Actor Mel Gibson can be called as a witness in the upcoming rape trial of producer Harvey Weinstein, a judge ruled Friday.
Prosecutors want Gibson to testify to support the claims of a woman known as Jane Doe 3, who claims she was sexually assaulted after she gave Weinstein a massage at his hotel in 2010, according to Variety.
Weinstein’s trial is currently in the process of jury selection and hearing pre-trial motions.
Deputy District Attorney Marlene Martinez said the woman told Gibson about the incident during a massage she gave Gibson.
Gibson had said Jane Doe 3 had a “PTSD reaction” when he brought up the name “Harvey.”
Judge Lisa B. Lench rejected arguments from Weinstein’s lawyers who did not want Gibson to testify.
Mark Werksman, who represents Weinstein, said Gibson should not be allowed to testify because he dislikes Weinstein, according to Deadline.
“Shortly after (Gibson’s film ‘The Passion of the Christ’) came out, Mr. Weinstein’s publishing company, Miramax Books, put out a book called ‘Perspectives on Passion of the Christ’ debunking the movie’s anti-Semitic overtones and false depiction of the Jews.”
Will the upcoming trial see more convictions for Weinstein?
“This created a feud between Mr. Gibson and [Mr.] Weinstein. Mr. Weinstein is Jewish … Mr. Gibson knew that,” Werksman said.
“Any evidence of Mr. Gibson’s racism or anti-Semitism would give rise to a bias against my client, who challenged him,” he said.
Lench and Werkman sparred over Werkman’s request that other comments from Gibson he called racist be allowed to be used.
“How is it relevant if he’s racist toward African Americans or Latinos?” Lench asked, according to Variety.
“It goes to his unwillingness to grant equal status to someone who is not of his ilk. He has a white-supremacist view,” Werksman said. “Someone with white-supremacist values might have no problem perjuring himself against a Jewish defendant.”
Lench said the defense could ask Gibson about animosity toward Weinstein, but not touch upon anti-Semitic remarks Gibson made in 2006.
“I’m not going to allow you to get into his other comments that may indicate his general demeanor about, as you say, ‘people who are not of his ilk,’” she said, according to Variety. “I will allow you to question him about whether or not there is personal animosity between the two of them.”
It is not a certainty that Gibson will testify, according to NPR.
Lench said whether Gibson can speak will depend on what Jane Doe 3 says when she testifies and how she describes her conversation with Gibson. She said depending on what Jane Doe 3 says, she could rule against Gibson testifying at that time.
The California trial focuses on 11 alleged attacks against five women between 2004 and 2013. Weinstein is currently serving a 23-year sentence stemming from his 2020 conviction in New York on charges of rape and sexual assault, according to Variety.
The trial is expected to begin on Oct, 23.
