Harvey Weinstein’s rape and sexual assault trial judge determined on Friday (US time) that Mel Gibson can testify about what he learnt from one of Weinstein’s accusers.
Gibson’s testimony increases the likelihood that two of Hollywood’s former most influential men, who have suffered public setbacks, will face off in court.
One of numerous witnesses, and by far the most well-known, whose names were made public in Los Angeles Superior Court was the 66-year-old actor and filmmaker.
Gibson can testify in favour of his masseuse and friend, who will be referred to as Jane Doe #3, according to Judge Lisa Lench’s decision.
One of the 11 rape and sexual assault charges against Weinstein, 70, in his trial, is sexual battery by constraint against the lady.
According to the prosecution, in May 2010, after receiving a massage from the woman at a Beverly Hills hotel in California, Weinstein followed her into the bathroom and engaged in sex.
Weinstein has entered a not-guilty plea and refuted any extramarital sex.
Gibson’s testimony was rejected by Weinstein’s legal team on the grounds that what Gibson discovered while receiving a massage from the woman was not new evidence.
If the victim reported the crime fairly quickly, California law permits the incorporation of evidence of sexual assault or another felony in a new complaint.
Gibson’s testimony, according to Judge Lench, will depend on how the accuser describes their conversation.
Then, Mark Werksman, an attorney for Weinstein, claimed that if Gibson were to testify, the prosecution should allow the defence to question him about well reported antisemitic words he made while being detained in 2006 and about racial insults he made to a lover in 2010.
A broader discussion of Gibson’s racism, according to Lench, is not pertinent to the trial.
Werksman argued that Gibson had such a bias both because Weinstein is Jewish and because Weinstein published a book that criticized the depiction of Jews in the Gibson-directed 2004 film, “The Passion of the Christ. ”
Any proof of Mr. Gibson’s bigotry or antisemitism would lead to prejudice against my client, who pressed the issue, according to Werksman.
Additionally, the defence contended that Gibson was attempting to redeem himself by emphasising Weinstein’s misconduct and positioning himself as a leader of the #MeToo movement.
The prosecution contended that Gibson had not made any such remarks about himself and that, during the chat with his masseuse, he had stated that he was talking about doing business with Weinstein, demonstrating the absence of any such bias.
Gibson’s prior remarks, according to Deputy District Attorney Marlene Martinez, were “despicable,” but she claimed they had no bearing on the case.
After being found guilty of rape and sexual assault in New York in 2020, Weinstein has already completed completing a 23-year sentence. His appeal in that case will be heard by the state’s top court.
The judge and attorneys will return to the jury selection process on Monday morning, and opening statements are expected to begin on October 24..
Judge rules that Mel Gibson can testify in the Harvey Weinstein case.
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