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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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91.

Renee    

He's so stupid. He just admitted to slapping her which is assault. That's about 7 years in prison. Open or closed fist, it's against the law. That situation doesn't give him the right to do it.

Posted at 3:03 AM on Nov 15, 2010 by me

As the parent, legal custodian and guardian of his child he is allowed to defend his hild and come to the aid of his child if he believes his child is being harmed. There is no court of law that would find him guilty for helping his own defenseless child.

The claim made against him is the problem. Based on his recount it is reasonable to assume he was acting in the best interest of his family.

Examine the situation for what it is:

She claims to have witnesses to some type of altercation but conviently removes the witnesses from the most extreme parts of her claims.

If you're watching people argue are you going to miss the part where they are slapping eachother in the face? Of course you are not, that's the part worth watching.

She claims they did this merry dance, performing for her son, her mother, her nanny and the bodyguard - yelling screaming being agitated (for reasons not yet established) - but when things go serious she conviently places them out of eyesight. It does not make sense.

You're going to tell me her old babushka of a mother saw them fighting but when it got serious she went into the other room and didn't watch? Bull Loany buddy.

That old lady, her mother, heard you all yelling and slapping and baby crying and went into another room to give you privacy? Screw you for thinking I would believe that!

1348 days ago
92.

Renee    

If her mother was there like she says, and her Mel Gibson smashing her duaghters teeth out that old lady would have hit him with a baseball bat from Russia with Love.

1348 days ago
93.

angeleyes    

@Bubba - Kindly save me a place in the line - I have a couple of new golf clubs that need a few swings before the snow flies!

1348 days ago
94.

Renee    

Mel notes - to avoid being caught off guard:
How to stop Oksana when she gets hysterical again and Lucia is at risk

1) play baby tag of war, I'm stronger I'll get most of the baby
2) call a negotiating team to come ASAP, note - but have to work on a teleporting machine that actually works
3) have a bucket of water handy but first cover the baby with raincoat, this plan needs a pretty pink raincoat that puts itself on the baby
4) slap her, it worked the last time

Posted at 3:18 AM on Nov 15, 2010 by garnet

The cops would have maced her. After macing would have tazed her because it's Cali and that's how we do.
Fireman would have... well you know what they say about fire hoses.

1348 days ago
95.

Michael    

Something many of you forget is that while Mel is lised as the father of the child, he doesn't have any rights.

I know this from experience...I was engaged to someone and had a baby with her. I was the father and we were living together. When she was hysterical, I called the sheriffs and they came and told me there is nothing I could do as the mother has more rights than the father. I asked how that was possible, and he said since we were not married, the court or sheriffs will usually reserve the rights to the mother.

It is incredibly wrong, but it is that way in the courts and eyes of the law and people.

If Oksana had hit Mel, everyone would be like he deserved it and should be thrown in jail for shaking a baby. They would give him the death penalty!! But since its the mom, no on wants to believe a mom would do that, only the man.

THAT is the real problem here!

I believe Mel as I have dealt with this kind of thing first hand. I never hit my ex, but I have seen what can happen.

1348 days ago
96.

Natasja    

This story does make so much sense. For me this is what happened that night.
She should loose custody !!

1348 days ago
97.

Bubba    

Mel should go on Larry King and announce he's becoming a spokeman for those against child abuse!

1348 days ago
98.

Ariel    

It explains everything. Look at the evidence. His story seem to fit the evidence more than hers. If he had hit her she would of have damage to her eyes and lips. She said he was out of control and he hit her twice. If thats the case like I said before she would have more bruising and swelling. He definitely would not stop at with two hits. I still think she setting him up.

1348 days ago
99.

Genna    

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.

Posted at 1:03 AM on Nov 15, 2010 by JLS

------------------------------------

Lol. Are you still pretending to be an attorney? Perhaps you should become acquainted with OG...she makes false statements and pretends to be something she is not all the time.

1348 days ago
100.

TorontoWoman    

Genna and Ray,

If Mel is telling the truth, why did he skip town the first several times he was supposed to be questioned? Why did he Plead the Fifth? Why? Because him and his lawyers had to think up an excuse as to why he hit her. Why do some of you believe everything he says, without question? I question the honesty of BOTH parties here. Yet, most of you automatically assume she's lying about everything....and that Mel is a God who can do no wrong. No matter what he's done, you justify it.

1348 days ago
101.

tami    

i want to slap her too

1348 days ago
102.

Ray    

Parker
A doctor does not forget when a child is injured. The degree to which Ms. Oksana states Mr. Gibson attacked her would have done more than a simple abrasion. Seeing how Ms. Oksana has audio tapes and pictures taken by herself and not a police officer or a medical professional, why wouldn't she keep clothes and sheets that had blood on them?

As to why he was apologetic, I get in verbal arguements and the next day I apologize for my behavior whether I started it or not. Things get heated and things are said. It take someone of character to try to make ammends after a fight.

1348 days ago
103.

Bubba    

"105.
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.

Posted at 1:03 AM on Nov 15, 2010 by JLS"

Ooohhhhh he's a scary man! So what? I'll bet you scare a lot of men honey.

1348 days ago
104.

Michael    

#106,

He ha preplanned trips that the court knew about. And he never pled the fifth.

That is what was "reported". And tabloid reports are often wrong!

1348 days ago
105.

misssahara    

81 "He's so stupid. He just admitted to slapping her which is assault. That's about 7 years in prison"
Do You know another way to stop instantly psychopath??
If "that's about 7 years in prison", then how many years in jail You set for fabrication evidences and recording US citizens without their consent?? And what about sale doctored tapes to ROL for sel-living?? What kind of democracy and protection of human rights do You have???

1348 days ago
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