shown by the trial court toward the Church, this Court should accept the proposed amicus brief for filing. See Cal. R. Ct. 8.200(c)(1) (“For good cause, the presiding justice may allow later filing.”). The Church has no other way to protect its own vital First Amendment rights.

If the Court denies leave to file this amicus brief a second time without prejudice, the Church respectfully asks for clarification as to the reason for the denial so that it may refile the amicus brief in a manner the Court will accept.

Dated: May 8, 2026

Respectfully submitted,

Alyssa D. Bell, COHEN WILLIAMS LLP

Gene C. Schaerr, James C. Phillips, SCHAERR | JAFFE LLP

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Bonus items from our tipsters

Meanwhile, in Clearwater…

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The HowdyCon agenda update!

We’re excited to announce Geoff Levin will be joining us as a speaker at this year’s HowdyCon. His documentary, Brothers Broken was recently released on all major streaming platforms and we’re looking forward to hearing from him in September.

The agenda has been updated to reflect Geoff’s addition to the line up, which you can view here.

Second release tickets will be available soon. If you missed out on the first round, make sure you join the waitlist to be first in the know.

And finally, HowdyCon 2026 is being organized in support of the Michael J. Rinder Aftermath Foundation. We’ll be holding a silent auction to raise funds and we’re looking for items Bunker readers would be willing to donate. Whether it’s an old e-meter or handmade jewellery, if you’d like to contribute send us an email.

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Source Code: Actual things founder L. Ron Hubbard said on this date in history

Avast, Ye Mateys: Snapshots from Scientology’s years at sea

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