Danny Masterson’s attorneys pounce on A&E’s plans for resurrecting an ‘Aftermath’ episode

Danny Masterson’s attorneys wasted no time reacting to the news that his accusers will be featured in an upcoming episode of A&E’s Leah Remini: Scientology and the Aftermath.

On Monday, we reported that the episode was being resurrected and has been scheduled to air on February 18 after it was originally filmed in 2017 for Remini’s second season, but was pulled at the request of the Los Angeles District Attorney’s Office.

The episode featured three women who allege that they were violently raped by the Scientologist actor, but the DA’s office asked Remini to hold it back as they considered the allegations. Now, more than two years since the investigation of Masterson began, DA Jackie Lacey still has yet to make a decision to file charges, even though her office has recommended that she do so.

What’s the hold up? One of Masterson’s accusers tells us that a member of the DA’s office admitted to her several months ago that Scientology’s involvement in the matter was the reason for the delay. “When I asked him what was taking so long, he said, ‘Scientology. Without going into it, that’s the only way to summarize it.’”

One person who noticed our story was Masterson’s attorney Andrew Brettler, who later that day sent an email to A&E about the network resurrecting the episode about his client…

Tony Ortega is reporting that AETN plans to air the Danny Masterson episode of Leah Remini’s anti-Scientology program on Feb. 18. When we last spoke about this (almost a year ago) you informed us that the episode would not air given the concerns we raised, the information we provided to you about the false and defamatory claims asserted against our client by several unreliable and biased sources, and the DA’s failure to prosecute Mr. Masterson, or charge him with any crime over the past 15+ years. Please advise.

Leah Remini has said on the record that the episode was held back because the DA’s office asked her to. But it’s interesting that Masterson’s attorney is claiming credit, saying that the episode was shelved because Danny’s attorneys threatened to sue. We sent an email yesterday to Brettler asking him about that discrepancy, and we’ll add his response if he gets back to us.

Brettler is an attorney at Lavely & Singer, whose member Marty Singer is a well-known lawyer to the rich and famous in Hollywood — including Leah Remini, who was his client for many years.

But that didn’t prevent Singer from representing Masterson and sending a previous letter to A&E threatening legal action if the episode aired, which might be what Brettler was referring to in the email he sent Monday.

We have obtained a copy of that May 3, 2017 letter by Marty Singer, calling on A&E to cease and desist its plans to even mention Masterson’s name on air. We thought you’d want to see what’s in it.

Remini’s former lawyer begins his salvo with a typically pugnacious opening…

Gentlemen: Our firm is litigation counsel to Danny Masterson and we are writing in regard to an upcoming episode of Leah Remini: Scientology and the Aftermath that contains outrageous, false, and defamatory allegations about Mr. Masterson (the “Episode”). We understand that A+E Television Networks, LLC (“AETN”) intends to broadcast the Episode produced by Slauson Productions, LLC (“Slauson”) and its parent company, The Intellectual Property Corporation (“IPC”), this summer to promote Ms. Remini’s anti-Scientology series. Be advised that if the defamatory Episode airs, AETN, Slauson, IPC and all others associated with its production and broadcast, including Ms. Remini, will be exposed to substantial liability.

Ms. Remini’s well-documented hatred for and unrelenting attacks on Scientology now appear to be focused on Mr. Masterson, as a means of advertising and promoting the AETN series in which she stars. Ms. Remini has relied on the outrageous claims from two individuals, Chrissie Carnell Bixler and [redacted], who alleged that Mr. Masterson sexually assaulted them on separate occasions more than 15 years ago. These allegations against Mr. Masterson are patently false and defamatory per se…Because the defamatory statements are defamatory on their face, Mr. Masterson would not need to prove special damages in any legal action against AETN and/or its production partners. The resulting multi-million dollar damages would be presumed in any litigation…

Actually, four separate women have come forward and are cooperating with the investigation, all four of them alleging that they were violently raped by Masterson between 2001 and 2004. (One of the women did report her allegations to the police at the time, coming forward to the LAPD in 2004 in a case that was closed but has now been reopened.) Their statements are corroborated by other witnesses, as well as some really interesting documents involving the Church of Scientology that surfaced during the two-year probe. But let’s get back to Marty’s broadside…

Further, AETN and its production partners cannot escape liability simply by claiming that they have so-called “sources” for the defamatory statements they intend to broadcast. It appears that AETN and the producers of the Episode simply took the words of Mss. Bixler and [redacted] at face value without examining the credibility of the women themselves. In reality, there are in excess of 20 witnesses, many of whom are not members of the Church of Scientology, who will confirm that both women’s stories about Mr. Masterson are completely false. Ignoring the facts and broadcasting the outrageous and defamatory allegations is one of the most reckless examples of journalism we have ever seen. Not even a supermarket tabloid would stoop to the level to which AETN and it production partners have lowered themselves. Publication and broadcast of the false and uncorroborated claims of Mss. Bixler and [redacted] will be attributed to AETN and the producers of the Episode, exposing all responsible parties to tens of millions of dollars in damages…

