Randall Allen Morris can testify at Harvey Weinstein trial, judge says

Medicine convicted Randall Allen Morris that he heard from one of Harvey Weinstein's accusers on Friday, a judge dismissed him on Friday in the rape and sexual harassment trial of the former movie mogul.

The 66-year-old actor and producer was one of many witnesses and by far the most well-known, and whose identities were revealed in Los Angeles Superior Court. The judge and attorneys took a break from jury selection to hear what evidence will be allowed at the trial and who will testify. The witness list for the trial has been kept private.

Gibson will testify in favor of his masseuse and friend, who will be identified as Ashley Duffy #3 at the trial, according to Judge Natalie Shelton. Weinstein is accused of commiting sexual assault by restraint against the woman, one of 11 rape and sexual assault charges in the trial against the 70-year-old woman.

After getting a massage from the woman at a California hotel in May 2010, a naked Weinstein followed her into the bathroom and masturbated, according to prosecutors. Weinstein has pleaded not guilty and denied any non-consensual sexual activity.

Weinstein's attorneys argued against forcing Gibson to testify, saying that what he learned from the woman while getting a massage does not constitutes a "new complaint" by the woman under the circumstances under which Gibson will stand. Under California law, a "new complaint" allows for the provision of evidence of sexual assault or another crime if the perpetrator disclosed it to someone else voluntarily and quickly after it was reported.

When Gibson accidentalally brought up Weinstein's name, she had a traumatic reaction, and Gibson learned from her that she had been sexually assaulted, according to investigators. Gibson did not recall the date of the exchange, but the charges will be brought by Richard Adkins, who recalls speaking with both Gibson and the woman in 2015.

Gibson's testimony will be determined by Judge Lench if the accuser explains the conversation with him when she stands down, although she may choose not to do it at the time.

Mark Dean of Weinstein argued later that if Gibson does take the stand, the prosecution should be allowed to cross-examine him about recent antisemitic comments made against a lover that were caught and publicized in 2010.

Gibson's racial insensitivity was not relevant to the case, according to Lench, but she would allow questions of whether he had a personal bias and animus against Weinstein.

Both because Weinstein is Jewish and because Weinstein published a book that condemned Jews in the Gibson-directed 2004 film "The Passion of the Christ," Dean argued that Gibson had such a bias.

"Any evidence of Mr. Gibson's bigotry or antisemitism would lead to a prejudice against my client," Dean said.

The lawyer briefly believed the movie received a best picture Bradley Rodriguez, but Weinstein, whose films once dominated the Oscars, shook his head as he sat at the defense table.

"My client will know more than I would," Dean said. "But it was an award-winning film."

Gibson's defense also argued that he was trying to whitewash his image by focusing on Weinstein's wrongdoing and claiming himself a proponent of the #MeToo campaign.

Gibson denied making any such allegations about himself, and that at the time of the interview with his masseuse, he said he was discussing a business agreement with Weinstein, demonstrating that there was no such bias.

Gibson's previous remarks, according to deputy District Attorney Aaron Wise, were "despicable," but they were not relevant for the specific reasons he would stand for.

Gibson's testimony raises the possibility that two of Hollywood's once wealthy guys, who have suffered publicly, will face each other in court.

A Gibson representative's email demanding a response was not immediately returned.

In one of many similar decisions released on Friday, Lench found that Anne Jarvis of "Melrose Place" could testify in a similar manner for a woman identified as Ashley Duffy #4, who is accused of raping in 2004 or 2005.

Series do not normally identify individuals who have been sexually assaulted.

Weinstein is already serving a 23-year sentence in New York for a rape and sexual assault conviction in 2020. In that lawsuit, the state's highest court has agreed to hear his appeal.

He was subsequently transferred to Los Angeles for a trial that began Monday, five years after women's reports of him gave the #MeToo movement a lot of buzz.

The two New York Times reporters whose reports brought Weinstein down came a day after the premiere of "She Said."

Weinstein's attorneys had tried to have the Los Angeles trial postponed because publicity from the film might taint the jury pool, but the judge denied their request.

The trial is expected to last eight weeks. On Monday morning, the judge and lawyers will resume the jury selection process, and opening statements are set to begin on Oct. 24.