Mel Gibson tapes: Some experts doubt they can be used in court

Audio recordings in which actor Mel Gibson seems to acknowledge hitting his ex-girlfriend have been making headlines all week. But legal experts say it's highly debatable whether the recordings would be admissible even if the case were to go to criminal court.

Of the audio clips released, the most damaging in a criminal case likely would be an exchange in which Gibson apparently tells Russian model and former girlfriend Oksana Grigorieva she “deserved” to be hit.

But the volatile conversation, in which Gibson also uses derogatory terms for women, Latinos and African Americans, seems to have been recorded without the “Lethal Weapon” star’s permission.

Legal experts say that’s where the recording’s admissibility becomes murky. In California, both parties must consent to have a phone conversation recorded. Under normal circumstances, legal experts said, that would make the Gibson tapes unusable in court, and their recording potentially a crime.

But Dmitry Gorin, a defense attorney and former deputy district attorney, said there are rare exceptions when surreptitious recordings can be cleared. One, he said, is for victims of violence. 

“If she falls in that exception then recording is in fact admissible,” Gorin said. The Los Angeles County Sheriff’s Department is currently investigating the allegations of domestic violence.

Officials said the recordings in question, released by celebrity news outlet RadarOnline.com, would be added to other evidence being reviewed by detectives.

Stanford law professor Robert Weisberg said Grigorieva would also have to prove her intention at the time of the recording was to eventually assist police – not, say, to sell the tapes for profit.

Weisberg compared the Gibson tapes to the recordings in the Scott Peterson murder trial, in which the Modesto man was recorded without his permission lying about his whereabouts. In that case, the tapes were deemed admissible, Weisberg said, because they were used to assist law enforcement.

--Robert Faturechi

Photo: Mel Gibson in Santa Monica, 2010 (Kirk McKoy / Los Angeles Times)

Comments

[yxk0012]

There is another exception - for those who expect threats of violence. See CA Penal Code 637(m). Obviously, Oksana Grigorieva had every reason to expect these threats. It may not make the tapes 100% admissible but at least she did not make an illegal recording. Believe it or not, there is some possibility of self-defense even in California. I wonder if our politicos will take it away now...

[Jeff Liddell]

I have been hearing the alleged tape recorded rants of Mel Gibson on every television news channel and read their content in every possible media outlet on the internet, so it is a bit ludicrous to be discussing if they are admissable in court when everyone with an ear or eyesight has heard or seen them. Even with all of the technology available, never was the first amendment written with the thought of protecting the rights of media if the results violate the rights of an individual charged with or accused of criminal behavior.

[TheBigPicture]

I think Mel getting old and dementia is setting in...

He worth 1/2 a billion and he's getting involved in this kind of stuff...

He should of had his fun with the Russian model and then sent her packing...just pay child support and have joint custody...

[Kathy]

Grigorieva has a pattern to have a child with a famous person than go after they money, She is fake inside and outside. I think she should go back to Russia and leave Mel alone. The tapes are all a setup by Grigorieva... and she deserve a kick on her behind.

[Alejandro]

This guy is out of control.....strong words against jews, AA and latins......He LOVES coming down to my country, Costa Rica, where he has come several times. He even met with the president, who welcomed him to our country...then flies back to the US and makes comments againts latins......unbelievable! Also, he has no right to do those remarks (no one has) but even less an inmigrant like him, if Im not wrong, he was born in Australis

Alejandro, from Costa Rica

[Greased zipper]

He should go live with Charlie Sheen

[xicanoboy1331]

You're being threatened and your first recourse is Radaronline?

[Nancy]

Grigorieva is clearly guilty of a crime under California law. She should be punished accordingly. I don't know all of the circumstances for provoking Mel to enunciate these diatribes but you can't record someone unless both parties are in agreement.

[Marley]

Alejandro: Mel was born in the United States and moved to Australia when about 12 years old. And as an American citizen he has every right to make derogatory comments about all of us, including latins, hispanics, whomever. That's one of the great things about America you are free to be a loud-mouth moron no matter your intelligence level or lack thereof.

[El Guapo de la ciudad de Los Angeles]

Grigorieva knows the conversations are being recorded so she makes sure she plays the part of victim while Gibson takes the bait and goes nuts. He is angry because he knows she is manipulating him while she continues to live in HIS house. She presses his buttons and he falls for it. I don't condone his rants but she is playing him like a grand piano.

