The tapes of super celebrity Mel Gibson and Oksana Grigorieva are currently a staple of nearly every news program. Many are disgusted by Gibson's alleged hateful, derogatory comments, and those who were always fans of the "Braveheart" hero hope that the tapes are not real. A Texas forensic tape analyst says that the recordings could be altered, but it ultimately is up to a judge to determine the validity of the tapes and whether they are admissible in family law court.
According to sources, Grigorieva has asked the court to protect their daughter by taking all child custody rights away from Gibson. She argues that everything in the tapes is real, and Gibson is therefore an unfit parent who poses a danger to not only her, but their baby. The family court judge, however, did not strip Gibson of his custody rights. In order for that to have happened, the judge would have had to feel the violent rants on the tape proved that Gibson intends to harm the child.
It is up to the court to protect the best interests of the child, but that decision is made by carefully balancing the potential, real danger to the child and the importance of the child having her father as a part of her life. Even though the tapes exist, they are not necessarily evidence of domestic violence or Gibson's suitability as a parent. Concerns over the authenticity of the tapes as well as Grigorieva's role in them cloud the case with suspicion.
Also, a source notes that the tapes could be deemed basically useless in putting Gibson in jail if he was under the influence of drugs and/or alcohol during the conversations. He also has no history of domestic violence, which will help his case and likely support the chance that Gibson will simply be put on probation and required to attend counseling.
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