Mel Gibson can testify at Harvey Weinstein trial, judge says

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A judge has ruled that Mel Gibson can testify about what he learned from one of Harvey Weinstein’s accusers.

FILE - Mel Gibson arrives at the 89th Academy Awards Nominees Luncheon in Beverly Hills, Calif., Feb. 6, 2017. Gibson can testify at the rape and sexual assault trial of Harvey Weinstein about one of Weinstein's accusers, whose story Gibson learned part of prior to 2015, a judge ruled Friday, Oct. 14, 2022.

Weinstein's attorneys argued against allowing Gibson to testify, saying that 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.

Weinstein attorney Mark Werksman then argued that 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. “Any evidence of Mr. Gibson’s racism or antisemitism would give rise to a bias against my client, who challenged him," Werksman said.

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.

 

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