Is Oksana Grigorieva taking the lead?

O’Malley

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?

Image source: poponthepop.com

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Simon Barney, former husband of Tamra Barney arrested

It seems that on Monday, Simon became violent with Tamra and threw a dog leash at her.

Moreover, the police said: “Apparently Simon went to his ex-wife’s home to return the dog he was watching. According to the victim, he threw a retractable dog leash at her, she lifted her arm in a defensive move, and it struck her wrist.”

Barney was the one that filed for divorce and now he was arrested for domestic violence. Moreover, police officers placed an emergency protective order against Simon Barney.

Police officials to investigate Mel Gibson again

One source close to the investigation said that the second round of questions shows how seriously the Department is taking the investigation of Oksana Grigorieva and Mel’s claim that she tried extorting him for millions in connection with the incendiary tapes.

As TMZ found out, Mel has cooperated with investigators and will continue to cooperate by sitting for another interview.

A law enforcement sources say that investigators informed Mel’s lawyer they won’t ask questions about the domestic violence case.

The Sheriff’s Department turned the domestic violence case over to the D.A. Wednesday but the extortion investigation continues.

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Oksana Grigorieva wants more money from Mel Gibson for Lucia’s child support

Oksana Grigorieva, who has accused Mel of beating and threatening to kill her and Lucia, asked him to up his child support payments.

Sources say Mel’s lawyers argued the kid is nine months old and doesn’t need more than Mel is paying – $5,000 per month plus additional living expenses.

Judge Scott Gordon decided not to rule on the spot, but to think that one over.

Mel Gibson’s court deposition has been postponed and sources say a date still has not been set. Oksana claims he’s trying to avoid it.

Attorneys for both sides were to discuss whether to seize the passport of Mel and Oksana’s daughter Lucia, so that neither party could take her out of the country but the matter never came up.

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Mel Gibson and Oksana Grigorieva investigations are running side by side

While both investigations are ongoing, a decision will be made on whether to file charges at the same time.

The L.A. County Sheriff’s Department has still plenty of work to do before sending the extortion case to the D.A.

Oksana Grigorieva may subpoena Robyn Gibson

In the meantime, Oksana’s lawyers are pretty unsure about Mel’s ex-wife claims that the actor was never violent during their marriage and are ready to subpoena Robyn Moore Gibson to appear before a deposition.

Mel left Robyn around the same time he got together with Oksana. Shortly after news of Mel’s divorce hit, Oksana Grigorieva became pregnant. She and Mel are also battling for custody of daughter Lucia, now nine months.

Oksana has told police that Mel once admitted hurling a TV at Robyn Gibson, and claims that she personally witnessed him hit his youngest son, Tommy.

Earlier this summer, Mel’s ex-wife, Robyn Moore Gibson, came to Mel’s defense with a sworn affidavit submitted to the court stating Mel was never once abusive to her or his kids.

“Mel never engaged in physical abuse of any kind toward me before, during, or after our marriage,” Robyn reportedly told the judge overseeing the case.

Considering the way their marriage ended and the leak of Mel’s phone meltdowns, Robyn’s support was surprising, leading some to question her motivation.

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Gibson’s babysitter says he freaked out before fight

Before the incident Oksana went to a basketball game, leaving Mel, baby Lucia and the babysitter at Mel’s Malibu home.

According to sources connected with the case, the babysitter says Mel “began freaking out” while Oksana was gone, “slamming doors, cussing and screaming at someone on the phone.” The babysitter says Mel was screaming to someone on the phone, “I want to f**king destroy you.”

After that, the babysitter called Oksana and urged her to come home because Mel was losing it. The babysitter claims, “Mel was possessed and completely out of control.”

Sources say the babysitter was present when Oksana returned home but left before anything physical occurred.

Other sources, however, question the babysitter’s claims, because they say she never previously made any such allegations.

TMZ reports that people connected with the babysitter told that she didn’t come forward with her story because she’s fearful of Mel and is fighting stage 4 cancer and undergoing chemo.

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Is Mel Gibson going to sit for his deposition?

Friends of Oksana Grigorieva – who accuses Gibson of beating her – claim that he deliberately stalling to avoid sitting for his deposition.

The reason – in their opinion – would be the fact that Mel does not want his deposition taken before the L.A. County District Attorney makes a decision on whether to prosecute the actor.

The D.A.’s office will make ts decision on whether the police’s domestic violence investigation warrants charges against him within the next couple of weeks.

TMZ, however, speculates that Mel will almost certainly choose to assert his Fifth Amendment privilege on most, if not all, of the events surrounding the January 6 fight.

