Mel Gibson will not testify at Harvey Weinstein's LA rape trial

Mel Gibson will NOT testify at Harvey Weinstein’s LA rape trial – after court hears accuser told him she was sexually assaulted by the disgraced mogul before she went to cops

  • Mel Gibson will not be testifying in Harvey Weinstein’s Los Angeles trial 
  • Prosecutors had planned to call the actor to testify in support of his masseuse and friend – Jane Doe 3 – after she told him of alleged abuse by Weinstein
  • A rep for Gibson told Fox News Digital that Gibson ‘was not asked to testify’
  • Earlier this week, the judge dismissed two counts of forcible rape and two counts of oral copulation against Weinstein related to alleged incidents with Jane Doe 5
  • The remaining seven charges against Weinstein are two counts of rape and five other sexual assault counts. Testimony wrapped up this week 

Mel Gibson will not be taking the stand at Harvey Weinstein’s Los Angeles trial, despite the judge ruling that the actor could testify about what he learned from one of the disgraced movie mogul’s accusers. 

Prosecutors had planned to call Gibson to testify in support of his masseuse and friend, known as Jane Doe 3 in the courtroom, after she confided in him about alleged abuse by Weinstein.

But it was reveled on Thursday that the actor would not be testifying in the weeks-long trial that is now coming to a close, according to Variety. They did not provide an explanation for their decision.

A rep for Gibson told Fox News Digital that Gibson ‘was not asked to testify.’ Testimony from four Weinstein ‘Jane Doe’ accusers wrapped on Tuesday. Prosecutors are expected to rest their case this week. 

Weinstein is already serving a 23-year prison sentence for sex crimes in New York, and now faces seven additional felony rape and assault counts. 

Mel Gibson (pictured in April 2022) will not testify at Weinstein’s trial, despite the judge ruling he could tell the court what he learned from one of the disgraced movie mogul’s accusers

Prosecutors said that after getting a massage from Jane Doe 3 at a California hotel in Beverly Hills in May of 2010, a naked Weinstein followed her into the bathroom and masturbated

In October, Judge Lisa B. Lench ruled that Gibson could testify in support of his masseuse and friend, known as Jane Doe 3, at the trial. 

Prosecutors said that after getting a massage from the woman at a California hotel in Beverly Hills in May of 2010, a naked Weinstein followed her into the bathroom and masturbated. 

Jane Doe 3 broke down in tears on the stand as she testified on November 3 that when we she went to wash her hands in the bathroom, Weinstein barged in naked and began masturbating before pushing her up against a wall and groping underneath her shirt.

‘He went toward me in a very aggressive manner. He pushed me against the wall. That’s when he started to put his hand under my bra and feel my chest,’ she said.

She said the relentless assault continued despite her clearly asking him to stop and saying ‘this is not appropriate.’

‘I was terrified, I thought I was about to get raped,’ she said.

After he finished, the masseuse asked him ‘why did you do this to me?’ to which he responded ‘We’re close friends now, you have full access to me. I want to get you a book deal to write about massage.’

‘He tried to normalize what he did to me. He made me feel like it was strange for making it awkward like masturbation is something everybody does. Basically humiliating me, like my reaction wasn’t normal’ she said. 

Weinstein offered her a book deal which eventually fell apart, and she was left scared to tell the police out of fear she’d lose her other ‘high-end’ clients for reporting the assault. 

‘I blame myself because I didn’t do more. I blame myself because I just wish I did more,’ she added.

Jane Doe 3 and Weinstein had more massage sessions, and at a later one, he again masturbated ‘about six feet away’ from her and asked her to watch him. 

‘That’s one of the reasons why I didn’t want to come forward. Because this is embarrassing,’ she said.

But when actor Mel Gibson said he would be working with Weinstein, she ‘freaked out.’

Gibson asked Jane Doe 3 is she would like to report it to police or speak to a lawyer, but she said she was overwhelmed because ‘it was the first time I had ever opened my mouth and told someone about it verbally’

Jane Doe 3 said the alleged assault occurred after a massage session at the Montage Hotel in Beverly Hills in 2010 when a naked Weinstein followed her into the bathroom and masturbated

‘I freaked out, I started basically saying how could you ever want to work with this man, why would you ever want to work with this person? He asked what happened,’ said Jane Doe 3.

