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D.A. On Verge Of Charging Mel Gibson

2/28/2011 11:30 AM PST BY TMZ STAFF

Sources connected with the Mel Gibson criminal investigation tell TMZ ... Gibson is about to be charged with domestic violence, but Oksana Grigorieva will not be charged with extortion.

Mel Gibson Charged
Multiple sources say the die is not officially cast, but the powers that be think there's enough evidence to prosecute Mel, however not enough to prove beyond a reasonable doubt that Oksana extorted him -- notwithstanding that she demanded $15 million from him in return for keeping the tapes secret.

All of our sources say ... the turning point for prosecutors was the fact that prior to Oksana going to the Sheriff's Department and accusing Gibson of domestic violence, Mel's family law attorneys filed a declaration in the family law case, in which Mel admits to slapping Oksana -- he says because she was shaking baby Lucia wildly and feared Shaken Baby Syndrome.
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We're told the likely charge against Mel will be misdemeanor domestic violence -- he will not be charged with a felony.  Misdemeanor domestic violence carries a maximum penalty of six months in jail.

Sources say the extortion investigation has become a bone of contention between the D.A. and the L.A. County Sheriff's Department.  We're told Sheriff's investigators believe there is sufficient evidence -- much of which has not been made public -- to prosecute Oksana, but the D.A. doesn't agree.

As for a timetable ... we're told the decision is expected in the next two weeks, and very possibly this week.

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1589 COMMENTS

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121.

observer77    

"...Multiple sources say the dye is not officially cast..."

Was this written by that uneducated TMZ reporter named Mike? How he manages to get airtime is beyond me; it's painful to listen to him.

1296 days ago
122.

AnnB    

That should be "die" not "dye" being cast. Sheesh!

1296 days ago
123.

Carmen    

DA want's an easy case. Lazy is he is. I made the comment a couple of weeks ago. The DA wants an easy case. It's all an assurance of winning, not whether the truth and that justice prevail. So don't all you bad people that support Oksana smile yet. The public may yet take it into their hands to punish Oksana themselves.

1296 days ago
124.

Midwesterner    

@gonesi - if the ROL story is true Mel shouldn't have even gone to the doctor appointment. He's playing right into that manipulator's hands.

Posted at 4:59 AM on Feb 28, 2011 by Tellthetruth59

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This ROL story seems really fishy. No way does Mel show up at a doctor's office at the same time as Ox and it doesn't get reported earlier than this? No other visitors to that building saw them? No receptionist? No one with a cell phone camera? No one got money for a tip to a scandal site?

Also, why would Berk and/or Kolodny allow Mel to do this? Isn't it a bad idea to go near someone who has accused you of DV while the case is pending? Fuddy? Another legal mind? Can someone help on this?

1296 days ago
125.

fuddyduddy    

Hellnurse...I'm with you; I'd like to see the DA pass this to a grand jury. Maybe the DA won't prosecute, but he'll leave it to a grand jury to decided.

So, if Mel is charged then the charges for illegal recordings of Mel have just been wiped out. OG will state that because of DV on January , 2010 that she was rightful to secretly record Mel when she did.

1296 days ago
126.

fuddyduddy    

At least the mediated agreement is being enforced and OG did not get that money for herself out of that; only a Dodge Charger!

1296 days ago
127.

gonesi    

@gonesi - if the ROL story is true Mel shouldn't have even gone to the doctor appointment. He's playing right into that manipulator's hands.

Posted at 4:59 AM on Feb 28, 2011 by Tellthetruth59
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I can only guess his lawyer told him to. But that is like putting him on a silver platter and an apple in his mouth.

1296 days ago
128.

fuddyduddy    

Um...let's see...according to that ROL article the pediatrician appointment for Lucia happened what...around Valentine's Day? What was OG hoping for? A romantic lunch or dinner after Lucia's appointment? Maybe that's when she called Jimmy up for lunch at the cafe!

1296 days ago
129.

Midwesterner    

Hellnurse...I'm with you; I'd like to see the DA pass this to a grand jury. Maybe the DA won't prosecute, but he'll leave it to a grand jury to decided.

So, if Mel is charged then the charges for illegal recordings of Mel have just been wiped out. OG will state that because of DV on January , 2010 that she was rightful to secretly record Mel when she did.

Posted at 5:06 AM on Feb 28, 2011 by fuddyduddy

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But how does the evidence of doctoring the tapes go by the wayside? It's one thing to say you recorded the material because you were terrified, but another thing to re-record your own side of the conversation and edit the tapes. How can that be said to be a reasonable act of a frightened woman?

1296 days ago
130.

Midwesterner    

"As for a timetable ... we're told the decision is expected in the next two weeks, and very possibly this week."

Why another delay? Is it possible that a grand jury has or is being convened? Would the public necessarily know that it had been or is?

1296 days ago
131.

janet    

I still think Ox will take him to civil court to extort more money.

I thought the charges would be dropped on both sides and custody would remain as is. Thats still a possibility.

1296 days ago
132.

Midwesterner    

This "story" is really last week's TMZ story with a different set of photos and the added evidence of multiple vague sources instead of some "friend" of Mel's telling TMZ what Mel's worrying about. If this rumor is so strong, why haven't other sources repeated it?

1296 days ago
133.

Mee    

In a moment of anger even HILARY HIT THE PRES WITH THE PHONE because of Monica.

1296 days ago
134.

champix_o    

The DA should let the Jury decide.
WHAT / WHO is he afraid of by not taking Ox to trial?
Does he want to deliver a message to all fame & money hungry sluts that ‘deny deny deny’ attitude pays better then telling the truth as truth told by Mel Gibson as to why he HAD to slap Oksana ..

Having said that, I suspect the story may be a plant by panicky Whorowitz / Garbus / Jaffe to put last minute pressure on DA. If the case against Mel would be SO clear cut why wait months already to charge him and wait additional 2 weeks from now on ?!? :-)

I still think Oxymoron, the DELUSIONAL will be charged _ hopefully with extortion but there are hundreds of other related charges looming over her head as well!
Ox shouldn’t celebrate yet :)

The cheap malicious grifter, extortionist and a poor excuse for a mother should be shown that US legal system is not to be played.

1296 days ago
135.

realist    

CA Penal Code Section 633.6. (a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator.

1296 days ago
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