1. Headline
  1. Headline
Image: Eric Dane
Valery Hache  /  AFP/Getty Images
Eric Dane's attorney has fired back over the alleged sex tape, saying, "It's a private tape made for only my clients' personal use."
Access Hollywood
updated 8/18/2009 5:49:50 PM ET 2009-08-18T21:49:50

“Grey’s Anatomy” star Eric Dane, wife Rebecca Gayheart, and former beauty queen-turned-“Celebrity Rehab” patient, Kari Ann Peniche, are responding to the leak of their racy video.

Gawker posted excerpts from a tape on Monday that features the trio nude in a bedroom and a bathroom. The 12-minute video was said to be shot inside Peniche’s apartment two years ago, and within it, Gayheart said she was high. At one point Dane revealed his alter-ego name, “Cocaine Manor.”

Tuesday morning a lawyer for the TV star husband and wife issued a statement.

“Although the participants are nude, the tape is not a ‘sex tape.’ It is a private tape made for only my clients’ personal use,” attorney Marty Singer said in a statement to Access. “If anyone exploits the tape, they will be violating my clients’ rights and will be exposed to significant liability.”

  1. More Entertainment stories
    1. Autistic ballerina dances her way into hearts

      In a popular YouTube video, the beaming little ballerina dances an entire four-minute routine seemingly perfectly, matchin...

    2. Every on-screen drink in 'Mad Men' in 5 minutes
    3. See the 'Dancing' stars' most memorable moves
    4. Emmy's biggest snubs? Cranston, Hamm, more
    5. 'Toy Story' toys burn up in prank on mom

A rep for Peniche also spoke out, saying, “This is an unfortunate incident where consenting adults who were having a little a fun are now victims of having personal property stolen and private matters made public.”

But more bizarre than the tape itself, is one theory of how it was allegedly leaked.

According to multiple online reports, troubled country star Mindy McCready, who was Peniche’s houseguest following their appearance on “Celebrity Rehab,” reportedly stole Peniche’s computer hard drive, which contained the footage. The two reportedly had an argument about money.

When contacted by Access, McCready could not be reached for comment.

Peniche was spotted by the paparazzi on Monday night was asked, “How are you doing tonight Kari Ann? Are you going to pursue legal action Kari Ann?”

The former beauty queen would not comment but only smirked and she silently speed away from an L.A. restaurant.

On Tuesday morning, Access spoke with a family member close to Peniche, who was heartbroken over the release of the tape, but still said the family, “loves (Kari Ann) very much.”

The family member said the Peniche family is not happy with the choices she has made. The family member also said the video footage of her smirking is not representative of how she is actually handling the situation.

“She doesn’t think its funny at all,” the family member told Access.

Copyright 2013 by NBC. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Discuss:

Discussion comments

,

More on TODAY.com

  1. Joan Lunden: 10 things I wish I knew before I was diagnosed with breast cancer

    From the moment you hear the words ‘You have breast cancer,’ it’s almost like you’re shot out of a cannon. Here are 10 things I wish I knew before I was diagnosed.

    10/1/2014 10:52:45 AM +00:00 2014-10-01T10:52:45
  2. Want to help? A guide to breast cancer charities

    In the United States an estimated 296,000 women and 2,240 men will be diagnosed with breast cancer this year and almost 40,000 women and 410 men will die of the disease. That's one death every 14 minutes, according to the National Breast Cancer Coalition.

    10/1/2014 10:45:11 AM +00:00 2014-10-01T10:45:11
  3. Samantha Okazaki / TODAY
  1. Nbc News

    9 things we learned from Brian Williams' Facebook chat

    10/2/2014 1:41:28 AM +00:00 2014-10-02T01:41:28
  1. Noel Vasquez / Getty Images Contributor

    Mila Kunis,  Ashton Kutcher welcome baby girl

    10/2/2014 1:24:09 AM +00:00 2014-10-02T01:24:09
  1. Kevin Lamarque / Reuters

    Secret Service director resigns amid scandal

    10/1/2014 7:30:52 PM +00:00 2014-10-01T19:30:52