BAM! Shiz just got real. I mean, it was “real” before now, what with everyone like “Good God, can the drama between Halle Berry and Gabriel Aubry just take one damn holiday off?” But while most of us were like “Poor Gabriel, Halle is going to use this fist-fight to get total custody of Nahla,” Gabriel was quietly plotting HIS next move. And his next move is a doozy. Apparently, Gabriel filed his own restraining order against Olivier Martinez, and Gabe’s lawyers are saying that Olivier threatened to kill him. Think of it this way: this incident will be cited two years from now by Halle Berry in an interview she does after she and Olivier are over. She will talk about this incident and she’ll call Olivier an abusive, violent monster and she’s an innocent victim and she’ll cite this incident. Trust.
Gabriel Aubry has obtained a restraining order against Halle Berry’s fiance Olivier Martinez, who busted Gabriel’s face during a brutal brawl on Thanksgiving … and Gabriel’s declaration (which includes graphic photos of his injuries) paints a radically different picture of what went down at Halle’s on Thursday.
According to Gabriel’s declaration, the day before Thanksgiving, Gabriel took Nahla to her school play. Halle and Olivier showed up and Olivier walked up to Gabriel and whispered in his ear in French, “I wish I could beat the s**t out of you right now. You’re lucky we’re in a school right now. We’re going to take Nahla right now and you’re not going to follow us.”
The next day, Gabriel says he took Nahla to Halle’s at around 10 AM. He says in a completely unusual move, Olivier came out of the front door — usually the nanny was the go-between. Gabriel claims Olivier said, “We need to talk.” Gabriel says he walked toward his car to close his door when Olivier jumped off the stairs and knocked Gabriel to the ground and started brutally beating him, screaming that Gabriel cost them $3 million to fight the custody war (Halle’s failed move to take Nahla to Paris).
Gabriel says Olivier took his head in his hand and slammed it on the concrete driveway. According to the declaration, as Olivier assaulted Gabriel he screamed that they were going to move to Paris and Gabriel had better move there too or Olivier would kill him.
Gabriel claims Olivier then said, “We called the cops,” and that when they show up, “you’re going to tell them that you’re the one who attacked me, or I’m going to kill you.”
Law enforcement sources tell TMZ … Gabriel made no mention of the alleged threats when he spoke to police immediately after the fight. Gabriel alleges in his declaration that Halle lost her bid to get primary custody with the judge consistently siding with Gabriel for a 50/50 arrangement.
Gabriel’s lawyer attached photos of his injuries which are brutal. Sources on Halle’s side claim it was Gabriel who flew off the handle and started the fight.
As TMZ first reported, an emergency protective order has already been issued against Gabriel — requiring him to stay 100 yards away from Halle, Olivier, and Nahla. We’re told Halle’s lawyers will go to court this week in an attempt to have the order extended.
You can see Gabriel’s battered and swollen face here – he obviously came out of this fight the more injured party. Now, do you wholeheartedly believe Gabriel’s side of things? I’m not so sure. I believe – as I always believed – that Olivier was trying to verbally instigate Gabriel, and I believe that Olivier and Halle were and are super-pissed that the judge said they couldn’t move to France. I also think it’s unfair to say “Gabe never mentioned any of this in the hospital!” – the dude had some kind of major head trauma and he was probably really out of it. Here’s what I believe now: this is going to get so, so messy. It’s already a mess, but it’s going to get even worse.
Also: Radar says that because of his arrest, Gabriel might be deported back to Canada. I guess I thought he had become an American citizen at some point, or maybe gotten dual citizenship? Radar says he’s just here on a visa though. Anyway, you can read Radar’s story here.
…And this morning, TMZ reports that Aubry is going back to court for an emergency hearing on visitation with Nahla. MESS.
Photos courtesy of WENN, Fame/Flynet.
I hope the cops were able to get the surveillance tape. Halle is crazy and Olivier is an animal and the one who should be deported.
Apparently the cameras had been “repositioned” recently and didn’t capture the incident. In the police report Gabriel Aubry urged the police to get the video quickly…
Also interesting that Gabriel has no trauma to his hands at all.
Of course…thanks for the update. Olivier is a trained boxer…he should have been arrested.
I think he will be – GA looks like he went 10 rounds with Tyson – that was a pretty brutal beat down.
I’m sure it gave Olivier great pleasure to bash Gabriel’s moneymaker – he and Halle are Crazy & Crazier… allegedly.
I agree, GiGi….and I hope Olivier is arrested (although this is CA).
From the injuries it appears to me that Olivier set it all up and then instigated a one man beatdown. Animal. I have mostly stayed away from this saga of bratty insanity, but now, team Gabe. Grow the F up, Olivier and Halle.
“Repositioned” my ass!! As soon as Gabriel was taken away, Halle and Olivier were in there, merrily deleting those videos and barking orders at the security team to get out there and “reposition” those cameras.
BET. ME.
Or @bellaluna they “repositioned” them days earlier as they planned the set-up. Quite a coincidence that Olivier managed to beat Aubry up out of camera sight. I wonder if they used marking taped to make sure he hit his non-camera mark.
Its a a big ol pile of 100% unfiltered, imported from France BS.
how is it that a woman so afraid of stalkers and paps has gaps in her cctv security system???!!!
…Halle is a total crazed fuking bitch… hope that Gabe gets sole custody of that child… Halle can put herself into harms way with the “animal” boyfriend… but she has NO RIGHT to put that child in harms way… one day he’ll be hitting or raping that child..
actually there was a pic that showed a pretty swollen & bruised knuckle on Martinez. He claimed he has some shoulder injury too. These are all consistent with him waging a major beat down on Aubry and, considering Aubry’s injuries, not merely defending himself
test test
I’m not familiar with U.S. laws; so I have to ask how’s there a chance that the cops didn’t or couldn’t… get that tape if it really exists? Poor little girl.
Because Berry has a really powerful godfather who can also make charges drop when she hits and runs, and sends police escorts on the morning after she entraps someone? I’d say a studio executive somewhere, I bet.
@Loulou – every time Halle has been papped with Nahla, it’s because something has or is about to go down. it’s her pap appeal to the minivan majority.
What could be more wholesome than mother brave enough to take her child to the wholesome theatre show whilst being so afraid of her ex she needs a police escort!!!!?!
They can’t get them if they aren’t there. I’m sure it is easy to turn them of, rotate cameras, and delete the digital tapes remotely. So if it was a set up then the tapes probably just show the grass growing. If they existed and had any probative value the police would already have them without any problem. It is evidence at a crime scene, not handing them over would be obstruction of justice and very shady behavior.
*cough* far be it for me to try to reason with a lynch mob but has anyone considered that maybe GA is just a really crap fighter? That maybe he did throw the first punch, was blocked and ended up with a very bruised face/ego?
Were statements taken before GA spoke to his lawyer? If so, then they better mention this story he is now telling. The account he gave to the police is more likely to be the accurate version, so I’ll wait for that one.
This Olivier guy needs to be in anger management though. Even if he was attacked, he should have had a more measured response. Halle needs to pick men closer to her level of success. These struggling actors/models are inevitably controlling, violent cheats, she should know this by now.
So – he throws the first punch, but it essentially doesn’t land, so his hands are undamaged. In response, he ends up with bruising on both sides of his face (which looks severe enough to have caused a concussion IMO), and a cracked rib. In this scenario, Olivier should still be in jail.
Agreed. We know nothing until TMZ inevitably leaks the police report. Given how long its taken to apply for a restraining order I call BS on pretty boys story too.
The truth must be somewhere in the middle.
There are very few pockets of sense on this board today. How can this story be true unless Martinez is on some really bad crack? The dialogue alone is hilarious.
No offence, but if you believe this story in totallity please see me for a bridge I may be selling around the Brooklyn area. Me, I am taking both stories and averaging them out. That leaves me with two giant douches, a messed up woman and a lovely young girl in the middle.
First off Olivier has NOT A SCRATCH on him except for oh, guess what, a big ol’ swollen knuckle. Gabriel has two really nasty shiners, a split lip and a cracked rib. Even if Olivier was the much more skilled fighter he’s also older and much smaller. He would surely still have some bruises on his face if this had not been a vicious attack on Aubrey on his part rather than an equal “brawl”. Secondly I believe Olivier is claiming he only acted in “self defense” to get an “aggressive” man off his property. That is a joke, since if Martinez is capable of doing so much damage, surely he was also capable of restraining a supposedly aggressive man without doing so much injury? Given that Aubrey is a model who’s job relies on his looks, and given the smear campaign against him by HB, it would make much more sense for him to avoid getting into a brawl at any cost.
It’s certainly possible that GA is a crappy fighter. BUT if that were true and GA still started the fight, then OM could have just blocked the punch from GA and walked away, screaming what a piece of merde that Canadian pretty boy was! No, OM laid a beating on GA because he wanted to, regardless of who started the fight.
Both seem to have anger issues.
But even if Aubry threw the first punch, Olivier should have just restrained him.
Beating Aubry’s face into a pulp until he was almost unrecognizable and ending up with a cracked rib and a possible head injury doesn’t just show self-defense and subduing an aggressive person. Olivier seemed like he didn’t stop beating Aubry until he was completely knocked out.
Have you seen Aubry’s photo immediately after the fight? He looked horrendous. One eye was so black from bruising and swollen 4x its normal size. An injury like that is not inflicted by someone just trying to avoid a fight.
If Halle accuses Aubry of being dangerous around Nahla that she’s filing a restraining order, what of Olivier? From Aubry’s injuries, Olivier seems very capable of doing serious harm on someone. But Halle wants to marry him and make him stepfather to her child?
It’s ridiculous all around. Poor Nahla.
@V4Real: In response to this part of your statement'”Maybe they did have some kind of an arragement and he changed his mind.”
please watch the first 3 minutes of this video of Halle on Oprah.
https://www.youtube.com/watch?v=mzM-O4BamM4
Thank you @dap!
And these are the words she says about Gabriel.
Halle: This man was the first man i met who oozed integrity and was inherently good.every people [sic] in the room, all the modelling indstry for ten years he has been working. they all say the same thing about him.
Oprah: Integrity
Halle: He has great integrity
Oprah: how does that manifest?
Halle: he is honest. He does what he says he is going to do.i have really learnt to appreciate honesty even when i don’t want to hear it coz it’s the truth. i think i used to like hearing what i wanted to hear and not necessarily the truth. And i love that he shows up and he tells the truth no matter what. he met my mother he didn’t do the let’s impress your mother dance. He is always his authentic self. never worried about being judged. he doesn’t care what anybody thinks. of who he is.
Oprah [ooohing in between above statements]: Really?
Halle: And to walk with that kind of confidence…
Oprah [many times]: That’s great
Halle [contd]: That says that he knows who he is and doesn’t need to prove it on any day to anybody and that’s what i responded to. And with integrity i know he has the ability to love me, love our children..child
Oprah: children, you said children
much studio laughter
Halle: well this is one right now but right after this we are hoping to do it again
Oprah: Really. That”s great.
What’s sicker is that Gabriel had custody of Nahla for Thanksgiving but yielded to Berry’s request to him and let her have her. Nice way to repay that favour!?! Premeditation much???
@LAK Yes I saw that interview but where are you going with this? That comment was actually in GA defense. I wrote that because some people were saying that Halle used Gabe as a sperm donor. That comment meant that ok, maybe she did but who gives a shit he is still the father. Did you read the sentence that followed? I don’t get why you are questioning that part of my comment.
But I will say this, don’t most people in a relationship gloats about a new love until something goes wrong? Oh he/she’s the best, I never met anyone like them; she’s/he’s the one. That’s Halle when she was still happy in the relationship with Gabe. I bet she would sing a different song to Oprah now or maybe that was just the crazy talking. Look at Tom and Katie, he was jumping up and down on Oprah’s couch like a fool in love. Look at their relationship now. Let’s not forget we are dealing with trained liars called actors.
One last thing if she used him as a donor or had some kind of arrangemet; do you think she would admit to it?
