in Support of Accuser at Harvey Weinstein Trial, Judge Rules
Mel Gibson will be permitted to testify in support of his masseuse and friend at the upcoming rape and sexual assault trial of Harvey Weinstein, a judge ruled Friday.
Judge Lisa B. Lench made the decision that Gibson, 66, can testify as a witness for Jane Doe No. 3 in the Los Angeles trial, per the Associated Press. The woman alleges that the disgraced movie mogul, 70, committed sexual battery by restraint against her, which marks one of 11 rape and sexual assault counts against Weinstein.
The woman claims that in 2010, she gave Weinstein a massage in a Beverly Hills hotel and then was followed by him into a bathroom where he masturbated, prosecutors allege. Weinstein has pleaded not guilty and denied the allegation.
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While the witness list for the trial is sealed, the AP reports that Gibson is the best-known name to perhaps be called to appear in the Los Angeles Superior Court. Weinstein's legal team argued that Gibson sharing what he learned from the woman does not equate to a "fresh complaint" under California law, which allows evidence of sexual assault to be introduced if a report was shared promptly and voluntarily after it happened. The judge disagreed, saying that she would allow Gibson to testify if other witnesses will have testified in the manner that prosecutors say they expect.
During a massage, when Gibson brought up Weinstein, prosecutors say the woman responded traumatically. Gibson does not remember when the exchange happened, per the AP, but another witness, Allison Weiner, remembered speaking to Gibson and the woman in 2015. Judge Lench may yet choose to rule against Gibson taking the stand, depending on how the woman describes her conversation with him.
The judge also determined that a conversation around Gibson's previous antisemitic and racist remarks would not be relevant to the trial after Weinstein attorney Mark Werksman said the defense should have the chance to cross-examine him.
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"Any evidence of Mr. Gibson's racism or antisemitism would give rise to a bias against my client, who challenged him," Werksman said, pointing to Gibson's depiction of Jewish people in his 2004 film The Passion of the Christ. However, the prosecution argued that Gibson wanting to get into a business deal around the time of his alleged conversation with the accuser would suggest otherwise.
Weinstein, who is currently serving a 23-year sentence for a 2020 conviction for rape and sexual assault in New York, was granted an appeal this August in the New York State of Appeals. His Los Angeles trial is expected to last eight weeks, with jury selection beginning Monday and opening statements taking place on Oct. 24.