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NANCY GRACE

Another Batch of Mel Gibson Tapes Released

Aired July 21, 2010 - 20:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


JANE VELEZ-MITCHELL, GUEST HOST: Caught on tape. Tonight, we have even more just released shocking audio allegedly of Hollywood mega-star Mel Gibson. You will not believe what`s on these new tapes! The profanity- laced, sexist, racist meltdown obtained by Radaronline allegedly reveals Gibson exclaiming nobody will believe his Russian girlfriend, the mother of their 8-month-old baby girl.

And that`s not all. Radaronline has just released a photo allegedly of Gibson`s baby girl. Radar claims the photo shows a small abrasion on the baby`s chin. What does that mean? Mel Gibson reportedly meeting with child protective services this week. Will he lose his partial custody of the baby? Tonight, we`re going live to Los Angeles with the very latest.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: ... dishonest (EXPLETIVE DELETED) gold-digging (EXPLETIVE DELETED)! Now I`m sure you (EXPLETIVE DELETED!

UNIDENTIFIED FEMALE: I have signed the paper! I don`t want anything from you. I don`t have anything!

UNIDENTIFIED MALE: (INAUDIBLE) my child, and she doesn`t need a gold- digging (EXPLETIVE DELETED) Russian (EXPLETIVE DELETED)

UNIDENTIFIED FEMALE: She`s...

UNIDENTIFIED MALE: (INAUDIBLE) we all know what you are!

UNIDENTIFIED FEMALE: She certainly...

UNIDENTIFIED MALE: (INAUDIBLE) that child!

UNIDENTIFIED FEMALE: She certainly...

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED FEMALE: I`m sorry? You will not have this child!

UNIDENTIFIED MALE: I won`t let you keep her because they`ll know what you are!

UNIDENTIFIED FEMALE: Mel, you`re unbalanced. There`s something wrong with you. You need medication.

UNIDENTIFIED MALE: Oh, you shut up! You (EXPLETIVE DELETED) robbed me!

UNIDENTIFIED FEMALE: You cannot raise this child with this symptoms.

UNIDENTIFIED MALE: What?

UNIDENTIFIED MALE: What?

UNIDENTIFIED FEMALE: You`re acting as a crazy man right now, and you have been for many, many months. And you hit me, and you hit her whilst she was in my hands! Mel, you are losing your mind. You need medication.

UNIDENTIFIED MALE: You need a (EXPLETIVE DELETED) kick up the (EXPLETIVE DELETED) for being a (EXPLETIVE DELETED) gold-digging (EXPLETIVE DELETED)! And I want my child! And no one will believe you! So (EXPLETIVE DELETED) you!

(END AUDIO CLIP)

VELEZ-MITCHELL: Also tonight: She was allegedly held in captivity for nearly two decades. Government lawmakers rush to approve a $20 million settlement, but is it enough? Now we learn parole agents actually spoke with Jaycee Dugard during her captivity, but they never bothered to follow up! That`s according to a report by the California attorney general`s office. And now state officials say they will not -- they will not, they will not -- investigate what happened. Why not?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: The state of California will pay kidnap victim Jaycee Dugard $20 million to settle a government claim against the Department of Correction for failing to supervise parolee Phillip Garrido.

UNIDENTIFIED MALE: ... the registered sex offender...

UNIDENTIFIED MALE: Wait until you hear the story of what`s -- what took place at this -- at this house.

UNIDENTIFIED MALE: We missed an opportunity...

UNIDENTIFIED MALE: ... the 911 call that children had been living in backyard tents...

UNIDENTIFIED MALE: Dugard and her two daughters were held captive.

PHILLIP GARRIDO, ALLEGED KIDNAPPER: Having those two children, those two girls -- they`ve slept in my arms every single night from birth.

UNIDENTIFIED MALE: California attorney general`s office says at least one parole officer spoke to Jaycee Dugard and one of her daughters while she was captured (ph).

UNIDENTIFIED MALE: Organizationally, we should have been more inquisitive...

UNIDENTIFIED MALE: ... a missed opportunity...

UNIDENTIFIED MALE: ... more curious...

UNIDENTIFIED MALE: ... an organizational failure...

UNIDENTIFIED MALE: ... and turned over a rock or two.

UNIDENTIFIED MALE: ... sheds, tents and outbuildings where Jaycee and the girls spent most of their lives.

UNIDENTIFIED MALE: ... Garrido and his wife, Nancy, facing almost 30 felony charges, including kidnapping and rape.

UNIDENTIFIED MALE: These people are going down for this!

(END VIDEO CLIP)

VELEZ-MITCHELL: Good evening. I`m Jane Velez-Mitchell, filling in tonight for Nancy Grace. Caught on tape! Tonight, we have even just released shocking -- and I mean shocking -- audio allegedly of Hollywood mega-star Mel Gibson.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: And I`m not giving you my house, and you can rot unless you crawl back, suck my (EXPLETIVE DELETED), and say you`re sorry in that order! Do you understand me? You (EXPLETIVE DELETED) offend my (EXPLETIVE DELETED) maleness, my masculinity, my being, my soul! And you call me a sinner! You`re a (EXPLETIVE DELETED) moving violation! If you get raped, it`s your fault for showing off your fake (EXPLETIVE DELETED) like they`re some special deal!

UNIDENTIFIED FEMALE: Are you crazy?

UNIDENTIFIED MALE: How much did they cost, those fakers?

UNIDENTIFIED FEMALE: Are you crazy?

UNIDENTIFIED MALE: You complain about mastitis? They`re fake, baby! Come on, you`ve got little bladders in there! You think I`m an idiot?