I posted after reading a portion of your post which was going in another direction. Having read rest of your post, i realised that mine was unnecessary but i couldn’t delete it.
also, it doesn’t make sense because it posted in the wrong place so it seems really random.
Generally, i agree wholeheartedly with your post.
@LAK Gotcha; big smiles.
@V4Real ;- on entirely superficial note, where is Oprah to sort all these people out??!!
Olivier has injuries to his hands, and Gabriel has massive injuries on his face and none on his hands — so the injuries are indicative of who the victim was. Even if Gabriel threw the first punch and missed, the ex-boxer should have restrained himself. Gabriel has two black eyes meaning Olivier punched him more than once — no self-restraint.
My vote goes for sole custody for Gabriel. Halle is unstable and Olivier is a violent angry jerk. They can visit Nahla on trips from France.
girlnbayou: this site is moderated so it may take 15-30 minutes for your comment to appear after you clear your browser’s memory.
I don’t know what to believe because, really, nobody knows anything than what is being reported by not particularly reliable sources. But, holy cow, those pictures of Gabriel’s injuries are horrific!
+1.
I’m so confused right now, I’ve lost track of the little I knew about this situation already.
All I can say is, poor kid.
Same here.
The one thing I know for sure is that this story is not as black and white (yes I went there) as this piece is painting it.
I question any supposedly devoted father who did not insist on being on his childs birth certificate until after a bitter break up with his much wealthier girl friend. Suppose Halle had died in that two year period before he was on the certificate? Did he ever think of that? And before anyone suggests that he was unaware of not being registered as father, what kind of “proud new dad” doesn’t look at their babies birth certificate just for the pure joy? Wouldnt this proud daddy probably be insisting on filling out the certificate?
I suspect that he knew and happily accepted that he was a sperm donor. Well, accepted it for as long as the life style was assured anyway. Then comes the split, he doesn’t get his pay off and needs to keep on that child support gravy train ……and make his exs life harder. Because shock – white men can be vindictive too.
Of course, none of that matters with custody now. It doesn’t matter that he didn’t step up before or what his motives are for now stepping up, the fact is that parental rights are parental rights. But lets not pretend we are dealing with some blonde blue-eyed angel here.
Halle has her issues but she is not alone in the crazy. Trust That.
@Hawk Eye’s Wife
White men can be vindictive too?
What does his race have to do with this?
@Hawk Eyes Wife, just want to say that my kids are now 13 & 15 and I don’t think their Dad has ever laid eyes on their birth certificates,(except when he signed the birth registration form in the hospital when I said, oi hubby, sign here….)let alone gazed at them in his pure joy. And yet, he’s still a damn proud Daddy!!
@Hawk Eye’s Wife
Hey Halle (or Halle’s paid employee) – whazzup?
If someone had made a “black men” comment people would be screaming right now.
What kind of racist BS is that to throw in here? What does anybody’s race have to do with this besides in your ugly mind?
If you want to get all technical, Martinez is French, Berry is half white, Aubrey is white and Canadian and Nahla is three quarters white. What is the point? The sky is blue too.
Halle is a horrid person and it has zilch to do with race.
Andy I think shes referencing the very subtle racial undertones that show up in the saga. Where Halle is alternately a sultry temptress who traps these men and then a crazed controlling “baby mama”. Perhaps given the same circumstances with an all white cast we would still come to the same conclusions but I am sure the language and tone would be very different.
@HawkEyesWife first off Gabriel wasnt on the birth certificate because of a technicality of CA law.
I don’t understand the need to say that white men are vindictive unless you are referring to Halle idiotic comments that she would never date another Black Man because they all either beat or cheat on her. I see she’s doing so much better now.
What Amelina said. Theres a tone. And a bunch of assumptions based on….. Whatever. Girl must be used to it by now, I know I am.
Halle berry has dated, married, slept with black and white men. The common thread according to her is that they all turned out to be abusive monsters. not a racial privilege of one race or another.
Hmmmmm. I would say that responses on Halles stories definately have a little more animus than most. TMZ comments section is especially disgusting with that. I think thats pretty undeniable. I believe the statement above that “white men can be vindictive too” was a very pointed reminder that white males tend to be immune of that accusation. Vindictiveness is an accusation reserved for women apparently. And maybe even more so for women of color. So that some readers feel that Halle never stood a chance in the court of public opinion.
@Hawk-eye. Some media outlets are reporting that Halle didn’t want Gabe’s name on Nahla’s birth certificate after the birth. Since they were not married there was nothing Gabe could do at that time. Maybe there is some truth to the rumors that Halle just used Gabe as a sperm donor.(CB reported on 2/4/11 that Halle sent Gabe an email that said thanks for the donation). Maybe they did have some kind of an arragement and he changed his mind. So what if he did; he is the father and has every right to see his little girl. I have always said that Gabe might not be innocent in all this but Halle took it to a whole different level.
She accused this man of racism, abuse and stated that he flew off the handle everytime someone referred to Nahla as Black. Maybe it’s true, maybe it’s a fabrication, who knows.
But I do know this; Olivier is a freaking bully and I can believe Gabe when he said Oli threatened him the day before. I’ve said it over and over that Halle and Olivier instigated that whole scenario. Even if Gabe threw the first punch, Oli being a trained boxer could have anticipated that move and ducked. Even if someone swings on you and miss, you don’t have to beat them to a pulp. Olivier let Halle manipulate him into hating Gabe and he vented all his frustrations on Gabe that day.
If he was a real man he would have told Halle I am steering clear of you and Gabe’s custody battle. You two sort this thing out and I will still be here as emotional support. He could have even tried being the biggger man by trying to convince Halle to try to come to some kind of suitable agreement with Nahla’s father so this little girl doesn’t grow up with any emotional scars.
This lady chose to let her man get into a physical altercation with the father of her child while the little girl was present. What kind of sick crap is that. If Olivier could fly off the handle that easily why would you want a man who has shown you that he can be very violent. She has claimed that she has been a victim of abuse from previous relationships; if that is true then she should have ran like a bat out of hell after she witnessed Olivier beat Gabe in such an inhumane way in front of her child. He has violent tendencies and it could happen to her one day. If it does and I pray it don’t we might not want to believe it unless there is substanial proof because she has cried wolf one too many times.
I said I’m not team anybody but I am really starting to dislike this lady. She is freaking batshit crazy.
Since Halle is the vindictive one here perhaps you should have just said that men can be vindicitve too.
Hawk Eyes’ Wife – I don’t know if his name was on the birth cert. or not, or if Halle convinced him it shouldn’t be because she planned on getting him out of the picture right after Nahla’s birth, BUT NAHLA DOES HAVE HER DAD’s LAST NAME, so that counts for something. It’s definitely not like he didn’t care. They planned and tried for that kid, too, and Gabriel wanted many more kids, but I guess Halle just wanted to have the one, push GA out of their lives, and move on, and that is what ALL OF THIS has been about since.
The father’s name is “automatic” on the BC ONLY if the parents are married at the time of the child’s birth, in the state of CA.
Not married? Your choice. Married? No choice.
Bellaluna: Being unmarried is the very reason why Aubrey would have been more vigilant with the certificate. A married man or woman may be secure about these things. But an unmarried guy keen on being a dad would be far more eager to see know how the documentation would work. They were together for 2 years after her birth and he never tried to legally secure his place in her life?
I am not saying that he forfeited his rights in this failing. I am saying it was a major failing on his part and answers the question whether he is a sperm donor gone rogue.
Honestly the fact that this angle is not being explored is why I agreed with those saying theres some major ‘racialist shhhhhh’ going on with the coverage.
Yes. Yes. Even sperm donor can change their mind but in gossip terms its still a very interesting story. But no. We must keep our angels white and our villains dark and have no greys in between, huh?
@ all the people that think that anyone that isn’t “Team Gabriel” is on Halle’s payroll
Well, I post here consistently on articles unrelated to either of these poeple so do me a favor and look it up before you accuse me of being a paid Halle employee.
Not everyone is on “poor” Gabriel’s side. While I definitely consider Halle manipulative and vindictive (and capable of all sorts of shenannigans), I view Gabriel as a golddigger, and have no stomach for the type, male or female. And this guy, since he wasn’t entitled spousal support since it wasn’t even long enough to be considered “common law”, goes after child support that I know supposts him above all else. It does says enough if he didn’t insist of having his paternity recognized foro the start.
What kind of good father doesn’t insist on having himself listed as the child’s father from the start, except when it’s the only way to grab some cash? Any good father would want to recognize his child as his from the beginning.
@Hawk Eyes Wife – My dad did not want his name on my birth certificate and he did not want me to have his last name.
However, he was a great and devoted father. He loved me, he was proud of me, and he always looked after me. He even took care of my mom despite their constant bickering.
What I’m trying to say is, you don’t know why his name wasn’t on the birth certificate and you should quit acting like you do.
Oh, Roz, no. As the mother of two mixed ethnicity children, I made NO comment regarding race.
I was simply stating how it works in CA with regard to birth certificates. When the parents are unmarried, the state yields to the mother’s wishes until and unless paternity has been established. The court will order a paternity test in the event either party contests the fatherhood of the child: in the event it’s positive, the father must pay for the DNA test; if it’s negative, the system eats the cost. (Gabriel most likely thought it wouldn’t even be an issue, and thus didn’t press the issue.)
Please don’t misconstrue anything I said as referring to race.
I was on the fence yesterday, but it’s a lot easier to believe Gabriel’s side of the story now seeing these pictures.
@Hawk eyes- re: the birth certificate. My husband didn’t care too much about it. He was too busy with our actual baby and helping me to the bathroom. We don’t even have a copy of it.
Especially when you consider that Gabe is a model. His face is his livelihood. I don’t think he’s going to go around looking to get his face busted up, you know?
Gabriel got served. He started something he could not finish! All you people defending him sound so stupid. You never even heard the man talk yet your so sure he is innocent. Halle has an affinity for douche bags and Im sure he’s one too. Gabe wants Halle to pay him and thats what the whole beef is about. How many women would be happy to pay a grown man support? None of you so please shut up! Halle is still the prettiest and she got these white boys going HAM. Oh and Gabriel is guilty check who his lawyer is. Thats why his story has changed.
Have you actually followed this story from the beginning? Most of us used to be big Halle fans, and her behavior towards the father of her child has made us change our minds. And Gabriel’s story has not changed. This is the only story we have heard out of him so far, and it sounds totally plausible to just about everyone! Do you think he’d lie and piss off Halle any further than she already appears? He has never gone to the press and degraded Halle in the past, or said much at all. I feel his life is in danger from Halle and Olivier already, and it makes sense to let the public know beforehand, in case something else happens. I doubt he has any other desire to rock the boat with them though
Gabriel got served. He started something he could not finish! All you people defending him sound so stupid. You never even heard the man talk yet your so sure he is innocent. Halle has an affinity for douche bags and Im sure he’s one too. Gabe wants Halle to pay him and thats what the whole beef is about. How many women would be happy to pay a grown man support? None of you so please shut up! Halle is still the prettiest and she got these white boys going HAM. Oh and Gabriel is guilty check who his lawyer is. Thats why his story has changed.
What a strange, nonsensical comment…
His story changed? When. This is the only story that seems put out by the Aubry camp.
@ Eve : That would be twice. Same comment twice.
@ Little Darling:
I got that. I posted my reply when there was only one comment showing up — I found her “reasoning” strange. I meant to say her comment was strange and nonsensical (or just plain stupid) in its own, not because it was posted twice.
@ Eve. I get that too! 🙂 I’m just saying not once, but twice was that nonsensical comment posted. As a starter and a response. In case we didn’t get it the first time, I guess.
I see now :).
But I’m going to give her the benefit of the doubt (not that she deserves it, but I’m going to give it anyway): maybe there was a glitch and the comment was sent twice.
Imagine this for a second; Katie Holmes in the roll of Halle doing every bit of vindictive crap that Halle has done. Tom is Gabe and Katie found herself a new love. I will even let Olivier play the roll of her new love.
(Keep in mind that this is just a made up scenario therfore Tom is not the screwball that we know him to be).
