May 02--A Los Angeles judge said Monday that ailing Sumner Redstone will have to provide testimony in the upcoming trial to determine whether he is mentally competent.
Redstone must give a 15- to 30-minute deposition at his home, which will be videotaped and played for the judge at trial, Los Angeles County Superior Court Judge David J. Cowan ruled.
That portion of the trial will be closed to the public -- but a transcript of the testimony of Viacom Inc. and CBS Corp.'s controlling shareholder will be made available.
"His appearance is of the utmost significance," Cowan said in his tentative ruling. "He is not a peripheral witness."
The judge said there was really no way for him to make an informed decision regarding whether Redstone is mentally competent without hearing from the mogul himself.
"Everyone else the court would hear from will necessarily only be able to provide secondary and less compelling evidence than what Redstone himself would most likely provide," Cowan said. "For this basic reason, it is essential that the court see and hear from Redstone himself to make a fully informed decision."
During the deposition, a lawyer representing each side will be allowed to question Redstone for up to 15 minutes. The judge said he consider a 30-minute time limit, or as little as 5 minutes for each side, but determined that 15 minutes would provide a "meaningful" glimpse.
The session most likely will be scheduled for Thursday, attorney Pierce O'Donnell, who represents Redstone's former companion, Manuela Herzer, said after the hearing.
Redstone's lead attorney, Gabrielle Vidal, told the judge that she wanted to consult with Redstone's doctors before scheduling the session. She also emphasized in court on Monday that the mogul becomes agitated and that stress can worsen his condition.
"Stress and anxiety could be harmful in the extreme for him," Vidal said. She also said that Redstone suffers from an extreme speech impediment, which makes it difficult for people to understand what he is saying.
The trial is expected to begin Friday, barring a last-minute settlement between Redstone, who turns 93 this month, and his former companion, Manuela Herzer. The two sides were near a settlement last month, but those talks collapsed when the two sides began bickering over several points.
Monday's decision, however, could restart settlement talks.
"It should," O'Donnell said after the hearing in the hallway outside Cowan's courtroom. "We'll see."
Cowan tried to strike a balance between Redstone's privacy and pursuit of the facts. Each side has painted dramatically different accounts of the mogul's condition, with Herzer's side describing him as "a living ghost" and those in Redstone's camp saying they have been able to carry on in-depth conversations with the mogul.
Vidal, after the hearing, said: "We appreciate the court's continued protection of Mr. Redstone's privacy and dignity."
Herzer filed the petition questioning Redstone's capacity in late November, after she was removed from the mogul's sprawling mansion and his life in mid-October.
The case is expected to delve into Redstone's often fractured interactions with his daughter and granddaughter. Viacom Chief Executive Philippe Dauman; the mogul's longtime attorney, David Andelman; his doctors and nurses; and even his Paramount Pictures chauffeur, Isileli Tuanaki, are expected to testify.
Herzer's legal team has even said that they might call Redstone's ex-wife, Paula Fortunato, whom he divorced in 2008.
Times staff writer Ryan Faughnder contributed to this report.
