Mel Gibson Likely Won't Testify at Deputy's Trial
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Posted: 1:03 PM Feb 7, 2012
Mel Gibson Likely Won't Testify at Deputy's Trial
A civil jury will likely not hear directly from Mel Gibson about the night of his drunken driving arrest because his testimony doesn't appear relevant to a deputy's claim that he was discriminated against because of the traffic stop, a judge said Tuesday.
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LOS ANGELES (AP) - A civil jury will likely not hear directly
from Mel Gibson about the night of his drunken driving arrest
because his testimony doesn't appear relevant to a deputy's claim
that he was discriminated against because of the traffic stop, a
judge said Tuesday.

In a series of tentative rulings, Superior Court Judge Barbara
Scheper said she will likely block attorneys for Deputy James Mee
from showing the jury a video of Gibson being booked into jail and
a 30-second TV ad he made supporting the Sheriff's Department three
years before his arrest.

Mee, who is Jewish, claims he suffered religious discrimination
by superiors after arresting Gibson in 2006, and that he was
ordered to remove the actor-director's anti-Semitic rants from a
report.

He claims he was passed over for promotions and suffered other
reprisals because of the case and that he was personally offended
by Gibson's remarks.

Gibson's work as a spokesman for the department helps explain
"the circumstances that serve as a backdrop to the harassment and
hostile work environment that Deputy Mee suffered," his attorneys
wrote in a court filing.

Gibson "wasn't just another arrestee. He was the `public face'
of the department," the documents state.

Scheper also says she won't allow Los Angeles County Sheriff Lee
Baca to testify during the case unless there is some evidence he
ordered actions against Mee.

Attorneys for Mee had listed Gibson and Baca as potential
witnesses last week, but Scheper said neither man's testimony
appeared to be relevant.

Scheper said she will make final rulings in the case on Feb. 14,
with jury selection expected later next week. Unless she alters
course, jurors will hear little about the events during and
immediately after Gibson's arrest.

"In my view, it's what happened after this gentleman was
arrested" that is crucial to the case, Scheper said.

The judge said prospective jurors will undoubtedly have heard of
Gibson's arrest, but the way Mee has presented his case renders
Gibson and Baca's testimony unnecessary.

Gibson's reputation was damaged for years after details of the
arrest and his anti-Semitic and sexist rant was leaked to celebrity
website TMZ.

The actor apologized for his conduct, and his conviction was
expunged in 2009 after he completed all the terms of his sentence.

Scheper has said she expects Mee will have difficulty proving
his case, but that jurors should ultimately decide whether he was
passed over for promotions and targeted for reprisals because he is
Jewish.

Mee remains a deputy, although he no longer patrols for drunken
drivers in the coastal community of Malibu where Gibson was
arrested.

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