Now do you honestly think we would not crucify Katie and consider her the villian if she did all this to Tom. Yes, she would be the villian and it has nothing to do with the color of her skin. The same with Halle, she is not a villian because she is dark, she is a villian because she’s a manipulative, vindictive, scheming crazy bitch.
I really don’t think it’s a racial thing. Halle is the one who is making all her antics public, not Gabe. He’s not putting her on blast or making her look crazy, she is doing that on her own. She wants to run from the paps and have issues with the media gossiping about her but now she wants them on her side by playing victim.
I said numerous times that I am neither Team Halle or Team Gabe. I am however on the side of what is right and Halle seems to be wrong in this. I also said that Gabe’s hands are not clean in all of this either. I even had an issue with a woman paying a man child support, especially when the woman has primary custody. But that’s Cali’s Law and we don’t control the law there.
Actress Kelly Rutherford went through a bitter custody battle and lost. Most of us believe she had to be at fault and it was rumored that she schemed to keep her kids away from the father and that’s why she lost. The only reason we are not all over the web commeting about her is first, she’s not as big of a celebrity as Halle and second she kept most of her business private. So if anyone needs to shut up it’s Halle.
Posting from Ireland here so don’t know anything about US law so maybe someone can explain. Can an independent party request a restraining order to keep Martinez away from Nahla? It would seem that it would be in her best interest to keep him as far away from her seeing as he inflicted some serious injuries on GA while she was present in the home.
Also interesting that GA has no offensive injuries to his hands.
It can be done, I’ve seen it happen with people I know, and I think that’s what Gabriel is doing now.
Where?
New York. But it was a really really nasty battle…worse than this, or actually, exactly where it’s headed.
There are 3 types of restraining orders potentially floating around in this situation. Halle’s was awarded in family court, Gabriel’s was in civil court and depending upon how this plays out there could be a criminal protective order. So, the short answer is–it depends.
I wish poor Nahla could issue a RO against all of them.
Facts – there’s a little girl who is very happy and relaxed with her Daddy who is having to fight to spend time with her and her mother is trying her best to stop that from happening.
What crucial here are his hands, now I’ve never been in a fight so don’t know how these things work but surely he should have some cuts and bruises on his hands from throwing the “first” punch right?
That caught my eye as well, it just looks like he was straight up assaulted rather brutally.
I’m surprised, that TMZ told the story from Gabriel’s view – the photos kind of relieve him. Aren’t they like Halle’s publicist?
Anyway, I totally believe Aubry. It makes much more sense. Martinez is probably super desperate to move back to France, I think the relationship with Halle will not last if they are not allowed to move. Aubry is the only reason they can’t get what they want, so I totally believe the death threats. What a shame.
From time to time I watch TMZ. The only person really on her side is Harvey Levin. All the other guys, especially the ones who are fathers, were not. I guess everybody was commenting on the type of injuries both guys had and it’s obvious GA was not the assaulter. So, Harvey, as a lawyer, had to give an opportunity for GA to “speak up”. I watched tmz last night and they do mentioned how he was beaten, but Harvey was vehemently saying his sources said GA started it. Well, I think TMZ wants to cover their bases in case HB story doesn’t pan out…
Even IF Gabriel threw the first punch (which I doubt, maybe pushed him) is that any excuse for Martinez to beat his face in like that? He has two black eyes. First punch Gabriel and then Halle’s creep hit him how many times to do that kind of damage?
I’m through with Halle and her thug boyfriend. I will protest the only way I can. I will never contribute a dime toward any movie they are in. Forever.
Poor Nahla. Being raised by a psychopath and a brutal thug.
And when Gabriel turns up dead California won’t do a thing.
Turns out Gabes lawyer will be Shawn Holley, who is friends with Levin. this might explain the sudden more equitable treatment by TMZ.
There must be powerful evidence if it made Harvey change his mind about the direction of this story.
@G: thanks for the info. That’s why he is slowly back pedaling his thoughts on HB. If I am not mistaken he said yesterday a model should not start a fight with a former boxer, it was either him or that tool called Charles. I hope there is enough evidence to show HB is unstable and Olivier should be far away from Nahla.
I watched a lot of procedurals and the first thing they talk about are the hands. If it was a victim, there should be some type of scratches or marks indicating a struggle if they were attacked. Whether GA threw the first punch, missed etc is not relevant because his hands are clean. If he was conscious, he would have tried to stop Ollie from beating him down. Obviously since his hands were clean, he probably passed out with the first punch that landed on his face or after Ollie slammed his head to the pavement.
I don’t care what the cameras say at this point because the injuries or lack thereof speaks volumes.
I would think that the INS will deport GA if he is found guilty of assault, not because he was arrested. The same is true for lover boy over there.
I don’t care if it’s self defense because that beating is savage. I’m surprised Ollie didn’t take an eye out.
Halle and Ollie both deserve to be in jail (her- obstruction of justice; him – assault).
Why in the world would Gabriel start a fight with a trained fighter. It doesn’t make sense. Lots of people said Halle would have a meltdown after she couldn’t move to France and look what happened. A HUGE mess. My guess is, that she plotted this with Olivier to make Aubry look bad and it backfired in her face. Poor Nahla. The true loser in this drama.
ALL of them should go in therapy.
+1
ALL of them!
Poor child!
Aubry should get full custody, Halle should go to therapy and Martinez should move back to France.
Yep. What I don’t understand is why Martinez (who has showed how violent he is) is allowed to stay around Nahala. Even if he didn’t start the fight (I doubt) he has beaten her dad’s ass off.
The most sensible thing, exactly. Nahla will grow up in a volatile environment if she stays with Berry. Gabriel seems content to devote himself to raising Nahla well.
He will automatically get custody if those two goons are found guilty of obstruction of justice, premeditated assault etc. That’s automatic jail time. You can’t have custody if you are in the slammer.
They have good lawyers and money. Can you imagine how us normal people behaving like thugs would be treated? We would be thrown in jail, charged and then the kids removed from the home. Money buys privileges.
Gabriel should sue Olivier, hurt him where it really hurts, his pocket.
That would cost him just as much or more to do that and I read he doesn’t have it.
Usually in civil lititagation an attorney would take a case if they think they can win and get one third of whatever the settlement was. They don’t bill hourly like a family law or criminal attorney would. The only reason you would have to pay up front is if you are being sued. I’m sure LA is full of civil lawyers looking to raise their profile and would try the case if this is what actually happened.
GA will save every penny he has to fight Nahla’s mother from taking her away from him. She has money to burn and can keep taking him to court over and over until he is bled dry.
Wasn’t Halle ordered to pay Aubry’s legal fees?
Ordered to pay them AFTER the case-but during, she was requesting HE pay HER fees. What if he’d lost? And he knows damn well that was just a battle win for him, not a war win.
go gabe go! fight fire with fire! they’re going to lie and do whatever dirty things they have to to win, so you do the same! when you’re fighting in the gutter, you’re gonna get dirty. do what you gotta do, cause they da*n sure are.
I’m glad he’s not taking her cr*p lying down. It’s apparent she doesn’t want her baby’s dad in the picture. like people said, shortly before they broke up, she was singing his praises all over the place. now he’s an evil monster? beyotch, please!
I think GA should sue Martinez for loss of earnings too. A model with a beaten face can’t work.
true!
Well said.
+3
+4
Wow, the whole side of Gabriel’s head is swollen – and he has not one scratch on either hand, suggesting he threw no punches whatsoever. That is pretty compelling physical evidence for his side of the story.
Yep.
That is what I have been saying. These guys look like someone got their ass kicked in a MMA ground and pound situation.
Olivier has hand injuries with neck pain from pummeling Gabe’s head into the ground and Gabe’s looks like he was on the bottom getting pounded.
Olivier is a brutal ass. You don’t need to kill someone even if they threw the first punch. Which I don’t believe. I buy totally the tmz story and they are usually the Halle mouthpiece!
I just thought ‘Holy sh*t!’ when I saw those pictures. He really looked battered.
I saw the pics a few days ago and poor Gabe got the worst of it. But let’s not forget that Olivier is a trained boxer. Gabe could have thrown the first punch but Olivier because of his training could have anticipated the punch and ducked.
Model v/s boxer; we all know who that’s not going to end well for.
I find Aubry’s version of events credible mainly because of the height difference. Aubry is 6’2″ and Martinez is (supposedly) 5’8″. The only way Aubry could get such heavy bruising and cutting on his upper face/forehead is if he was on the ground first. I think Martinez straight up attacked Aubry.
Definitely Team Gabriel here. The squinty eyed dude has no place in the relationship between Gabriel and Halle. They own that, and he should not have gotten involved. Period.
The disapproving face behind Olivier and Halle (in the 1st pic of them) shows how I feel about this whole hot mess. Just because Halle grew up with a shitty life does not mean she needs to make it that way for her daughter.
I’ll give Berry credit only for – in spite of herself -, for having found the one decent father for her child. The rest of Berry has rotted and whatever good she had is within Nahla now. Berry has to fold to that realization that there are no more 12 steps, no more second chances, no more loopholes to be able to redeem herself. She should let go and let Nahla go be loved by a caring father who unlike Berry, would still not cut the other parent out. Humility is the key now. I can’t fathom the next step if Berry escalates this yet again. What’s after violence?
a hitman!!!
Gabriel doesn’t have any hand injuries, and Olivier has a broken hand, some people were saying this originally too that when looking at the injuries, Gabe was beaten, and not the instigator.
Olivier also has a history of violence.
There will be no tapes, of that Halle and her team will make sure of.
I can’t even think how horrible Nahlas situation is now, with a psycho violent step dad who beat her dad to a pulp, and a narcissist mother who doesn’t care about anyone but herself.
Where’s a snow globe when you need one?!
I know…I thought that, too.
No tapes coming from Halle-but I wonder if there are tapes from someone else in the neighborhood? That kind of area-I can bet every house has survelience systems. I hope law enforcement is checking everywhere!
I’ve always been Team GA-because I think Halle is nuttier than a squirrel turd.
But I would most definitely change my tune if I thought half a second he could be violent around his daughter. I do NOT believe it-and it has nothing to do with his looks.
What guilty party is BEGGING the cops to check the security tapes? Ones that are NOT guilty!
“I’ve always been Team GA-because I think Halle is nuttier than a squirrel turd.”
LOL! I know I shouldn’t be laughing now, but that expression is hilarious.
Oh, and you’re absolutely right about those who request surveillance footage being the probably NOT guilty ones.
At the moment everything points out to the fact that Aubry didn’t even start the fight. If that’s true, Halle should lose her custody rights. Seriously.
Lookit, Gabe took a beatdown…no other way to put it. I think this was planned by Olivier & Halle….that’s just me….the way I feel down to my bones about this.
No, I don’t think Gabriel is w/out fault, but he’s the more damaged party here. I do believe Olivier went out to meet Gabriel…I do. And there’s no sense in that, any way you slice it.
It was an already highly-charged situation, & for Olivier to get Nahla on the hand-off? I don’t think so!
I think Olivier & Halle are complete idiots for doing this. And where’s that tape? If they planned this, the cameras were probably off.
Yes, it’s a mess. I just hope Gabriel emerges victorious…although I don’t really see any clear winners in the outcome of this.
Nahla needs a court-appointed ad litum representative, STAT.
I don’t doubt that Gabriel loves her; I don’t doubt that Halle wants to take her little “prize” and move to France with Olivier (a piece of shit in his own right) and do the Naa-Naa dance at Gabriel while denying him a relationship with his daughter; I don’t doubt that Olivier is a violent man, and Halle will be spreading it hither and yon upon the inevitable implosion of their relationship.
What I DO doubt is that any of the adults in play in this melee are TRULY thinking of Nahla and putting HER needs and wants FIRST. (Hence the need for an ad litum for Nahla.)
And people like that should NEVER have children.
eta: Olivier is the one with offensive wounds to his hands and nary a scratch on his face; Gabriel looks frightful. I can totally see Olivier complaining about how much money Halle’s failed “move Nahla to France” bid cost, as neither of their careers seem very “hot” right now. So yeah, I can see him taking it out physically on Gabriel. I can also see Halle & Olivier planning something like this. I mean, look at everything else she’s done thus far.