Oksana was not hapy learning that Mel was out of the country on a fishing trip, especially because the deposition was scheduled more than two weeks ago.

Other sources dispute that Mel is intentionally avoiding his deposition, saying he will be back this weekend and the deposition should take place shortly.

Meanwhile, Gibson apparently hired some private investigators attempting to discredit Oksana Grigorieva.

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Mel Gibson hires private investigators, attempting to discredit Oksana Grigorieva

According to Radar Online, the private detectives have already visited two witnesses who are willing to provide evidence against Mel, being accused of domestic violence on Oksana Grigorieva on January 6.

Oksana Grigorieva said to the police, who were investigating the domestic violence, that Gibson hit her twice before leaving her with two broken teeth and a concussion.

One of the witnesses to visit Gibson’s private detectives was Oksana dentist Dr. Sheldon Ross, whose accounts of the injuries Oksana suffered have varied.

“This calculated ploy explains the conflicting stories the dentist supposedly made about injuries Oksana suffered at the hands of Mel,” said a source.

Despite the seemingly contradictory stories, Dr. Sheldon is willing to go further on the file, confirming that Oksana received a blow, after which she suffered.

The punches of January 6, were not the first signs of domestic violence from Gibson. In November, 2009, just weeks after Lucia was born, Oksana was assaulted by Mel.

“Oksana said Mel got right up in her face during a confrontation and was screaming and berating her,” said a source familiar with the investigation.

She told law enforcement Mel was so worked up, he was literally frothing at the mouth as he spewed hatred and even spat saliva in her face.

“Oksana said Mel pushed her on the shoulder and butted her with his chest,” said the source. “Oksana claimed Mel pushed her a number of times.”

The L.A. County Sheriff’s Department will turn over the case to the D.A.’s office, which will decide whether to file charges, in about two weeks.

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Another witness on the horizon of Gibson-Grigorieva scandal

He said he witnessed clashes between Gibson and Grigorieva, and says he could be a “star witness” in the ongoing investigation of domestic violence against Gibson.

Jimmy, this is the guy’s name, witnessed the hard words between Gibson and Grigorieva, for several months, and has provided a legal declaration stating so.

Jimmy said to several sources close to Oksana, people who know her quite well, both professionally and personally, that he was with her every day during the 10 months to help her in her music, so they can attest to his behavior.

According to sources, Jimmy heard the offensive words frequently addressed by Mel to Oksana like: whore, slut, b! Tch, c ** t, etc.. Words that can be heared on the tapes recorded by Oksana. Apparently, a cause of Gibson exits was the jealousy. When were men around Oksana, Gibson loses control.

Jimmy said that he would have never seen Gibson physically abusing Grigorieva, nor was present on January 6, when Oksana accuses Mel of domestic violence. It is rumored that other witnesses had seen the physical abuse, but their identity remains unclear.

Even if the sound engineer has given a written statement including “Eyewitness Account” to Oksana lawyers of several alleged fights between Oksana and Mel, L.A. County Sheriff’s, investigators still have not talked to Jimmy.

Mel has not been charged with a crime and police are also investigating Oksana of extortion against Gibson.

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Are Mel Gibson’s sons witnesses at his brawl with Oksana Grigorieva, on January 6?

William and Tommy Gibson could play a significant role in the battle for the custody of Lucia and for the investigation of Mel’s domestic violence.

Oksana Grigorieva accused Gibson of domestic violence in January, saying that he hit her while she was holding their daughter in her arms. Oksana also said she feared for her life and Lucia’s.

According to Radar Online, Mel went into a tirade and threw a chair through a glass door in December.

Oksana, her mother and Lucia were huddled at Mel’s gesture. William, one of the seven sons of Mel and Robyn Gibson (Robyn deny that he has ever been abusive) was also there.

Until now the identity of this witness was not known.

A source told Radar Online: “Oksana’s mother was downstairs at the time but apparently heard the screaming and commotion and immediately went upstairs.”

“After she saw Mel screaming at Oksana, she ran out and quickly returned with Mel’s son, William, who attempted to engage Mel in conversation.”

“William tried to talk Mel down from his tirade and engage him in a conversation while Oksana and her mom fled to a guest room with the baby.”

Earlier this week, Oksana claimed Mel hit Tommy, his youngest son at a hockey game at L.A. Staples Center, two and a half years ago.

“Oksana said that approximately two-and-a-half-years ago, while Mel and Tommy were in her presence, Mel hit Tommy in the head,” said a source.

Investigators have talked with Mel, Oksana and her son, Sacha, 12, who was also a witness on January 6.

Image source: parismatch.com

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