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Mel Gibson

Admits Slapping,

Not Hitting Oksana

11/15/2010 2:00 PM PST BY TMZ STAFF

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 Gibson Hits Girlfriend
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." 

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1022 COMMENTS

No Avatar
31.

KoalaBabe    

29.

Hiya Kb
and the rest of the gang,


Ok$a, the Drama Queen.

Their "rear love" seems more
like a "toxic love,
with all the frequent arguments
they had when they were together.

What was Mel thinking,
to hook up
with this trash!

Posted at 1:50 AM on Nov 15, 2010 by Fidel's niece

Temporary insanity and the joy of bj Fidel's niece.
Now Mel learned a lesson in a hard way, not to hooked up with a stalking viper.

1417 days ago
32.

kinm    

wait, that's the same night she was recording him?

now we know she planned all along for this to happen, knowing how much he cares about the baby, she's shaking and hurting it just to get Mel to explode.

1417 days ago
33.

Cassie    

Lucia is Oksana's meal ticket. I doubt that she would want to harm her.Gibson write oksana that he was uspeakably sorry in email next day and How's your tooth.Why?And if he says that he feared shaken baby syndrom why he did not take Lucia to a pediatrician?Imo, he´s lying.

1417 days ago
34.

Parker    

And the most obvious thing -- altho not rushing Lucia to emergency in THAT scenario is big enough (and pretty implausible)-- is that he used his Miranda rights when he was interviewed by the Sheriffs dept. and recently took the fifth during his deposition with the attorneys. Why not just recount the story if that's what actually happened? I guess the texts which seem to back up the tapes made the story a tough sell.

He'll probably settle out of court like Sheen did.

1417 days ago
35.

Ray    

This is an old story (vis lawyer? Neirob?) I mean we didn't read the actual written declaration before but it's more or less the same.

Had that been the case why didn't he rush the tot to emergency for fear of "shaken baby syndrome?" Why did he say in the text the next day that he was "unspeakably sorry" and that he "wasn't safe for (her)" and that he wanted badly to apologize to the boy? And that he had a long therapy appointment bc he realized he had to work thru serious problems to make the relationship work. Why was he calling her relentlessly. He even said at one point, "Don't hang up." Also he threw everything in the book he could think of at her, why not something specific about what a crap mother she was for shaking the baby?

Posted at 1:44 AM on Nov 15, 2010 by Parker

I understand where you are coming from. There was a doctors appointment the next day and Ms. Oksana took Lucia. The doctor did not see any abuse on Lucia. The shaking may not have been outlandish but it could have gotten out of hand. The doctor would have reported signs of abuse on Ms. Oksana as well as the child. We have not heard of the doctor seeing signs of abuse to the degree Ms. Oksana has reported.

1417 days ago
36.

Ray    

As to why we ddi not hear this on the tapes..Maybe it was recorded but removed later on. It would have damaged Ms. Oksana's case Parker.

1417 days ago
37.

Ryn    

I believe that the truth is finally coming out, or at least the closest version of the truth. If some bat Sh$t crazy Russian had my child and was whipping her around, I would've done much worse. If the tapes were recorded that night or a few days after the incident, it clearly explains a lot. I'm NOT a fan of Mell, but papa bear was just looking out for his cub. Should have called the police and had he crazy a$$ arrested and got a restraining order.

1417 days ago
38.

marymac    

He's admitting assault, wow.

1417 days ago
39.

observer77    

Hi KB,

I hope your cousin and family and YOU are hanging in there. I wrote a few days ago how we went through this 2x in 9 months and the devastation it caused our little world (we were 12, 15 & 17) and basically lost both parents that night because my Mum couldn't cope and for the rest of her life she was in a fog of booze and Xanax to try to blunt the pain. No other family to help we three kids. KB, what I'm trying to say is that proper grief counseling is so important but I'm sure you know that and will help her/them. I send hugs through to you dear KB. xoxox

I'm glad MG's affidavit has come out FINALLY. I just knew it would be this type of scenario. MG needs 100% custody of that little darling.

How has that man kept it together since this all started? He's a SAINT! And all you anti-MG people, don't go off on me saying I'm some sort of obsessive fan. I'm not. Did not think much of anything about him until these past weeks have elapsed with the hundreds of instances of OG's lying and conniving being uncovered. I am now, though, a hugely strong advocate of MG's innocence.

1417 days ago
40.

Ray    

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.


Posted at 1:27 AM on Nov 15, 2010 by wondering

This is a good question wondering. Mr. Gibson is a private person. He could have taken her to the hospital that night. If Mr. Gibson did not do this it would be a shame because that type of shaking is dangerous. We are given little bits at a time. We may or may not see that Mr. Gibson took Lucia that night.

1417 days ago
41.

TorontoWoman    

Some of you are arguing out of both sides of your mouths. All the Mel supporters keep saying that if Oksana TRULY felt she was ever in danger of Mel and any alleged abuse, she should/would have called police.

Same applies to Mel, no? If he truly felt the baby was in danger, he should/would have called the cops. Sounds like he's using the kid to justify his actions......

And NO, I'm not an Oksana supporter. I want BOTH Mel and Oksana to just go away and for this to be over with. Can't wait.

1417 days ago
42.

KoalaBabe    

This koala pretty happy with this news:)

I shall be right back, going for a dip on the pool and cook dinner after the swim.

See you soon:)

1417 days ago
43.

Kilmerfan     

911 would have taken too long minutes mean lives, it sounds no worst than a slap you five or give me some skin after a game(man all those times I was congratulated with a high five in volleyball it really was abuse according to Oksana oh my). Mel stopped a nutty lady from killing the baby.

1417 days ago
44.

misssahara    

I believe Mr.Gibson...her further acts in mass media prove truth of Mr.Gibson's story...she never loved him, only used, and when time came "to put off" and provide her old age, she started to provoke him using a baby...she run to son's room shaking the baby for more noise and for making a witness from her son. She didn't call police, because there wasn't any threatening, just her provocation...And now she's doing same by crying on every corner...There are preventative measures to protect herself of extort incrimination, because investigation has ended, and truth'll soon open.
Truly, every time when I see her face, I notice my urge to spit on it...

1417 days ago
45.

Hahaha    

Oksana, as portrayed in Mel's description of the event, sounds like my "sister in law" a psychopath like the Ox. The part where Mel says that Ox ran out of the house screaming like crazy, on the ground and screaming replicates a similar fight between my brother and his nuts wife-ennemy. Even teh fact that Oxa goes around claiming DV in the press is a tactic my sister in law use: she came to my mom one day saying that my brother had slapped her. My mother was mad at my brother because she herself had suffered from DV and would never tolerate that from her son. When my brother came to her house to defend himself, you should have seen all the deep nail marks she left on his arms and back as she was the attacker while he was holding the baby and over some silly argument. Other worse fights have occured since then, one which my cousing was a witness to and she did like the OX: storm into the house (they were coming from work) screaming and throwing herself in the ground. My brother still won't report her to at least protect himself from future police accusations by her.
The point I'm trying to make is that it is quite common for women to act like this in a marriage and spin the story around to make themselves look like the victim. DV is real but real DV victim don't have a veneer knocked out. They're really punched in the face as in Ox's lies with huge black eyes and broken teeth. Liars like Oxa and my sister in law act hysterically, endanger innocent children about, and the men to control them use a bit of force but then is automatically placed in a tight spot havng to show that they were never the attackers and that their intention was to control the situation and avoid further damage.

1417 days ago
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