LOS ANGELES (AP) — Mel Gibson can testify about what he discovered from one in every of Harvey Weinstein’s accusers, a decide dominated Friday within the rape and sexual assault trial of the previous film mogul.
The 66-year-old actor and director was one in every of many witnesses, and by far the most effective recognized, whose identities had been revealed in Los Angeles Superior Court docket. The decide and attorneys had taken a break from jury choice for motions on what proof can be allowed on the trial, and who can testify. The witness checklist for the trial is sealed.
Choose Lisa B. Lench dominated that Gibson can testify in assist of his masseuse and buddy, who can be referred to as Jane Doe #3 on the trial. Weinstein is accused of committing sexual battery by restraint in opposition to the lady, one in every of 11 rape and sexual assault counts within the trial in opposition to the 70-year-old.
Prosecutors mentioned that after getting a therapeutic massage from the lady at a California lodge in Beverly Hills in Could of 2010, a unadorned Weinstein adopted her into the toilet and masturbated. Weinstein has pleaded not responsible, and denied any non-consensual sexual exercise.
Weinstein’s attorneys argued in opposition to permitting Gibson to testify, saying that what he discovered from the lady whereas getting a therapeutic massage from her doesn’t represent a “contemporary criticism” by the lady below the legislation by which Gibson would take the stand. A “contemporary criticism” below California legislation permits the introduction of proof of sexual assault or one other crime if the sufferer reported it to another person voluntarily and comparatively promptly after it occurred.
Prosecutors mentioned that when Gibson introduced up Weinstein’s title by likelihood, the lady had a traumatic response and Gibson understood from her that she had been sexually assaulted. Gibson didn’t keep in mind the timing of the change, however the prosecution will use one other witness, Allison Weiner, who remembers talking to each Gibson and the lady in 2015.
Choose Lench mentioned Gibson’s testimony will rely upon how the accuser describes the change with him when she takes the stand, and she or he might select to rule in opposition to it at the moment.
Weinstein lawyer Mark Werksman then argued that if Gibson does take the stand, the protection must be allowed to cross-examine him about broadly publicized antisemitic remarks Gibson made throughout an arrest in 2006, and about racist statements to a girlfriend that had been recorded and publicized in 2010.
Lench mentioned a wider dialogue of Gibson’s racism was not related to the trial, however she would permit questioning of whether or not he had a private bias and animus towards Weinstein.
Werksman argued that Gibson had such a bias each as a result of Weinstein is Jewish, and since Weinstein printed a e book that criticized the depiction of Jews within the Gibson-directed 2004 movie, “The Ardour of the Christ.”
“Any proof of Mr. Gibson’s racism or antisemitism would give rise to a bias in opposition to my consumer, who challenged him,” Werksman mentioned.
The lawyer briefly, and mistakenly, mentioned he thought the film gained a finest image Academy Award, however Weinstein, whose movies as soon as dominated the Oscars, shook his head as he sat on the protection desk.
“Sorry, my consumer would know higher than I’d,” Werksman mentioned. “Nevertheless it was an award-winning film.”
The protection additionally argued that Gibson was making an attempt to whitewash his picture by specializing in Weinstein’s wrongdoing and asserting himself as a champion of the #MeToo motion.
The prosecution argued that Gibson had made no such solutions about himself, and that on the time of the dialog together with his masseuse he mentioned he was discussing getting right into a enterprise cope with Weinstein, displaying there was no such bias.
Deputy District Lawyer Marlene Martinez known as Gibson’s previous feedback “despicable,” however mentioned they’d no relevance for the slender functions he could be known as to the stand for.
Gibson’s testimony raises the prospect of two of Hollywood’s as soon as strongest males, who’ve undergone public downfalls, going through one another in court docket.
An electronic mail searching for remark from a consultant for Gibson was not instantly returned.
In one in every of a number of comparable rulings Friday, Lench additionally discovered that “Melrose Place” actor Daphne Zuniga might testify in the same capability for a girl recognized on the trial as Jane Doe #4, whom Weinstein is accused of raping in 2004 or 2005.
The Related Press doesn’t sometimes title individuals who say they’ve been sexually abused.
Weinstein is already serving a 23-year sentence for a 2020 conviction for rape and sexual assault in New York. The state’s highest court docket has agreed to listen to his enchantment in that case.
He was subsequently delivered to Los Angeles for a trial that started Monday, 5 years after ladies’s tales about him gave huge momentum to the #MeToo motion.
Friday’s arguments got here a day after the premiere of the movie “She Stated,” which tells the story of the work of the 2 New York Occasions reporters whose tales introduced Weinstein down.
Weinstein’s attorneys beforehand sought to have the Los Angeles trial delayed as a result of publicity from the movie would possibly taint the jury pool, however the decide denied their movement.
The trial is anticipated to final eight weeks. The decide and attorneys will return to the jury choice course of on Monday morning, and opening statements are anticipated to start on Oct. 24.