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OTRC: Mel Gibson tapes might not be used in custody case

Mel Gibson engaged in an ugly war of words with ex-girlfriend Oksana Grigorieva in 2010. They made headlines when a series of recordings of what is said to be an explicit, sexist and racist rant against her surfaced online following a violent January confrontation. She alleges he struck her but added she would be willing to forgive him. Gibson says he only slapped her and had used violence to protect their baby daughter, who she was holding at the time. Police are as of December 2010 investigating the incident but no charges or arrests have been made. (Pictured: Mel Gibson speaks to KABC, OnTheRedCarpet.com's parent company, in 2009. / Oksana Grigorieva speaks to Larry King on 'Larry King Live!' on Nov. 17, 2010.) (KABC / CNN)

Oksana Grigorieva might not use tapes containing ex-boyfriend Mel Gibson's racist, sexist and explicit rants as evidence in their ongoing custody battle over their infant daughter, Lucia, OnTheRedCarpet.com has learned.

Grigorieva, 40, earlier this month dropped a domestic violence claim she had submitted against the 54-year-old actor, weeks after he pleaded no contest to charges of misdemeanor battery against her.

The case and Grigorieva's claim had referenced a Jan. 6, 2010 confrontation between the two that had also involved their child.

The following summer, recordings of telephone conversations between the two, which referenced the event and included racist and explicit rants made by Gibson, were posted on the RadarOnline website and made international headlines. Police reviewed the tapes before they filed charges against Gibson.

Grigorieva's attorney, Dan Horowitz, told a Los Angeles judge on Thursday, May 12, that he might not use the highly-publicized tapes in the custody case. Horowitz and Gibson's lawyer plan on June 23 to discuss with the judge what kind of evidence can be used.

In the recordings, Gibson is heard making racial slurs against Black and Hispanic people, insults about Grigorieva's fashion style, demands to see Lucia and threats of violence and he also reveals he is seeing a therapist.

Last month, Gibson said the recordings were edited. Grigorieva denied this.

Grigorieva and Gibson are believed to have broken up around April 2010 after being linked together for about a year. She had dropped her domestic violence claim because she wanted to extend an olive branch to Gibson, her other attorney, Ron Litz told OnTheRedCarpet.com.

Grigorieva had said on CNN's "Larry King Live" in November 2010 that she was open to forgiving Gibson.

After entering his no contest plea to misdemeanor battery, Gibson was sentenced to informal probation for 36 months. Child custody cases in general may be affected by a parent's criminal record.

Gibson was also ordered to perform community service, complete a domestic violence program and undergo continued mental health counseling and pay a $400 fine. If he violates his probation, Gibson could face up to a year in prison.

Meanwhile, he is trying to revive his film career. His latest movie, "The Beaver," flopped at the box office. Litz, told OnTheRedCarpet.com that he will not watch the film because he's not a fan of Gibson.

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