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?

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Lucia’s babysitter employed by Mel Gibson died

It was known she was fighting with a stage-four cancer and died over the weekend. The unnamed woman was present at the actor’s Malibu home on one night of January 6, when Oksana dropped off her and Mel’s infant daughter Lucia before going out for the evening.

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.”

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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Oksana Grigorieva is greedy, refusing $15 mil deal

Lawyers for Mel and Oksana worked out a financial deal for Oksana – she would get a total of $15 mil, which included child support, a house and other assets.

All she had to do is to give back the “evidence”, one source say. The “evidence” includes the Mel Gibson tapes, which Oksana’s lawyers played parts of for Mel’s lawyers.

A source tells TMZ: “The tapes loomed large … the word ‘tapes’ was never used in the agreement, but it was central to the deal.”

Mel never paid Oksana under the deal because the short form didn’t spell out the specifics of payment and Oksana refused to sign the longer agreement which contained the details.

But Oksana recorded the conversations without Mel’s knowledge. In California, if a person isn’t told their conversation is being recorded, it is not admissible in court.

There are exceptions – notably, if Oksana reasonably believed the conversation related to the commission of any felony of violence, she could make the recording without Mel’s permission.

However, Mel’s lawyers will use Oksana’s text messages to try and prove it was just a money grab, which would make the recordings inadmissible in both the custody case and any possible criminal case.

Sources connected with Oksana say if she was motivated by money she would not have rejected Mel’s $15 million settlement.

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