The recordings of Mel Gibson's alleged threats to his then-girlfriend Oksana Grigorieva are gaining a great amount of attention, now that the leaked tape recordings have been circulated all over the Internet. But some Los Angeles criminal defense attorneys are questioning if the leaked tape recordings will actually be able to be used as evidence if he is ordered to stand trial.
The audio recordings, which were released through RadarOnline.com, contain graphic and profane language in which the Russian singer is threatened with violence. It has not been proven that the man making the threats is actually Mel Gibson, but the voice recordings do sound like the actor and Mel Gibson has not yet denied that he said those statements.
Mel Gibson is now the center of a domestic violence investigation by the Los Angeles County Sheriff's Department. If authorities are able to gather enough evidence in their investigation, the Los Angeles County District Attorney's office could pursue criminal charges.
If Mel Gibson is charged with a domestic violence crime, then his Los Angeles criminal defense lawyer may argue that the tape recordings were gathered in an illegal manner. According to Entertainment Weekly, California law states that there must be two-party consent when recording phone conversations. If Oksana Grigorieva recorded the threats without the suspect's knowledge, the recordings shouldn't be admissible in court. However, Section 633.5 of the California Penal Code allows an exception to this law if the recording involves the gathering of evidence for any felony involving violence. It will be up to a judge to determine if the tapes should be admissible.
Related Resources:
- Mel Gibson Facing Felony Assault Charges? (FindLaw's Celebrity Justice Blog)
- Find a Los Angeles Criminal Defense Lawyer (FindLaw)
- Mel Gibson / Oksana Grigorieva Restraining Order Creates Confusion (FindLaw's Celebrity Justice Blog)
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