I would go one step further – its starting to look like she should lose custody.
I was coming on to say EXACTLY the same thing.
If he beats this case, his next move should be suing for full custody.
@ Bellaluna and Sarah:
Agree with you both. And before anyone says Nahla needs her mother…are you sure? As far as I can see, Halle Berry’s personality is toxic. This woman needs some serious psychiatric therapy.
Eve – Some mothers don’t deserve to be needed. (This is coming from someone with a WONDERFUL mother, but I know a few who were most definitely toxic and had to be cut out of their children’s lives like a cancerous growth.)
@ Bellaluna:
I know, and I agree with you.
+1 to all of you.
I thought it was quite suspicious from the start when people were defending Olivier saying “He attacked in self defense, it’s fine”. And it would be. But he did not match any force Gab gave- he exceeded it by a lot. He has some rage issues, I think. And that’s not good for that little girl to be around.
Eve-ITA with you.
My mother is so unstable and toxic-I prayed my dad would come take me from her. But he was scared of her too.
Now-at 38 (in 3 days 😉 I have no relationship with her and never will. She is forever bitter, angry and will be a victim at any cost-and I mean ANY. When I begged her to get counseling or talk to her pastor-she got so angry she sent emails to everyone in our family saying she’s worried for my kids and that I’m brain damaged. Some mothers absolutely do NOT deserve pity.
I have a wonderful stepmother who has tried to be there for me-and she is fabulous…but I can’t even call her mom because that word leaves a bad taste in my mouth.
Growing up with a psychotic mother is the worst. My mom was like that, it just screws you up fundamentally. I think for Nahla it would be the best to grow up living with her dad.
@TOB
Preach!This is starting to remind me of Kelly Rutherford’s case and if Gabriel in fact is deported the whole thing may backfire on Halle.
Bella, can I ask why a Guardian ad Litem and her own state-funded legal representative wasn’t appointed for Nahla quite some time ago? In the UK, where a contact/residence dispute is this toxic, that would have been ordered a while back. It’s so obvious that her needs should be protected independently.
Kate, honestly, I don’t know. I think Nahla had a court-appointed rep at some point during this never-ending melee, but I don’t think she’s ever had a Guardian ad Litem.
She needs one. Badly.
minors counsel
I feel so bad for Nahla. Why can’t these adults get it together & do what’s best for her? I know that people say that Gabriel has a temper & is violent…but looking at those pictures of his face, I’m pretty sure Olivier just proved that he is too.
I agree Kaiser, Halle will be saying the same things about Olivier when this relationship ends. What a mess.
How come every guy that Halle’s been with is violent? She seek that stuff out or just incite fury to the point where they become that way?
I think it’s weird to say that “these adults should do the right thing, get it together” etc.
Halle is obviously a very ill woman mentally, and Gabriel is fighting for his daughter, what should he do? Let Halle push him out like she wants to, that would be the “adult and right” thing for him to do?
I think they mean that the adults should look out for the best interests for nahla. They’re so busy fighting and hating each other that they’re not looking out for her well being.
I agree with you. By saying “the right thing” or “what is best for Nahla” it almost seems like Gabriel should just walk away so there’s less drama in her life. Then she’d have a calmer life, but no father. Is that better?
No. They should share custody. Halle should quit trying to cut Nahla’s father out of her life.
i actually think the ‘right thing’ would be for Gabriel to raise Nahla if only because Halle lives a life full of turbulence as far as her relationships go and that can be exhausting and stressful to live with.
If you think about it, all her exes have been abusive and violent, according to her [just you wait Olivier!] and yet before and after Halle, no such behaviour is reported of the very same men by their subsequent partners. One abusive man is bad enough but ALL of them?? This isn’t some poor desperate woman with no choices.
Jury says she is the type of woman who incites the men in her life to turn into the rage monsters that are subsequently abusive to her because this is the life she grew up with.
i know a woman who grew up like this and subsequently pushed any man in her life into being abusive because and i quote,’how else would they show their love for me?’
She really didn’t know any better nor was she self aware enough to see the pattern we all saw and complained all the time about the ‘abusive’ men in her life.
@ LAK The accusation that a woman can turn a man into a “rage monster” is a load of twaddle. I cant believe no one has called you out on this. I hope they just didn’t think it was worth the effort or are only skim reading the comments (as I was until I saw this).
Either shes lying about the violence or shes seeking out certain types of men. I think its the latter. This French guy certainly seems like a typical neanderthal and Gabriel does have a sketchy history pre-Halle by the way. Whatever the case, you do not get away with stating debunked and archaic myths as though they were fact!
@Cornfield – I happen to have known women like that. So these things ARE facts in my life. I took the necessary steps to remove the offending people from my life because i don’t need that kind of drama in my life.
Some people seek out those types of partners or they work with what they have to achieve the same result. both examples i have seen. And i am not restricting my observation to women alone because men can be just as manipulative.
As for Gabriel having a sketchy history pre-Halle. That may be true, but we are working with accusations made by Halle and investigated by the CPS and police during his time with Halle and what do you know? None were found to be true. And Halle accuses every single one of her exes with the same. my point as i have repeatedly made it over and over again but from which you only agree to the 2nd part is that she either turns the men that way or she seeks them out.
So who is the more believeable in this scenerio?
so the cameras have recently been repositioned? are you kidding me?? im no lawyer but doesnt that mean its word against word? i mean if the “witnesses” were halles friends/family surely they dont count?
and im sorry but that face does not scream “beaten up in self-defense”, it screams “i effin hate you, take that you a-hole!”
halle might think shes winning here but truth is, that little girl is going to resent her when shes old enough to understand all of this.
And repositioned away from the main point of entry to the property, at that. It’s just completely implausible.
I think the easiest way to figure out whose story is true is to ask who has a motive? Gabriel just won a huge victory, and while he may have been verbally provoked into fighting, it makes more sense, in my opinion, to think that Olivier and Halle are pissed and they started the fight. Obviously, we aren’t privy to all the details of this mess, but the conspiracy theorist in me is wondering if this was a twisted way for Halle and Olivier to get what they want- full custody and permission to move Nahla to France. To me, it just seems logical to think that Halle and Olivier are they ones with the rage considering their recent loss in court. Furthermore, the pictures show Gabriel was brutally beaten. The only injury I’ve seen of Olivier’s was his hand and claims of neck pain… so either Gabriel is a complete wimp totally incapable of landing one serious punch or he was blindsided as he alleges. What a mess!
i’ll bite. except i will say that this was an opportunistic beat down rather than a cold blooded set up that Halle turned to her advantage especially of she thought she could pin it all on GA and get away with the child.
She must have been furious at losing. Again. And at $3M so far??!! raging. and that’s without factoring in having to finally hand over child support till Nahla is 18
So she’s raging and needling Olivier at how unfair it all is and how she can’t move to France which is HIS preferred place to live etc And winding each other up to fever pitch and then run into Gabriel. the smack talking begins. And the idjit doesn’t back down. a beatdown ensues. Cops arrive to find beaten down Gabriel. Police finding Gabriel on Halle’s property and possibly told of history of hostile relations accept Olivier’s citizen arrest and version of events. These people are actors.Easy enough to fool the police at that moment.
Unfortunately, Gabriel’s wounds are serious enough to warrant hospitalisation. Halle/ her lawyer swing into action to divert attention, and opportunistically grab Nahla. Olivier is despatched to hospital arriving later than Gabriel. An emergency protection order is issued under the guise of a ‘brawl’ started by Gabriel. Run to TMZ asap to tell Halle’s side, emphasis on Gabriel’s initiation of fight, call it a ‘brawl’ which implies equally fighting chance and acquisition of a protection order etc. Olivier nearly ruins it all by being papped at a liquor store at some ungodly hour the next day, so Halle is forced to do a photo op with Nahla. And in keeping with her version of events, gets Police escort to show how fearful she is of Gabriel.
All of this of course working in her favour because no one has heard or seen Gabriel’s side
Monday: The game changer. Everyone sees photos of Gabriel. the Photos BLOW a huge hole in the carefully constructed story that Halle’s team have put out. Even her mouthpiece TMZ can’t spin this one.
That’s what i speculate happened.
Brill, LAK. Truly amazing how you deconstructed the situation into a chain of events both internal and external, and I believe you are right on every point.
I think Aubrey was completely blindsided. It’s hard to believe the level of battering unless a man his size was surprised by it and didn’t have time to react and respond forcefully.
Many people here predicted that somehow the surveillance tapes would have a glitch. Halle Berry is a real thug. She gets away with murder because she’s rich and good looking and connected.
the biggest loser in all this is Nahla..who has 3 wackos who can’t get it together enough to give her a chance at a semi normal life
While I agree with you that the biggest loser (and most innocent victim, too, btw) is Nahla, I think it’s a bit facile to say unequivocally that the three adults are all “wackos”, Elisabeth. While I’m in no position to label any of them so absolutely as that, I do think that the evidence here and all other indications (including past behavior) points to the likelihood of Halle being mentally unwell (possibly borderline personality disorder); Olivier being a violent, hotheaded brute who should not be around any child; and Gabriel being a rather passive but decent guy who was not prepared to be in a custody battle as poisonous as this one, but who adores his kid and will fight for her as long as he has breath in his body. I hope he isn’t found at the bottom of a ravine or in a dark alley some night, because he is the single obstacle to two clearly very determined, egocentric, and and vindictive individuals getting their way.
If I had been guilty of starting a fight I wouldn’t be asking the cops to get the video surveillance, which Gabriel has been requesting. Halle and Oliver planned this, Gabe mentioned that usually a nanny comes out and takes Halle and this time Oliver came out to start trouble. I wonder how many times Halle has lied to the courts on all these fights and abusive things Gabe has apparently has said.
She spent years telling reputable media that he was the best father and human and then ran to gossip rags to talk about his alleged abuse and racism. Alleged bacause non of it could be proved, and when she did eventually make her accusations to a court, which prompted an investigation or two by the courts and the police into these allegations, it was all found to be baseless.
And according to latest court filing [his], the courts never made changes to 50/50 custody arangements throughout.
Is there anyone here with some real world insight into California law? The repositioning of the security cameras is total bullshit and a red flag if u ask me. So now, with basically photographic and physical evidence of injuries each party sustained, what can happen now?
*sigh*
I think Nahla should get a restraining order against all of them until things get back into order…
I think Nahla’s father is the only one who seems to care about her. Halle’s the one using Nahla as a pawn.
Agree. I used to feel so sorry for HB because of her awful history with men. But now, any sympathy I have is for Nahla and GA.
Shoot – sorry, Ms. Kay-Doo, I nicked your comment up top because i was too lazy to read through all the comments before I wrote. Ah well, like minds…
Those photos are BRUTAL. Olivier needs to be kept away from Nahla….
Also, Halle Berry is starting to look, um, stressed. Her once gorgeous face is turning into a bitchmask. It’s like she’s always frowning now.
At the very least, there needs to be a restraining order keeping Olivier Martinez away from Nahla. That seems obvious. Good lord.
Does anyone know if Halle and Gabriel were together during/after the pregnancy? When did they break up?
They were together for a little while after Nahla was born. I think they broke up in 2010.
She gushed about how great of a father he is.
Thanks Isa 🙂
they were together 4/5 years. broke up 2yrs after Nahla was born.
I have seen the pictures of Gabriel and the images are horrific. This is such a mess and I feel so sorry for Nahla. Poor girl.In a few years she’s going to go online and see these images of her father. It’s a hot mess. I don’t know what else to say.
This is sad…..and Im on team Halle and Nahla. I think gabe is nuts who started a fight he had no business starting .
What evidence says that? Oh thats right halle says thats what happened despite gabe not having any hand injuries consistent with inflicting a punch. Olivier hit hard and repeatedly and anyone with experience viewing injuries can see what happened to gabe is not self defence but proactive attack.
Apparently, there is no camera evidence to show who started the fight (how amazingly convenient for Olivier!), but if you look at the physical evidence, only one of them has injuries to his hand and shoulder, and that’s not Gabriel.
