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Lawyers in Sumner Redstone Trial Tussle Over Possible Dismissal Lawyers in Sumner Redstone Trial Tussle Over Possible Dismissal
(about 3 hours later)
A former lover of the ailing media mogul Sumner M. Redstone, who is waging a legal battle over his mental competency, made a last-ditch attempt over the weekend to keep her salacious lawsuit alive.A former lover of the ailing media mogul Sumner M. Redstone, who is waging a legal battle over his mental competency, made a last-ditch attempt over the weekend to keep her salacious lawsuit alive.
In a filing on Sunday to Judge David J. Cowan of Los Angeles County Superior Court, lawyers for the woman, Manuela Herzer, argued that the court should hear all of the evidence and not dismiss the case, as the judge indicated he might do on Friday after he heard videotaped testimony from Mr. Redstone, a 92-year-old billionaire.In a filing on Sunday to Judge David J. Cowan of Los Angeles County Superior Court, lawyers for the woman, Manuela Herzer, argued that the court should hear all of the evidence and not dismiss the case, as the judge indicated he might do on Friday after he heard videotaped testimony from Mr. Redstone, a 92-year-old billionaire.
Ms. Herzer’s legal team outlined two reasons for continuing the trial: First, the lawyers said, the court should not accept Mr. Redstone’s testimony at face value. They said the court was “duty-bound to look behind the testimony to determine whether Redstone’s views are those of a man of a sound mind and whether he came to and has maintained these views absent any undue influence.”Ms. Herzer’s legal team outlined two reasons for continuing the trial: First, the lawyers said, the court should not accept Mr. Redstone’s testimony at face value. They said the court was “duty-bound to look behind the testimony to determine whether Redstone’s views are those of a man of a sound mind and whether he came to and has maintained these views absent any undue influence.”
The lawyers said that the court must hear all of the evidence from Ms. Herzer to determine the answer to those questions.The lawyers said that the court must hear all of the evidence from Ms. Herzer to determine the answer to those questions.
Second, they said that aborting the trial after one day and three witnesses would be “a great disservice to Redstone’s best interests because, if his decisions are the product of mental illness or undue influence, the proceedings are not only reasonably necessary, but essential, to protect him.”Second, they said that aborting the trial after one day and three witnesses would be “a great disservice to Redstone’s best interests because, if his decisions are the product of mental illness or undue influence, the proceedings are not only reasonably necessary, but essential, to protect him.”
In their own filing on Sunday, Mr. Redstone’s lawyers appeared to take their lead from Judge Cowan’s remarks in court on Friday, when he expressed wariness over the need to wade through what he called the “all of these shenanigans” in the Redstone household.In their own filing on Sunday, Mr. Redstone’s lawyers appeared to take their lead from Judge Cowan’s remarks in court on Friday, when he expressed wariness over the need to wade through what he called the “all of these shenanigans” in the Redstone household.
The court “need not preside over a trial regarding the breakdown of Mr. Redstone and Ms. Herzer’s relationship,” Mr. Redstone’s lawyers said in their new dismissal motion.The court “need not preside over a trial regarding the breakdown of Mr. Redstone and Ms. Herzer’s relationship,” Mr. Redstone’s lawyers said in their new dismissal motion.
Ms. Herzer filed suit last November, claiming that Mr. Redstone lacked the capacity to make the decision to remove her from an advance directive that would have put her in charge of his health care. She said she was waging the legal battle out of concern for Mr. Redstone’s well-being.Ms. Herzer filed suit last November, claiming that Mr. Redstone lacked the capacity to make the decision to remove her from an advance directive that would have put her in charge of his health care. She said she was waging the legal battle out of concern for Mr. Redstone’s well-being.
Lawyers for Mr. Redstone said Ms. Herzer was motivated by greed. On the same day he removed her from the health care directive, he also removed her from his personal estate plan, in which he had planned to leave her $50 million and his $20 million Los Angeles mansion.Lawyers for Mr. Redstone said Ms. Herzer was motivated by greed. On the same day he removed her from the health care directive, he also removed her from his personal estate plan, in which he had planned to leave her $50 million and his $20 million Los Angeles mansion.
