Mel Gibson Inquiry Under Way

In the midst of a custody dispute between Mel Gibson and ex-girlfriend Oksana Grigorieva, alleged recordings of the actor that were released on the Internet have resulted in a criminal investigation for domestic violence allegations.

Central to the potential criminal case are the recordings in question and a photograph of Grigorieva, which purports to show injuries that she claims she suffered in an altercation with Gibson.

The key question being considered by the district attorney’s office is the admissibility of the evidence in a court of law. Recorded phone conversations are illegal under California law unless both parties consent. Since Grigorieva recorded Gibson without his permission, there is a presumption that the recordings are inadmissible.

However, the California penal code allows an exception for “crimes involving threats of violence.”

The judge will have to conduct a factual inquiry, much like a preliminary hearing, to determine whether the recordings can be used as evidence. Gibson’s lawyers will argue that the tapes should be tossed because they have been altered.

Bonnie Fuller, editor of HollywoodLife.com, retained forensic audio experts to examine the recordings. The experts concluded that the audio was edited, with parts of the conversation having been removed and phrases pieced together. “There are words that are edited out, there are spaces, there are gaps,” Fuller told “Good Morning America.”

As to the photo, a dentist who is familiar with Grigorieva, and had repaired her veneers, Dr. Ross Shelden, took the pictures and gave them to her lawyers.

TMZ reported the dentist said that “100 percent the photo circulating on the Internet has been altered” and additionally suggested that “the nose is not hers. The lips are not right. It's not a true and accurate picture.”

Grigorieva’s request to strip Gibson of all of his custody rights was denied by the judge in the case. This was due, in great part, to a declaration filed by Gibson’s estranged wife who said he never was abusive to her or acted in a violent way toward their seven children throughout almost 30 years of marriage.

Under the circumstances, if Gibson is charged with a crime, considering that he has no serious conviction on his record, the charge would likely be misdemeanor domestic violence.

When all of the complex proceedings are concluded, even if there were a conviction, it is probable that the outcome for Gibson would be probation and counseling.

Note: Mel Gibson is a business associate and friend. My sincere hope is that he will receive fair treatment in the media and the courts. I hope, too, that he receives the best available assistance for the personal issues with which he is dealing.