Prosecutors won’t call Mel Gibson to testify in Harvey Weinstein’s trial after all.
Gibson was allegedly brought to the stand to corroborate parts of a story by one Jane Doe in the case, who said she confided in Gibson after she was allegedly sexually assaulted by Weinstein.
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Jane Doe #3 was Gibson’s massage therapist. She told the jury that the “Braveheart” actor had become a good friend, so she told him about the alleged incident during an appointment. She said Gibson offered to help and asked if she wanted to call the police or find a lawyer.
“He was the first person I finally opened up to,” Jane Doe #3 said during her testimony earlier this month, crying in the stands.
Earlier in the trial, a journalist and producer, Allison Weiner, who is also friends with Gibson, testified to confirm that Jane Doe #3 had opened up to Gibson about Weinstein allegedly assaulting her. On the stand, Weiner explained that Gibson connected her to Jane Doe #3 in an effort to possibly help her and in 2015 they had an off-the-record phone call to talk about her story.
The judge had ruled at a pre-trial hearing that the actor could be called to testify by prosecutors, despite Weinstein’s defense opposing it. Weinstein’s lawyers raised racist and anti-Semitic remarks Gibson had made and the fact that Gibson had been ill-willed towards Weinstein since the release of “The Passion of the Christ,” which was criticized for playing on anti-Semitic themes.
“Someone with white supremacist values would have no problem committing perjury against a Jewish defendant,” Weinstein’s attorney, Mark Werksman, said in court last month. Weinstein’s company, Miramax Books, published a book in 2004 titled “Perspectives on the Passion of the Christ,” which challenged Gibson’s film. His attorney told the judge that “this started a feud between Mr. Gibson and Mr. Weinstein.”
The judge ultimately ruled that Weinstein’s attorneys could have asked Gibson about any animosity toward Weinstein, but she barred the defense from asking about Gibson’s racist and anti-Semitic statements, noting that it was irrelevant to Weinstein’s sexual assault case. .
Prosecutors confirmed that Variety in court on Wednesday that Gibson would not testify, but could not provide any further explanation. The prosecution is expected to rest their case this week.
Variety has reached out to Gibson’s publicist for comment.
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