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 In a legal brief prepared over the weekend, Redstone's attorneys
argued that the case should be dismissed, saying their client was
competent and had made his wishes clear.
In a brief of their own, attorneys representing his ex-girlfriend,
Manuela Herzer, argued that only a full trial could determine
whether Redstone was competent and urged the judge to evaluate all
the evidence "rather than looking at Redstone's testimony in a
vacuum or in isolation."
The new legal arguments came in response to a request from Judge
David Cowan, after a closed session on Friday, the opening day of
trial, in which he watched videotaped testimony from the
multibillionaire.
A transcript of the recording shows Redstone struggling to answer
some questions coherently. But he was exceptionally clear about not
wanting Herzer to play any role in his life, referring to her
repeatedly as a "fucking bitch."
 Cowan called Redstone's testimony "strong evidence," and said he
would consider over the weekend whether to grant a request by
Redstone's attorneys to toss out the case. He asked both sides to
prepare legal briefs laying out their positions on why the case
should or shouldn't be dismissed.
Herzer, 52, contends Redstone, the controlling shareholder of Viacom
Inc and CBS Corp, was not mentally competent when he removed her as
his designated healthcare agent last October.
"Does he know what he's doing? That's what I'm wrestling with,"
Cowan said.
Herzer earned Redstone's animosity, the new Redstone brief contends,
by filing "a petition full of needlessly salacious allegations about
Mr. Redstone's private affairs" thereby making "the most intimate
details of Mr. Redstone's life and medical condition" fodder for
national media coverage.
Herzer's attorneys assert in their filing that Redstone was unduly
influenced and lacked capacity to make an independent decision. His
care-givers were "a den of spies and co-conspirators of Shari
Redstone," the filing argues, "all working together to remove Herzer
and take control of Redstone for their own financially-motivated
(and sometimes competing) reasons."
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Herzer's attorneys presented testimony on Friday from geriatric
psychiatrist Stephen Read, who said that Redstone had dementia.
Read said he examined Redstone earlier this year on Herzer's behalf.
Among other tasks, Read said he asked Redstone to identify colored
shapes.
"He did very poorly," Read said, pointing at a green square when
asked to point to a blue star. Read also said that Redstone has
"uncontrollable outbursts of anger," which interfere with his
ability to reason.
If the case goes forward, the judge will hear on Monday from Keryn
Redstone, a granddaughter of the mogul who is siding with Herzer. In
court filings, 34-year-old Keryn Redstone said her grandfather had
become a "prisoner in his own home" after Herzer was suddenly
ejected from the mansion in October.
When she last saw her grandfather in February, "he just sat there,
staring into space," Keryn Redstone said.
A month ago, the two sides had reached a preliminary settlement
agreement that would have awarded Herzer about $30 million,
according to a source familiar with the matter. Those talks fell
apart and the case proceeded to trial.
(Reporting by Lisa Richwine; editing by Sue Horton, G Crosse)
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