UNIDENTIFIED FEMALE: Have you said everything?

UNIDENTIFIED MALE: I`ve said nothing! You need to say a lot to assuage my insanity because you make me this way!

UNIDENTIFIED FEMALE: I didn`t make you this way.

UNIDENTIFIED MALE: You (EXPLETIVE DELETED) did so!

UNIDENTIFIED FEMALE: You were born this way. And you yell and scream and threaten everybody around you. Everybody is (EXPLETIVE DELETED)- footing around you because they`re all scared (EXPLETIVE DELETED) out of you but...

(CROSSTALK)

UNIDENTIFIED MALE: You`re a bunch of (EXPLETIVE DELETED)! You`re like every other (EXPLETIVE DELETED)!

(END AUDIO CLIP)

VELEZ-MITCHELL: Oh, boy! Stunning developments. Straight out to Alexis Tereszcuk, reporter for Radaronline. Alexis, dare we ask, what is the very latest tonight?

ALEXIS TERESZCUK, RADARONLINE.COM: Well, we`ve released another tape of Mel Gibson, where you can hear him just berating Oksana. It doesn`t end. He again threatens her with rape. He talks about again when he hit their child. She has told us, and we`ve reported that he hit her in the face. He hit her twice. And then while she was holding the baby, he was hitting her.

So we also released the evidence that she submitted to the police. It`s a picture of the baby that she says she took the day after the alleged attack. And this is what she`s submitted in their ongoing custody battle because she does not want Mel anywhere near her. She`s afraid for her life. And she doesn`t want him near their baby daughter, either.

VELEZ-MITCHELL: Well, there are so many new developments tonight, it`s hard to figure out where to begin. But why don`t we talk about this alleged extortion attempt on the other side. TMZ is reporting that Gibson`s camp is claiming that Oksana tried to extort him for $10 million, and that in order to keep the tapes secret, which obviously did not happen. TMZ says Gibson`s camp has text messages from Oksana in which she says she recorded him because he didn`t keep his end of the deal to support her.

Got to bring in the attorneys right off the bat. Susan Moss, what do you make of these dueling accusations? It`s almost like they`re going to need two police departments, one to investigate the domestic violence and one to investigate the extortion claims.

SUSAN MOSS, FAMILY LAW ATTORNEY: Honestly? Honestly? Who cares about the extortion! Right now, we have two kids who need to be protected, not only her child with Mel, but that other child who allegedly also there might have been some abuse. I mean, instead of the passion play at home, he`s making the bashing play! This guy has got to be kept away from his daughter until he gets real help, until he gets medicine and until his temper is under control!

VELEZ-MITCHELL: Well, now, Department of Children and Families wants to talk to Mel Gibson. The question is, can they pin this guy down? He`s a superstar. Dr. Evelyn Minaya, you`re a women`s health expert. Can they get in there, and can they talk to this guy and grill him?

DR. EVELYN MINAYA, WOMEN`S HEALTH EXPERT: I hope they can because let me tell you something, just based on the picture by itself of the baby, it`s a very, very small abrasion and it looks more like a pimple than anything else. I would hope to think that that pediatrician made a thorough investigation and also examined the baby in terms of are there bruises and other evidence of abuse.

VELEZ-MITCHELL: You know, I`ve got to say, I find these recordings absolutely outrageous. He is a vile human being, if this is Mel Gibson. Oksana says it`s her and she says it`s him, and obviously, the other side isn`t talking about this, but they deny the claims that Mel Gibson hit Oksana or the baby.

But we wonder whether it reaches the level of criminality. because Oksana has some problems. Let`s bring in defense attorneys Randy Kessler and Alan Ripka. But we`ll start with Randy. She didn`t call 911 the night of this alleged attack, where he allegedly, according to her, smacked her and may have given the baby a little abrasion on the baby`s chin. She did not call 911.

On top of that, we have a photo that we`re getting ready to show you in just a couple of seconds. And this is a real stunner. Are you sitting down? Eleven days after this alleged incident, there is a photograph of Oksana and Mel Gibson at an after-party for the Golden Globes, and they appear very happy and they are both smiling. Check it out. Look at the date, January 17th, 2010. The alleged incident happened January 6th.

So there she is, holding the hand of the guy who she`s now saying assaulted her and is sick and needs medication. And so what do you do with that, Randy Kessler?

RANDY KESSLER, DEFENSE ATTORNEY: Well, I`m not shocked that she`s still getting back together with the guy that abused her, if that`s what happened. You know, we see that all the time. We all know about the battered women syndrome, and it`s hard to break away and she loved him and he had a lot of things to offer.

But she may have some criminal problems. If she knows that there was abuse towards her child and she didn`t report it, that may be neglect. That may be criminal abuse towards the child. So she may have to look over her shoulder and make sure she`s got good defense counsel, as well.

VELEZ-MITCHELL: Tina, Ohio. Your question or thought, ma`am?

UNIDENTIFIED FEMALE: Hi. Hi, Jane. How are you?

VELEZ-MITCHELL: Good.

UNIDENTIFIED FEMALE: What I`ve got to say is that this woman is obviously a gold-digger. You can -- it`s all about the money. Who would stay with somebody that would let their child be slapped around? Mel Gibson`s got mental problems, sure. He`s going to -- you know, it`s all about what`s in his wallet. And I disagree with the guy about the battered women`s syndrome in this case. She`s a gold-digger. She`s out for the money. Why else does she wait all these days to call the police?