How come her CCTV security has a blind spot or can be re-positioned as NOT to include her driveway. She lives in fear of stalkers!!!!
@LAK – actually, my question about her security tapes would be: repositioned or not, do these cameras not have date/time stamps on the footage?
I think the “repositioned” is bull$hit, but if that’s the story they’re going with, then show the cops those tapes, with the repositioned view and date and time stamps so that we can see when the footage is from.
I’ll bet the repositioned view doesn’t exist, and the originals have already been erased.
Even if Gabe started that fight- look at the two men. Look at the damage that has been done. There’s not a mark on Olivier’s squinty little face. He far exceeded any force that Gabe gave. That’s scary. He clearly has a rage problem. If this was a self-defense situation, you’d think he’d have hit him back and called the cops, and gone back into the house with his fiancee and her daughter. But instead he beat Gabriel to a pulp.
You forget that they (Berry and Martinez) might have preemptively called the cops. Classic set up. Is there no way to get an accurate time record? The cameras were ‘repositioned’? What motivated a ridiculous thing like that? This whole things is rotten to the core.
@Beatrice – True. This whole thing is a mess. I feel so sorry for that little girl. Gabe might have some anger problems, but I do think he’s worked on them. I think that shows a lot about this situation. Has Halle ever worked on her issues? Because to me, it seems like she keeps doing the same things over and over.
Other cameras in the area should show when Aubrey’s car passed, which should give a fairly accurate ETA. That could be checked against the 911 call, perhaps, to provide a timeframe.
I mean this in all sincerity – why?
Everything (from every single decision in the custody case, to the photographs showing no offensive wounds on Aubry’s hands) would indicate he’s truthful whereas Berry is a liar.
Shouldn’t both non-citizens lose their visas over the fight? Why just one of them?
Generally speaking, it was my understanding that mild brushes with the law are frowned upon for foreigners, unless it’s a felony they are not going to deport you.
they should but only one of them has been arrested. apparently, an arrest for battery is enough to cancel a visa, regardless of whether youre gonna be convicted or not. so if the model is smart, hes gonna file his own charges against the french ex actor?
I think her latest stunt will backfire for Halle. Just look what happened to Kelly Rutherford, the judge ruled to give the father sole custody because she tried to cut him out of their children lives including (false?)allegations that he deals with arms which cost him his visa. Sounds pretty familiar to this case, just substitute arms dealer with racist, violent and abusive.
I was exaclty asking bout that few comments below, can you tell if she really did lose the custody because of that? Would really be interesting so.
I read that the judge called Rutherford out in court. He gave the father custody as Kelly has the resources to visit them and the dad, given his lack of visa and maybe money, could not. She was arguing about it, and the judge said basically she’s the one who got his visa revoked, and she’d just have to deal.
I think the only way to stop Berry from pulling these stunts is if (or when) a judge finally threatens to give Aubry sole custody of Nahla.
That’s it, a judge can do that, right? It is what was done in Kelly’s Case, wasn’t it? so… do it again. Don’t know how laws works in the USA and less in California, but in my country, judges usually consider previous sentences in similar cases.
@ Kat:
I’m not sure either (I live in Brazil), but I think a judge can do that. And I’m honestly surprised none has done that so far.
I bet my ass she’d be really humble and quiet, and would try to work things out with Aubry as soon as she heard she could lose custody.
If the fight was caught on tape, I believe it would give a lot of indication that she is, in the least, a manipulative liar. I hope they do a psychological evaluation on her and her non-violent boyfriend. *cough*
I really don’t think she would stop her craziness if she lost custody of Nahla. I think she would and she will go full force until the end. *Shiver* Protect yourself GA!
@ Miss M:
Didn’t you read it upthread? Apparently the cameras had been “repositioned”, so the fight wasn’t caught on tape. Convenient (for Berry and Martinez), isn’t it?
@Kat and @Eve, yep, judges can and usually do consider previous cases with similar fact patterns. Once there have been enough cases to establish a standard for dealing with facts that are similar in nature, it establishes “precedent.” The Rutherford case was high-profile and involved a Hollywood person, so yeah, I imagine that case will weigh in the decisions.
(Sorry, I swear I’m not meaning to lecture! I’m a lawyer, so sometimes the legalese gets the best of me…)
@ Izzy:
Don’t worry. I didn’t feel “lectured”. Any help to understand both Berry’s and Aubry’s cases is appreciated.
I’m a Law student myself but our (Brazilian) legal system is based on the Civil Law so…quite different from the one in the US.
@Eve: I did! See my answer to valleymiss about the Halle’s stalkers. They will have a great time now that cameras are not showing who arrives at her property… It was taking too long for this tape to surface, i knew they were coming with an excuse…
Yeah, me too. I knew they’d come up with an excuse.
I’m also a law student, that’s why i’m so interested in this story, theres laws everywhere… or lack of them… and didn’t feel lectured at all, actually apreciate your explanation. Thanx!
How close was Gabe for Oli to jump off the steps to get him.. He said he was getting in his car them Oli flew off the stairs ok that part I’m trying to picture cause on national tv HB home was shown where the fight took place and the news show the steps isnt that close for Oli to fly off he steps to get to his car to beat him…can someone explain this piece to me please???
Those pics, I don’t wish that on anyone…. As for the deposition well that could go either way…
1. The police took a statement on scene
2. Took a statement from Gabe at he hospital
3. Took another statement at the police station
If they did it that way why didn’t be tell them that during any of this times depending which scenario they did…
This really sad because Nahla is the middle of the crossfire…
I’m team Nahla only..
He may have been unconscious as was reported here and on tmz and radar.
As in beaten unconscious. It is hard to give a statement like that. Lines right up with Gabe’s side of the story though. The above story is so much more plausible than the winning side throwing punches for no reason other than “it is time to move on” two weeks after they lost in court. Who would have been pissed and bitter with a fight to pick and an axe to grind?
Tiff…the details to me at this point don’t matter. The two kooky whackjob sociopaths set Gabe up on this one. PERIOD and the police didn’t do a very good job (what else is new) by not taking Martinez in as well.
Whatever Gabe has to do or say at this point I am behind him. Halle needs to be stopped from ruining Nahla’s life anymore then she already has.
I’ve been concussed before, and my face was nowhere near as swollen as Gabriel’s. I would not be at all surprised if he lost consciousness.
Oy. I’ve had two minor concussions in my time. One just a few months ago. I didn’t end up at the hospital (it’d have been a 10+ hour wait likely- thank you Canada health care) but would have gone if I had lost consciousness, or symptoms had gotten worse. The scary thing about head injuries like that is just how disoriented you can get. Mine was mild, and I was able to think and coordinate and things of that nature, but it was not a fun time. And all I did was smash the back of my head while standing up after bending over to pick up something, on a cupboard door.
I can’t imagine having the head injuries Gabe has, and trying to think straight.
@Simply Red He flew off the steps could just be Gabe’s way of saying that he moved very quickly. Just like somebody saying “he flew accross the street or he flew accross the yard. It’s just an expression that some people use for a person moving very swiftly. I hope that explains it for you.
He didn’t say he was getting IN his car, I think GA said he was walking to his car ‘to close his door’. From that I read he wasn’t expecting to stay and left his door open. When Martinez said they needed to talk he went to close his car door in the expectation of staying for a conversation. He got a very one sided “conversation”.
Such beautiful people so batshit crazy. For shame.
The truth is usually somewhere in the middle. Why didn’t he tell his side when arrested? But I don’t doubt Olivier was an instigator at some point. Halle is in another loser relationship.
He had a concussion at the time. I imagine it’s pretty difficult to articulate your side of the story with head trauma.
As noted when you look at Gabriel’s face he looks to be the one that was assaulted. Why was Olivier not arrested. Why is Halle not concerned to be with a man that could be “provoked” to that extreme; considering she talks so much of her abusive past as well as the fact that she works with an Abuse organization. It is very obvious from the pictures that Olivier’s injuries came from him beating Gabriel. He has no visible injuries at all. And to me the fact that he allowed himself to go that far is a scary thing and Halle should be concerned. My question is would Gabriel be able as a parent to issue some kind of order to limit Olivier’s contact with Nahla..
This is just a bunch of mess all around.
This is what I am thinking as well.
why is Halle not concerned that her fiance beat the crap out of someone? It’s not cool, it’s not ok, it’s not “he defended me and my daughter!!”.
It’s all wrong- you don’t go around beating people up, even if provoked.
I would have to really wonder who I was with if my husband beat someone up- we are adults, you walk away. It’s not an option, you just walk away and calm the heck down.
I feel so sad for that child.
I know, right? If my husband behaved that way towards an ex of mine, even one that I was upset with, I would freak the eff out. I can’t imagine living with someone who beat someone that badly when no one’s life had been endangered.
I did have a concussion one time, from an ice skating accident, that resulted in a black eye which looked much like the one swollen shut in the photo’s from Aubry’s filing. And based on that experience, I can totally believe he wasn’t fully coherent when the cops showed up at Berry’s house.
Last weekend I saw in Perez Hilton, yes, i check it sometimes… shame on me, that Kelly Rutherford lost her kids custody and now she has to travel to France (what the hell is going on with custody battles and this country?)to see them because their dad lives there. It sounded weird, but what i read somewhere else, maybe even here, is that she lost the custody because of her many attempts to delete the father from her kids life. I mean, that can happen? And if it is so, why isn’t that an option, or at least a threat for Halle in this case?
Kelly lost custody because she threw all manner of accusations at the kids’ dad, including that he was an international arms/drug dealer, which resulted in him being deported. Since he couldn’t remain in the US, or even travel here to see the children, the judge ruled in his favor regarding physical custody. (She also refused to follow the judge’s orders regarding visitation and adding her daughter’s father’s name to the birth certificate.)
Her ex’s parents live in Monaco, so he and the children now reside with them, and she has to fly to see her children there once or twice a month (I believe).
The BIG difference is that Kelly’s case was heard in NY, not CA, and we all know how ducked-with-an-f the CA legal system is, don’t we?
YEEEES , REMEMBER 4 POLICE SCORTS …, LIKE THE PRESIDENT…,RIDICULOUS
i do remember a god movie about
L. A. CONFIDENCIAL
Thanx for explainin Bellaluna, and yes, California is kind of… lawless if you are celeb… ask LiLo about it…
I feel sooo sorry for Nahla when she gets older she will be seeing and reading all this on the Internet…. Geesh this girl will not be happy when she reads this
Again the cops got star struck and did not arrest the right people. Martinez should have been cuffed immediately along with Gabe. Berry and anyone who works for her should NOT be trusted to be truth tellers as they have all lied before. And after seeing the pictures of Gabe I think Martinez should be charged with attempted murder and let him prove otherwise. What is wrong with Berry? How sick is she that she will condone this just to get her way. We all know within 3-5 years after all this fun dies down she and Martinez will split too. That is just her m.o and everyone knows it. Doesn’t anyone care that the kid here is the one to suffer thanks to wacked out mother and her brutish boyfriend? I guess not.
So let’s review
Martinez is
-a trained boxer, not a grappler
-free of injuries except for hand injuries
-claims that Aubry was on top of him
-claims he ‘cold-clocked’ Aubry from the ground (where there was no opportunity for power from torso rotation)
Aubry is
-taller and has more reach
-claims he was attacked and his face was bashed on the ground
-has extensive facial injuries and a broken rib (iirc)
-has gravel marks(!!) on his forehead and nose (that forehead mark doesn’t have swelling from a hit and doesn’t look like a pressure split)
-has head trauma (concussion)
Oh yes and don’t forget the ‘repositioned’ cameras. Because who wants full coverage of the driveway when they have a history of being concerned about stalkers???
Aubry is ok looking I guess but not really my type. Its the lack of correlation between the injuries and the physics of it all that I find bizarre.
Brilliant summation! I concur totally.
You can’t get that much force from the bottom. Olivier was on top delivering an ugly beat down.
Ugh, so graphic. But thanks, that’s some good analysis. Hope that kind of attention was paid by the attending at the hospital and the police.
