Mel Gibson was given the go ahead to testify at the Harvey Weinstein trial because of learning information from one of Harvey’s accusers.
The judge passed his ruling on Friday in the rape and sexual assault trial of the former movie mogul.
66-year old Gibson was one of many witnesses and by far the best known, whose identities were revealed in Los Angeles Superior Court.
The judge and attorneys had taken a break from jury selection for motions on what evidence will be allowed at the trial, and who can testify. The witness list for the trial is sealed.
Judge Lisa B. Lench ruled that Gibson can testify in support of his masseuse and friend, who will be known as Jane Doe #3 at the trial.
Weinstein is accused of committing sexual battery by restraint against the woman, one of 11 rape and sexual assault counts in the trial against the 70-year-old.
Prosecutors said, “After receiving a massage from the woman at a California hotel in Beverly Hills in May of 2010, a naked Weinstein followed her into the bathroom and masturbated. Weinstein has pleaded not guilty, and denied any non-consensual sexual activity.”
Weinstein’s attorneys argued back, “We don’t feel Gibson should be allowed to testify. What he learned from the woman while getting a massage from her does not constitute a “fresh complaint” by the woman under the law by which Gibson would take the stand. A “fresh complaint” under California law allows the introduction of evidence of sexual assault or another crime if the victim reported it to someone else voluntarily and relatively promptly after it happened.”
Prosecutors said, “When Mr. Gibson brought up Weinstein’s name by chance, the victim had a traumatic response and Gibson understood from her that she had been sexually assaulted. Gibson did not remember the timing of the exchange, but the prosecution will call another witness, Allison Weiner, who remembers speaking to both Gibson and the woman in 2015.”
Judge Lench said Gibson’s testimony will depend on how the accuser describes the exchange with him when she takes the stand, and she may choose to rule against it at that time.
Weinstein attorney Mark Werksman argued, “If Gibson does take the stand, the defense should be allowed to cross-examine him about widely publicized antisemitic remarks Gibson made during an arrest in 2006, and about racist statements to a girlfriend that were recorded and publicized in 2010.”
However, Lunch said, “Mr. Gibson’s racism is not relevant to the trial, but I would allow questioning of whether he had a personal bias and animus toward Weinstein.”
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 evidence of Mr. Gibson’s racism or antisemitism would give rise to a bias against my client, who challenged him,” Werksman said.
The lawyer briefly, and mistakenly, said he thought the movie won a best picture Academy Award, but Weinstein, whose films once dominated the Oscars, shook his head as he sat at the defense table.
“Sorry, my client would know better than I would,” Werksman said. “But it was an award-winning movie.”
The defense also argued that Gibson was trying to whitewash his image by focusing on Weinstein’s wrongdoing and asserting himself as a champion of the #MeToo movement.
No Media coverage on this, it’s like it never happened, I guess when your’e a big Deocrat supporter, you get your privacy from the press. This is just another Democrat being shielded.