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Mel Gibson's Depo -- Listen To the Tapes, Mel

11/1/2010 9:00 AM PDT BY TMZ STAFF

Mel Gibson could be forced during his deposition today to listen to his now infamous tirades that Oksana secretly taped -- if Oksana Grigorieva's legal team has its way ... TMZ has learned.

Mel Gibson deposition.

Sources connected with the case tell us Oksana's lawyers are "seriously considering" playing the tapes in front of Mel, partly to show that he physically abused Oksana and partly to prove he's an unfit parent.  We're told the lawyers want to ask Mel about alleged domestic violence, the rants, the works.

This is the first time Mel will testify under oath in the custody case ... and we're told Oksana's lawyers are viewing it as a "no holds barred" deposition.

Sources say Oksana's legal team will use certain statements Mel has made about his conduct on January 6 -- the day of the blowout fight -- as well as other statements to challenge his credibility. 

The defense believes if Mel asserts his Fifth Amendment right against self-incrimination during the depo, Oksana's team can use that against him by pointing to the earlier statements.

As for playing the tapes in the depo ... there are big hurdles.  First, our sources say the judge has imposed ground rules requiring lawyers to stay away from the domestic violence issue.  Nonetheless ... the defense believes it still has the right to ask the questions.

The bigger hurdle ... Oksana and her lawyers do not have the original recordings, and Mel's lawyers will almost certainly object to a bootlegged copy being played.

We're told the depo will "definitely" last longer than a day.


114 COMMENTS

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1.

shirleyholmes    

first

1422 days ago
2.

Walter    

Best evidence rule. He won't address the tape issue on advice of counsel. They will insist on a judicial ruling.

1422 days ago
3.

kali    

wtf? I thought this was strictly about custody & support???

Why don't they have the originals?? I guess they are conveniently missing so people can't hear what was really said??

1422 days ago
4.

shirleyholmes    

Well, Oksana's lawyers can "seriously consider" whatever they want

it is the judge who decides whether it is allowed or not

Freedommmmmmmm

1422 days ago
5.

shirleyholmes    

I have said it before and I will say it again

Mr. Gibson is THE MAN

1422 days ago
6.

angeleyes    

I'm surprised Oksana will be at the deposition - I can only imagine she hopes to provoke Mel with her presence and questions through her lawyer - I hope he keeps his cool - It will be stressful for him.

1421 days ago
7.

kali    

I wish we had some info on Fridays deposition darnit.

1421 days ago
8.

kali    

angeleyes...I don't think she will be, just her lowers.

1421 days ago
9.

Anon    

Heh, Team Mel will be in a mood. Guess Mel on the stand and denture cream don't go well together. Best of luck to Oksana.

1421 days ago
10.

shirleyholmes    

I believe the threatning of Violet Kowal and her bodyguard

has been proven to be true

They were talking about how Oksana would obtain 200.000.000

dollars from Mr. Gibson

I believe it has to do with the Icon Trust

It is supposed to be worth 400.000.000 dollars devided amongst

the children of Mr. Gibson and Robyn

Maybe this is how Oksana thinks:

That is 50 percent for the children of Robyn = 200.000.000 dollars

Leaves 50 percent = 200.000.000 dollars for the children of Mr. Gibson = LUCIA

That would explain the 200.000.000 dollars what Herzog was
talking about during the talks to VK and her bodyguard.

Just my thoughts

1421 days ago
11.

shirleyholmes    

Good night / morning / afternoon to all of you

1421 days ago
12.

Ray    

Morning to you Shirleyholmes.

I wonder exactly what this statement means.

"The defense believes if Mel asserts his Fifth Amendment right against self-incrimination during the depo, Oksana's team can use that against him by pointing to the earlier statements."

Does it mean that they wish to use the tapes against Mr. Gibson without the recordings being authenticated?

1421 days ago
13.

JLS    

I sincerely think this is going to bring out the real MG. That's obviously the plan. Good luck, Oksana. I wish you nothing but the best in getting justice for you and for Lucia.

1421 days ago
14.

shirleyholmes    


Goodmorning Ray

This is what I believe it means:

If Mr. Gibson does not want to answer the questions,

Oksana Lawyers would claim that whatever Oksana has

stated before, to be true.

1421 days ago
15.

Ray    

Thank you Shirley.
I wonder if Mr. Gibson's criminal attorney will be present considering Ms. Oksana's lawyers want to bring up DV.

1421 days ago
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