[monica]

He is old and too full of himself. Plus I believe he is an alcoholic. Such a sad state after all the wonderful movies he has made.

[Steven M.]

I respectfully disagree with your so-called "experts."

The tape was not made or produced by the Office of the District Attorney or the LASO and now is in the public domain.

Second, I believe that if they were to prosecute Mel Gibson's "squeeze," for making the recording, have it admitted as part of the court record and then move to have the charges dismissed during trial, I believe that they could enter the evidence as part of another court's record.

[Tee]

There is no reason to believe Mel is not a fit father - he raised many children before this last one came along.

Mel was born in New York people.

[William Childress]

Obviously, Mel has some issues, but whether or not he actually threatened her isn't clear - it's dependent on what she said and if she actually said it during that conversation. From what I've heard of the tape, it sounds like her end could have been added later and it doesn't sound like its on the phone like his does. I think he could be getting set up. It needs to be reviewed and tested for tampering. That may be another issue concerning whether or not it is admissible in court as well. She actually mentions getting beat - he doesn't say that - he just agrees with whatever she said and said she deserved it (at least in the clip of it I heard on the news - there may have been more that I didn't hear). If she changed what was originally said, for all we know, she could've said anything. Her end does sound a bit scripted, though. Whatever the case, he's got some problems brewing. Just goes to show that even half a billion bucks doesn't buy happiness...

[BGZ]

I absolutely adore this kind of behavior from celbrities. How long will it be until someone makes a "REMIX" or MASHUP of MEL flipping out on YOUTUBE. :)

[ihatehollywood]

this is all just a publicity stunt, dont waste your time

[mike]

@El Guapo de la ciudad de Los Angeles
I have been saying the same thing she is a gold digger. She has that octo mom look. She is also talking to any media that will give her the time of day. I say its a set up. And the part of what Mel said I am not affended and i am mexican Every one and i mean every one has used those words at one point.

[joserizal]

this kind of thing happened to most of us. it just so happen that Mel Gibson is a famous person. he just lost it. and that is what people in media are hoping for. big people, making big blunder, means more money. bottom line for all of this is money. what a sad reality.

[Tony ( aka Brains)]

Again you've got a pack of morons commenting on something NONE of them have ANY idea of whether or not its 'legal'. To reiterate SHE was 'threatened' by Mr Gibson, She was 'harassed' by Mr Gibson, she is the 'victim' here you IDIOTS. Mel has already SHOWN that he is a complete JERK , NO question about it. The first time was when he was 'drunk' and now this. What more do you morons want ? She made the recordings to 'protect' herself For you idiots who say there staged or something ONE its done from her end ( he was on speakerphone) Two she is calm and collected while Mel is a total you know what. To hear women here say that she is anything less than a 'victim' is outrageous. NO one can talk to another human being that way NO ONE !!

[misspoppy]

Something is really off with these tapes. Mel clearly has a problem, but something just isn't right here. I would have been petrified if someone was that out of control, and yet she remains calm, doesn't go to the police, and several months later the tapes are on Radar??

I hope he gets help.

[tierd of excuses]

if there is anyone of us that is free of sin let them throw the first stone...im am positive that more of us than not have been in or heard many a conversationwith screaming,nasty foul words and vulgar name calling. in other words anything and everything trying to hurt the other person. most of the time its just ranting and raving with those cases where it did become physical as i have been through. in any case when you are truly afraid for your life or your families well being you would not stay on the phone that long you wouldnt keep answering it and you wouldnt be so calm about the whole thing. mr gibson needs some sort of rehab but so much of all of this just plain stinks. we should pray for all of them.

[Jones Burrow]

It should be allowed in court because it admits that she is deceptive and always trying to manipulate reality. THere probably was hardly a "hit" with a "fist" and it was no better than someone asking "how long have you been beating your wife". Carefully listen and notice she not listening to him at all and is thus not part of the conversation but she is just waiting to say a certain line that is further provocative. WOrse than what we heard? Anger is not illegal. Your against Mel just because he's angry about how the "relationship" is going. She then says "oh dear, I'm scared for my baby and myself" Then he can't believe it at that moment realistically. That' s why he threatens her so she stops scaring herself as nothing has happened to worry about. ie. She exaggerates right to his face and he gets mad correctly.