And also, she shows up at an opening with him? It`s about the money. That`s all it`s about. She`s with him. She`s got a baby. Now she`s tied to his wallet for the rest of her life.

VELEZ-MITCHELL: Well, let`s go to Ellie Jostad, NANCY GRACE producer, to talk about some stunning new claims that dovetail with what this lady is saying, claims about Oksana`s 12-year-old son and cigarettes. Tell us about that.

ELLIE JOSTAD, NANCY GRACE PRODUCER: Right. Right. Well, TMZ is reporting that Oksana Grigorieva claims that Mel Gibson actually shoved her 12-year-old son into a table. Now, apparently, what happened is the boy was jumping up and down. He was trying to knock a cigarette out of Mel Gibson`s mouth. Now, TMZ says Grigorieva`s side is Mel got enraged, shoved the child, he fell into a table. However, they do say there are witnesses who will claim the boy just accidentally fell into the table and that they were just horsing around, it was all in good fun.

VELEZ-MITCHELL: Well, Caryn Stark, psychologist, to the caller`s point, if there are these repeated alleged incidents and she stays there and she`s shown up looking happy as a clam, going to a Golden Globes after- party 11 days after one incident and God only knows how many days after another incident, does that question her credibility?

CARYN STARK, PSYCHOLOGIST: Well, you know, it`s very confusing. I`ll tell you why, Jane. It really is true that women who are in an abusive relationship with a man, they don`t come forward. They don`t feel good enough to do that. So even if money is a factor for her, the fact that she stays with him and she looks happy with him doesn`t surprise me because you can`t feel good about yourself and wind up with somebody who is that even emotionally abusive, even if he never touched her.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: ... dishonest (EXPLETIVE DELETED) gold-digging (EXPLETIVE DELETED). Now I`m sure you (EXPLETIVE DELETED)

UNIDENTIFIED MALE: ... the new nasty recording allegedly of the Oscar winner and his ex-girlfriend...

UNIDENTIFIED MALE: ... because I like to show you what mean really is. (EXPLETIVE DELETED) Gold digger! All true! You (EXPLETIVE DELETED) proved it to me!

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It just keeps getting worse for Mel Gibson.

UNIDENTIFIED MALE: ... some sort of an average-level sort of kook.

UNIDENTIFIED FEMALE: Mel, you`re unbalanced. There`s something wrong with you. You need medication.

UNIDENTIFIED MALE: Oh, you shut up! You (EXPLETIVE DELETED) robbed me!

UNIDENTIFIED FEMALE: You cannot raise this child with this symptoms.

UNIDENTIFIED MALE: What?

UNIDENTIFIED MALE: Radaronline has another audiotape...

UNIDENTIFIED MALE: For dramatic purposes, you got to make it compelling.

UNIDENTIFIED MALE: ... allegedly of Mel Gibson arguing with his ex- girlfriend, Oksana Grigorieva. And it`s ugly.

UNIDENTIFIED MALE: What?

UNIDENTIFIED FEMALE: You`re acting as a crazy man right now, and you have been for many, many months. And you hit me, and you hit her whilst she was in my hands.

UNIDENTIFIED MALE: Oh, in that, he`s a total raving lunatic.

UNIDENTIFIED FEMALE: Mel, you`re losing your mind. You need medication.

UNIDENTIFIED MALE: You need a (EXPLETIVE DELETED) kick up the (EXPLETIVE DELETED) for being a (EXPLETIVE DELETED) (EXPLETIVE DELETED) gold digging (EXPLETIVE DELETED)! And I want my child! And no one will believe you! So (EXPLETIVE DELETED) you!

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, in for Nancy Grace. Tonight, stunning new developments in the Mel Gibson audiotape scandal. If it is Mel, do his own words do him in? His then Russian girlfriend accuses him of domestic violence, and he is never heard on the tapes we`ve heard denying it. Instead, he says things like, You bleeping deserved it. And the latest just out, No one will believe you.

So let`s bring in the lawyers. Alan Ripka, are his words alone enough to prosecute, if they can verify this is actually Mel Gibson`s voice?

ALAN RIPKA, DEFENSE ATTORNEY: Absolutely not. Verify what, that maybe he pushed her? The photograph of the baby -- babies fall down, they trip, they scratch themselves. There`s no evidence to show that that`s connected to him assaulting or pushing Oksana or the baby.

VELEZ-MITCHELL: I don`t know if I agree with that. Alexis Tereszcuk, you`re the Radaronline reporter. You know, she`s actually saying over and over again, You hit me. You did this. You did that. You came after me with the baby. And on the tape, he`s not denying it.

TERESZCUK: No. Not only is he not denying it, he in fact says, You F-ing deserved it. He never denies this.

I also wanted to tell you, Jane, that we just reported that DCFS visited Mel Gibson today. They actually met with him. They spent a couple of hours with him. So they`re taking this very seriously. Contrary to what was just said, it wasn`t just, you know, a baby falling. They don`t think that. They actually are investigating this and taking this very seriously because of Mel`s violent outrage on the tapes, which she has presented as evidence in her custody case.

VELEZ-MITCHELL: All right, well, I want predictions from the attorneys. Susan Moss, will the district attorney file charges against Mel Gibson?

MOSS: Yes!

VELEZ-MITCHELL: Yes?

MOSS: That mark on that child`s face collaborates (ph) this case! I mean, not only was he just threatening her, but he was threatening her with death! I mean, remember what those words said, I`m going to take a shovel and hit the side of your head and you`re going to end up in a rose garden! Come on! These are real threats and threats of death!