Yeah you’re right, I started taking boxing /self defense lessons recently and if Martinez claims he was knocked to the ground and hit Aubrey from there, there’s no way he could have gained enough momentum from his torso to deliver that kind of damage from that position. His right hand looks bigger than his left on that TMZ pic clearly he was throwing his right a lot, which is a really powerful shot if you’re in the right position to get your body behind the punch.
You are right about using his right more. Note the vastly bigger left black eye and facial swelling on Aubry.
A trained fighter could do that type of damage from the ground (though I don’t believe Berry’s side of the story at all). Check out an old UFC fight between Diego Sanchez and Clay Guida. Sanchez beats the hell out of Guida while on his back, with Guida above him.
Again, not saying there’s any truth to what Berry and Martinez claim happened. Just that it’s not impossible for someone who knows how to fight.
@Samantha
I get your point re: UFC but UFC fighters are trained for both standing and grappling(floor) techniques
Martinez is a boxer, not MMA which would make him less skilled at such a response. The amount of trauma on the one side of Aubry’s face still says that Martinez was either on his feet or above Aubry. Just my opinion
Pretty nice summary. If the police were to follow the physical evidence here it would have been Martinez charged along with Gabriel. With Gabriel’s charges dropped shortly after.
Leigh, you know your stuff!
The photo where Gabriel is looking into the camera . . . you can see his left ear but not his right. I hope I’ve got right and left correct as I’m typing without looking at the photo. Is his head so swollen you can’t see his ear???
Its actually the other way around but yes. Martinez’ right is Aubry’s left if face to face.
I’m not surprised Aubry is concussed, that much swelling in the area of his temple is concerning.
I just realized we were talking about the same sides, you talking from Aubry’s perspective and I was talking from the photo perspective.
Sorry ’bout that
I think you meant vastly bigger right eye? if Martinez swung his right/cross power shot it would likely hit Aubrey’s right, and facing us in that picture his right looks horrible.
Sooo, all you Halle Berry stalkers, get over to her place, STAT. I mean, you’ve got fully access, unsurveilled, to her motor court/driveway…ya know, considering how the cameras were “repositioned” and all.
This whole situation stinks to high heavens…and I wonder if TMZ is slowly going over to Gabe’s side? Their commenters are overwhelmingly anti-Halle and pro-Gabe. Maybe Harvey Levin will see the light.
LOL Valley, good point! Her stalkers can fully stalk her now.
I knew this tape would not surface…She is insufferable, isn’t she?
I wrote about Harvey and tmz before I saw your comment.
That poor girl. Shame on the adults for making a bad situation (the break up of her parents) soooooo much worse. And especially shame on Halle. Yep, I’m being judgmental.
With every horrific incident I become more Team Gabe. He NEEDS to fight back (not physically, of course) and protect his daughter and his own rights pertaining to Nahla. Halle is a crazy, selfish witch.
I don’t understand why people keep saying all 3 need to get their shit together for Nahla because no one is thinking of her. What has Gabe done to warrant that accusation? I think he’s the only one thinking of his daughter while Halle is treating Nahla like a doll he can’t have. He’s done EVERYTHING the courts asked of him which was most likely to appease the mother as Family Law always seems to favor mom first. All he wants is to be a part of Nahla’s life but Halle keeps trying to stop him for her own best interests, not Nahla’s. His career is his face, why would he fight to ruin his chances at getting work when Lord knows he could use the money to fight for Nahla in court. How disgusting that one day Nahla will see this battered pic of her father, I could only imagine what she’ll think of her mother, knowing it was mommy’s boyfriend that did the damage. Sick.
+++ This.
Right!? I’m in the middle of a divorce and we are working out our child custody agreement. I’ve been offered 2 jobs our of the state and I desperately need the money-but I’d NEVER take my kids from their father. He’s being an ass and doesn’t want to pay the amount he should for child support, but if I were to play dirty or take them from him, the only ones losing are my kids.
Right now him and I are NOT in a good place-but we have a rule that no matter what goes down between us we hug goodbye in front of the kids during pick ups and will spend at least two hours together with the kids at the holidays.
He was with us trick or treating and he will be there Christmas Morning to see them open their gifts. Kids should never feel like our sh!t is more important and can’t be put aside so parents have the option of being there for every important moment.
Halle needs to pull her head out of her ass and be thankful her daughters father would go through hell and back just to see her.
These are great rules, eileen! It’s probably not always easy to follow them. Kudos for trying to maintain some respect.
Wow, Eileen, that’s amazing. Good for you. A parent putting her children first. What a concept.
Been there Eileen, and yes, there were times when it was tough, but you know what – knowing you’re doing the right thing makes it bearable. Also, seeing your kids really happy when their dad turns up to a sports event or a school concert. I partiuclarly didn’t want my boys to have the role model of an absentee father, because I don’t want them to play that role if in the future they have relationships themselves that don’t work out.
Kids don’t ask to be born into the families they get. But we owe them – where possible – a family even if it’s not the traditional one.
EXCEPT when there is a safety issue.
At this point, I would say Nahla is safer and has a better chance of a normal life with her dad.
Apart from all this violence and craziness, she is just going to be a mess having to grow up with a mother who clearly HATES her father and is going to make her choose between them all the time, even on a subconscious level.
I
It sometimes seems as if Olivier enjoys this drama with Gabriel and wants more than anything to “win”. Halle was already engaged in all the legal fighting with Gabriel before Olivier came along. If Olivier didn’t like the drama he would have walked away in the beginning. Halle should be wondering if Olivier continues to date her more out of desire to see Gabriel lose the court battle than out of love for her.
Before he hooked up with Halle he was just that guy who got his head bashed in in “Unfaithful”. Now he is know all over the world as the fiance who bashed in Gabe’s head!
Where’s Richard Gere when you need him?
Now I suddenly remembered that silly new about an ambulance in the court house during the trial, back in the summer… maybe Saint Oli went nuts…
Halle is making Joan Crawford look like Mother of the Century. I can’t believe she is so dead set on getting rid of this guy. I wouldn’t be surprised if she hired some goons to further harass him. The fact that he’s not throwing his hands in the air and saying screw it shows how much he cares for Nahla.
I wish Revlon would dump her.
Gabriel is a man fighting hard to be in his girl’s life,, that i respect… he could have just let it go, and got away with less stress and problems, but he chose to stay with his daughter and fight to see her.. Halle is obviously crazy and Olivier is a nut case violent thug.. they belong together…
Agree completely with all the Team Gabe comments. I think it’s noteworthy too that in most pap shots of Nahla with her parents when she is with Dad she is cuddled up in his arms with her little hands wrapped around his neck. Clearly this is a child that LOVES her Daddy very much. When she’s with Halle she’s usually walking beside her and holding her hand. Not that there is anything wrong with that but there is a definite difference in body language.
Well, I ma totally on Team Gabe here, but I want to be fair. Gabriel Aubry is a tall, muscular man while Halle Berry is a small, thin woman. How old is Nahla, four? five? 40-45 pounds? My boy is that size and I find it hard to pick him up and carry him around these days (I’m a short woman).
I agree, it’s hard to make judgement calls on how Nahla feels about Halle based on pictures alone — it could be difficult for Halle to carry her. However, Nahla certainly looks comfortable with her father based on body language in pap pics.
This whole mess just makes me rage, and I usually don’t get emotionally involved with celeb fights/messes. I think it’s because I’ve worked with kids from broken homes in the past, and it just kills me that here is an obviously loving father who wants to be there for his daughter, but is being blocked and thwarted at every turn by the girl’s mother. It’s so, so wrong.
I would not be surprised if Halle and Olivier planned the whole thing to get Gabe deported, or at the very least torpedo custody. It’s no coincidence that this happens just now, after they lost their plea to take Nahla to France. As others have pointed out, Gabe was winning — why would he ruin that at this point? And despite what Halle says, there is no proof that he is some violent, out-of-control person who can’t help explode with rage — so it really doesn’t make sense.
Urgh. I really hope justice prevails in L.A. (not the usual, Lohan-style L.A. court justice).
I’m really confused…someone can beat someone up in their driveway and then arrest them? Without any kind of evidence? So if my neighbor comes over I can punch her, arrest her, file a restraining order and possibly get her deported, all on account of my saying she provoked me? This doesn’t even make sense.
Just don’t forget to “reposition” your security cams first. 😉
😉
As stated previously, the “citizen’s arrest” is tabloid BS-like “pressing charges”.
Hey in some states you can argue with someone, tell the 911 operator you’re in fear for your life, shoot them dead and then claim that you were ‘standing your ground’ in self-defence, hey presto no murder rap for me!
Is it too dramatic to be thankful that Cali isn’t one of those states otherwise Aubry might be dead instead of just physically traumatised?
Here is the deal that was told to my boyfriend by the court ordered domestic violence class. The person who calls the police first usually doesn’t go to jail. The teacher hated women and my boyfriend came out of that class more violent and sneaky. Halle has obviously been told this bit of advice.
Sometimes the police take away the victim to save from future issues blowing up again. But if both people have wounds, both are supposed to go, even if those wounds are scratches. The police took me, even though I didn’t hit my boyfirend once, but he had scratches from trying to deflect his attacks. It isn’t fair and it made my boyfriend more dangerous as he saw that he could manipulate the system. Frankly, I doubt that Aubry landed even one punch with the beat down he got, and I doubt he was able to put up much of a defense. Martinez would have had at least a scratch on him from trying to deflect it. My nails were as long as Aubry’s, in other words, short, and deflecting punches does cause sratches on the abuser.
The fact that Halle is more famous and makes the tax payments that pay the cop’s salaries also seems to be taken into account. As well as the self-defense event taking place at her house rather than his.
It is a weird set up but that’s how it was laid out and exactly how it played out.
However, self-defense only goes so far. The person claiming self-defense can only take it to the level that is being dished out. The beat down that Martinez gave Aubry isn’t on the same level that he received. So Martinez should be in trouble for that attack especially since he is a trained boxer. I assume that in civil court he would also be require to compensate Aubry for lost wages.
Martinez will live to regret that attack. Especially since money going to Aubry seems to be one of his buttons.
Professional boxing matches often don’t have the type of damage that Aubry sustained. They would have stopped the fight.
And even if Aubry pushed or hit Martinez first, as a trained boxer, and a citizen, self-defense doesn’t permit anyone to overly abuse an aggressor.
>>Martinez will live to regret that attack. Especially since money going to Aubry seems to be one of his buttons.<<
Actually, the money is going to attorneys. Attorneys to fight for custody of his daughter. That's what bugs me here. Aubry is just trying to stay in his daughter's life!
True, that money was going to attorneys and I suspect Aubry was reimbursed for any past payments in order to retain lawyers in the first place. Quality attorneys usually require a large retainer, up front.
And without a doubt, the next round of attorneys will also be reimbursed by Berry in these current criminal and future civil court actions, as well as, more payments towards the family law attorneys.
But Aubry will definitely be payed for lost wages, damages to his face, and probably plastic surgery as well.
Sorry, if that part was vague, but it still seems to be a button of Martinez’s that Aubry “cost them” for daring to fight for Nahla. And my point was, this time, it will definitely “cost them” damages towards Aubry. However, truth doesn’t seem to matter with Berry and Martinez, so I agree with your post, but it was Martinez’s failing.
Who knows maybe they deluded themselves that the courts would make Aubry pay the attorney’s fees when they were allowed to jet off to France? There is something clearly missing with their thought processes.
I hope that Gabriel gets a restraing order keeping Ollie away from Nahla.
That kid is not safe around Martinez and his lethal weapon hands.
I work at a law office, so everyone was talking about this the other day and basically this is what came out:
The wounds on Gabriel are enough to dismiss in court that he isn’t the attacker because there is lack of evidence (no tape, Halle doesn’t count as witness etc).
If Gabriel comes in front of the same judge (which it’s likely he will), it’ll benefit him more seeing that he already ruled against the France move
If the restraining order against. Olivier is put through, he will have to stay away not only from Gabriel but from Nahla, seeing what he did to Gabe.
