Mel Gibson Can Testify at Harvey Weinstein Trial, Judge Says

Mel Gibson arrives at the 89th Academy Awards Nominees Luncheon in Beverly Hills, Calif., Feb. 6, 2017. (AP)
Mel Gibson arrives at the 89th Academy Awards Nominees Luncheon in Beverly Hills, Calif., Feb. 6, 2017. (AP)
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Mel Gibson Can Testify at Harvey Weinstein Trial, Judge Says

Mel Gibson arrives at the 89th Academy Awards Nominees Luncheon in Beverly Hills, Calif., Feb. 6, 2017. (AP)
Mel Gibson arrives at the 89th Academy Awards Nominees Luncheon in Beverly Hills, Calif., Feb. 6, 2017. (AP)

Mel Gibson can testify about what he learned from one of Harvey Weinstein’s accusers, a judge ruled Friday in the rape and sexual assault trial of the former movie mogul.

The 66-year-old actor and director 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 that after getting 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 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.

Prosecutors said that when Gibson brought up Weinstein’s name by chance, the woman 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 use 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 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.

Lench said a wider discussion of Gibson’s racism was not relevant to the trial, but she 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.

The prosecution argued that Gibson had made no such suggestions about himself, and that at the time of the conversation with his masseuse he said he was discussing getting into a business deal with Weinstein, showing there was no such bias.

Deputy District Attorney Marlene Martinez called Gibson’s past comments “despicable,” but said they had no relevance for the narrow purposes he would be called to the stand for.

Gibson’s testimony raises the prospect of two of Hollywood’s once most powerful men, who have undergone public downfalls, facing each other in court.

An email seeking comment from a representative for Gibson was not immediately returned.

In one of several similar rulings Friday, Lench also found that “Melrose Place” actor Daphne Zuniga could testify in a similar capacity for a woman known at the trial as Jane Doe #4, whom Weinstein is accused of raping in 2004 or 2005.

The Associated Press does not typically name people who say they have been sexually abused.

Weinstein is already serving a 23-year sentence for a 2020 conviction for rape and sexual assault in New York. The state’s highest court has agreed to hear his appeal in that case.

He was subsequently brought to Los Angeles for a trial that began Monday, five years after women’s stories about him gave massive momentum to the #MeToo movement.

Friday’s arguments came a day after the premiere of the film “She Said,” which tells the story of the work of the two New York Times reporters whose stories brought Weinstein down.

Weinstein’s attorneys previously sought to have the Los Angeles trial delayed because publicity from the film might taint the jury pool, but the judge denied their motion.

The trial is expected to last eight weeks. The judge and attorneys will return to the jury selection process on Monday morning, and opening statements are expected to begin on Oct. 24.



Animated Films Seek to Find a Place in Best Picture Oscar Race

This image released by Disney shows characters Afia, voiced by Anika Noni Rose, left, Mufasa, voiced by Braelyn Rankins, center, and Masego, voiced by Keith David, in a scene from "Mufasa: The Lion King." (Disney via AP)
This image released by Disney shows characters Afia, voiced by Anika Noni Rose, left, Mufasa, voiced by Braelyn Rankins, center, and Masego, voiced by Keith David, in a scene from "Mufasa: The Lion King." (Disney via AP)
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Animated Films Seek to Find a Place in Best Picture Oscar Race

This image released by Disney shows characters Afia, voiced by Anika Noni Rose, left, Mufasa, voiced by Braelyn Rankins, center, and Masego, voiced by Keith David, in a scene from "Mufasa: The Lion King." (Disney via AP)
This image released by Disney shows characters Afia, voiced by Anika Noni Rose, left, Mufasa, voiced by Braelyn Rankins, center, and Masego, voiced by Keith David, in a scene from "Mufasa: The Lion King." (Disney via AP)

