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Is Oksana Grigorieva taking the lead?

by Dan
September 29, 2010 at 12:49 pm

You might say that. She has recently hired a new lawyer – Dan O’Malley, distances herself from allegations that she sold audio tapes in order to extort Mel Gibson, has their baby Lucia under the benefits of a trust fund made by Mel and Robyn … oh … and so on.


Oksana Grigorieva has just hired a new lawyer, Dan O’Malley, who is a retired judge, former prosecutor and current candidate for District Attorney of Contra Costa County, CA, who specializes in domestic violence. Problem is … if he wins the election, she loses him.

Daniel Horowitz, one of Oksana’s lawyers, told TMZ that Dan O’Malley will “hook up people in the domestic violence community to help Oksana,” as well as “interface with the L.A. County District Attorney regarding the Mel Gibson domestic violence investigation.”

She must have an army by now …

The fire escape

Sources close to the mediation in May 16 said that Oksana Grigorieva’s sister is in possession of the secret audio recordings in which Mel Gibson goes nuts and that she had the recordings months before they became public.

The recordings became public in July and the L.A. County Sheriff’s Department, among others, are trying to determine who leaked the tapes and who, if anyone, got paid.

That piece of information, if true, may take out the extortion allegations from Oksana’s shoulders.

About that extortion …

L.A. County Sheriff’s Department spokesperson Steve Whitmore told TMZ that “One of the challenges investigators are facing is what is considered a legal negotiating tactic and what constitutes extortion.”

So … was it extortion … or negotiation?

The Icon Trust

Mel and Robyn created the Icon Trust to provide financial security for their kids. But when the trust was drafted, it defined “issue” as kids born from Mel or Robyn, not Mel and Robyn.

So Lucia, Mel Gibson and Oksana Grigorieva daughter is automatically a beneficiary under the trust, something that was never contemplated or intended.

Sources say Mel, Robyn and their 7 kids all love Lucia and want to provide for her, but including Lucia in the trust would create major tax issues.

Problem is … Oksana consented with the first term of the agreement which stated that “Oksana consents to amendment of Icon Trust to exclude Lucia.” She did it because upon Mel’s death, Lucia will receive no less than $4.3 million in addition to the $2 million life insurance policy.

All she has to do now is to disavow the mediation deal so that their daughter, Lucia, could benefit from the Icon Trust.

Could she do that? Let’s see …

The illegal mediation claims

She already did. Oksana Grigorieva disavowed the agreement after signing it, claiming she was bullied into signing the agreement by Mel’s lawyers. They replied they never had contact with Oksana during the two-day mediation.

Her lawyers will argue the mediation agreement Oksana signed with Mel Gibson was illegal, because it allegedly involved the destruction of evidence.

TMZ obtained the agreement Mel and Oksana signed on May 16, in which Mel promised to give Oksana and Lucia approximately $15 million in return for Oksana turning over all “evidence” and that “all evidence will be destroyed …”

Sources directly connected with the mediation told TMZ that the words “domestic violence” or “prosecution” were never mentioned in the mediation. Sources say there was never mention of destroying evidence of a crime.

Will Oksana and her legal team manage to prove it was an illegal mediation?

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