The potential damage to our client from the publication and broadcast of these unsubstantiated, reckless, and false claims by two women whose everchanging stories have been refuted and contradicted by numerous people is enormous. As you should be aware, Mr. Masterson has a successful acting career and he enjoys a reputation in the community of a caring and sincere individual. In addition, the new season of Mr. Masterson’s Netflix series is scheduled to premiere on June 16, 2017. The timing of the planned broadcast of the Episode raises questions about AETN’s and Ms. Remini’s motives and intentions. Further, Mr. Masterson’s wife underwent kidney transplant surgery three weeks ago. As she recovers over the next several months and is subject to continued testing and medical monitoring, AETN and its production partners should be mindful of the emotional distress that the intended broadcast of the Episode will cause her. For AETN to promote and air the Episode to coincide with the premiere of Mr. Masterson’s series and while his wife is recuperating appears to be calculated to maximize negative impact it will have on our client’s career and personal life. AETN and its production partners will be liable for all resulting damages.

Since this letter was written, Bijou Phillips seems to have healed up from her surgery. And Danny Masterson is no longer with his Netflix show. Although some people would like for him to be reinstated.

For all the reasons detailed below, Mss. Bixler and [redacted] are textbook examples of unreliable sources. It is deeply troubling that Ms. Remini, AETN, Slauson, and IPC have latched upon the fiction of these women to profit at our client’s expense. Regardless of whether Ms. Remini, AETN, Slauson, and/or IPC have paid or provided any monetary inducement to Mss. Bixler and [redacted] for their cooperation and/or participation in the Episode, or whether AETN and its production partners are simply using the women as pawns to promote the television series, any broadcast of the Episode containing the false and defamatory statements about Mr. Masterson would be reckless.

Broadcasting the Episode based on inherently unreliable information obtained from Mss. Bixler and /or [redacted] will give rise to substantial claims for defamation and false light invasion of privacy against Ms. Remini, AETN, Slauson, IPC, and any other individuals and entities associated with the production and broadcast of the series…Moreover, if AETN and its production partners use any still images or video footage of Mr. Masterson in the Episode they also will be exposed to liability for misappropriation of our client’s publicity rights…

The letter then goes into specific attacks on each of the two women: That they in fact were grateful for Masterson’s attentions, that they are only in it for the money — in other words, the usual attacks on women who come forward with sexual assault claims. (The women are not suing Masterson, and were not paid for their appearances on the ‘Aftermath’ episode.) Marty then winds up for his big finale…

This letter shall serve as notice that if the Episode containing any reference to Mr. Masterson airs on AETN, or elsewhere, our client will not hesitate to pursue all available legal and equitable claims and hold the network and producers fully accountable and liable for any and all damages, whether in the form of harm to Mr. Masterson’s reputation, lost future profits, and/or intentional infliction of emotional distress caused by the broadcast of these outrageous claims. We demand that AETN immediately cease and desist from broadcasting the Episode, as planned for this summer, and confirm as much in writing within 10 business days.

Do not underestimate the seriousness of this matter. If you broadcast the Episode, which accuses our client of multiple crimes, you will be exposed to damages well in excess of $20 million.

If you disregard this demand to immediately cease and desist from broadcasting the Episode, you do so at your own peril.

Please govern yourselves accordingly.

This letter does not constitute a complete or exhaustive statement of our client’s claims. Nothing stated herein is intended as, nor should it be deemed to constitute a waiver or relinquishment, of any of our client’s rights or remedies, whether legal or equitable, all of which are hereby expressly reserved.

Sincerely,

Martin D. Singer

So while DA Jackie Lacey is reportedly being held up by Scientology’s involvement in a case her full office is urging her to take to trial, Masterson’s own very high-priced attorneys are threatening to sue A&E for $20 million if they so much as mention his name.

Between those two attempts to silence them, you can understand why Masterson’s accusers are feeling battered and bruised after this two-year process.

 
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THE WHOLE TRACK

[ONE year ago] The new Freedom magazine is here, and Scientology has never looked better!
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[THREE years ago] How Scientology hooks public officials on its addictive anti-drug front
[FOUR years ago] L. Ron Hubbard fisticuffs! Scientology secrets unearthed in a new government disclosure
[FIVE years ago] ‘The Factors’: Another video the Church of Scientology would rather you not watch
[SIX years ago] Lawrence Wright’s Going Clear: We Don’t Think Scientology Is Going to Like This Book Much
[SEVEN years ago] Scientology’s Infinite Pit and Water Wall — More Crazy Rooms in the Super Power Building!

 
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Posted by Tony Ortega on January 17, 2019 at 07:00

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