Mel Gibson Ruled As Possible Prosecution Witness For LA Trial Against Harvey Weinstein

Academy Award-winning filmmakerMel Gibson will be allowed to testify during the Harvey Weinstein trial, per a judge's ruling this week. Per The Hollywood Reporter, Judge Lisa B. Lench ruled in the Los Angeles Superior Court that Gibson could testify on behalf of his masseuse and friend, identified as Jane Doe #3, during the trial.

Judge Lench ruled this week that Gibson will be able to testify on what he learned from one of Weinstein's accusers. His name was revealed during motions on what evidence will be allowed at Weinstein's upcoming Los Angeles trial. Disgraced movie producer Weinstein is currently accused of multiple counts of rape and sexual assault.

THR reports that after taking a break from the jury selection, the attorneys and judge for the case decided on what evidence will be allowed for the trial and which witnesses will be allowed to testify. The final witness list is reportedly sealed.

Per the ruling, Gibson can testify in support of one of Weinstein's accusers, Jane Doe #3, during the trial. Weinstein faces charges of committing sexual battery by restraint against Doe #3. Weinstein has pleaded not guilty and denied any non-consensual activity with the alleged victim.

Attorneys for Weinstein attempted to argue against Gibson's testimony, saying what he heard from the woman while getting a massage from her does not constitute as a "fresh complaint" by the law that would allow Gibson to take the stand during the trial. Under California law, a "fresh complaint" is the introduction of evidence of sexual assault or another crime if the victim reported it to someone else voluntarily and relatively soon after it took place.

However, the prosecutors stated when Gibson brought up Weinstein's name to the alleged victim, she had a "traumatic response," and Gibson understood from her that she had been sexually assaulted by Weinstein. According to the report, Gibson did not remember the time frame of the exchange, but another witness for the prosecution, Allison Weiner, is said to remember speaking to both Gibson and the woman about the act in 2015.

THR reports that Judge Lunch ruled that Gibson's testimony will depend on how Weinstein's accuser describes the exchange with Gibson when she takes the stand. Additionally, Judge Lench stated that she might choose to rule against it at that time.

During the trial motions, Weinstein's lawyer Mark Werksman argued that if Gibson does take the stand during the trial, the defense's side should be granted the ability to cross-examine Gibson regarding his infamous, and widely publicized antisemitic remarks when he was arrested back in 2006, along with racist statements made to his girlfriend that were recorded and leaked to the media in 2010.

However, Judge Lench reportedly shot down that motion, noting that a discussion regarding Gibson's racism was not relevant to Weinstein's trial. However, Judge Lench ruled that questioning would be allowed regarding if Gibson has personal bias and animus toward Weinstein.

Lench said a wider discussion of Gibson’s racism was not relevant to the trial, but she would allow questioning of whether he has a personal bias against Weinstein. Werksman attempted to argue that Gibson has a personal animus against Weinstein due to his Judaism and Weinstein previously publishing a book that criticized the depiction of Jews in Gibson's 2004 film, "The Passion of the Christ."

During the motions, Werksman also mistakenly said he thought the movie won Best Picture at the Academy Awards, during which Weinstein was seen shaking his head at the defense table. Werksman then corrected himself and apologized, referring to "The Passion of the Christ" as "an award-winning movie."

"The Passion of the Christ" was a major success at the box office, grossing $370 million domestically and $612 million worldwide. It received Academy Award nominations for Best Cinematography, Best Score, and Best Makeup. However, it did not win in any of those categories.

Weinstein's defense team also reportedly argued that Mel Gibson was looking to whitewash his image by focusing on wrongdoings by Weinstein and showing himself as a champion of the #MeToo movement. In response, the prosecution team stated that Gibson was not making any of those types of remarks on his part, and his conversation with his masseuse was because he was talking about getting into a business deal with Weinstein, showing he had no bias against him.

Meanwhile, Deputy District Attorney Marlene Martinez stated that while Gibson's previous comments were "despicable," they did not have any relevance for the purposes of his testimony on behalf of Jane Doe #3.

Another prolific name who Judge Lench ruled could make a similar witness testimony against Weinstein during the trial is Daphne Zuniga ("Melrose Place," "Spaceballs"). Zuniga will be allowed to testify for another alleged victim, Jane Doe #4. Weinstein is facing accusations of raping her in 2004 or 2005.

Weinstein is already serving a 23-year sentence in his 2020 conviction for rape and sexual assault in New York. The New York State Court of Appeals has agreed to listen to Weinstein's appeals for that conviction.

Weinstein's trial is expected to run for eight weeks. Opening statements are scheduled to begin on October 24.

While Mel Gibson did struggle in the aftermath of his antisemitic and racist remarks, he was able to undergo a career resurgence in recent years. In 2017, he was once again nominated for Best Director for the film "Hacksaw Ridge."

Earlier this year, he appeared in "Father Stu" opposite Mark Wahlberg. He's also expected to return to his iconic role of Martin Riggs in a fifth installment of the "Lethal Weapon" franchise. Gibson recently told ScreenRant that the production start on the film has been delayed due to the recent Warner Bros. Discovery merger.

"Lethal Weapon 5" is expected to begin shooting early next year.