Eric Dane and wife Rebecca Gayheart are threatening to sue anyone who publishes the video which shows them naked with former Miss USA and “Celebrity Rehab” reject Kari Ann Peniche. Now, the dethroned beauty queen who was stripped of her crown for baring all in Playboy is claiming that her “Celebrity Rehab” roommate, country singer Mindy McCready, swiped her hard drive, which housed the compromising footage of her with Eric Dane and his wife Rebecca Gayheart naked and apparently stoned.
Peniche told TMZ that the strung-out trio shot the footage more than two years ago in her Studio City apartment, but there was absolutely no sex involved. After a recent argument with McCready, Peniche believes the singer took her hard drive when she moved out. Peniche, 25, filed a stolen property report with the LAPD, fearing the salacious content on her hard drive would fall into the wrong hands.
Last month, the threesome and McCready reportedly worked out a deal regarding who got what on the hard drive. Dane, 36, won full rights to the video, but it was leaked on the Web yesterday. Now Dane and Gayheart, 38, are threatening to sue anyone who exploits the video.
Gawker posted a scaled back 12 minute edited version of the tape. In the scandalous video the married couple of 5 years party naked with the one-time beauty queen in her bedroom and bathroom, passing the camera around. Kari is seen stroking a naked Eric while they reveal their porn star names. “My alter ego name is Peter, just Peter,” he appears to say as he lies on a bed next to Peniche.” My dog growing up was named Cocaine and I lived on Manor Drive, So I’m Cocaine Manor.” Gayheart then picks “Nina” as her porn name, while Peniche opts for “Fifi.”
Later, topless Rebecca and Kari share a Jacuzzi bath. The trio appears under the influence of something throughout the video and at one point Rebecca says she needs to lie down because she’s so high. While in the tub Gayheart says, “I’m not like a huge advocate of drugs for whatever reason … it is kind of fun.” And in the bathroom, Dane, appears to be behind the camera and pans the lens over his wife in the bathtub, commenting, “You’ve gotta be two of the hottest f***ing girls on the set of Mulholland. And I’ve seen some hot girls before. This is the thing.”
Attorney Marty Singer, representing the couple, said the tape “is simply a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public.” He added, “Although the participants are nude, the tape is not a ‘sex tape. It is a private tape made for only my clients’ personal use, and nobody has the right to exploit it. If anyone exploits the tape, they will be violating my clients’ rights and will be exposed to significant liability.”
Kari Ann Peniche’s manager David Weintraub had a different way of spinning things after telling US Weekly, “This is not a sex tape. It’s guys having fun, hanging out together.” He went on to say that Peniche is “sorry that somebody has stolen these things and put them out. That’s the overall of it. Those are good friends of hers. It was in good fun and, unfortunately, now it’s public record.”