10:59am PT by Ashley Cullins
Sumner Redstone's Ex-Companion Moves for New Trial in Healthcare Dispute
After a trial to determine who Sumner Redstone wants to control his healthcare decisions was cut short, his former companion is requesting a new one.
Manuela Herzer claims newly discovered evidence makes the court order dismissing her initial petition vulnerable to reversal, according to the notice filed Wednesday by Herzer’s attorney Ronald Richards. She sued to regain control after she was kicked out of Redstone's home and removed as his healthcare agent last fall.
“Moments after this Court’s ruling, Shari Redstone, in her father’s name, began making irrational and self-interested decisions … and isolating her father. Shari’s ability to manipulate and deceive her father is further proof (not available at trial) that Sumner Redstone is not mentally competent, is the victim of extreme undue influence, and that Shari Redstone is unfit to serve as her father’s healthcare agent.”
The notice claims false testimony was submitted and the court was shielded from relevant evidence.
It also says the court considered Redstone's video deposition "in a vacuum" without considering other evidence. In that deposition Redstone repeatedly calls Herzer a "f—ing bitch," which weighed heavily in Judge David Cowan's decision to dismiss the matter mid-trial.
"Mr. Redstone’s testimony was strong," Cowan said after viewing the video. "How can I sit here and say after listening to that video, 'No, you can’t have what you want'?"
Herzer's attorneys argue that Redstone was brainwashed into believing she betrayed him and that brainwashing continues at present, which is why he would continue to hold his false opinions of her.
"Ms. Herzer looks forward to exposing the numerous legal and factual errors that have come to light by the reckless acts of a few at the direction of one, who are part of a cabal to steal Sumner Redstone’s legacy and to ignore both his medical and testamentary wishes," Richards tells The Hollywood Reporter. "Fortunately, subsequent events including legal actions by others have provided a window for her to expose the factual and legal errors that corrupted her search for justice in connection with the theft of her advance healthcare directive. We are hopeful we can save her friend Sumner Redstone from the familial apocalypse he had sought to avoid during his entire lifetime."