by Free Britney at . Comments

Kari Ann Peniche did not have sex with Eric Dane and Rebecca Gayheart, the troubled former beauty queen, who believes their nude tape was stolen from her, says.

The alleged Eric Dane sex tape, featuring the drugged-up naked trio, contains absolutely no sex, and none occurred when the camera was off, Kari Ann said.

In a statement, Dane's lawyer went out of his way to distinguish between a sex tape and a naked video. Which is not to say the 12-minute tape isn't risque.

The three played dress up and the two naked women then lounged together in a bathtub as Eric filmed them, high as kites and musing about porn names.

It's weirder than it is hot.

As for how it was leaked, Kari Ann Peniche says the nude video was stored on the hard drive of her computer, but stolen by troubled country star Mindy McCready, her roommate after the two completed a stint on the TV show Celebrity Rehab.

Kari Ann Peniche says she got into an argument with McCready over money and the singer ganked her hard drive as a result. Peniche freaked about personal info on the hard drive getting out and filed a stolen property report with the LAPD.

Peniche was kicked off Celebrity Rehab for stealing from McCready, ironically.

The disappearance of her hard drive eventually led to a meeting of reps and lawyers for Eric Dane, Rebecca Gayheart, Kari Ann and Mindy, in which Dane was granted rights to the video and everything was assumed to be resolved.

Until the Eric Dane tape surfaced on the Internet yesterday, that is.

There is another rumor going around that the nude tape surfaced as part of an official investigation into Kari Ann Peniche's alleged sex-for-hire business.

In any case, here are some photos of Kari Ann Peniche, the third wheel in what is definitely the weirdest celebrity threesome with a married couple ever:

Kari Ann Peniche in Playboy

by Free Britney at . Comments

Eric Dane's lawyer wants to differentiate between a "sex tape" and a "nude tape." But whatever you want to call it, he's willing to sue you for exploiting it.

A video showing the Grey's Anatomy star, his wife Rebecca Gayheart and former Miss Teen USA Kari Ann Peniche nude and in compromising positions is ancient history, according to Marty Singer, an attorney for the married couple.

Kari Ann Peniche Nude

Singer says using the tape for commercial purposes will mean a big lawsuit.

In a statement released Monday shortly after the Eric Dane tape circulated, the actor's lawyer said of the (non) sex video being discussed and shown online:

"This is simply a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public."

The statement continues:

"Although the participants are nude, the tape is not a sex tape. It is a private tape made for my clients' personal use, and nobody has the right to exploit it."

Singer said that "if anyone exploits the tape, they will be violating my clients' rights and will be exposed to significant liability." We don't doubt it one bit.

The attorney reiterated that the Eric Dane tape is a "private, confidential tape," and added that "from what I've seen, it's a naked tape, not a sex tape."

The third woman in the video is Kari Ann Peniche, who in 2002 was crowned Miss Teen USA but was later stripped of the title after posing for Playboy.

Kari Ann Peniche, who was once engaged to Aaron Carter and appeared on Celebrity Rehab for sex addiction, is alleged to be involved in a sex-for-hire business.

We will have more on that aspect of the Eric Dane tape later.

by Free Britney at . Comments

"You gotta be two of the f*%king hottest girls this side of Mulholland." - Eric Dane

If you couldn't tell from the headline, Grey's Anatomy star Eric Dane, his wife Rebecca Gayheart and former Miss Teen USA / Playboy model Kari Ann Peniche apparently engaged in a threesome and filmed a sex tape together.

A lot of drugs were apparently involved.

With every celebrity sex tape, one wonders just what the hell the participants were possibly thinking. In this case, it's pretty clear: they weren't.

Our analysis: After ingesting a boatload of mind-altering drugs, a nude Eric Dane nailed his wife Rebecca Gayheart and beauty-queen-turned-Hollywood-madam Kari Ann Peniche. While debating the best porn star names of course.

Eric Dane, Kari Ann Peniche

Eric Dane and Kari Ann Peniche take a sex tape break.

In the video, a 12-minute romp, the inebriated threesome lounges nude in the Studio City apartment of Kari Ann, passing around the camera and, for giggles, discussing what their names would be if they joined the adult film industry.

Dane settles on "Tuff Hedemen" (his favorite bull rider). Soon they move to the bathroom where the ladies disrobe and Eric takes over the camera.

In truth, it's not very exciting. It is, however, very real and they are very naked.

Follow the jump for some still photos from the Eric Dane sex tape ...

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