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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

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46.

Emm    

I guess my maternal instinct tells me to protect my child.

Posted at 1:28 AM on Nov 15, 2010 by garnet

Garnet. That is a real parents instinct. Unfortunately, Baby Lucia is nothing but a bank to Ox (known as "Egg Donor").

My fear is when Ox finally wakes up and realizes this is not going her way. How safe is Baby Lucia then? Who is there to keep her safe from an unstable Lunatic???

TEAM MEL

1251 days ago
47.

another Russian    

The silicon monster was shaking the poor baby. She must go to jail. Has she been examined by a psychiatrist?
She does not care at all about her son, her daughter. Everything she cares about is money.
Feel very sorry for Mel. How could he miss her madness. She is obsessed with number of manias.

1251 days ago
48.

TorontoWoman    

#47 Kilmerfan

If Oksana was being rough with the baby, enough so that Mel is justified in hitting her (Oksana), surely he would have taken Lucia to be checked by a doctor afterwards. He didn't, did he?
Hmmmm.......

1251 days ago
49.

wondering    

i am also wondering if oksana did not want to take lucia to the doctor immediately because she was afraid the doctor or emergency room staff might be able to tell that the baby was shaken violently, so instead she waited as long as possible before taking lucia to be checked out. and was reluctant to explain to the doctors about what had occurred that evening in case mel had filed a report which could then be backed up by the medical staff or doctors findings upon checking the baby out.

1251 days ago
50.

Scott Guiher    

It sure did take Mel Gibson's attorneys a long time to come up with this story. They ae really reaching. Mel should go to jail for assault but he is too rich and too important for that to happen. Meanwhile his innocent child is learning that it is OK to hit people.

1251 days ago
51.

Hahaha    

the difference in length in the two declarations is also important. I think that Oxa's was about 18 pages (23 in total if I remember correctly) if you take away Mady Shady and Oxa's mother's declaration. The brevity of Mel's declaration to me support that he is closer to recounting the truth and but the truth than Oxa.
Oxa's story came from her wild imagination, her propensity to lie and embelish (he was strangling me with both hands and meanwhile pushed his right arm against my face) a story to create a case: paint Mel as an out of control monster trying to murder her. Yet, even though she was about to faint from strangulation we don't see any marks of Mel's hands on her neck as would have happened and she would have do***ented.
Mel's story that Oxa ran outside screaming in the bushes and low lying trees confirm that Mady Shady was not lying in her depo that Oxa came with scratches to her face when Oxa when for her facials. Those scratches can be attributed to the trees and herself throwing herself on the ground and some to the slap that she received. The slap wasn't hard and close fisted as Oxa would have loved to show otherwise the doctor would have seen a black eye from her.

1251 days ago
52.

Parker    

@Ray
I haven't seen the official doctor's report but in THIS incident the first report I recall was that Lucia was only grazed while he was striking Oksana anyway. Remember people were flipping over a photo from God knows where that ROL got ahold of and told them was THE defining photo. Tabloids tend to mislead.

Furthermore whatever was visible on Lucia may have been very minimal. No one said she was pounded.

Since Mel has admitted hitting or slapping Oksana, we can assume something happened. The texts would strongly indicate that problem was on his end not hers and among other things, he seemed to acknowledge that HE needed help not HER and apologized profusely for his behavior (Were the texts published here? I thought they were.)

Me, I think the baby-shaker story is dead in the water. Had he really thought she was threatening Lucia's safety he would have gladly told the story in detail as it happened to the cops and attorneys, not taken the fifth.

1251 days ago
53.

fed-up    

The things is this:
1) Mel Gibson has always been consistent in "not denying" that the event of Jan 6 did happen. But what he has consistently implied is that he tried to stop Oksana from "shaking Lucia like a ragdoll". Up until now, we did not know how he tried to achieve this. Now we do: an open hand slap.
2) Oksana too has been consistent. Unfortunately for her, she has been consistently changing the story, adding more details, twisting the truth, etc that she was caught lying on more than one occasion. Her latest version is that he punched her twice in the face, where one of the punches landed (or grazed) Lucia, and then he strangled her and choked her with his right elbow, and also that he was brandishing a gun. She also claimed that there was blood everywhere.

Two different version.

But based on physical evidence, this is what we know: -
1) she released pictures of her and Lucia with what she claimed to show the bruises sustained in the alleged beating. But those pictures were highly controversial as they did not show injuries that correspond to the alleged beating (punching with a closed fist). So, the pictures does not support the verocity in which she alleged the beatings occured.
2) Lucia's pedeatrician gave a declaration that there were no bruises or any other injuries on Lucia when she saw both mother and child on the 7th of January. There was also no sign of injury or bruises on Oksana else the doctor would have reported the incident.
3) The tape which she claimed she recorded as a way to stop him from continuing abusing her, in the end, was found to be edited and used as a bargaining chip in the mediation agreement in which she received 15 million and is currently being used in a PR campaign to tarnish Mel'd reputation.

My conclusion: -
1) I believe MEl Gibson's version of events as the physical evidence supports his story more than hers.
2) I also find it weird that while she has the "brains" to take pictures of the bruises after the alleged DV and record his verbal tirade against her as a sign of DV, she did not keep the bloodstain clothes that she and baby Lucia wore, plus the bloodstain bedsheet as physical evidence. I think that if she were to have done so, it will give more credence to her story but she did not. From this, I can only surmised that there was no blood-stained clothes or sheet as there was no blood.