VELEZ-MITCHELL: All right. I want to play a tape because this one just takes the cake. And this is about Mel Gibson talking about his maleness. Check this out.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: Do you understand me? You (EXPLETIVE DELETED) offend my (EXPLETIVE DELETED) maleness, my masculinity, my being, my soul! And you call me a sinner! You`re a (EXPLETIVE DELETED) moving violation!

(END AUDIO CLIP)

VELEZ-MITCHELL: Kristina Wandzilak, you`re an interventionist, the host of TLC`s "Addicted." To me -- and I`m a recovering alcoholic -- this sounds like total alcoholic behavior, alcoholic talking. He did admit that he had an alcohol problem after his infamous anti-Semitic tirade. What do we know?

KRISTINA WANDZILAK, INTERVENTIONIST: What we know is he did acknowledge having a -- you know, battling alcoholism through his whole adulthood, is what he`s admitted to. And so absolutely, this certainly can be an alcoholic in relapse, and this can be an alcoholic in a dry drunk type of behavior.

But whatever it is, clearly, he has some very deep, unhealed wounds and he needs some help. Maybe it`s an untreated mental illness. You know, it`s really not uncommon. A large majority of recovering addicts and alcoholics have an accompanying mental illness, like bipolar or depression, which can in men oftentimes come out in significant anger and rage and abuse.

VELEZ-MITCHELL: And when I was looking at this video, I was, like, Who is that? Is that Octomom? No, that`s Oksana! And you are watching video of Oksana allegedly going to her attorney`s office from one week ago. That`s video from Hollywood.tv.

Nalley, Texas, your question or thought, ma`am?

UNIDENTIFIED FEMALE: Hi. My question is, back in the `80s, Mel Gibson and his wife were going through marital problems, and he also went into rehab. So how is it now that his wife is coming -- his ex-wife-to-be is now coming into defense for a man who had an affair with this woman?

VELEZ-MITCHELL: Well, Dr. Evelyn Minaya, you`re the women`s health expert, is this co-dependency that we`re seeing here, or could it be maybe, you know, a little inducement?

MINAYA: Well, I think that it`s a little bit of everything, if you ask me. I mean, first of all, a person never, never changes his stripes. Once a zebra, always a zebra. So in other words, it`s just repeated behavior. And now I don`t know why she`s coming to his defense because he really -- he doesn`t even have a leg to stand on.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: ... caught on tape admitting he hit the mother of his love child.

UNIDENTIFIED MALE: ... knocking out two of her front teeth.

UNIDENTIFIED FEMALE: What kind of man is that, hitting a woman when she`s holding a child in her hands, breaking her teeth twice, in the face?

UNIDENTIFIED MALE: Oh, you`re all angry now!

UNIDENTIFIED FEMALE: You`re going to get...

UNIDENTIFIED MALE: You know what?

UNIDENTIFIED FEMALE: You know what? You`re going to answer one day. Boy, you`re going to answer!

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (INAUDIBLE) You wanted the number of my therapist?

UNIDENTIFIED FEMALE: Mel, you`re unbalanced.

UNIDENTIFIED MALE: I will make your (EXPLETIVE DELETED) life miserable!

UNIDENTIFIED FEMALE: You`re unbalanced!

UNIDENTIFIED MALE: You have no (EXPLETIVE DELETED) soul!

UNIDENTIFIED FEMALE: You need medication.

UNIDENTIFIED MALE: I need a (EXPLETIVE DELETED) woman! I don`t need medication!

UNIDENTIFIED FEMALE: Are you crazy?

UNIDENTIFIED MALE: You`re like every other (EXPLETIVE DELETED)!

UNIDENTIFIED FEMALE: You were born this way. There`s something wrong with you. You need medication.

UNIDENTIFIED MALE: Oh, you shut up!

UNIDENTIFIED FEMALE: Have you said everything?

UNIDENTIFIED MALE: I said nothing! You`re a (EXPLETIVE DELETED) moving violation!

(END AUDIO CLIP)

VELEZ-MITCHELL: Oy, vey! I`m Jane Velez-Mitchell, in for Nancy Grace. It`s really not funny, but there`s a humorous -- unintentionally humorous side to it all because she`s so calm and he is so out of control, if it is Mel. Oksana says it`s her and that it is him. And he is not confirming that, obviously.

A lot of people are asking, are these tapes edited? Now, Radaronline says, quote, "The tapes were not edited by Radaronline.com and are in possession of law enforcement," end quote. But that still leaves the possibility that somebody edited them before Radaronline got them.

Sheryl McCollum, you`re a crime analyst and cold case squad director. How do cops determine whether or not they`re edited?

SHERYL MCCOLLUM, CRIME ANALYST: Well, they`re going to authenticate the tapes in the crime lab. There`s no question about that. But I`ll tell you the reason I think they`re real. He came out pretty quick and said, Hey, I`m being extorted.

VELEZ-MITCHELL: Oh, you raise a very good point. But there are a lot of people who feel that these tapes sound like they`ve been edited because her voice is so crystal clear and his voice is so scratchy. Now, it could be that she had the tape recorder next to her and that his voice is scratchy because he might be on a cell phone somewhere with bad reception.

Susan Moss, if it turns out these tapes are edited, does that destroy the case that she`s trying to make against him?

MOSS: Oh, it will be more difficult in terms of getting it into evidence for a criminal trial. But he said what he said -- racist, sexist, anti-Semitic! Don`t even bother making "Lethal Weapon 5"! Just forget it. I mean, this guy is done! Public opinion is never going to be on his side again, and for good reason!

VELEZ-MITCHELL: All right. Ellen, Illinois, your question or thought, ma`am?

