TMZ has obtained Mel Gibson's sworn declaration in the custody war with Oksana Grigorieva, in which Mel admits slapping Oksana because he says she was so hysterical she was endangering the baby ... but he denies hitting her.
Mel is referring to the explosive argument between the two on the night of January 6, 2010, which triggered the L.A. County Sheriff's Department domestic violence investigation. Oksana claims Mel punched her in the temple and in the mouth, knocking out two teeth.
But Mel tells a very different story. According to his declaration, dated June 23, 2010 and filed with the court, Mel says he and Oksana were having one of their frequent arguments at his Malibu home, when Oksana grabbed Lucia out her of bassinet, brought her right in the middle of the argument and screamed, "Stop yelling or you will make her into a retarded brain damaged idiot!"
Mel says Oksana then "spun around," ran into her older son's room and then out into the backyard. Mel says the yard is dangerous at night, set on different levels and dimly lit. Mel says Oksana ran across the various levels for about 75 yards, near thorny trees.
Mel says he implored Oksana to bring Lucia back inside, and that's when Oksana ran back into her older son's room, and "started swinging Lucia erratically in her arms, jerking her body from side to side to keep Lucia out of my reach."
Mel adds Oksana was "hysterical" and her "rapid movements were causing Lucia's little body to be flung from one side to the other, her head shaking violently." Mel says he feared Shaken Baby Syndrome.
As she refused to hand the baby over and continued with "rough and erratic movements," Mel says, "I slapped Oksana one time with an open hand in an attempt to bring her back to reality. I did not slap her hard, I was just trying to shock her so that she would stop screaming, continuing shaking Lucia back and forth."
Mel's story could establish a defense to a domestic violence charge -- using reasonable force to protect a child from injury.
As for Oksana, Mel
says, "I did not hit Oksana with a closed fist, as she alleges. I did
not ever punch her in the face or in the temple or anywhere else, not
then or at any other time."
Mel admits, "While I do not believe I
handled the situation as well as I should have, I was worried about the
rough way Oksana was shaking and tossing Lucia around," adding, "My
hand never touched any part of Lucia." As we've already reported, the pediatrician who examined Lucia the next day saw no evidence of injury.
And Mel says, "There was
never any blood on Oksana and none of her teeth were 'broken,' although
one of the false veneers from a tooth apparently did come off, I did not
see that occur at the time."
Reader Comments
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Look up the legal definition of assault. He assaulted her and should be prosecuted for it. He's not exempt any more than she is if she is found to have extorted him. Pretty scary man here.
WOW... This sounds like the rumor from months back....of Oxi running outside shaking the baby like a ragdoll was TRUE after all.
It's not assualt if done in defense for his daughter.
I will place bets that he will walk away the next time!! If she hurts her baby, let child protection services handle it - not the other parent. I believe Mel's story. We shall see where the chips fall. He should not have slapped her - domestic violence includes slapping - no matter what the cir***stances. On the other hand, she is a drama queen and capable of everything and every tale she has woven!!!
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Now the truth are coming out, I knew Oksana was being dramatics about what had transpired that night.
I believe Mel story, he wanted her out, she didn't want to leave.
His testimony had not changed since he professed his innocence months ago.
Oksana on other hand, kept changing her story, because she knew it's all fabricated and sensationalized my her fantasy.
Oksana you're going down gal, you are lying fabricating gold digger.
Jesus, that's disturbing. He is trying to justify his abuse, just as all abusers do...along with their enablers/supporters, Team Mel!
If she was indeed shaking the baby, he should stop her. Future brain damage is no joke.
The child's safety is paramount.
If she was shaking and harming the baby, I would punched her myself, stupid no commonsense witch she is.
She love the Malibu house better than Sherman Oaks because it's closer to the beach, where she can display her wares (body).
Oksana a real vain woman loves all the attentions or public adoration.
But fabricating domestic violence she has incensed domestic violence victims from all over the world with her tall tale, "lying"
I do hope she will pay dearly for ruining Mel reputations.
You're absolutely right, Mel - you did not handle it well. What you should have done is called 911 immediately.
I certainly do understand the response of a panicked parent. When there is no time to think, you just react. It isn't until later that you have the luxury of looking over the situation and realising that things could have been handled better.
I do admire your restraint though - I attacked a guy twice my size for threatening my son. He called the police, I told them this individual had physically threatened my sick child, and held out my hands for them to arrest me. They did not.
If I see someone shake a baby, I'll report them to the police or child welfare authority if I can't stop it.
I am so thankful for this finally coming out. It's almost like Closure on the whole Domestic Violence Crap that Oxhead has been dramatizing.
She should have taken the $15M and it have been so much better off for her, Lucia, her son and for Mel and his family.
A nice life of Financial security for her and Peace for everyone.....
But NOooooooooooo. She has to terrorize everyone with her Drama.
7.
Jesus, that's disturbing. He is trying to justify his abuse, just as all abusers do...along with their enablers/supporters, Team Mel!
Posted at 1:16 AM on Nov 15, 2010 by gemini81
Trying to justify?
He hit her with open palm, not too hard to wake her up.
She was shaking the baby and the baby was very distressed.
So you would rather Lucia has brain damaged than trying to calmed down Oksana?
What kind of person are you? adults supposed to protect innocents children not stupid adult like Oksana whom don't have any commonnsense.
The truth is coming out.
The lying witch is
"a retarded brain damaged idiot".
***TEAM MEL***
after reading the declaration, i wonder why Mel did not insist that lucia be immediately taken to the doctor or the emergency room to be checked out for the violent shaking and jerking he that he claimed she was doing to lucia.
It always bugs me that she was always holding the baby when they fight. It seems to me she grabs the baby as a shield.
If I were in a fight with someone I fear and I am holding the baby, I get the baby/kids in a safe place. The moment the fight starts or looks like heading that way, give the baby to someone else or place her somewhere safe.
I guess my maternal instinct tells me to protect my child.
