Media mogul to be deposed
The mogul must give a deposition in the trial to determine his mental competency.
Sumner Redstone, 92, will be interviewed on tape to determine his mental competency in a case brought by his former companion.
Media mogul Sumner Redstone will have to provide testimony in the upcoming trial to determine whether he is mentally competent, a dramatic turn in the high- profile case that his lawyers had been fighting to prevent for months.
Los Angeles County Superior Court Judge David J. Cowan on Monday ruled that the 92- year- old controlling shareholder of CBS Corp. and Viacom Inc. must give a 15- to 30- minute deposition at his Beverly Park mansion. The surprise decision comes just days before the trial.
Cowan’s ruling could have major ramifications in the bitter dispute and could prompt both sides to resume settlement talks that had collapsed last month. A resolution would spare Red- stone, who struggles to speak intelligibly, the embarrassment of testifying in a case that has exposed deep dysfunction in his family and raised questions about the media empire he controls.
The deposition — which could occur later this week — will be videotaped and played for Cowan at the trial that is scheduled to begin Friday. However, the public and media will not be allowed in the courtroom during Redstone’s videotaped testimony, Cowan said.
Redstone’s deposition had been sought by attorneys for Manuela Herzer, his former companion, who was removed from a position of power at Redstone’s home in October. She f iled a lawsuit in late November, alleging that Redstone was not mentally competent to make decisions about his healthcare and describing the once powerful titan as a “living ghost” who is prone to crying spells.
Lawyers for Redstone and his associates have painted a dramatically different picture. They say that
the mogul is in command of his faculties, and that they have carried on in- depth conversations with him. Redstone has participated in corporate votes at Viacom and CBS, and lawyers also have produced lengthy emails that Redstone allegedly had dictated, making it difficult for the judge to determine whose account is most credible.
Cowan had previously ruled that Redstone would not have to testify because of his severe speech impediment and declining health.
But on Monday the judge said there was really no way for him to make an informed decision regarding Redstone’s capacity without hearing from the mogul himself.
“His appearance is of the utmost significance,” Cowan ruled. “He is not a peripheral witness.”
Redstone’s lead attorney, Gabrielle Vidal, tried to object during Monday’s court hearing, saying the deposition would be too stressful and could compromise the mogul’s condition. “Stress and anxiety could be harmful in the extreme for him,” Vidal told the judge.
Cowan agreed that he didn’t want to do anything that would worsen Redstone’s condition.
“At the end of the day, it is his health that should not be jeopardized in any way,” he said.
During the proposed deposition, a lawyer representing each side will be allowed to question Redstone for up to 15 minutes. The judge said he considered a 30- minute time limit, or as little as five minutes for each side, but determined that 15 minutes would provide a “meaningful” glimpse.
Several observers were surprised that the case had not been settled before now, given the intense scrutiny on his family and questions about his involvement in the affairs of Viacom and CBS.
An earlier effort to settle the case that would have provided Herzer with about $ 25 million collapsed last month. The sticking points included a demand by Herzer that a handful of members of Redstone’s household staff be f ired, and that Redstone family members — including people who claim to be family members — not sue her in the future, according to people close to the talks but not authorized comment publicly.
Settling the case for less than $ 30 million would be a relative “drop in the bucket” for Redstone, said Lloyd Greif, president and chief executive of the downtown investment banking f irm Greif & Co. After all, Redstone is worth an estimated $ 5 billion.
“All of the tea leaves say there is a question of his mental competency,” Greif said.
He said Redstone’s lawyers would have little incentive to take the case to trial because his deposition could undermine their case by showing his frailty.
“This ruling likely will be the straw that broke the camel’s back,” Greif said.
Herzer’s attorney, Pierce O’Donnell, agreed that Cowan’s ruling could help restart settlement talks.
“It should,” O’Donnell said after the hearing in the hallway outside Cowan’s courtroom. “Fifteen minutes should be more than enough for me to establish what I think I can establish, which is tragically he does lack capacity.”
Redstone’s lead attorney, Gabrielle Vidal, expressed appreciation that Redstone’s deposition would not be made public.
“We appreciate the court’s continued protection of Mr. Redstone’s privacy and dignity,” she said in a statement.
During the hearing, Vidal told Cowan she wanted to consult with Redstone’s doctors before scheduling the deposition.
The trial, should it go forward, is expected to span seven days and delve into Redstone’s interactions with his doctors, nurses and his daughter, Shari Redstone, vice chair of CBS and Viacom, who has had a tumultuous relationship with her father over the years. Shari Redstone is on the witness list, as well as Viacom Chief Executive Philippe Dauman and the mogul’s longtime attorney, David Andelman; his doctors and nurses; and even his Paramount Pictures chauffeur, Isileli Tuanaki, are expected to testify.
Herzer’s legal team has even said that they might call Redstone’s ex- wife, Paula Fortunato, whom he divorced in 2008.
Sumner Redstone’s ‘ appearance is of the utmost significance. He is not a peripheral witness.’ — David J. Cowan, the Los Angeles County Superior Court judge presiding over a mental competency trial