Hey, wait a second. Those tapes. Those infamous “vile” tapes. How were they done? It sounds like Mel is talking to Oksana on a telephone! It doesn’t sound like they are in the same room. At one point he even says “I’ll come over there and burn the house down but you’ll have to blow me first” or something of some such depravity. But wait a second. Wiretapping is illegal! It is a federal (and state!) crime that could land Oksana in jail for many, many years. You can’t wiretap your spouse looking for dirt in a divorce. (Mel and Oksana weren’t married, but the issue is not their marital status but how the tapes were obtained) We did posts on that way back when we first started this blog. A Hollywood billionaire Kirk Kerkorian’s lawyer, Terry Christensen, a man well regarded in the legal profession, was sentenced to multiple years in prison for wiretapping Kirk’s ex Lisa Kerkorian!
Wait a second…. How did Oksana do those tapes? I mean, if it was from Mel’s cell phone….but if Mel was calling her fixed line (and it was Mel’s house not Oksana’s that Oksana was living in at the time) then the call goes through wires and that is basically the crux of a wiretapping case. To illegally and without court authority place a secret surveillance on a wire transmission like a phone line. OMG. I think a new issue is going to start to surface in a few days with this one. It is not just Mel who could face criminal charges for allegedly hitting Oksana. Oksana herself (are we sure this girl is not a KGB spy???) could be facing federal prison for wiretapping her ex in the first place! And she will be in jail a much longer time than Mel! OMG. This is getting really interesting now. The Federal Communications Commission clearly has said this kind of stuff is illegal. HOW DID OKSANA OBTAIN THESE TAPED CONVERSATIONS??? I think this girl could end up in big, big trouble and that there could be a huge backlash against her for more reasons than one….just woke up and jumped on the computer so forgive me if I’m totally delirious.
But if this becomes and issue? You heard it here first.
I mean, I just looked into wiretapping in California. I found this website privacyrights.org. Here is what they said about recording telephone conversations in California when all parties (both Mel and Oksana!) or not informed that the converstation is being recorded:
California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct “beep tone” warning (CPUC General Order 107-B(II)(A)(5)). However, tape recordings can legally be made if an individual or members of one’s family are threatened with kidnapping, extortion, bribery or another felony involving violence. The person receiving the threats can make a tape recording without informing the other party. (California Penal Code 633.5)
Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted laws based on the federal standard. But 12 states, including California, require the consent of all parties to the call under most circumstances. These are are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. For a state-by-state guide to taping laws, including a discussion of federal law and references to caselaw, see the Reporters Committee for Freedom of the Press guide, www.rcfp.org/taping/.
I mean, seriously, is there an issue here that could come back to bite Oksana in the tush?