UNIDENTIFIED FEMALE: You know, I had a question about the tapes being doctored, as well. But the other point is, is that, you know, we are just hearing his voice. And how do we know that she wasn`t egging him on prior to that conversation, prior to that ranting, as many couples do, get into fights, and you know, then they get in a fight two days later, and the fight that they had two days later continues on to that same day.

VELEZ-MITCHELL: Yes, I agree. I mean, one thing we can convict him of, if it is Mel`s voice, is being a vile human being. But does it cross the line into criminality? That`s what we`re trying to figure out. And did she do anything criminal? It`s such a hot mess! It really is unbelievable. We`re going to have more on the other side of the break, some shocking, stunning new sound play for you.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Hey, Mel, how are you doing?

MEL GIBSON, ACTOR/DIRECTOR: Good. How are you?

UNIDENTIFIED REPORTER: The Los Angeles County Sheriff`s Department confirms it`s investigating allegations Oksana Grigorieva attempted to extort money from Mel Gibson.

GIBSON: I`d like to make a statement.

UNIDENTIFIED MALE: Dishonest gold digging (EXPLETIVE DELETED). Now I`m sure you (EXPLETIVE DELETED).

UNIDENTIFIED FEMALE: I have signed a paper. I don`t want anything from you.

UNIDENTIFIED REPORTER: Gibson and Grigorieva are still in a custody battle over the 8-month-old daughter.

UNIDENTIFIED FEMALE: I don`t have anything.

UNIDENTIFIED MALE: You have my child. And she doesn`t need a gold digging (EXPLETIVE DELETED) Russian (EXPLETIVE DELETED).

GIBSON: Here`s for the camaraderie.

UNIDENTIFIED MALE: We all know what you are.

UNIDENTIFIED FEMALE: She certainly --

UNIDENTIFIED MALE: I will have that child. Easily.

UNIDENTIFIED FEMALE: I`m sorry? You will not have this child.

UNIDENTIFIED MALE: They won`t let you keep her. Because they`ll know what you are.

UNIDENTIFIED REPORTER: This as another audiotape released allegedly between the two.

UNIDENTIFIED MALE: And I`m not giving you my house. And you can rot. Unless you crawl back, suck my (EXPLETIVE DELETED) and say you`re sorry in that order. Do you understand me?

(END OF VIDEO CLIP)

JANE VELEZ-MITCHELL, GUEST HOST: Oy. I`m Jane Velez-Mitchell, in for Nancy Grace.

Bombshell developments in the latest Mel Gibson drama, not coming to a theater near you. Tonight we can tell you that law enforcement is looking into allegations from Mel Gibson`s camp that his Russian ex-girlfriend tried to extort him, reportedly, purportedly to the tune of $10 million in exchange for keeping these inflammatory audio recordings secret.

So I have to ask, why didn`t Mel pull a David Letterman and go to the cops right away? And for that matter, why didn`t Oksana call 911 on the night of the alleged domestic violence that she`s referring to on this tape?

Got to go to Ellie Jostad, NANCY GRACE producer. Give us the timeline on this so we can understand the progression of this psycho drama.

ELLIE JOSTAD, NANCY GRACE CHIEF EDITORIAL PRODUCER: Right. Right. Well, the allegations -- when this all first surfaced, the allegations from Mel Gibson`s camp was that the reason that this came to light was that Grigorieva had signed an agreement with him.

Now we heard today from the Hollywood reporter that it was a $15 million settlement. At any rate, the sources on Gibson`s side were saying she suddenly became unhappy with that agreement. She either wanted more money, wanted more custody, you name it.

So they claim that she fabricated these claims in order to get herself a better deal, to get an upper hand in this ongoing custody dispute.

VELEZ-MITCHELL: Now I`ve got to go to Sheryl McCollum, crime analyst. She could be guilty of extortion and he could be guilty of domestic violence. I have no idea but it`s possible they`re both right. Meaning they`re both wrong. Their behavior is both wrong.

Is there going to be a twin investigation here with the extortion department investigating one aspect of this and the domestic violence police department investigating another aspect of this?

SHERYL MCCOLLUM, CRIME ANALYST, DIR. OF COLD CASE SQUAD AT PINE LAKE P.D.: Yes, there`s going to be three investigations. There`ll be the extortion, the domestic violence and then Family and Children Services will be independent, doing their own.

No question. And you know, it could be a situation where much more secrets will come out. Neither one has behaved perfectly. And it`s going to come down to a Hollywood he said-she said.

VELEZ-MITCHELL: Well, again, I have to ask, who thinks -- we already know Susan Moss thinks that Mel Gibson is going to be prosecuted. Let`s ask this question. How many people -- anybody in our panel think Oksana is going to be prosecution -- prosecuted for extortion?

ALAN RIPKA, DEFENSE ATTORNEY: I don`t think she`ll be prosecuted for extortion at all.

RANDY KESSLER, DEFENSE ATTORNEY: Mel Gibson may be prosecuted for extortion.

(CROSSTALK)

VELEZ-MITCHELL: All right. OK. So basically what am I hearing? Let`s see. Alan Ripka?

RIPKA: The answer is no, she will not be prosecuted for extortion. There`s not enough evidence to convince a jury.

VELEZ-MITCHELL: All right. What about Randy Kessler? Will she prosecuted for extortion?

KESSLER: I don`t think -- I don`t think she`s going to be prosecuted. They had an agreement. You know $15 million to Mel Gibson is like $5 to you and me. Mel Gibson apparently agreed to give her $15 million to not say anything, and she still came out and said it. So if she wants to extort him, she should have kept her mouth shut. What I don`t get is, what did get by coming out with these stuff? She didn`t get anything. She lost her leverage.

