Oksana Grigorieva

Photos, or more accurately video screen grabs of Mel Gibson's daughter Lucia offer proof that the actor did not abuse the infant, according to his legal team.

Shot three days after the fight between Mel and Oksana Grigorieva during which she says he abused them, Gibson says the video proves she's a perjurer.

Oksana claims that during a Jan. 6 argument, Mel hit her twice, and the second blow grazed Lucia, drawing blood and creating an abrasion on her chin.

Will photo evidence clear Mel Gibson of domestic abuse charges?

Oksana Grigorieva submitted a photo in the custody case purporting to show Lucia's injury. But video from January 9 shows absolutely no evidence of an abrasion.

According to court documents, Mel's lawyers claim Oksana doctored the photo to prove a phantom injury - basically they say she's lying about Mel Gibson's abuse.

Mel admits he slapped Oksana January 6, but says it was one time, not hard, and only done to "bring her back to reality" because he feared she would hurt Lucia.

The day after the confrontation, Oksana took Lucia to her pediatrician, and made no mention of an injury, nor did the pediatrician see one. Very suspicious stuff.

Follow this link to peep TMZ's pics and see for yourself ...

After watching Oksana Grigorieva on Larry King last night, Mel Gibson didn't issue any sort of rebuttal. Rather, he sought sole custody of their daughter, Lucia.

The actor's lawyers will appear in court to ask the judge in his custody war to award him sole custody of baby Lucia in response to Oksana's sitdown on CNN.

Team Mel alleges that Oksana's false and derogatory statements to the media show she is not acting in the best interests of Lucia and should cost her custody.

MEL VS. OKSANA: With new barbs traded every day, this is one of the ugliest custody feuds we've ever seen, and the scary thing is that it's only beginning.

In addition to attempting to take custody from Oksana Grigorieva, Mel's lawyers will ask Judge Scott Gordon to award her visitation, but only with a monitor. 

Moreover, they will seek to deny Oksana any overnight visits with the baby, the same thing she's requested to strip Mel of several times (to no avail so far).

This isn't some reactionary shot in the dark. Gordon has warned Oksana she could lose custody if she talked to the media. We'll see if he backs that up ...

Oksana Grigorieva told Larry King last night that Mel Gibson hit her, choked her, waved a gun at her and made her sincerely think she was going to die.

On "Jan. 6 [of this year] the beating took place," the actor's ex-girlfriend and the mother of his daughter, who also has a 12-year-old son by Timothy Dalton said. "Mel actually assaulted me while I was holding the baby in my arms."

"I ran into my son's bedroom and told him, 'Mel's crazy.'"

Grigorieva said that at that moment, her son, Alexander, hid behind the bed as Oksana stood with her daughter Lucia, "like a mother protecting her cubs."

News came out this week that Mel admitted slapping Oksana, but not punching her, in a hysterical moment during which he says he was protecting Lucia.

She says he did much worse, and recorded the Mel Gibson tapes as evidence of her murder, if that happened, but also to "help" crazy Mel if it did not.

Listen to a portion of her interview after the jump ...

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Oksana Grigorieva will appear tonight on Larry King Live, and when she does, she will reveal for the first time why that she taped conversations with Mel Gibson.

His legal team says, or at least strongly insinuates, that it was all done as of a plot to extort him for money. They cite her emails as proof of sinister intentions.

Her explanation? She thought she was going to die.

HE SAID, SHE SAID: Or more like he screamed, she recorded.

"I started taping it around 11 o'clock because I thought, 'I'm actually not going to live through the night. I'm not going to live through the night," she said.

Grigorieva said she hoped her mom would share the tapes with the police. "I wanted my mother to be able to prove that if I'm dead that this is who did it."

Anyone buy that? While the Mel Gibson rants were terrifying and the actor has rage issues beyond belief, she sounded awfully calm on the recordings.

As for why she stayed with Mel despite his behavior - he admits slapping Oksana but says it was to protect Lucia - Grigorieva admits it was a mistake.

"I stayed too long," she said. "I gave him the last chance. He asked for the last chance. He begged. He cried on his knees. What am I supposed to do?"

Mel Gibson's latest defense against allegations that he battered his now-ex, Oksana Grigorieva? That the crazy chick actually did that to herself. Seriously.

Oksana claims Mel scratched and bruised her January 6, which he denies, admitting only that he slapped her once, not hard, to protect their daughter.

As for how she appeared injured in photos taken after the fact?

SOMETHING'S FISHY: Mel says it's Oksana's story.

Mady Shany, Oksana's facialist, says in a declaration to the court that on January 12, Grigorieva came in for a facial, and she noted, "I noticed there were scratches and bruises around her eyes and on her forehead."

