This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2016/05/07/business/media/sumner-redstone-trial.html

The article has changed 7 times. There is an RSS feed of changes available.

Version 3 Version 4
Sumner Redstone, in Competency Trial, Reviles Ex-Lover Judge in Sumner Trial Says He’s Leaning Toward Dismissal
(about 4 hours later)
LOS ANGELES — In halting but fiery testimony on Friday, the ailing media mogul Sumner M. Redstone appeared to state decisively that he no longer wanted his former companion and one-time romantic partner in his life. LOS ANGELES — The lawsuit over Sumner M. Redstone’s competency took a startling turn on Friday when the judge interrupted afternoon testimony to say that he was strongly entertaining a motion by Mr. Redstone’s lawyers to dismiss the whole case.
After repeatedly referring to her with expletives, Mr. Redstone said that he hated Manuela Herzer, his ex-girlfriend, who brought the suit challenging his mental capacity. In response to a question about whether he wanted Ms. Herzer to make health care decisions for him, Mr. Redstone replied, “No.” The development came after the ailing media mogul, in halting but fiery videotaped testimony, appeared to forcefully reject the proposal that his former lover, Manuela Herzer, who brought the lawsuit, make his health care decisions.
Judge David J. Cowan delivered what amounted to a judicial bombshell as Dr. Stephen L. Read, an expert witness for Ms. Herzer, finished his testimony relating to Mr. Redstone’s competence. Gabrielle Vidal, a lawyer for Mr. Redstone, asked that the judge reconsider their request for a dismissal. Judge Cowan said that he was leaning toward dismissal, but that he would review the matter over the weekend, and asked both sides to submit briefs.
A decision to dismiss would put an end to an already bitter public battle that has exposed lurid details that industry observers say have tarnished both sides. It would also leave in place, for now, the controlling structure of his two big media companies, Viacom and CBS. Mr. Redstone is a director, chairman emeritus and controlling shareholder of both, and remains in control until he is either declared incompetent or dies.
In bringing the suit, Ms. Herzer had claimed that the 92-year-old billionaire wasn’t competent when he removed her from a directive that would have put her in charge of his care. But in reopening the question of dismissal — even before testimony from a list of witnesses on both sides could be heard — Judge Cowan said he was relying heavily on Mr. Redstone’s own statements in a profanity-laced video that was played behind closed courtroom doors.
“I think he said what he wanted to say,” Judge Cowan said of the 18-minute video, in which Mr. Redstone repeatedly used obscene epithets in referring to Ms. Herzer, and said he did not want her involved with his health care.
“How can I sit here and say, after seeing that video, ‘No, you’ve got to have Manuela?’” Judge Cowan asked.
In a brief verbal response to the judge’s remarks, Pierce O’Donnell, Ms. Herzer’s lawyer, said that he still had a great deal of evidence to present. He further noted that the judge appeared to be reducing a complicated decision about Mr. Redstone’s well-being into a far simpler one — whether Ms. Herzer or Mr. Redstone’s until recently estranged daughter, Shari Redstone, should be left in charge of his care.
In addition to Mr. Redstone’s testimony, the judge said he was also strongly influenced by Dr. Read’s acknowledgment under cross-examination that Ms. Herzer at this point would not be a viable choice for management of Mr. Redstone’s current or future care.
In his testimony, videotaped on Thursday, Mr. Redstone said that he hated Ms. Herzer. In response to a question about whether he wanted Ms. Herzer to make health care decisions for him, Mr. Redstone replied, “No.”
“I want Manuela out of my life,” Mr. Redstone said at the end of the session when his lawyer asked what he wanted at the end of the trial. The videotaped testimony was shown after reporters and spectators were cleared from the courtroom, and a transcript was provided to news organizations afterward.“I want Manuela out of my life,” Mr. Redstone said at the end of the session when his lawyer asked what he wanted at the end of the trial. The videotaped testimony was shown after reporters and spectators were cleared from the courtroom, and a transcript was provided to news organizations afterward.
On viewing the testimony, with its clear assertions about his distaste for Ms. Herzer, Judge David J. Cowan expressed skepticism as to whether her legal team could overcome Mr. Redstone’s current wishes. “Your burden now is a hard one,” the judge told Pierce O’Donnell, Ms. Herzer’s lawyer, in brief remarks as the public portion of the trial resumed. In response to a question from his lawyer about who he wants to make his health care decisions if he is unable to do so himself, he responded with the name of his daughter: “Shar — Shari.” He also confirmed that he had been seeing his family lately and was happy with the nursing care that he was receiving.
