Sumner Redstone’s ex-girlfriend Manuela Herzer has indicated that she wants a new trial regarding the mental competency of the 93-year-old Viacom mogul.
After they failed to sway a Los Angeles judge, who ruled last month that Redstone “is presumed to have capacity” to remove Herzer as his healthcare agent, attorneys for Herzer filed paperwork citing new evidence and conflicting statements from Sumner’s daughter Shari.
“On behalf of Manuela Herzer, we have today notified the trial court of possible grounds for a new trial. Primarily, we believe that there is newly-discovered evidence since the trial that significantly corroborates our arguments that Sumner Redstone is mentally incompetent, Redstone was unduly influenced by his daughter Shari Redstone to get rid of Manuela in her plot to take over CBS and Viacom, and Shari Redstone is unfit to serve as her father’s health care agent,” Herzer’s lawyers said in a statement.
“The recent lawsuit filed in Massachusetts by Philippe Dauman and George Abrams cites material new evidence that was not available to Judge David Cowan at the time of trial. While we have not made a final decision to move for a new trial, we will continue our investigation to learn more about the cover-up that infected the trial court proceedings.”
Judge Cowan ended a May trial in Los Angeles Superior Court after two days of testimony. The judge appeared to believe that Sumner Redstone was acting of his free will when he shut Herzer out of his life. She primarily served as a decider in Sumner’s healthcare.
Immediately following the dismissal, Herzer filed a civil suit seeking in excess of $70 million in damages. She has accused a network of healthcare workers and family of colluding to dump her from Sumner’s life.
Shari Redstone and sons Tyler and Brandon Korff, Sumner’s house manager Isileli Tuanaki and lead nurse Jeremy Jagiello all appear in the suit.
“Shari organized and implemented what would eventually become a successful campaign to turn Sumner against Herzer and strip Herzer not only of her role as his health care agent, but also of her inheritance,” that suit said.
A Massachusetts hearing regarding Redstone’s competency, brought by Viacom CEO Dauman, will take place June 7.
Pamela Chelin contributed to this report.