The trial began Friday with the 18-minute videotape of testimony from Mr. Redstone, who has not been seen publicly for nearly a year.The trial began Friday with the 18-minute videotape of testimony from Mr. Redstone, who has not been seen publicly for nearly a year.
After viewing the video, Judge Cowan declared that Mr. Redstone had appeared to forcefully reject the notion that Ms. Herzer should be in charge of his health care, or a part of his life at all. While he said he needed the weekend to consider whether the case should continue, Judge Cowan indicated that Mr. Redstone’s testimony had raised doubts about Ms. Herzer’s position. “Your burden now is a hard one,” he told her legal team after viewing the tape.After viewing the video, Judge Cowan declared that Mr. Redstone had appeared to forcefully reject the notion that Ms. Herzer should be in charge of his health care, or a part of his life at all. While he said he needed the weekend to consider whether the case should continue, Judge Cowan indicated that Mr. Redstone’s testimony had raised doubts about Ms. Herzer’s position. “Your burden now is a hard one,” he told her legal team after viewing the tape.
In their filing on Sunday, Ms. Herzer’s lawyers argued that Mr. Redstone’s vehemence in his testimony may result from “serious cognitive impairment,” and manipulation by his daughter, Shari Redstone. Mr. Redstone’s outbursts “do not indicate that he had capacity, but rather confirm that he lacks” it, they argue.In their filing on Sunday, Ms. Herzer’s lawyers argued that Mr. Redstone’s vehemence in his testimony may result from “serious cognitive impairment,” and manipulation by his daughter, Shari Redstone. Mr. Redstone’s outbursts “do not indicate that he had capacity, but rather confirm that he lacks” it, they argue.
The filing said that to terminate the trial without hearing further evidence would risk setting a precedent with “widespread implications” for hospitals, lawyers and others involved in elder care. “It cannot be that an elderly person — particularly an elderly individual whom everyone agrees is susceptible to undue influence — can simply state what he wants, and have that accepted as gospel,” the filing said.The filing said that to terminate the trial without hearing further evidence would risk setting a precedent with “widespread implications” for hospitals, lawyers and others involved in elder care. “It cannot be that an elderly person — particularly an elderly individual whom everyone agrees is susceptible to undue influence — can simply state what he wants, and have that accepted as gospel,” the filing said.
Mr. Redstone’s lawyers rejected the suggestion that he was manipulated. “Of course, there is not a scintilla of evidence that Mr. Redstone actually wants Ms. Herzer in his life, but was unduly influenced to testify otherwise,” the dismissal motion said. The Redstone team also reiterated a caution it has raised repeatedly: that the salacious details being presented by Ms. Herzer’s lawyers are compromising Mr. Redstone’s “privacy and dignity.”Mr. Redstone’s lawyers rejected the suggestion that he was manipulated. “Of course, there is not a scintilla of evidence that Mr. Redstone actually wants Ms. Herzer in his life, but was unduly influenced to testify otherwise,” the dismissal motion said. The Redstone team also reiterated a caution it has raised repeatedly: that the salacious details being presented by Ms. Herzer’s lawyers are compromising Mr. Redstone’s “privacy and dignity.”
The possibility of dismissal after one day of testimony opened a path by which Mr. Redstone’s side might quickly prevail in the case. But the first day’s harsh testimony and the lurid details in pretrial filings had already subjected the Redstone family to acute embarrassment, and raised substantial questions about Mr. Redstone’s continued role in his publicly held companies.The possibility of dismissal after one day of testimony opened a path by which Mr. Redstone’s side might quickly prevail in the case. But the first day’s harsh testimony and the lurid details in pretrial filings had already subjected the Redstone family to acute embarrassment, and raised substantial questions about Mr. Redstone’s continued role in his publicly held companies.
Mr. Redstone is a director, chairman emeritus and controlling shareholder of CBS and Viacom, two of the world’s largest media companies.Mr. Redstone is a director, chairman emeritus and controlling shareholder of CBS and Viacom, two of the world’s largest media companies.
