LAPD has confirmed they were investigating a DVD given to them by an unnamed source back in July. That same DVD contained the now infamous Dane, Gayheart and Peniche sex triangle tape. Police said that the reason for the investigation of the DVD was it “Contained images that could link celebrities engaging in illegal activity. “The DVD included archived articles and photographs of porn stars and formally convicted madams, which could readily be found over the Internet.”

What the “illegal activity” was is unclear, however, a tabloid stated this week that pictures, possibly still frame images from segments of the sex triangle tape not yet released contained Gayheart smoking from a crack pipe. This is yet unconfirmed.

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It is unclear if was Police that allowed the DVD, or at least portions of it, to be leaked. Although Peniche is pointing the finger at her former roommate, country singer Mindy McCready claiming she stole and then leaked that tape.