Sumner Redstone was difficult to understand and his words at times had to be interpreted by his nurse, but the 92-year-old medial mogul was clear when asked if he wanted his ex-girlfriend to be the one to take care of him.
He repeatedly used expletives to describe Manuela Herzer, could recall that he booted her from his Los Angeles mansion, and when asked why he made Herzer leave Redstone repeated the expletives.
He clearly said the word “Shari” when asked who he wanted to be responsible for his health decisions. Shari Redstone is his daughter who is currently his health care proxy.
The 15 minute deposition of Redstone was played in court Friday after the room was cleared of spectators and the media. A transcript of it was later distributed.
The questioning of Redstone, the former chairman of both Viacom and CBS, was expected to be a key moment on the trial which is meant to determine whether he was competent when he evicted Herzer and removed her as the person responsible for his health care decisions.
Superior Court Judge David J. Cowan told Herzer’s lawyer, “Your burden is a hard one.”
Herzer’s attorney Pierce O’Donnell drew a different picture of Redstone’s deposition in his opening statement.
“He was unable to answer even the simplest questions. I left his home profoundly disturbed,” O’Donnell said.
The lawyer said Herzer, 51, was intent on protecting Redstone.
Dr. Stephen Read, a psychiatrist who examined Redstone for Herzer’s legal team, testified Friday that Redstone’s replies in the deposition were “stereotypical statements” Redstone made without seeming to think about them.
Redstone’s lawyers, however, have said that Herzer was simply after money.
A ruling by Cowan, who is presiding over a trial without a jury, that Redstone is incompetent would also open the door to a power struggle over control his media empire.
A settlement with Herzer was agreed upon earlier this year, but collapsed, sending the case to trial.