Eric Dane And Rebecca Gayheart Kari Ann Peniche Hot Swingers Sex Tape

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Eric Dane, wife Rebecca Gayheart and disgraced beauty queen Kari Ann Peniche do not have a swingers sex tape, Dane’s lawyer and Peniche’s spokesman say. The leaked video merely records the three “having fun, hanging out together. There is no sex involved in this.”

Says Dane’s lawyer: “This is simply a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public.” Moreover, the legal eagle tells People, “If anyone exploits the tape, they will be violating my clients’ rights and will be exposed to significant liability.”

The videotape, not that we’ve seen it, shows the naked trio of swingers in a rather altered state, blathering about their porn names and other matters of national security. Gayheart and Peniche later soak in Peniche’s spa tub together (Hey! We have that same bath pillow! … Uh, forget we said that.)

No swingers sex is seen on the tape, but the tale does get sleazier! Peniche, a former Miss Teen USA who was stripped of her title after stripping for Playboy, tells that her roommate, disgraced country singer Mindy McCready (arrests for drugs, DUI, identity theft, battery, and an alleged affair with Roger Clemens) stole the tape from her hard drive after an argument about money. (Peniche and McCready got friendly after appearing on “Celebrity Rehab” together, though Peniche reportedly got kicked off for, among other things, punching a cameraman and stealing stuff from McCready. The season is not set to air until next year.)

Peniche says she did file a stolen property report with police and made Dane and Gayheart aware of the theft. But, which unveiled the tape yesterday, reports that Peniche had more recently been earning a living as a Hollywood madam, and that the Los Angeles Police Department had confiscated the tape while searching for her client list. says that the swinging couple, Peniche and McCready reached a deal last month about the video that gave Dane full rights to it. Who leaked it is unclear, but we doubt Dane and Gayheart had much to gain by the exposure.