Oksana Grigorieva's former bodyguard agreed never to disclose confidential material about his former boss in a home video the Russian musician's lawyers are now using in a bid to stop him talking, RadarOnline.com has exclusively learned.
RadarOnline.com has exclusively obtained a three-minute tape in which Kristian Otto Herzog is caught on camera pledging his loyalty to Mel Gibson's ex-lover as she sat on the couch at her Sherman Oaks, California, home.
Watch the video on RadarOnline.com
It's a sensational development in Gibson's quest to question Herzog, a twice convicted felon, who flipped on Grigorieva after she fired him; he is now suggesting Grigorieva grossly exaggerated the alleged domestic violence incident.
The Lethal Weapon star wants to depose Herzog and has subpoenaed documents and photos that detail his relationship with Grigorieva, his correspondence with her lawyers and the "1000s of emails, text messages, 100s of private photos, private videos and voice mails" he claimed to have.
In the video, recorded on July 21 last year, Herzog said: "I agree not to disclose any information about my relationship as the exclusive driver, protection and executive assistant provider for Oksana.
"I agree, in those capacities, for the next five years, to only work for Oksana, and not work for anyone else without her permission in writing, including Mel Gibson. But one step beyond that, I agree, for myself personally, and anyone that works with me with Oksana, that we will not work for anyone else, at any time for the next five years, without written permission from Oksana, to avoid any conflicts of interest.
"Two, I agree not to disclose any information learned from my relationship, business relationship, with Oksana, with anyone else, period, without Oksana's written permission, including any other bodyguards, any attorneys, any news media, Mel Gibson, or anyone representing Mel Gibson," Herzog said.
"I also agree not to disclose any information about travel plans, attorneys, child visitation -- anything involving her home, business, life, music career, or her current litigation, civil or criminal with Mel Gibson, with anyone, without written permission from Oksana."
"I agree to be her sole provider for these, and Oksana agrees, as long as I fulfill this commitment, that I'll be her exclusive executive assistant, executive protection and driver provider for the next five years. And Oksana agrees not to release any information what we do unless we both agree to it in writing," Herzog said.
"You don't have to use it unless you need it, but it's there if she wants it... I can't disclose or discuss any information from that, unless I have written permission from you in advance," Herzog told an off-camera Oksana.
"Today's date is July 22, in the year 2010, and it is currently 7:14 pm... 7:25 pm... on July 21, 2010."
What's more, Herzog said if he breached the video-taped agreement, he would have to pay Grigorieva a whopping $10 million!
Said a source close to Grigorieva: "This video is tantamount to a nondisclosure agreement and confidentiality agreement and Kristian Otto
Herzog is in direct violation of it. He cannot speak. Period."
The rogue bodyguard, who once impersonated a police officer with a loaded firearm, said he has written a tell-all book in which he spills some of Grigorieva's inner-most secrets.
He was scheduled to testify under oath last month, but called in sick and later declared he needed his own bodyguard because he was getting threatening, harassing and intimidating messages from a private investigator.
The night before the scheduled deposition, Herzog did an interview with a Los Angeles television station and declared: "I absolutely believe she made up - either grossly exaggerated or simply completely fabricated almost every single charge against Mel Gibson. To get real big money."
"Herzog is not a credible witness," a pal of Grigorieva told RadarOnline.com.
"Without doubt, this video agreement serves as a contract through which he and Oksana agreed not to disclose information covered by their agreement.
"Moreover, his trustworthiness, motivation and business practices must be called into question.
"Here you have a convicted criminal who has gone from ingratiating himself into Oksana's life with the promise of free bodyguard protection, declaring his support for her and to then supposedly switching camps and supporting Gibson.
"This all happened coincidentally around the same time that his romantic advances to her were spurned."