He added: “I’m not sure we need to hear about all of these shenanigans that did or didn’t happen six months ago.” While Ms. Herzer claims that she is concerned about Mr. Redstone’s well-being, his lawyers say that she is after his money. On the same day Ms. Herzer was removed from the health care directive, she was also removed from Mr. Redstone’s estate plan, in which he had planned to give her $50 million and his $20 million Los Angeles mansion.
Mr. Redstone, who is 92 and frail, has not been seen publicly for nearly a year. Apart from its impact on the trial, the transcript of Mr. Redstone’s testimony will be heavily scrutinized for hints as to his ability to play a continuing role at his two big media companies, Viacom and CBS. He is a director, chairman emeritus and controlling shareholder of both media companies. In his testimony, Mr. Redstone was able to answer some questions — especially those with yes or no answers — but did not respond to others. When asked what his birth name had been, for instance, he remained silent. (It is Sumner Murray Rothstein.) The transcript shows that the flow of the testimony was sporadic, and at one point his interpreter asked that Mr. Redstone’s dentures be adjusted in order to better understand him.
It may also determine whether he can make any further decisions about control of those two companies — control that is expected, on his death or a declaration of incompetency, to rest primarily with a trust. His daughter, Shari Redstone, with whom he is now reconciled after an estrangement, is one of the seven trustees. But at other times Mr. Redstone’s comments were decisive and showed a glimmer of his well-known ferocity and penchant for profanity.
In his testimony, Mr. Redstone did not respond to some basic questions but was able to answer others — especially those with yes or no answers. The transcript shows that the flow of questions and answers was sporadic, and at one point his interpreter asked that Mr. Redstone’s dentures be adjusted in order to better understand him. In the first question, he was asked who Ms. Herzer was. His response denigrated her with two obscene words. He repeated that description of her several times over the course of his testimony.
But at times Mr. Redstone’s comments were decisive and showed a glimmer of his well-known ferocity and penchant for profanity. During the testimony, Mr. Redstone said “yes” in response to a question about whether Ms. Herzer stole money from him, but was not able to say how much money she stole. He also confirmed that he once said that she was the love of his life, but that he did not still love her.
In the first question, he was asked who Ms. Herzer was. His response denigrated her with two obscene words. He repeated that description of her several times over the course of his testimony, in which lawyers for both sides asked him questions for a total of 18 minutes.
On the video, Mr. Redstone was questioned by Mr. O’Donnell and his own lawyer, Gabrielle A. Vidal, about topics related to his relationship with Ms. Herzer and his health care. In the suit, Ms. Herzer claimed the billionaire lacked the capacity to make the decision last October that removed her from a directive that would have put her in charge of his care.
During the testimony, Mr. Redstone said “yes” in response to a question about whether Ms. Herzer stole money from him but was not able to say how much money she stole. He also confirmed that he once said that she was the love of his life, but that he did not still love her.
When he later was asked by his lawyer why Ms. Herzer was ejected, he said, “She lied to me.”When he later was asked by his lawyer why Ms. Herzer was ejected, he said, “She lied to me.”
When asked what Ms. Herzer had done to assist in his health care, he struggled to find words, repeated his obscenities about her, and failed to help an interpreter spell out an answer.When asked what Ms. Herzer had done to assist in his health care, he struggled to find words, repeated his obscenities about her, and failed to help an interpreter spell out an answer.
“What’s the first letter?” the interpreter finally asked.“What’s the first letter?” the interpreter finally asked.
“L. The next letter? H. H. Next letter? I. E. H. E.,” the interpreter continued. “She helped? Helped?”“L. The next letter? H. H. Next letter? I. E. H. E.,” the interpreter continued. “She helped? Helped?”
He also had a hard time spelling out his response to a question about the number of years that he and Ms. Herzer dated. In opening statements, Ms. Herzer’s lawyers sought to show that Mr. Redstone was mentally incompetent and under the undue influence of others when he removed Ms. Herzer last October from an advance directive that would have given her authority over his health care.
In response to a question from his lawyer about who he wants to make his health care decisions if he is unable to do so himself, he responded with the name of his daughter: “Shar — Shari.” He also confirmed that he had been seeing his family lately and was happy with the nursing care that he was receiving. Mr. O’Donnell cast Ms. Redstone as the central villain in a supposed conspiracy to deceive and manipulate him.
