The trio appears to be drunk throughout the video and at one point Gayheart says she has to lay down because she is so high.
This isn't the first time Rebecca Gayheart has had a bathtub escapade made public. In 2003, a photo of Gayheart ran in the National Enquirer showing her sharing a bathtub with an unidentified woman and a crack pipe.
Gayheart also earned notoriety after being convicted of vehicular manslaughter in 2001. The Rebecca Gayheart car accident took the life of nine-year-old Jorge Cruz, Jr. Cruz Jr. had been jaywalking and Gayheart struck the boy after swerving around cars that had stopped to let him cross in the middle of the street. Gayheart admitted that she was on her cel phone during the accident and served three years probation.
So who is Kari Ann Peniche? Peniche is a former Miss Teen USA who lost her title after posing for Playboy in 2002. Earlier this year she was kicked off of Dr. Drew Pinksy's Celebrity Rehab: Sex Addiction for throwing vases at cast and crew members.
"This is an unfortunate incident where someone stole some property, personal property, among three very good friends," Peniche's manager, David Weintraub, told ABCNews.com today. "They were very good friends when the tape was filmed a few years ago. I don't know if they're good friends now."
An LAPD representative told ABCNews.com that police are looking into the release of the tape.
The Gray’s Anatomy star and his wife, Rebecca Gayheart, have settled a legal nightmare with the website which posted an intimate “three-way” moment between the couple and a former beauty queen Kari Ann Peniche.
The court ruled that the X rated footage made public one year ago by Gawker.Com was unlawfully posted the film and “maliciously” distributed the video. Gawker was ordered to remove the video and pay a yet to be disclosed amount of money in exchange for no further legal actions.
The Hollywood Reporter issued a statement released from Gaby Darbyshire, Gawker administration, which read: “Although we are confident that our use of the video on Gawker was protected fair use, because the posts already had been available to our readers for nearly a year, and because we already had won an important decision from the court striking large parts of the plaintiffs’ damage claims, we agreed to remove the posts as part of a global settlement to avoid the burden of further litigations.”
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