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Judge eyes dismissal of mogul’s competency case
Cowan said he relied heavily on Redstone’s videotaped testimony, in which the media mogul strongly said he wanted his longtime companion, Manuela Herzer, out of his life.
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Cowan said he would wait until Monday to respond to a motion by Redstone’s lawyers to toss out the case, but acknowledged it was hard for him to see how Herzer could be put back in charge of Redstone’s health care.
Los Angeles County Superior Court Judge David J. Cowan said he found Redstone’s videotaped testimony compelling and there may be no need to hear additional evidence.
A doctor hired by Herzer to evaluate Redstone testified that he believes the mogul has dementia that renders him vulnerable to undue influence.
Klieger rejected that claim, saying Herzer repeatedly lied to Redstone and tried to isolate him from his family and other women.
However, when asked by his lawyer who should make his health care decisions if he no longer could, Redstone clearly named his daughter, Shari, who is a board member at Viacom and CBS.
Mr Redstone in February stepped down as executive chairman of CBS, which includes some of the most iconic names in the entertainment business.
That suggests Herzer thought Redstone was mentally competent to approve the expenditures, Redstone’s attorneys argue.
But there are some aspects of the case on which Redstone was very clear: “I want to ask you some questions”, asked Pierce O’Donnell, counsel for Herzer.
Referring to Redstone, Cowan said: “How can I sit here and say, after listening to that video, no you can’t have what you want?” The lawyer explained that Herzer is trying to have Redstone declared incompetent to protect him from a circle of deceit around him.
Redstone controls Viacom Inc. and CBS Corp.
Redstone’s lawyers argue that Herzer, 51, and Sydney Holland, another former girlfriend, took advantage of the ailing media mogul in order to gain access to his wealth.
Robert Klieger, an attorney for Redstone, said in his opening remarks that his client doesn’t tolerate lies and needs to trust the people around him. Besides exposing his frailty, including difficulty speaking and eating, the case spotlights Redstone’s fraught relations with his family and the millions he’s lavished on women around him.
He said Redstone and Herzer ended their romantic relationship in the late 1990s and remained close friends and confidantes until October.
Herzer contends Redstone was manipulated into kicking her out of his home and life in October.
Klieger called the accusations against Shari Redstone a sideshow and said Herzer would not be able to prove Sumner Redstone is incapacitated.
Redstone, who is 92 and frail, has not been seen publicly for almost a year.
LOS ANGELES (AP) A trial to determine whether the mental competency of Sumner Redstone will begin Friday morning with a judge hearing directly from the media mogul after months of speculation about his health.
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Testimony from one of Sumner Redstone’s nurses Friday showed that the caregiver was sending Shari Redstone detailed information about the inner workings of the Redstone mansion.