I believe that: -
1) Oksana was extremely confident that Mel would marry her, especially after his marriage to Robin collapsed. THat's why she signed the agreement not to ask for money from him (remember the agreement she signed way before all of this happened?) It was her way of showing Mel that she loves HIM not his MONEY. She was extremely confident of being his wife, thus had no fear of not being able to get any money. But when the relationship went kaput, she had to find a way to support herself and her child in a lifestyle that she believes she is entitled to, thus we are witnessing all this mess.
2) Oksana still believed that even after the Jan 6 incident, Mel still loves her and will still marry her. Thus all the "love" e-mails or text from her to Mel saying how much she loves him and that he is wonderful and did not do anything etc. THat's why she never did anything about the Jan 6 incident. But when Mel left her, she was a scorned woman, and a penniless one at that, so she had to plan something...anything to ensure she had a future in which she does not have to owrk but still live a life of luxury. Thus, the DV claim.
3) I think things got out of hand when she got greedy and thought that Mel would rather pay her more money than to have his reputation tarnished, so she went on a PR blitz. BUt unfortunately, Mel refused to budge, so she had to do more to puch him until he breaks and give him what he wants. meanwhile, she can't keep up with the many stories she has told, thus the mess that she finds herself in.

The question is: who is the REAL abuser?
IF you say MEL is the abuser as he abused her by slapping her to stop her from shaking Lucia, because you believe that MEl should have handled it in another way that does not involved any physical altercation, then I accept.
BUT that means, you have to also accept that Oksana ABUSED her baby by shaking her like a ragdoll and bringing her into a nasty fight, and should be prosecuted for her action as well.

So, DOMESTIC VIOLENCE versus CHILD ABUSE/ENDANGERMENT.

1251 days ago
54.

fifi    

Mel Gibson is a disgusting piece of crap. Oksana may be a terrible person but there is NOTHING that made his disgusting treatment of her ok. You Mel apologists are sick, sick people. I pray he doesn't get away with it but he probably will thanks to all you sycophants.

1251 days ago
55.

urbusted    

He's a liar. Big, fat ugly abusive liar.

1251 days ago
56.

urbusted    

Mel Gibson is a disgusting piece of crap. Oksana may be a terrible person but there is NOTHING that made his disgusting treatment of her ok. You Mel apologists are sick, sick people. I pray he doesn't get away with it but he probably will thanks to all you sycophants.

Posted at 2:27 AM on Nov 15, 2010 by fifi

Agree with you 100%, fifi.

1251 days ago
57.

garnet    

Good observation, garnet. I'm still trying to be kind towards her.

Fecking hellacious task.

Posted at 2:03 AM on Nov 15, 2010 by Elisabeth
--------------------

It is difficult! hahahahaha
but then I think if she was deliberately shaking Lucia like an abusive mother, Mel would not just have slapped her but also take Lucia away.

It's possible Mel later was apologizing for his part in bringing Oksana to the point of hysteria. I assume it was a heated argument on both sides.

1251 days ago
58.

Ray    

Parker
Here is the story.
http://www.tmz.com/2010/11/12/oksana-girgorieva-lucia-mel-gibson-january-6-blowout-pediatrician-dr-linda-nussbaum/

1251 days ago
59.

Emm    

56.
the difference in length in the two declarations is also important. I think that Oxa's was about 18 pages (23 in total if I remember correctly) if you take away Mady Shady and Oxa's mother's declaration. The brevity of Mel's declaration to me support that he is closer to recounting the truth and but the truth than Oxa.
Oxa's story came from her wild imagination, her propensity to lie and embelish (he was strangling me with both hands and meanwhile pushed his right arm against my face) a story to create a case: paint Mel as an out of control monster trying to murder her. Yet, even though she was about to faint from strangulation we don't see any marks of Mel's hands on her neck as would have happened and she would have do***ented.
Mel's story that Oxa ran outside screaming in the bushes and low lying trees confirm that Mady Shady was not lying in her depo that Oxa came with scratches to her face when Oxa when for her facials. Those scratches can be attributed to the trees and herself throwing herself on the ground and some to the slap that she received. The slap wasn't hard and close fisted as Oxa would have loved to show otherwise the doctor would have seen a black eye from her.

Posted at 2:27 AM on Nov 15, 2010 by Hahaha

Also, when she took the baby to the pediatrician the next day the doctor would have been bound by law to report any DV marks or bruises on Ox. In the doctors statement there wasn't even a word about her seeing marks or anything on Ox. Do the math...

1251 days ago
60.

Ray    

Mel Gibson is a disgusting piece of crap. Oksana may be a terrible person but there is NOTHING that made his disgusting treatment of her ok. You Mel apologists are sick, sick people. I pray he doesn't get away with it but he probably will thanks to all you sycophants.

Posted at 2:27 AM on Nov 15, 2010 by fifi

Agree with you 100%, fifi.

Posted at 2:29 AM on Nov 15, 2010 by urbusted

If this story is true, are you ok with baby shakers? Does a person become disgusting when they apply reasonable pressure to protect their child?

1251 days ago
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