The judge in Harvey Weinstein's L.A. trial won't allow the defense to ask Mel Gibson about racist and antisemitic statements he has made over the years. But the defense can ask whether Gibson holds a grudge against Weinstein
Prosecutors want to call the actor to support the allegations of Jane Doe 3, who claims that Weinstein sexually assaulted her after she gave him a massage at his hotel in 2010. According to Deputy District Attorney Marlene Martinez, the woman later told Gibson about the incident during a massage, and Gibson’s testimony would help buttress her allegation.
“This created a feud between Mr. Gibson and Mr. Weinstein,” argued Mark Werksman, Weinstein’s attorney. According to the attorneys, Gibson told investigators that Jane Doe 3 had a “PTSD reaction” when he brought up the name “Harvey” during a massage. Gibson was talking about Weinstein in the context of a business deal. The woman stopped the massage, started crying and “gave the idea that Weinstein sexually assaulted or groped her,” Werksman said.
The court spent the first half of the day discussing Jane Doe 1, an Italian model who alleges that Weinstein raped her at the Mr C. hotel during the Los Angeles Italia Film Festival in February 2013. “I don’t believe there’s any case law that suggests they get to pile on fresh complaint witnesses in multiples,” Jackson said, later adding. “It dilutes the evidence. I think it’s a waste of time. I think it’s improper. I think it dilutes Mr. Weinstein’s due process.”
The “vague statement” is not a fresh complaint, Jackson argued: “None of those have the specificity to rise to a fresh complaint. It’s prejudicial.”
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