VELEZ-MITCHELL: Hell hath no fury like a woman who is insulted in this manner.

KESSLER: Amen.

VELEZ-MITCHELL: You know, it`s -- yes, it can be about the money, but it`s not always about the money. This is such a vial -- and it`s also about her child. Maybe she feels this is the only way she can protect her child.

Maybe she feels I`m dealing with a huge Hollywood star who -- remember, the police wrote a different report initially about his anti -- leaving out his anti-Semitic tirade when they caught him on PCH and it was ultimately discovered that there was an original police report where he had made those anti-Semitic tirades.

I lived in Hollywood for 18 years. I can tell you that stars command a lot of special privileges. And she may feel -- and I`ll go to Dr. Evelyn Minaya on this, you`re the woman`s health expert -- that she`s got to play this card because it`s the only way she can deal in this David/Goliath battle.

DR. EVELYN MINAYA, M.D., WOMEN`S HEALTH EXPERT: Well, although I agree with you, Jane, but you know the problem is this. OK, you have one little piece of evidence. This -- this little piece of evidence, which is the child, obviously, who are -- who is the most important thing, and if she was so concerned about her protection, that she should have said something to the pediatrician as the pediatrician was examining her.

Going back into the literature that we got, there was no evidence that she even said that. Listen, Mel beat me up and she also beat up the baby. You know? So that`s the problem that I`m having with this.

And then all of a sudden, you take the picture like two days and three days later. And that she takes a picture of herself with a broken tooth a couple of days later. You know what? Domestic violence is not to say that it did not happen. Obviously it did.

But you know what? It kind of minimizes the power that she can have by her reporting it correctly.

VELEZ-MITCHELL: Well, let`s listen to more of this tape. And now let`s try to pay attention to her voice. Check this out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You almost killed us. Did you forget?

UNIDENTIFIED MALE: The last three years has been a (EXPLETIVE DELETED) gravy train for you.

UNIDENTIFIED FEMALE: You were hitting a woman with a child in her hands. You -- what kind of man is that? Hitting a woman when she`s holding a child in her hands. Breaking her teeth twice in her face. What kind of man is that?

(END OF VIDEO CLIP)

VELEZ-MITCHELL: Does it sound scripted?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You`re all angry now.

UNIDENTIFIED FEMALE: You`re going to get to -- you know what? You`re going to answer one day, boy, you`re going to answer.

UNIDENTIFIED MALE: What?

UNIDENTIFIED FEMALE: Bad.

UNIDENTIFIED MALE: What? What? What are you threatening me?

UNIDENTIFIED FEMALE: Nothing, nothing. I`m not the one to threaten.

UNIDENTIFIED MALE: I`ll threaten you. I`ll put you in a (EXPLETIVE DELETED) rose garden, you (EXPLETIVE DELETED).

(END OF VIDEO CLIP)

VELEZ-MITCHELL: Caryn Stark, does she sound scripted to you?

CARYN STARK, PSYCHOLOGIST: I`ll tell you something, Jane, if she`s scripted, I think that it`s a script about a real incident. What I can`t help paying attention to him, because I don`t really care what it is that she`s saying. What he`s saying back -- I mean, if you even listen to him at some -- at one point he`s like -- this is a rage, aggressive man.

He`s terribly on the brink of something. And so there`s so much about what she`s saying that he`s not denying. And also, she keeps saying to him, you`re in trouble. You`re not OK. You need help. And he does. And he really -- it`s a bad case against him.

VELEZ-MITCHELL: Yes, he does need help. I mean, he is one -- if this is Mel Gibson, he is one sick you-know-what.

STARK: Mm-hmm.

VELEZ-MITCHELL: Jane in North Carolina, your question or thought, ma`am?

JANE, CALLER FROM NORTH CAROLINA: Yes. Hi, thank you for taking my call.

VELEZ-MITCHELL: Hi. Thanks for calling.

JANE: I just wonder how in the world can he still have partial custody of the daughter with all these allegations?

VELEZ-MITCHELL: It`s an excellent question.

Alexis Tereszcuk, RadarOnline, my understanding is one of the reasons that he has partial custody is that after this incident, they continued a relationship and then they ultimately went to like a private trial which, believe it or not, I`ve done this story, they have them in L.A. They have these fancy offices where retired judges hear cases.

And they came to an agreement. So isn`t that one of the reasons why he still has partial custody because after this event she signed an agreement that Gibson had partial custody?

ALEXIS TERESZCUK, REPORTER, RADAROLINE.COM: She did. They went to a mediation. He got very little custody. And they had worked out a deal. But she -- after the phone call, she decided that this was not going to work. He was too violent. She was too threatened by him. And she wanted him to not have custody at all.

So on father`s day, which was just about a month ago, she did not want him to see the baby. And this is what started this tumultuous relationship, where he`s heard screaming at her so much.

So this is when she`s decided that she absolutely cannot abide by this mediation. She doesn`t want it anymore. She doesn`t want the money he`s offered. She just doesn`t want him to have custody at all.

But they did have the agreement. So that`s why they`re going to court. There`s in fact another hearing tomorrow because it deals with a minor child. The court will be sealed. We won`t be allowed in there. But they are having an ongoing discussion with the court about it.

Oksana is desperately pleading with the judge to please take custody away from Mel. She does not feel that her daughter is safe in his arms.

