Reply #9: It could come into evidence a variety of ways.

[TexasObserver]

The most likely way it gets into evidence is to impeach Gibson in some aspect of his testimony. If he denies saying something he said on the tape, the court might allow the tape to prove he lied on some point in his testimony.

There's also the broad reach of applying child protective laws. The tapes are evidence of conduct that is threatening to the child. It's always relevant in a child custody matter if a parent is abusive to the other parent. The interests of the child are paramount, and the guardian ad litem might be able to use the tape in court, even if the mother cannot.

I think the tape will come into evidence if Gibson denies saying anything that the tape reveals. If he admits such things in court, either by stipulation or by testimony, the tape should not come into evidence. Only by admitting the things on the tape can he likely avoid hearing it played to impeach him. Typically, such a tape comes into evidence only after a party on the tape has denied saying or doing something which the tape can prove otherwise.

Given Gibson's history, given his alcoholism, his raging rants, and his abusive nature toward women, it seems very unlikely the tapes can be kept out of evidence if he denies saying the things he is heard to say. A tape can be admissible for one purpose (impeaching the witness, for example) while not being admissible for some other purpose.

Frankly, there's no way in hell the judge keeps this out of evidence in a civil case if it is authenticated as Gibson, and if he denies saying such things.