And, if Gabriel gets deported (unlikely) she will HAVE to stay within reach until court is settled, and if she doesn’t, the child can be taken out of her custody.
This isn’t 100% obviously, just what my coworkers were saying because they’ve dealt with these situations before. Also, either way, this is seriously going to blow up for Halle.
Thanks Dani!
I agree with your analysis but are you practicing law in California? In any other state Gabriel and the physical evidence would indite Martinez. But in California you can get away with murder. Especially if you are a movie star. Or a pro athlete.
Jaxx – unfortunately no, I’m in freezing and rainy NYC. It really is the same thing across the country but when it comes to LA, I guess you’re right. And possibly Florida too.
Let’s hope so.
You pegged that right. Sme as in MI, WI, IL and OH. what’s with CA, anyway?
I am licensed in CA and the only thing that I can say with 99% certainty is that with respect to the family court issues the judge will be the same. Other than that–we don’t have the information that will be presented to the judge so we can’t predict the ruling.
I can say the judge presiding over this case has been on the bench for a long time, has seen everything and has a solid reputation.
BTW, it is sunny but cold (65)here in SoCal
This is a minor detail and it’s from Gabriel’s comments – but supposedly when Olivier was beating on him, he told Gabriel that the cops were on their way… Ok, how did Olivier know that DURING the fight? That seems incredibly suspicious. Either this was some sort of set-up and that’s how he knew the cops were on their way or it was caught on a live security camera (do people have those at their house??).
There is also an article in the New York Daily News that says before he dropped her off, Nahla told Gabriel she was scared of Olivier. I don’t know what to believe about that because it’s the first time I’ve heard that angle, but from what we’ve seen, he does have a scary side to him.
Hopefully CPS will ask Nahla about that and find out if she truly is frightened of him. It wouldn’t be surprising. The man obviously has a temper and impulse control problems.
Does this look familiar? Of course the paps are a plague but Martinez’s approach seems to be pretty much the same by the time he gets angry:
http://ca.eonline.com/news/214412/halle-berry-s-guy-olivier-martinez-backs-into-paparazzi-trouble
Here’s another one:
http://icydk.com/2010/12/03/olivier-martinezs-paparazzi-fight/
The last 4 pics are interesting.
A man being able to beat the hell out of the father of the little girl he’s living with is a ticking time bomb. He could have killed him! How would HB stop him in a worst case scenario?
Oh, and I think is was all set up to get Gabe out of the country and out of the way. Bah.
Definitely Team Gabriel!
Aubry needs to bring these incidents up in court.
Is California law completely corrupt? Can someone please tell me why GABRIEL was arrested for assault when his face is beat in but Oliver doesn’t have a mark on him?
And even if Gabriel threw the first punch (which I don’t believe) or even pushed him, was that any reason to hit him so many times that both eyes are black?
This whole thing horrifies me. The story that Oliver beat his face against the driveway is sure backed up from the look of Gabriel’s face. And yet nothing whatsoever has happened to Oliver? Why isn’t HE in jail?
California must be corrupt right down to the roots. Sickening. You can literally get away with murder out there. Criminal’s paradise.
CA court system (& law enforcement) is definitely messed-up. Any time you’ve got weed smokers filling up the jails on Third Strike laws and are therefore releasing violent offenders (over-crowding; budget cuts; etc…) back into society, it should be a GIANT RED FLAG that something is SERIOUSLY wrong here!
I don’t get that either. In any other state, both men would be arrested.
If this had happened between a man and woman (DV situation), BOTH parties would have been arrested until the police could sort out what happened.
How does that grab you?
on TMZ live they said that Halle’s sources told them that Olivier claimed a citizens arrest and Gabriel’s side told them that Gabriel couldn’t claim anything in response, because he was beat unconscious
So, he beat him unconscious? I can’t believe it. What a pig. And what a shame for Nahla when she will see the photos of her dad one time.
^^Yes! I read this elsewhere as well. Gabe’s “arrest” was actually a citizens “arrest” by Martinez. Not a police arrest at all. The police are still investigating.
From what I heard, Olivier made a citizens arrest. The cops had no choice but to arrest Gabriel because they only had Oli’s word for what happened. Gabriel was unconscious & transported to the hospital.
Gabe knew what type of woman he hooked up that alone makes me wonder about him…
Nobody is ever entirely innocent in any situation…
To me it just seems soo messed up how this road is going…
U sure Gabe isn’t trying to get full sole custody as well from HB… This could be his plan…
I’m not Team GA, HB or Oli…
I’m On Nahla team that little girls face says it all.. It’s ironic the paps were at her school hounding HB right in front of the child….
By the way
Professional boxer or not I would of cause some kind of damage on that man… I wouldn’t let his ass just be on top of me just punching the day lights….
Whjat was Gabe supposed to know? This only got ugly after their breakup and after Nahla’s birth. I’m sure there might have been signs if Gabe looked hard enough but there has to be reason for that.
Loma,
Oh I’m sure there was signs. Knowing him he probably ignored it…
I mean the woman maybe beautiful but u can tell something is off with her…
If we can see it how come he couldn’t??
Choose your partners wisely, most importantly choose who you to choose to have a child with
I don’t think Gabe knew Halle was a monster when he hooked up with her. I always liked her and sympathized with her in her AlWAYS a victim interviews and hated the men who treated her bad but at some point it all changed and I started realizing she was a manipulative, machinating, conniving witch.
Simply Red: You don’t know what Gabriel thinks or how he processes information. You don’t know what he knew about Halle and you don’t know that ‘knowing him, he probably ignored them (the signs)’.
Simply put, you know nothing.
No one is *ever* entirely innocent? So, when my ex-husband tried to choke me with a phone cord one night for coming home from work late (I was five minutes later than usual), that was partially my fault?
BULL.SHIT.
themummy: I’m sorry that happened to you and I’m glad he’s your ‘ex’. Violence is never the answer but a lot of extremely ignorant people seem to think differently.
OMG I just saw the pics of GA-it looks like he was jumped! If law enforcement doesn’t put the clues together and injury analysis-I say juudging from the comments above, we should form our own team and head west!
And seirously: how AWFUL is it for poor Nalah had to see her dad get the sh!t beat out of him!!?? She probably has nightmares thinking about what happened to him while Oliver was hammering on him and now she can’t see him and make sure he’s ok? So fricking wrong!
^^THIS!!
Interestingly here I saw news footage of Halle Berry telling photographers to “be quiet” as she had a child here who ‘didn’t know anything’ about what’s gone on.
This makes me think that Nahla was not a witness to this incident and she may not even be aware her dad’s been injured. I can just imagine how Halle might explain his absence.
I don’t know everything about the law, but could someone explain to me why Olivier wasn’t arrested along with Gabriel??? I thought if 2 people were in a violent fight, that both were automatically arrested, not that the police would take one persons word about what happened? I know Olivier did the whole citizen arrest thing but shouldn’t the police have been the ones making the arrests?? especially with how beat up one of the people were?
It’s all so sketchy to me
Speculatively, using HB and OM’s immediate moves after the fact as a guide, i would say that as the other side couldn’t contradict their statement, being concussed and all, they could have brought up the previous hostile relations history and as Gabriel was on Halle’s property, make it sound believeable. they are actors afterall.
It’s making less and less sense that Martinez was not arrested also. So correspondingly what makes more sense is that Aubry was not in a position to also make accusations.
Note to self, next time I get in street brawl, claim a citizen’s arrest, seems to work like a charm.
That’s one area where I think Gabriel is screwed — He’s up against two actors! Halle & Olivier can pull all their acting tricks out of the bag and lie and deceive and charm their way out of this entire mess. Just like they’ve already been doing.
And I don’t think the police could have arrested Gabriel if he was knocked out. There was a nanny case in NY recently (nanny stabbed to death two children and stabbed herself as well). She was lying (laying?) in the hospital unconscious for a few days and the police couldn’t do a thing (even with overwhelming evidence) until they actually spoke to her. After interviewing her they made the arrest.
The only reason Gabe was arrested was because Oliver made a citizens arrested…
Now that the truth is coming out him and Hit N Run Halle are looking dirtier by the minute.
Oliver has no right to approach Gabe, he isn’t Nahla’s dad and He will be gone before long….
I know Hit N Run Halle was not going away quietly after she lost that case, but the law needs to do something with Oliver and Halle…both are evil.
Gabe isn’t perfect, but all he wants is to see his kid.
If I were GA, I would charge Oliver with attempted murder and file for sole custody of that baby girl. What psychopaths those two are (H&O).
I believe that Aubry was attacked and threatened. He had no motive to attack Martinez and no injuries to his hands to support the claim he attacked first – in fact, there’s no evidence to suggest he got even one blow in. How convenient that the cameras had been repositioned, non? I am completely convinced this was a set up – Berry could not handle the court’s recent decision to bar her from moving Nahla to France. Also why the hell was Martinez involved in Nahla’s drop off? Aubry said he usually only dealt with Berry’s nanny. Martinez is the one who should be deported and Berry should lose full custody of Nahla… what a pair of dirtbags.
How can people ignore the fact that Olivier approached Gabriel? That is the story OM and HB gave as well, I think. So that alone is threatening behavior. Why the heck has OM not been arrested is beyond me. The fact that the cameras were not capturing this is further proof this was a set up by HB’s team. I think the LAPD is being paid off too. They aren’t exactly known for doing the right thing.
I love how hang up guys are over the white men comment. As a latina woman in a sometimes difficult interacial marriage I can confirm that this is true. I can also add that white men get a benefit of the doubt that a latina female does not get. We are in marriage counselling now but it took months to find someone who didnt resort to the old “spicy latina” stereotype. FYI, my caucasian husband is the hot head in our relationship and he admits it.
Dont pretend like there isnt some stereotyping here. It doesnt help that Gabe looks like a viking king!
….but the ‘white man’ comment doesn’t apply in this case if we are bringing race into it because Halle has dated/slept/married black and white men. And she’s accused them all of being abusive. Olivier will join that hall of infamy soon as will the next man and the next regardless of their race or unless Halle finds a way to deal with her issues that cause such a reaction in the men in her life or she avoids abusers altogether.
I agree (obviously) that such stereotyping exists, but honestly, my own anger about this situation is aimed at people who try to deny a child a relationship with their other parent. That simple, and regardless of who the parties are.
I’ve known a situation like this between two gay women, too. Horrible accusations and endless legal action. It’s not about race or gender to me, it’s about an abusive parent who can’t put their child’s needs before their own.
The “spicy latina” stereotype is vile though, and coping with such racist rubbish must be beyond frustrating. And I have never heard a man described as “feisty” come to think of it, either – it’s just a patronising way to describe a woman who doesn’t take crap. But I was such a huge fan of Halle Berry before all this kicked off – it’s just that what she is doing is so awful to Nahla, and I can’t forgive any parent who does that. I think parents who skip out on child support are scum, too.
Agree on all accounts….
Gabe is a father who is fighting to be a part of his child’s life. He has been a part of her life from day one. It’s not like this happened and all of a sudden he started “showing up” like my ex did when we went through custody…Gabriel has been there all along, and has been consistent all along. Nahla looks happier and comfortable with her dad. There is always a lot of eye contact, touching, talking when I see them together.
To destroy that is vile.
To try and replace it with a man who beats ANYONE to a pulp like that is mind-bending.
🙁 This is so messy, and only because Halle chooses to make it this way. That is a FACT.
This is the most upsetting part. There are people like you, who just want the other parent to provide consistent, reliable, unconditional love like a mother or father should… and then Berry is losing her shit because she can’t make her child’s loving, committed, engaged father disappear in a puff of smoke, now she has no use for him in her own life. It’s infuriating.
My own father was useless, so my instincts used to be to always side with the mom. Then I started seeing cases from the inside, and found that for every nightmare ex who is using the courts to harass their ex, pretending interest in the kids for the first time ever, there is a nightmare ex trying to deprive their kids of a loving parent.
Don’t you just wish women like Berry and men like your ex could hook up, and leave the loving and responsible exes to consider the needs of their kids together? Still suck for the poor babies of the first group, but would cut the overall misery considerably.