It was the first day of the trial, and Ms. Herzer’s lawyers sought to show that Mr. Redstone was mentally incompetent and under the undue influence of others when he removed her last October from an advance directive that would have given her authority over his health care. “She established a broad intelligence-gathering” network inside Mr. Redstone’s home, “featuring a ring of spies,” Mr. O’Donnell said, in describing what he said was a yearlong effort by Ms. Redstone, then estranged from her father, to get control of his money and media properties.
As the trial opened, Mr. O’Donnell cast Shari Redstone as the central villain in a supposed conspiracy to deceive and manipulate him. Robert N. Klieger, who represents Mr. Redstone, sharply dismissed the notion of a conspiracy. Instead, he said Ms. Herzer had worked to remain in Mr. Redstone’s good graces, and to share his wealth, by weaving lies about other women with whom the media executive had become romantically involved.
“She established a broad intelligence-gathering” network inside Mr. Redstone’s home, “featuring a ring of spies,” said Mr. O’Donnell, in describing what he said was a yearlong effort by Ms. Redstone, then estranged from her father, to get control of his money and media properties.
Robert N. Klieger, who represents Mr. Redstone, sharply dismissed the notion of a conspiracy led by Ms. Redstone or the various nurses and lawyers who surround the media mogul.
Instead, he said the plaintiff, Ms. Herzer, had worked to remain in Mr. Redstone’s good graces, and to share his wealth, by weaving lies about other women with whom the media executive had become romantically involved.
Describing Ms. Herzer’s behavior as “classic emotional abuse,” Mr. Klieger sought to focus the case closely on issues related to the advance health care directive from which Mr. Redstone removed Ms. Herzer late last year, after breaking off his relationship with her.Describing Ms. Herzer’s behavior as “classic emotional abuse,” Mr. Klieger sought to focus the case closely on issues related to the advance health care directive from which Mr. Redstone removed Ms. Herzer late last year, after breaking off his relationship with her.
On the same day Ms. Herzer was removed from the health care directive, she was also removed from Mr. Redstone’s estate plan, in which he had planned to give her $50 million and his $20 million Los Angeles mansion. The first witness to follow Mr. Redstone’s testimony Friday was Dr. Read, a psychiatrist who examined the media mogul in late January and in a report said the executive lacked decision-making capacity.
The first witness to follow Mr. Redstone’s testimony Friday was Dr. Stephen L. Read, a psychiatrist who examined the media mogul in late January and in a report said the executive lacked decision-making capacity.
Dr. Read called Mr. Redstone “a thin shadow” of what he was. He said he rated Mr. Redstone’s dementia, based on an earlier examination, as being “toward the severe end of moderate.”Dr. Read called Mr. Redstone “a thin shadow” of what he was. He said he rated Mr. Redstone’s dementia, based on an earlier examination, as being “toward the severe end of moderate.”
Dr. Read noted Mr. Redstone’s extreme difficulty in swallowing, and with what he called “language production.” He also described having tested Mr. Redstone with a simple array of colored shapes — circles, triangles, stars and squares — which the executive was asked to identify by pointing. “To my dismay, actually, he did very poorly,” Dr. Read said. Dr. Read noted Mr. Redstone’s extreme difficulty in swallowing, and with what he called “language production.”
Dr. Read said he saw indications of “major neuro-cognitive disorder.” “His arithmetic was appallingly bad,” Dr. Read added, though he said he was more troubled by what he deemed inappropriate responses to simple instructions, like a request to stick out his tongue. At that request, he said, Mr. Redstone reverted to a mouth exercise he had been taught by a speech therapist.
He described the overall health care apparatus Ms. Herzer had overseen as “approximating the acuity of an intensive care unit in his home.” Dr. Read’s testimony also revealed that Mr. Redstone engaged in sports betting with friends and family. Mr. Redstone often doesn’t know who is playing, but the bets are arranged so that Mr. Redstone always wins, Dr. Read said. Mr. Redstone thinks he has a perfect record.
Mr. Redstone’s condition, he said, appeared to have deteriorated rapidly with her departure last October.
“His arithmetic was appallingly bad,” Dr. Read added, though he said he was more troubled by what he deemed inappropriate responses to simple instructions, like a request to stick out his tongue. At that request, he said, Mr. Redstone reverted to a mouth exercise he’d been taught by a speech therapist.“
Dr. Read’s testimony also revealed that Mr. Redstone engages in sports betting with friends and family. Mr. Redstone often doesn’t know who is playing, but the bets are arranged so that Mr. Redstone always wins, Dr. Read said. Mr. Redstone thinks he has a perfect record.