Mahim Khan, who recently threatened the life of a witness’ baby, lied on the stand about collaborating with Elizabeth Taylor and other ex-FilmOn employees; Her star witness, the son of Hollywood director Peter Hyams, lied about bringing a gun to the office
In the third day of Gloria Allred’s most recent case against tech mogul Alki David, her junior partner Nathan Goldberg asked that David be banned, not just from the courtroom, but from the entire courthouse. Something Judge Michelle Williams wisely said would be unconstitutional. Still, when David reacted to Allred’s star witness Nicky Hyams, AKA Lush One, saying he was not the one who brought a gun to the FilmOn office in a 2015 incident, Judge Williams asked him to leave–but just until after lunch time.
Under cross examination, Ellyn Garofolo, representing David’s companies, showed Mahim Khan was lying on several important points–completely impeaching her testimony. Khan lied about having contact with another ex-employee, Elizabeth Taylor, whose case Gloria Allred handed off to daughter Lisa Bloom. (That ended in a mistrial, 8-4 in David’s favor, last October). Under questioning, Khan admitted that Taylor had asked her to be a witness on her behalf. Garofolo showed the jury text messages between Khan and Taylor in which Taylor offered Khan money and help finding a new job if she would join her in her attempt to extort David. Taylor also claims she did not learn about a previously sealed financial arrangement from other employees after Allred leaked the information to them–a fact that contradicts previous testimony from witnesses.
Khan and Hyams were both caught lying about seeing Taylor held upside down in the office. By her own testimony and in her written complaints, Taylor was wheelbarrowing across the office–with David holding her ankles and Taylor walking on her hands. Hyams even embellished his false account by saying David had “flung her over his shoulders.”
Khan lied about David announcing that an exotic dancer that was in the office was his birthday present for an employee–in fact David was not present during that event when a PG-rated male dancer visited the office.
Khan lied repeatedly about a planned extended trip to Dubai that she had been planning for months before her supposed resignation over David’s behavior. Garofolo showed numerous texts between Khan and her best friend Lauren Berkley showing the plan was underway for the entire summer leading up to her departure from FilmOn.
One of the most egregious things going on in this trial is that another accuser, Lauren Reeves, was allowed to testify under the “MeToo” loophole. So-called MeToo cases are the only cases in which a witness to unrelated events can testify. But Judge Williams has allowed Allred & Goldberg to stretch this exception well beyond its intended scope, by allowing Reeves to take the stand who worked at FilmOn much later than Khan and had no interaction with her ever at the office. Read Law360’s criticism of this abuse of the MeToo loophole here.
Goldberg has been known to coach witnesses to gild the lily–in his case with Reeves his witness Jake “Cum Ghost” Weisberg exaggerated what he said he saw in ways that contradicted the Plaintiff’s account. In Khan v. David, he spent 50 minutes coaching Nick Hyams before his 15 minutes of testimony and what came of it was disastrous. Hyams, who is a failed rapper, and the son of B-Movie director Peter Hyams (Capricorn One, Timecop), said he saw many more incidents of alleged touching than the Plaintiff ever said there were–and contradicted her account of the clothing she wore during the specific accounts she had alleged. In her most extreme allegation, Khan says she was wearing a lowcut yellow dress and David slipped his hands into the top–and she says Hyams witnessed this. Hyams said he only ever saw her wear oversized sweaters–never acknowledged a yellow dress.
The worst moment for Hyams was when he tried to dance around the fact that he brought a gun to the FilmOn office and caused a major security incident. Hyams best friend and business associated is Grant Zimmerman who was fired for embezzling more than $100,000 and was also involved in forming the conspiracy to sue David, adding his own suit to the mix claiming sexual harassment. Zimmerman has a criminal record and was involved in several altercations while working at FilmOn that wound up involving the police.
Hyams also embarrassed himself claiming David sexually harassed him too–citing his unorthodox methods in the workplace. What Hyams didn’t realize is he perfectly made the case that David’s ways of running his company, although sometimes off-putting, were never targeting women, or Khan.
This all comes on the same week that a police report in Connecticut showed Khan threatened her former best friend Lauren Berkely’s two-year old daughter. Khan insinuates the baby will come to harm because Berkely provided information to David’s defense in a horrific text message. Making brutal mob-like threats may be something Khan learned from Gloria Allred herself, as the Daily Beast recently revealed, Allred threatened that things would get much worse for her own client Summer Zervos, if she fired her