Mel Gibson could possibly take the stand in Harvey Weinstein’s sex crimes trial here in Los Angeles.

In a motions hearing today at the Criminal Courts building in downtown Los Angeles, lawyers for the incarcerated producer and the L.A. Country District Attorneys office argued over wehther or not the Oscar-winning Gibson would be allowed to testify as a corroborating witness for Jane Doe No. 3 in the upcoming trial.

In May 18, 2021, Gibson said in an interview that he was getting a massage from Jane Doe 3. Mel noticed that when he mentioned “Harvey,” Jane Doe 3 began to cry, gave Gibson the idea that Weinstein had sexually assaulted or groped her.

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Even though Judge Lisa Lench will allow Gibson to take the stand in the high-profile trial, that does not mean that he necessarily will. In cases like this, it is common that there are more witnesses on the list than are actually called, not matter how much star power they have.

Weinstein lawyer Mark Werksman unsuccessfully argued Friday that GIbson did not like Weinstein and should not be allowed to give testimony.

“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.”  

“This created a feud between Mr. Gibson and a Weinstein. Mr. Weinstein is jewish … Mr. Gibson knew that,” Werksman said, as the first week of jury selection wrapped up. The defense lawyer continued, “Any evidence of Mr. Gibson’s racism or anti-semitism would give rise to a bias against my client, who challenged him.” 

The judge said Weinstein’s lawyers could bring up the Passion of the Christ and Weinstein’s book on its anti-Semitism argument, but not quotes from Gibson’s 2006 arrest in which he made anti-Semitic remarks.

With California First Partner Jennifer Siebel Newsom now identified among the alleged victims and expected to testify, Weinstein faces grand jury indictments of four counts of rape, four counts of forcible oral copulation, one count of sexual penetration by use of force, plus one count of sexual battery by restraint and sexual battery in incidents involving five women in L.A. County from 2004 to 2013. Sentenced to 23-years in prison by a Manhattan jury in March 2020 for multiple sex crimes, 70-year old Weinstein is up against 140 years imprisonment if found guilty in L.A.

Once a jury is seated in the trial at the Clara Shortridge Foltz Criminal Justice Center, opening statements are expected to begin on October 23.

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