Halle Berry Denies Abuse Claims, Points to Absence of Injuries in Photo Taken by Her 13-Year-Old Son, Maceo – USFTB

NEED TO KNOW

• Halle Berry denies ex-husband Olivier Martinez’s claim that an image their 13-year-old son captured shows evidence supporting the child abuse allegations against her

• Martinez alleged that their son, Maceo, took the photo of the actress because “he has been roughed up” before, but “no one believed him”

• The recent filings from both parties follow Martinez’s claims that Berry “physically abused” Maceo in a Sept. 26 incident

Halle Berry refutes ex-husband Olivier Martinez‘s claim that a photo taken of her corroborates accusations that she abused their 13-year-old son Maceo.

Berry filed a responsive declaration on Tuesday, Oct. 13, responding to Martinez’s Monday, Oct. 12 filing, which included a photo of Berry. Martinez alleged that Maceo “immediately took a picture of” his mother “during the aftermath of the recent incident,” according to the filing obtained by PEOPLE.

In the Oct. 1 filing, Martinez, 60, filed for sole custody of Maceo, claiming that Berry, also 60, “physically abused” him in a Sept. 26 incident and alleging “other instances of abuse” in recent years. Berry has denied the accusation, saying she is a victim of domestic violence herself.

Martinez subsequently alleged in the Oct. 12 filing that their son took the photo of the actress because “he has been roughed up” before, but “no one believed him.”

However, Berry claimed the photo does not corroborate Olivier’s allegations of strangulation, according to her Tuesday, Oct. 13 responsive declaration obtained by PEOPLE, claiming there is no photo “depicting an injury to Maceo, any redness, any bruising, any mark on his neck” that aligns with Olivier’s allegations.

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“The only photograph Olivier identifies is a photograph of Halle, standing calmly, with hands in her pocket, feet away from Maceo,” the responsive declaration notes.

PEOPLE reached out to Olivier’s lawyer, Patrick Baghdaserians, for comment.

Berry also alleged that Martinez made misleading claims that her fiancé, Van Hunt, inspected Maceo for injuries. “Van did not state that he conducted an inspection of Maceo’s body or neck. Van simply stated that he did not observe redness or bruising on Maceo. Those are two entirely different propositions.”

“Olivier attempts to transform a straightforward factual observation into something it is not, while ignoring the significance of the observation itself, namely, that the only adult witness present did not observe injuries consistent with Olivier’s allegations,” she claimed in the filing.

Additionally, Berry objected to Martinez’s request that Maceo testify during the upcoming custody hearings. Martinez said that Maceo wants to address the court “to provide his side of the story,” according to Martinez’s declaration. Martinez said Maceo wants to openly discuss his custody preferences and the alleged incident from September.

“He should have the opportunity to have his voice heard regarding what he experienced that night,” Martinez wrote in his declaration. “If he is prevented from addressing the Court regarding these allegations, I fear that he would be dissuaded from reporting problems or potential abuse in the future.”

Martinez added that he anticipated Berry would try “to prevent our son from addressing the Court directly,” explaining that their son’s testimony will be “key to the Court learning the full truth about the events that occurred on September 26th.”

In her Tuesday, Oct. 13 response, Berry claimed Martinez had “coached and manipulated” Maceo, adding that Martinez is “seeking relief while discounting the testimony of adult witnesses with direct personal knowledge of the relevant events.”

Martinez’s lawyer Patrick Baghdaserians denied the allegations in a statement obtained by PEOPLE. “We vehemently deny such allegations. The child is the primary victim here.”

“Victims of abuse should be able to testify regarding the abuse inflicted upon them. We are not surprised that the opposing party does not want the child Maceo to testify,” Baghdaserians continued. “The opposing party is seemingly scared of what the child will say.”

If you suspect child abuse, call the Childhelp National Child Abuse Hotline at 1-800-4-A-Child or 1-800-422-4453, or go to www.childhelp.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.

Read the original article on People