The videotaped testimony presented in court on Friday remained confidential, but a transcript that was made public showed a fiery, yet somewhat feeble, man. Mr. Redstone repeatedly referred to Ms. Herzer in expletives and said that he did not want her to be in his life or to make health care decisions for him. Mr. Redstone responded to some basic questions — especially those that had yes or no responses — but struggled with others. When asked what his birth name had been, for instance, he remained silent.The videotaped testimony presented in court on Friday remained confidential, but a transcript that was made public showed a fiery, yet somewhat feeble, man. Mr. Redstone repeatedly referred to Ms. Herzer in expletives and said that he did not want her to be in his life or to make health care decisions for him. Mr. Redstone responded to some basic questions — especially those that had yes or no responses — but struggled with others. When asked what his birth name had been, for instance, he remained silent.
Yet Mr. Redstone did say that he hated Ms. Herzer. When asked about whether he wanted Ms. Herzer to make health care decisions for him, he said, “No.” He said that the wanted his daughter to make health care decisions if he is unable to do so himself.Yet Mr. Redstone did say that he hated Ms. Herzer. When asked about whether he wanted Ms. Herzer to make health care decisions for him, he said, “No.” He said that the wanted his daughter to make health care decisions if he is unable to do so himself.
Also on the witness stand was Dr. Stephen L. Read, a psychiatrist testifying for the Herzer side, who examined Mr. Redstone in late January and said that he lacked decision-making capacity and that his “arithmetic was appallingly bad.” In one example, he said that Mr. Redstone did a poor job when he was presented with a simple array of colored shapes — circles, triangles, stars and squares — and asked to identify them by pointing.Also on the witness stand was Dr. Stephen L. Read, a psychiatrist testifying for the Herzer side, who examined Mr. Redstone in late January and said that he lacked decision-making capacity and that his “arithmetic was appallingly bad.” In one example, he said that Mr. Redstone did a poor job when he was presented with a simple array of colored shapes — circles, triangles, stars and squares — and asked to identify them by pointing.
In court documents over the last five and half months, Ms. Herzer detailed claims about Mr. Redstone’s obsession with various lovers, incontinence and demands to eat steak while on a feeding tube. In turn, lawyers for Mr. Redstone asserted that Ms. Herzer exploited their relationship for financial gain. They said that between last August and mid-October, a period when Ms. Herzer said she was occupied by taking care of Mr. Redstone’s health care, she charged more than $265,000 to his American Express card. In court documents over the last five and half months, Ms. Herzer detailed claims about Mr. Redstone’s incontinence, demands to eat steak while on a feeding tube, and obsession with various lovers. In turn, lawyers for Mr. Redstone asserted that Ms. Herzer exploited their relationship for financial gain. They said that between last August and mid-October, a period when Ms. Herzer said she was occupied by taking care of Mr. Redstone’s health care, she charged more than $265,000 to his American Express card.
The legal drama has riveted both Hollywood and Wall Street. A decision by the judge that Mr. Redstone was incompetent could set off a contentious succession plan for the two biggest companies in his $42 billion media empire.The legal drama has riveted both Hollywood and Wall Street. A decision by the judge that Mr. Redstone was incompetent could set off a contentious succession plan for the two biggest companies in his $42 billion media empire.
Upon death, or if he is deemed incompetent, Mr. Redstone’s interests in CBS and Viacom are to be held by an irrevocable trust that was created for his five grandchildren. Among the trust’s seven voting members are Ms. Redstone and Philippe P. Dauman, the chief executive of Viacom. Ms. Redstone and Mr. Dauman have disagreed on how the company should be managed.Upon death, or if he is deemed incompetent, Mr. Redstone’s interests in CBS and Viacom are to be held by an irrevocable trust that was created for his five grandchildren. Among the trust’s seven voting members are Ms. Redstone and Philippe P. Dauman, the chief executive of Viacom. Ms. Redstone and Mr. Dauman have disagreed on how the company should be managed.