"Inside Out 2" was the highest grossing film of 2024 and is the highest grossing animated film of all time, but it was shut out of the best picture Oscar race along with acclaimed animated films "The Wild Robot" and "Flow."
Animated filmmakers now aim to be included to the best picture race after being shut out for several years.
"In general, animation is just in its little corner on its own, so we'd love to champion it to be considered for best film," said Merlin Crossingham, who co-directed "Wallace and Gromit: Vengence Most Fowl."
Among the top 10 grossing films in 2024, five were animated sequel movies: Disney's "Moana 2" and "Mufasa: The Lion King," Universal Pictures' and DreamWorks' "Kung Fu Panda 4," and Universal Pictures "Despicable Me 4," Box Office Mojo said.
"I think more and more that we're being considered in that area, it's a little bit of a glass ceiling for us," said Bonnie Arnold, veteran film executive who worked for Disney Animation, Pixar Animation and DreamWorks Animation.
While there have been some animated films nominated for best picture, including "Beauty and the Beast" in 1991, "Up" in 2009 and "Toy Story 3" in 2010, they have been overlooked in recent years.
There is a stigma that animated films are just for children, rather than audiences of all ages.
Arnold also said that while animated theatrical releases are frequently family-oriented in her opinion, versus adult animation with a stronger streaming presence, she does not believe family inclusive elements limit audience.
By contrast, "Inside Out" director Peter Docter believes that sometimes animated films do not meet the expectations of a best picture contender due to low humor.
"There is a certain caliber that people are looking for in a best picture, so we gotta step it up," Docter told Reuters.
Breaking those barriers, Screen Australia's adult stop-motion animated film "Memoir of a Snail" is the second R-rated animated film ever to receive an Oscar nomination.
The movie follows a girl named Grace growing up in 1970s Melbourne, Australia, as she uses an obsession with snails to cope with the traumas of life.
LANDING HIGH SCORES
The 2024 Disney and Pixar movie "Inside Out 2" crossed the $1 billion mark at the worldwide box office in less than three weeks of its release, reaching that level in the fastest time of any animated film in history.
"Inside Out 2" is a sequel to Docter's 2015 film, which follows five humanoid emotions inside the mind of a girl named Riley.
For "Inside Out 2" director Kelsey Mann, the sequel was successful due to encouragement from Docter.
"He (Docter) said 'the sooner you start thinking of this film as an original, the better off you're going to be' and I really took that to heart," Mann added.
By contrast, the DreamWorks Oscar contender "The Wild Robot" introduces a new cinematic story based on a 2016 novel, written and directed by industry veteran Sanders.
"The Wild Robot" has received high acclaim, including a 97% on review aggregator Rotten Tomatoes.
The movie follows a service robot named Roz who is shipwrecked on an island, eventually becoming the adoptive mother to an orphaned goose.
For Sanders, who worked on successful animated films "Lilo and Stitch" and "How to Train Your Dragon,The Wild Robot" was an opportunity to revisit raw aesthetics.
"The Wild Robot" incorporated "beautiful painted characters and painted backgrounds" that do not tend to make it into CGI movies.
LATVIA'S 'FLOW' IS CONTENDER
One film that has become an unexpected contender is the Latvian independent animated film, "Flow."
The movie is a standout in the 2024 season having no dialogue.
"Flow" follows a cat that finds refuge on a boat along with other animals that work together after a flood has destroyed their homes.
"Flow" entered the Oscar race after big studio films like "Inside Out 2,Moana 2" and "The Wild Robot," which all had higher box office numbers, lost the Golden Globe to the small independent film.
The "Flow" team transformed its smaller budget into a best international film Oscar nominee, getting rare recognition for an animated film within two major categories and making history with the first Oscar nominations for Latvia ever.
Despite obstacles, animation filmmakers are hopeful for the future.
The "Chicken Run" filmmakers noted progress with the BAFTA (British Academy of Film and Television Arts) nomination for Best British Film that put "Wallace and Gromit" up against live-action films.
"Wallace and Gromit" has a 100% score on Rotten Tomatoes.