It's for the Sheriff's Department and courts to decide who's at fault. Which they could do a lot quicker if attorneys for Mel Gibson and Oksana Grigorieva didn't fight to the death on every aspect of the investigation.
As it happens, attorneys for Gibson's verbally berated and allegedly abused baby mama were in court this afternoon to determine just how much access they'll be allowed to have to Grigorieva's records.
Grigorieva came in on the side of not much.
But Los Angeles Superior Court Judge Scott Gordon denied a motion to limit a search of her computer hard drive, despite her lawyer's argument that authorities shouldn't be privy to personal items like family photos and letters to Grigorieva's father.
Grigorieva was seeking "the return of private, personal and privileged items that are unrelated to this investigation," and "the establishment of a search protocol that will exclude private, personal and privileged items but will allow the discovery of all items that relate to the (false) extortion claims."
The Sheriff's Department successfully argued that investigators need to do an exhaustive search of her computer, just on the off-chance that any potentially incriminating evidence has been hidden or misleadingly labeled.
Oksana, for her part, argues that such a thorough probe is not necessary and, in fact, would only potentially expose her private life to more analysis, public embarrassment, and most likely be used against her by Team Mel when the case inevitably goes to trial.
Indeed, papers filed indicate that the Sheriff's Department may intend on prosecuting Grigorieva herself for extortion.
"I am not an extortionist," she told reporters after the hearing. "I never asked for any money."
Gibson has accused Grigorieva is of trying to bilk $15 million from him in exchange for keeping those damning phone conversations quiet—a separate matter from the domestic violence case she brought against Mel. No charges have been filed in either case so far.
"Like in the BALCO case, it is illegal to have a general search, no private pictures of Grigorieva breast feeding or pictures of a child and her mother, they should be able to get things related to the case only," her lawyers, Daniel Horowitz, told E! News. "A third party can look through it and pass along only the things relevant to the search."
As her lawyer addressed reporters after the hearing, Grigorieva said that her "entire life is on the computer," including "a lot" of stuff that Gibson "would be embarrassed about," including "private videos."
Gordon said simply that it wasn't his place to supervise the ongoing criminal investigation.
Meanwhile, Grigorieva's camp is also crying extortion when it comes to a former bodyguard of hers, who claims that he's working on a tell-all book in which he alleges that they slept together.
"It's a complete fabrication," Horowitz says. "He made up lies to get into her world, she believed him, she realized who he was, she cut him off, and now look at what he's doing. What he said was a complete fabrication...He is full of lies and slander to extort her."
—Reporting by Soo Youn