VELEZ-MITCHELL: Wow. And RadarOnline is also reporting Oksana was diagnosed with a concussion two days after the fight with Gibson on January 6th. So that would be January 8th. And that this doctor could become a key witness. Who knows. That`s one side of the story.

Nancy Grace`s brand-new book, "Death on the D-List," is going to be out on August 10th. So to pre-order your copy, just go to CNN.com/Nancygrace and click on Nancy`s new book.

Hurry. Order your copy of "Death on the D-List." It should be another "New York Times" best seller.

Congratulations, Nancy.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: She was allegedly kidnapped as a girl and held captive for almost two full decades.

PHILLIP GARRIDO, ALLEGED KIDNAPPER: Constructive story of turning a person`s life around.

UNIDENTIFIED REPORTER: Law enforcement came so close.

UNIDENTIFIED REPORTER: Now Jaycee Dugard has reached a settlement with the state of California for $20 million.

GARRIDO: The government in the end, the federal government, will end up being involved.

UNIDENTIFIED MALE: We made contact with Mr. Garrido in the front yard.

UNIDENTIFIED REPORTER: A peek into Phillip Garrido`s backyard.

UNIDENTIFIED MALE: There was not any criminal misbehavior.

UNIDENTIFIED REPORTER: The home and yard were never searched. The site of three girls at Garrido`s house that concerned the neighbors.

UNIDENTIFIED REPORTER: Disturbing details emerge. At least one parole officer spoke to Jaycee Dugard. One of her daughters while she was captured.

UNIDENTIFIED REPORTER: An admission of failure.

UNIDENTIFIED MALE: This is not an acceptable outcome.

UNIDENTIFIED REPORTER: Neighbors describe Phillip Garrido as creepy.

UNIDENTIFIED FEMALE: He was a sex offender. We saw it on the Internet.

UNIDENTIFIED FEMALE: That he was in prison for 11 years were kind of (INAUDIBLE).

UNIDENTIFIED MALE: My apologies for having missed an earlier opportunity to rescue Jaycee.

UNIDENTIFIED REPORTER: Could Jaycee have been rescued sooner?

(END OF VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell in for Nancy Grace.

She was allegedly held in captivity for nearly two decades. Two decades. Government lawmakers rushed to approve a $20 million settlement. But is it enough? Now we learn parole agents actually spoke -- that`s right. They spoke with Jaycee Dugard during her captivity, but they never bothered to follow up.

That`s according to a report by the California Attorney General`s Office. And now state officials say they will not investigate what happened.

Why not? This tortured young woman could have been freed a whole lot sooner.

Straight out to Henry Lee, reporter for the "San Francisco Chronicle."

Henry, what is the very latest?

HENRY LEE, REPORTER, SAN FRANCISCO CHRONICLE, AUTHOR OF "PRESUMED DEAD": Well, Jane, what we have here is because this $20 million settlement has been approved by the legislature and signed by Governor Schwarzenegger, the allegations raised in this troubling case won`t be investigated.

There will be no trial. There will be no higher payout. So a lot of the very disturbing things that we learned about Phillip Garrido will not be fully confirmed unless they open it up again. And that doesn`t seem likely, Jane.

VELEZ-MITCHELL: Well, of course, Phillip Garrido is going to criminal trial which hasn`t gotten started yet, along with his wife, Nancy. But this is so disturbing, Susan Moss, that authorities say they are not going to investigate Jaycee`s claim that she spoke to a parole official.

Look at that mess in the backyard of his house. A ward of tents and sheds, and she was kept there for two decades. You know, in a hell, impregnated twice. Her daughters now 12 and 15 years old.

And these parole agents spoke to her. And they did nothing. They didn`t put two and two together. They didn`t connect the dots. This is an outrage. And now it`s back to business as usual. They`re not going to investigate.

So we`re not going learn what went wrong. We`re not going to learn from this. It`s going to be more of the same and it`s only a matter of time before we`re here covering another story just like this, Susan Moss.

SUSAN MOSS, FAMILY LAW ATTORNEY & CHILD ADVOCATE: This is beyond outrage. No official investigation report, yet we gave her all the money she sought? This is our money. And this is money we`re going to have to pay out again and again and again.

Because without an investigation, without a report, we don`t know what went wrong. And if we don`t know what went wrong, it`s going to get -- go wrong again. History will repeat itself if we don`t find out exactly where there was a break in the chain, and we fix it now.

VELEZ-MITCHELL: And Randy Kessler, defense attorney, the taxpayers of California -- and I include myself in that group -- are going to have to shell out even more money because Jaycee`s mom, Terri, was not included in the $20 million settlement.

And so she`s negotiating for her own settlement. And I personally think she should get millions. I say give her the entire -- the entire budget of California for the hell that she`s been through.

KESSLER: And that`s why the case did settle. You know they could have asserted immunity, they could have gone to trial, they could have put these poor victims through more trauma.

But I think everyone that pays taxes in California says they deserve something. We are -- we failed her and we failed that family as a society. And that`s what happens, as a society when you fail, society pays up and that`s a little tax burden on all of us. But, you know, would any of us want to trade places? What would take if you`re to say, OK, you can rape me when I`m 11 and put me in a shed for 18 years? $20 million seems like a small amount of money for what they did.

VELEZ-MITCHELL: But you`re raising the possibility -- an I`ll ask Alan Ripka about this -- that the reason they`re not investigating is that they don`t want to have to force Jaycee, who has declined to talk to them about this, to talk to them, and that that could be additionally traumatic?

RIPKA: That`s not what`s going on at all. What`s going on here is they did their investigation. Everybody knows what went wrong here. The facts are in paper. The reason they`re saying that is because they don`t want it to go public and embarrass themselves because the case is really worth $100 million.

