Lawyers clash on mental competency of media mogul Redstone
By ANTHONY McCARTNEY, Associated Press
May 6, 2016 12:53 PM CDT
FILE - In this April 20, 2013, file photo, media mogul Sumner Redstone arrives at the 2013 MOCA Gala celebrating the opening of the Urs Fischer exhibition at MOCA, in Los Angeles. A judge ruled on Monday, May 2, 2016, that Sumner Redstone should give 30 minutes of videotaped, sworn testimony in a case...   (Associated Press)

LOS ANGELES (AP) — Lawyers on both sides agree that ailing media mogul Sumner Redstone was being manipulated in the months before he expelled a longtime companion from his life.

They disagree, however, on who was trying to control him.

The lawyers laid out their differing accounts Friday during opening statements in Los Angeles at a trial to determine if the 92-year-old Redstone is mentally competent.

Attorney Pierce O'Donnell, who represents Redstone's ex-girlfriend Manuela Herzer, said Redstone is a feeble shell of the media titan he once was, and has been manipulated by his daughter.

He said Herzer is trying to have Redstone declared incompetent to protect him from a circle of deceit around him.

Redstone's attorneys Robert Klieger countered that Redstone had expelled Herzer from his home in October after discovering her lies.

Redstone controls CBS Corp. and Viacom Inc. He has a variety of health issues, including a severe speech impediment.

O'Donnell said he left a 20-minute session with Redstone on Thursday profoundly disturbed by the businessman's condition.

"He is a living ghost whose mind has tragically become feeble," O'Donnell said during his opening statement.

Klieger said Redstone has trouble communicating but no difficulty comprehending what's going on around him.

Superior Court Judge David J. Cowan watched a video of testimony by Redstone in closed session that Cowan said will be a key to his decision on whether Redstone lacked the mental capacity to expel Herzer from his mansion and replace her as the person in charge of his medical decisions.

A transcript of the testimony shows Redstone saying, "I want Manuela out of my life," in response to a question about how he wants the trial to end.

If Redstone is deemed incompetent, several changes he has made to his estate plans would be invalidated.

O'Donnell criticized Redstone's daughter Shari in his opening statement, accusing her of manipulating her father against Herzer.

Klieger rejected that claim, saying Herzer repeatedly lied to Redstone and tried to isolate him from his family and other women.

Herzer and another of Redstone's ex-girlfriends received $150 million from the mogul between 2010 and 2015, a court document states.

Klieger called the accusations against Shari Redstone a sideshow and said Herzer would not be able to prove Sumner Redstone is incapacitated.

O'Donnell said Redstone and Herzer ended their romantic relationship in the late 1990s and remained close friends and confidantes until October.

"They were lovers and best friends that transcended intimacy," O'Donnell said. Herzer was thrown out after Redstone was lied to about her, the lawyer said.

"In the blink of an eye, literally in a 48-hour period, 17 years of friendship evaporated," O'Donnell said.

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Anthony McCartney can be reached at http://twitter.com/mccartneyAP