‘I went into shock and I started crying. He was the first person that I finally opened up to about what happened. I told him that he sexually assaulted me, but I didn’t want to get into all the details, I was embarrassed and humiliated,’ she said. 

WEINSTEIN’S REMAINING SEVEN FELONY CHARGES

  • Forced oral copulation, forcible rape, penetration with a foreign object involving Jane Doe 1
  • Sexual battery by restraint involving Jane Doe 2
  • Sexual battery by restraint involving Jane Doe 3
  • Forced oral copulation and forcible rape involving Jane Doe 4

 

Gibson asked if she would like to report the assault to the police or speak to a lawyer, but Jane Doe 3 said she was overwhelmed because ‘it was the first time I had ever opened my mouth and told someone about it verbally.’

Earlier this week, Judge Lench dismissed two counts of forcible rape and two counts of oral copulation against Weinstein — related to two alleged incidents, one in November 2009 and another in November 2010.

The move had appeared likely since the trial’s opening statements three weeks ago, when prosecutors during opening statements only mentioned four women Weinstein was charged with assaulting, leaving out Jane Doe 5.

The prosecutors at first kept the charges in place and left open the possibility that the woman would testify, while Weinstein’s defense had sought a definitive decision on the issue.

The Los Angeles County District Attorney’s Office has not provided an explanation for why they opted to leave the woman out of the trial. She was being represented by high-profile victims rights lawyer Gloria Allred, who is also representing Jane Doe 2.

Also this week, actress Natassia Malthe, 48, told the court how Weinstein tried to coerce her into having a threesome with him and a ‘prostitute’ at a hotel in 2008.

The model and actress recounted how Weinstein lured her to his hotel room under the pretense of her delivering him an audition tape.

But when he got there she instead found him engaged in oral sex with prostitute, and the pair tried to lure her into an orgy.

Actress Natassia Malthe told the court on Wednesday how Harvey Weinstein tried to coerce her into having a threesome with him and a ‘prostitute’ at a hotel in 2008

The Peninsula Hotel in NYC, where Malthe said Weinstein tried to coerce her into a threesome

She described the pressure of the situation, saying Weinstein had her ‘by the f*****g throat,’ because if she didn’t ‘comply’ with his advances she knew her career would be derailed.

During her testimony Malthe also told how Weinstein previously raped her in a hotel earlier that year, only to invite her to audition for one of his movies the next day.

‘He tricked me to coming into his hotel. All of the sudden I’m in his hotel room,’ she said.

Malthe broke down in tears recalling the prostitute ‘and her skinny legs. And they were trying to get me to do a threesome with them. And I had already said I didn’t want to.’

Malthe said that mere months before the encounter Weinstein raped her after pounding on her hotel room door in the middle of the night and demanding to be let in.

‘He was just standing there, his shirt was kind of ruffled, his pants were ruffled. He looked like he had been someplace else, he didn’t look all that neat. He just stormed in,’ she testified.

‘He said no one gets to be like an A-lister unless it goes through me.’

During her testimony Malthe also told how Weinstein previously raped her in a hotel earlier that year, only to invite her to audition for one of his movies the next day

Natassia Malthe in 2005 during a pre-Golden Globes Awards party

‘He was called one phone call away Harvey, meaning he could make you or break you, he was the most powerful person in Hollywood, he created stars, he could make a film go away by putting it on the shelf, he was a genius.’

‘I was just so scared of this guy, he had so much power … he embodied the movie business,’ she said. ‘I just thought this guy is so powerful I have no idea what to do in this situation and I completely froze.’

She said he told her to ‘think about all the Oscars’ people had won and thanked him and said ‘everybody had to go through him, meaning comply.

‘He took off his pants and pushed me on the bed and climbed on top of me and I said to him ‘I don’t do the casting couch thing.’

‘I looked into the blanket on my bed and he penetrated me.’

‘It didn’t last that long because I had zero response because I just played dead. He got off me and finished off himself. He ejaculated into his hand.’ She said Weinstein then left the hotel room. The next day she found a script waiting for her in her room.

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