Mel Gibson can testify in Harvey Weinstein’s Los Angeles trial, judge says - The Guardian

Mel Gibson tin attest astir what helium learned from 1 of Harvey Weinstein’s accusers, a justice ruled connected Friday successful the rape and intersexual battle trial of the disgraced movie mogul.

The 66-year-old histrion and manager was 1 of galore witnesses whose identities were revealed successful Los Angeles superior court. The justice and attorneys had taken a interruption from assemblage enactment for motions connected what grounds volition beryllium allowed and who tin testify. The witnesser database is sealed.

The judge, Lisa B Lench, ruled that Gibson tin attest successful enactment of his masseuse and friend, who volition beryllium known arsenic Jane Doe No 3.

Weinstein, 70, is accused of committing intersexual artillery by restraint against the woman, 1 of 11 rape and intersexual battle counts in the trial.

Prosecutors accidental that aft getting a massage from the pistillate astatine a edifice successful Beverly Hills successful May 2010, a bare Weinstein followed her into a bath and masturbated.

Weinstein has pleaded not blameworthy and denied immoderate non-consensual intersexual activity. His attorneys argued against allowing Gibson to testify, saying what helium learned from the pistillate portion getting a massage does not represent a “fresh complaint” nether the instrumentality by which Gibson would instrumentality the stand.

A “fresh complaint” nether California instrumentality allows the instauration of grounds of intersexual battle oregon different transgression if the unfortunate reported it to idiosyncratic other voluntarily and comparatively promptly.

Prosecutors said that erstwhile Gibson brought up Weinstein’s name, the pistillate had a traumatic effect and Gibson understood she had been sexually assaulted. Gibson did not retrieve the timing of the speech but the prosecution volition usage different witness, Allison Weiner, who remembers speaking to Gibson and the pistillate successful 2015.

Judge Lench said Gibson’s grounds volition beryllium connected however the accuser describes the speech erstwhile she takes the stand, and she whitethorn regularisation against it astatine that time.

A Weinstein attorney, Mark Werksman, argued that the defence should beryllium allowed to cross-examine Gibson astir wide publicized antisemitic remarks during an apprehension successful 2006, and astir racist statements publicized successful 2010.

Lench said treatment of Gibson’s racism was not applicable to the proceedings but she would let questioning of whether helium had a idiosyncratic bias and animus toward Weinstein.

Werksman argued that Gibson had specified a bias some due to the fact that Weinstein is Jewish and due to the fact that Weinstein published a publication that criticized the depiction of Jews successful Gibson’s 2004 movie The Passion of the Christ.

“Any grounds of Mr Gibson’s racism oregon antisemitism would springiness emergence to a bias against my client, who challenged him,“ Werksman said.

The lawyer mistakenly said the movie won a champion representation Oscar. Weinstein, whose films erstwhile dominated the Oscars, shook his caput astatine the defence table.

“Sorry, my lawsuit would cognize amended than I would,“ Werksman said. “But it was an award-winning movie.”

The defence besides argued Gibson was trying to whitewash his representation by focusing connected Weinstein and asserting himself arsenic a champion of the #MeToo movement.

The prosecution argued that Gibson had made nary specified suggestions, and that astatine the clip of the speech with his masseuse was discussing getting into a concern woody with Weinstein, showing determination was nary bias.

Marlene Martinez, a lawman territory attorney, called Gibson’s past comments “despicable” but said they had nary relevance for wherefore helium would beryllium called to the stand.

Gibson’s grounds raises the imaginable of 2 men, erstwhile among the astir almighty successful Hollywood but who person undergone nationalist downfalls, facing each different successful court.

An email seeking remark from a typical for Gibson was not returned.

Lench besides recovered that the Melrose Place histrion Daphne Zuniga could attest successful a akin capableness for a pistillate known astatine proceedings arsenic Jane Doe No 4, whom Weinstein is accused of raping successful 2004 oregon 2005.

Weinstein is serving a 23-year condemnation for a 2020 condemnation for rape and intersexual battle successful New York. That state’s highest tribunal has agreed to perceive his appeal. He was brought to Los Angeles for the proceedings that began Monday, 5 years aft women’s stories astir him gave momentum to the #MeToo movement.

Friday’s arguments came a time aft the premiere of the movie She Said, which tells the communicative of the 2 New York Times reporters whose stories brought Weinstein down. Weinstein’s attorneys sought to person the LA proceedings delayed due to the fact that publicity from the movie mightiness taint the assemblage pool. The justice denied their motion.

The proceedings is expected to past 8 weeks. The justice and attorneys volition instrumentality to assemblage enactment connected Monday. Opening statements are expected connected 24 October.