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Mel Gibson recording's admissibility in court is murky, legal experts say
Los Angeles Times ^ | 07/16/2010 | Robert Faturechi

Posted on 07/16/2010 5:10:07 PM PDT by SeekAndFind

An audio recording of Mel Gibson allegedly hurling profanities and making threats to his ex-girlfriend has been generating headlines all week. But there is much debate among legal experts about whether the recording would be allowed in any criminal prosecution of the actor-director.

In the recording released this week by the celebrity news website RadarOnline, the "Lethal Weapon" star is purportedly heard admitting to an assault, telling Russian model and former girlfriend Oksana Grigorieva that she "deserved" to be hit.

Los Angeles County sheriff's officials are conducting a domestic violence investigation into allegations that Gibson harmed Grigorieva during an alleged confrontation in January.

On Thursday, detectives went to court and obtained the recording, which had been filed under seal as part of a child custody battle between Grigorieva and Gibson.

The recording, which appears to have been made during at least one telephone conversation, has not been authenticated. Neither Gibson nor his representatives have commented on the recording or said whether it is of the star.

The volatile conversation, in which the caller uses derogatory terms for women, seems to have been surreptitiously recorded. Legal experts say that's where the recording's admissibility in court becomes murky.

In California, both parties must consent to have a phone conversation recorded. Under normal circumstances, legal experts said, that would make the recording unusable in court, and its recording potentially a crime.

But Dmitry Gorin, a defense attorney and former deputy district attorney, said there are exceptions that allow secret recordings to be used. One, he said, is for victims of violence.

"If she falls in that exception, then [the] recording is, in fact, admissible," Gorin said.

(Excerpt) Read more at latimes.com ...


TOPICS: Society; TV/Movies
KEYWORDS: domesticviolence; melgibson
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To: SeekAndFind

that’s a very interesting before/after,esp since the stained teeth are in the before and the shapes of the teeth are totally different as well-


21 posted on 07/16/2010 8:17:54 PM PDT by catroina54
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To: catroina54

I think she’s probably regretting putting this stuff out to the media....she just thought we would automatically go to her side??....Like we’re brainless???


22 posted on 07/17/2010 3:04:54 AM PDT by Sacajaweau (What)
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To: SeekAndFind
"If she falls in that exception, then [the] recording is, in fact, admissible," Gorin said.

If she fell into that exception, but she can't use the recording to create the exception.
23 posted on 07/17/2010 3:15:47 AM PDT by aruanan
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