July 24, 2010
Mel tape useless in court?
The audio tape recording of what appears to be Mel Gibson is already the focal point for the attorneys and law enforcement involved in the high-profile domestic-violence investigation and child-custody dispute between the filmmaker and ex-girlfriend Oksana Grigorieva. If it is Gibson in the recording, is it admissible in court?
According to reports, Grigorieva secretly recorded the conversation, which was banned from release by the judge overseeing the child-custody lawsuit but somehow leaked to Radar Online. In California, it is illegal to intentionally record a confidential communication without the consent of all parties to the communication.
Secretly recording a confidential communication -- defined by the California Penal Code as any communication carried on in circumstances reasonably indicating that one or more of the parties desires it to be confined to the parties to the communication -- is punishable by up to a $2,500 fine or imprisonment of up to a year, or both.
Gibson, as the party who was allegedly secretly recorded, may also have a civil right of action against Grigorieva for statutory damages of $5,000 or actual damages, plus payment of his attorneys' fees and costs.
Of course, the possible consequences of secretly recording a confidential communication do not stop there. The recording also may not be used as evidence in any court or administrative proceeding, which, at first blush, can be a great shield for Gibson in both the child-custody dispute and domestic violence investigation.
My opinion is she should have just sucked his cock.