@ Kate: I do, I really do. The custodial system in CA is awesome when it works, and horrific when it doesn’t.
My ex actually moved to CA first, a year before I relocated with the boys so they could have a relationship with him. I didn’t file until a few years later, and BAM…I was confronted with having to legally share custody 50/50 with a man who basically left them and stopped paying child support. He didn’t even know their doctor’s name. That infuriated me TO NO END!
However, douche as he is, he still deserves to be in my children’s life and they deserve to know him. He loves them, as much as I don’t agree with his parenting style, I know he loves them.
And trust…my 12 year old is getting hip to what his dad is about all on his own. I don’t need to say or do anything about that.
This doesn’t even seem to be the case with Aubrey…he actually has always seemed like a pretty decent person, even through this, and a good dad to Nahla. That’s all I’m looking at. 🙂
Every picture I see of Nahla and Gabriel together the child certainly looks happy and comfortable with her dad; he must do something right with her. I foresee this as another Baldwin/Basinger battle, with the child being in between until she can tell them both to grow the hell up. Honestly, it reeks of ridiculous and sad for that child.
I think the truth of the fight is somewhere in between; I do think Martinez verbally instigated and perhaps Aubry threw the first punch. BUT, that beatdown is overkill to me. If the man’s hands aren’t even touched he certainly WASN’T touching you so back the hella off, man. Sheesh.
Sadly this will not end well.):
After seeing those photos of GA’s injuries, I agree with those who have said he was cold cocked, went down hard and proceeded to be beaten within an inch of his life by someone who knows how. And when OM was done with his face, he gave him a kick in the ribs. Just because. As to what happened prior, it’s he said she said, except for the fact that Halle has been so transparently trying to remove Nahla’s father from her life. Oh, and that she is attracted to violent men. Who knows, maybe GA wasn’t violent enough for her taste?
Well.
Someone lost their court case and is vindictive and someone won their court case and is satified.
Someone has a broken hand and someone has a broken face.
Someone “repositioned” cameras in advance and someone begged the police to retreive the tape.
Hmmmm.
Exactly.
Absolutely perfect summary!!!
It’s almost painful to see his face..that was a beatdown i’m sorry OM should be in jail right now WTF and Halle Berry be walking around with this man WITH her child…look what he’s capable of. SMH
I don’t have the time or patience to go back upthread to reply to the specific comment–nor do I have the time/patience to google what specifically happened in this case….
So, with that disclaimer–in a custody case where the parents are not married it is standard procedure to begin the case by establishing paternity. So, in the abstract such an action is not significant.
Catch y’all later!
I hate halle even more than I used to – she is a hateful cunexttues! It makes me want to be violent with her god I want her to feel everything Gabriel felt & then some…
Martinez is a trained boxer..this was not self defense on his part, this was an all out assault.
A boxer can end a situation outside the ring quickly and WITHOUT excessive damage because they are TRAINED to do that. They can easily avoid and restrain without much damage. IF they want to. Martinez wanted to hurt Gabriel, period.
Martinez attacked Aubry with rage and intent, no one will convince me otherwise.
I hope a restraining order is entered against Martinez to keep him away from Nahla and Gabriel permanently.
Boxer or no boxer….REAL men walk away from being taunted. This goes for both Gabriel and Oliver. Whoever started it, whoever finished it…BOTH of them should have stopped it before it started. Period.
However, I have a sneaking suspicion that Gabriel *couldn’t* get away from the beat down even if he tried.
And I can absolutely imagine, in a fit of perhaps *drunken* rage, anyone involved in a contetious divorce like this could scream those types of insanities. I have no doubt whatsoever that Ollie went after him, verbally attacked him, and said those things. It makes sense given everything else we know about him, no? Ollie probably figures threats coming from him don’t count.
I do know that Gabriel can actually request OM not be around Nahla either, and given the evidence it could actually stick.
I just hope this backfires where it needs to. If people are lying, I hope it gets caught.
Yes, the best way is to avoid… but I don’t think Gabriel ever had the option to walk away from it that day. It was a planned attack fueled by either Martinez’ own rage or Halle’s planning.
My point about Martinez – who is claiming self defense – is that by being a trained boxer there was absolutely no justification for that much use of force. He could have easily handled the situation with out it, but he WANTED to hurt Gabriel.
I feel very sorry for Nahla.
Supposedly people with boxing or martial arts training do not look for fights or have to be careful because they are trained to hurt. They know how to do damage and probably even kill.
That is if they are ethical. They will put their force to good use.
When my father was in his first marriage and his older boys(hardly teens) were fighting, he would give them boxer gloves so they would not damage each other.
What Olives did here was totally out of line. That man, no matter how much he hayes him is the father of the girl that he says “considers ” family. Yeah, right. How can Berries explain this to Nahla?
Omg. This is appalling. A few weeks ago, a roofer fell 15ft off my roof onto cement and his face looked much like GA’s in those pictures.
I feel so awful for poor Nahla who most certainly knows her father was hurt by her mother’s boyfriend. She obviously isn’t allowed to see him and I wonder if she has been allowed to talk to him to know that he is ok.
She is old enough to be aware of all of the tension and ugliness around her and too young to understand that it isn’t her fault even if it does seem to revolve around her.
It absolutely breaks my heart.
OMG I hope your roofer is okay!
I know the security cameras were “repositioned,” but is there any type of video at all? Aren’t most video recordings date and time stamped (I know my neighbor’s taping has a date and time stamp, because his 24/7 security camera caught someone breaking into our car a few weeks ago!)?
Net-net: Did the video camera record anything pertinent (like GA coming into the driveway)? I would be curious to know what time the call went in to 911 vs. what time the video camera caught any GA activity. SURELY, HB and OM wouldn’t be mindless enough to call the cops BEFORE GA arrived to the house (or just driving in). Regardless, I believe it was a set-up. Just wondering if a date and time stamp could help prove something in GA’s favor.
Team Gabriel Aubry + full custody of Nahla.
Halle and Olivier are disgusting people.
From ROL…..
Update: A judge has ruled that Gabriel Aubry will be allowed to resume visitation with Nahla, with unspecified precautions in place to protect her safety. Story developing…
Thank God for some fairness! But how is he going to explain his battered face to his little girl? It will scare her to death.
Just saw that ….what a relief! Take that Halle and your hitman!
According to Radar, gabriel is requesting a restraining order against Olivier having any contact with nahla
http://www.radaronline.com/exclusives/2012/11/gabriel-aubry-assault-olivier-martinez-custody-daughter-nahla-no-contact
If this “plan” backfires on this witch – Christmas comes early in 2012!
Maybe living in L.A. is hurting Martinez’s career in France. Maybe he was a force in pushing for the move to France. Perhaps he felt staying in L.A. had cost him 3 million due to lost French acting opportunities. No excuse for his behaviour, of course, but it may explain his vitriol.
@Fani. As a French girl, I highly doubt it. He didn’t do any movie here since “mon homme” of Bertrand Blier in 1996. And since most of his American movies haven’t even been released in France, he is only known for his affairs with K.Minogue and H.Berry and a few ads he has made.
Halle and her mad boozing midget planned this–blogs have been suspecting that something would go down and people kept saying Halle was not going down w/o a fight.
PUN intended
I no longer feel soory for her and she is not the damsel in distress…and never had been.
Radar is saying Gabriel got visitation back. YES, EAT IT HALLE!!!!!
“UPDATE: A judge has ruled that Gabriel Aubry will be allowed to resume visitation with Nahla, with unspecified precautions in place to protect her safety.”
Yayyyyyyy!!! Hollaaaaa! 🙂
That’s great news!! 🙂
Cooollll :)! But I really hope his face heals a little bit before, otherwise the kid is going to be even more traumatized :(.
Woooooo! This is a good sign.
Oh please be true! ^^^
No judge would look at his face and say that little girl is safe around Martinez.
GREAT NEWS!
Great news that Aubry has visitation back.
Maybe the judge realised that despite the original allegations the real provocation started as soon as Martinez chose to meet Aubry at the door. That to me is the first act in this drama.
When does the mother get held to account now? She’s in a relationship with a man who has proven a capacity for violence. Yet she does not remove herself or her daughter from potential harm. I understand an abused mindset but is that what Halle’s in right now? If so then shouldn’t the family court recognise that and make alternative arrangements for at least Nahla. If not then she’s making a decision that she should be held accountable for. She’s knowingly putting herself and daughter in harm’s way. God forbid anything happen but she’ll be expecting victim’s sympathy.
If you’re told to step away from the flame and you stick your hand in it. When is it ‘don’t blame the victim’ and when is it choosing to be one?
A lot of people have mentioned how the guys in this story should have made more adult choices and shown restraint. Yet no-one has suggested Halle needs to make the choice between Olivier and her daughter. I’m hoping Aubry sues for full custody and brings her into the real world.
Yet TMZ reports GA lost in court. Who to believe?
It is likely that both are accurate. TMZ reported that the judge declined to lift the protective order while ROL reported that Gabriel did get some sort of visitation. In other words, the order stands but is modified for visitation.
@HannahF 🙂 Thank you for leading us through the legal minefield.
I only have a sketchy idea of this whole melodrama but why can’t Halle just let Nahla spend some time with her dad? She seems to adore him and vice versa.
May someone help me with a question? Would each of these trips to family court be in front of a new judge? Meaning would Halle’s emergency RO judge be the same as Gabriel’s judge from yesterday? What about the judge (s) that have rejected all of Halle’s claims thus far? If it’s one judge, I would have to think that he or she would be sick of the foolishness. But if it’s multiple judges, I would think reversing colleagues opinions over and over would cause friction as well.
Any help would be appreciated. Thanks!
From what I read a while back it’s the same judge who’s been on this case since it started 2 years ago.
It’s the same judge.
In LA County at the various courthouses one judicial officer is usually assigned to handle domestic violence TROs. However, if there already is a lead case–which in this instance is the custody case– restraining order requests are heard by the judge in that case. Typically, once you are assigned a judicial officer that’s who presides over your case every time you’re in court. (a few exceptions–not relevant here)
That said, there are a few little twists going on here. The restraining order from Thanksgiving was an emergency protective order. EPOs are requested by the police when court is not in session. Basically, the police assess the situation and if they feel, based on the relevant criteria, that an RO is necessary they call the on-call judge. (the family law judicial officers rotate…) The police don’t bother a judge unless there’s a damn good reason. So, odds are that the judge in this case was not the on-call judge. EPOs are only good for 5 days–which is why this expires Thursday morning. Their judge will hear any motions to extend or remove the RO.
The EPO is for Gabriel to stay away from the other players(the mother, the child, the fiance/live in boyfriend.) Family Court does not have jurisdiction over the relationship solely between Gabriel and Olivier. So, the RO Gabriel obtained against Olivier was a civil restraining order–therefore a completely different judge, court, etc.
So, there really aren’t conflicting orders from different judges. The judge assigned to their custody case who rejected the France move-away, etc. will hear the new RO motions. Do they get annoyed with what you term foolishness? Yes.
I’ve never been before their judge but he was a speaker at a Child Custody Symposium I went to a couple of months ago. He seemed very measured in his approach. (that’s a good thing)
I feel sorry for that poor little girl
aubry needs to take nahla to canada and raise her properly. where they have stalking laws and where even michael moore says it is a safe place to live. halle needs to get some help, she is turning into a gang/mafia type member. SHE put her daughter in harms way, she is selfish, this guy is dangerous, i love how he said that gabriel cost them/him $3mil. extreme RED FLAG!!!! france is not as lax in their pap laws, look what happened to princess kate!
Last shot of Gabriel on the runway = HAHAHAHAHA
How emasculating!
I bet his reaction was “jesus what the F%#$? a purse? I gotta carry a purse?”
HAHAHAHAHHAHA
but then he laughed all the way to the bank.
Gabriel has grounds to sue OM for every penny he has for messing with his livelihood (his face). What a punk OM is. Loved the picture of him going into the liquor store at 8am the next morning. He should have been the one in jail, WTH is up with that?