Shany says Oksana told her Mel "punched her and threw her on the bed while she had the baby in her arms." But was she lying about the abuse?

In Mel's declaration, he says Oksana is unstable and "suffers from Trichotillomania, an impulse control disorder characterized by the repeated urge to pull, and pulling, out ones own hair, eyelashes, eyebrows and other body hair."

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"Too much evidence, my dear."

These words, excerpted from Oksana Grigorieva emails sent to Mel Gibson just before their mediation in May, are a big part of what his lawyers believe prove attempted extortion took place between the actor and his estranged ex.

Oksana sent the emails May 2, two weeks before she and Mel went into mediation which resulted in a $15 million package for Oksana and baby Lucia.

Do Oksana Grigorieva's emails reveal sinister intentions?

In the email, Oksana Grigorieva accuses Mel and his family of leaking stories about their breakup, specifically ones that "claim you dumped me."

Mel's lawyers believe the emails show Oksana as a manipulator, someone not fearful of Gibson at all, but merely scheming to extort his millions.

Oksana writes, "Does your family think that my modesty and class could pass for stupidity?" She adds, "Do they think that I will let them carry on with ruining my reputation, which was unblemished before i ever layed eyes on you?"

"The facts are stubborn things, information is power, you told me so yourself."

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Mel Gibson apparently admitted "slapping" Oksana Grigorieva in a sworn court declaration, but his account of their blowout fight is very different than hers.

According to the declaration obtained by TMZ, Mel admits slapping - not hitting - Oksana after she became so hysterical that she was endangering their baby.

In the January 6 fight that sparked a domestic violence investigation, Oksana claims Mel punched her in the temple and the mouth, knocking out two teeth.

But Mel tells a very different story.

Mel says he and Oksana were arguing at his home when Oksana grabbed Lucia out her of bassinet, brought her right in the middle of the argument, screaming, "Stop yelling or you will make her into a retarded brain damaged idiot!"

Oksana then "spun around," according to Mel, and ran out into the backyard, which the actor says is dangerous at night, set on different levels and dimly lit. Oksana ran across the various levels for about 75 yards, near thorny trees.

Mel says he implored Oksana to bring Lucia back inside, which she did, but "while jerking her body from side to side to keep Lucia out of my reach."

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She says he's an abusive monster, but verbal abuse aside, there's been scant proof of any physical attacks, with a whole lot of credibility issues raised.

Case in point? A pediatrician who examined the child of Mel Gibson and Oksana Grigorieva the day after their fight saw no evidence Lucia was injured.

That's contrary to Oksana's claims that Mel hit both of them.

MEL VS. OKSANA: The search for the truth continues.

Dr. Linda Nussbaum, who examined Lucia January 7, never mentioned an injury to the baby's chin, which Oksana now claims Mel Gibson inflicted.

Dr. Nussbaum says, "...I did not see any symptoms of trauma, abuse, bruising, redness or injury on her face, head or elsewhere on her body."

Makes you wonder.

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Squaring off with Oksana Grigorieva in their custody fight, Mel Gibson teared up on the stand Wednesday about how much he loves Lucia and his other children.

Mel's voice cracked as he talked about the daughter he shares with Oksana, who was also present, during his testimony. Lucia just celebrated her first birthday.

Oksana wants Judge Scott Gordon to strip Mel of overnight visits with Lucia, saying whenever the baby stays the night at Mel's, she comes back "acting funny." 

Mel has issues, but he's fighting hard for custody of his daughter.

Oksana did not get specific as to what "funny" meant.

On cross examination Mel's lawyers played video of Oksana talking to People and other media outlets, asking directly if that's really appropriate for Lucia:

"Do you think by talking to the media you are looking out for the best interests of Lucia?" She was also grilled about talking to TMZ, who reported this story.

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Will the judge in Mel Gibson's custody case order the troubled actor to seek therapy today? It may well happen if Oksana Grigorieva has her way.

Oksana's lawyers will ask the custody judge to order Gibson into therapy for "anger issues" when both square off in court over baby Lucia today.

Sources say Oksana's team wants to deny Mel overnight visitation until a psychiatrist determines Mel is safe to be around his one-year-old girl.

Oksana Grigorieva and Mel Gibson earlier this year.

Lawyers have been trying to hunt down other women they say Mel cheated on Oksana with, in hopes that they will corroborate her allegations of abuse.

So far, Judge Scott Gordon has been unmoved by Oksana's objections, allowing Mel visitation and overnights the couple agreed to during a May mediation.

Oksana's legal team will also challenge that very mediation agreement today, arguing that she signed it under duress. She later disavowed the whole thing.

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