This civil trial -- this civil case has nothing to do with investigating or not. People don`t only investigate when there`s a civil trial. They do it to better themselves, their organization and to understand what happened. But they know, I promise you that.

VELEZ-MITCHELL: These guys -- Phillip Garrido was on parole. You know? He had raped a woman many years earlier. He was sentenced to 50 years to life for kidnapping and raping her. He got out after 11 years. And he was on parole.

And he was supposed to be watched. And he committed a parole violation. And they sent him to jail for four months. And then when they let him out, Sheryl McCollum, they don`t even check where he`s going.

The entire time he was in jail, his wife was allegedly -- we say allegedly because she hasn`t gone to trial yet -- watching Jaycee and the children.

MCCOLLUM: Well, let`s talk about everybody that failed Jaycee. The parole board failed her. The parole officers failed her. The sheriff failed her. The meter reader that came by the house to check the electricity failed her. Everybody failed her.

Jane, hell, we failed her. We stopped talking about her. We didn`t think she was alive anymore. Everybody that could have done something failed to do what they should have done for this child.

Anybody -- 14 years old that can give birth in the shed, in the backyard, the neighbors failed her, too.

VELEZ-MITCHELL: It`s such a sad commentary and an indictment of our criminal justice system. We`re so reactive. We just want to wait for the crime to occur. And then we jump all over it and spend millions of dollars prosecuting these people when all of this could have been prevented.

And that`s why when parole officials say, well, if we revoke parole for every single little minor violation, our system would collapse. Our system is collapsing. When a girl like this is tortured in this manner for so long that`s a collapse.

Wouldn`t it have been cheaper to hire more parole officers so that they could thoroughly do their job as opposed to paying $20 million or more after lives have been destroyed? Sheryl?

MCCOLLUM: It would have been cheaper to keep him in prison where he belonged.

VELEZ-MITCHELL: Yes. Exactly.

MCCOLLUM: Period. Eleven years. He raped the woman but he kidnapped her, too. Eleven years.

VELEZ-MITCHELL: It`s sick.

Catherine, Massachusetts, your question or thought, ma`am.

CATHERINE, CALLER FROM MASSACHUSETTS: Yes, I was just wondering. I think I almost heard the answer, though. Do you think she will -- would get a lot more if she`d go to trial?

VELEZ-MITCHELL: Well, let`s ask Alan Ripka.

RIPKA: Absolutely. With what she went through, a jury would have awarded her hundreds of millions of dollars. There is no price tag that you can put on what this young woman and her family went through.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He has kids there. Young girls there.

UNIDENTIFIED REPORTER: (INAUDIBLE) people living in the backyard.

UNIDENTIFIED FEMALE: You`re a sex offender of a woman.

UNIDENTIFIED MALE: No one should fail to recognize a sexual registrant beginning with law enforcement.

UNIDENTIFIED FEMALE: How did this happen?

UNIDENTIFIED REPORTER: Garrido`s parole officer never discovered what was allegedly happening in the backyard.

(END OF VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Shocking developments in the case of Jaycee Dugard.

UNIDENTIFIED REPORTER: Department of Corrections is blamed for contributing to Dugard`s captivity, ongoing sexual assault and abuse.

UNIDENTIFIED REPORTER: At least one parole officer spoke to Jaycee Dugard while she was captured but failed to investigate.

UNIDENTIFIED REPORTER: The state of California will pay kidnap victim Jaycee Dugard $20 million.

(END OF VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell in for Nancy Grace. We are talking about the Jaycee Dugard case filled with outrage after outrage and incompetence upon incompetence.

We are now learning that parole officials -- agents -- spoke with Jaycee Dugard during her captivity and they never bothered to follow up. They didn`t figure out that she was being held captive.

How is that possible? That is just such incompetence. The were many opportunities for this girl to be rescued long before she was.

Let`s go to Henry Lee, reporter, "San Francisco Chronicle." What about the trial coming up?

LEE: Well, we are still stuck in pretrial motions right now, Jane. The next court date, August 20th. But for now, their attorneys want Phillip and Nancy Garrido to be able to have telephone conversations --

VELEZ-MITCHELL: Oh please.

LEE: -- between themselves as they prepare their defense.

VELEZ-MITCHELL: That`s outrageous, Susan Moss. Why should they get to talk to each other?

MOSS: You know what? Let them talk to each other. You know why? It`s not privileged. Record every single word they say to each other, write it down, and throw it back in their faces.

VELEZ-MITCHELL: Why do we have to wait so long for the trial? They found Jaycee and her two children there. She`d been living there for years. There`s a ward -- a tent. There`s overwhelming evidence. So we`re still waiting despite all of that.

Our slow wheels of justice. Go figure. She needs justice. This trial should begin tomorrow morning, not months from now.

Thank you, fantastic panel.

Tonight let`s stop to remember Army Sergeant 1st Class Sean Cooley, 35, of Ocean Springs, Mississippi, killed in Iraq. Compassionate and loving, Sean served as a combat engineer in the military and a registered nurse in his civilian life. He leaves behind grieving parents, Gerry and Katherine, brother Patrick, wife, Laura.

Sean Cooley, an American hero.

And please remember Nancy Grace`s brand-new book, "Death on the D- List." It`s going to be out August 10th. You can pre-order your copy. Go straight to CNN.com/Nancygrace.

We want to thank you all of our guests for their insights and thanks to you at home for tracking these very important cases with us. We hope to see you again tomorrow night. Until then, have a terrific and a very, very safe evening.

END