USMagazine, Tuesday, August 18, 2009, 6:05am (PDT)
When Eric Dane and wife Rebecca Gayheart stripped down with former Miss Teen USA Kari Ann Peniche for a 12-minute video two years ago, it "was all done in good fun," Peniche's manager David Weintraub tells Usmagazine.com.
"This is not a sex tape," he adds. "It's guys having fun, hanging out together. There is no sex involved in this."
He also tells Us the three have been "friends" for "many years."
In the video - which first surfaced on Gawker.com Monday - the married couple appear intoxicated as they lay naked in bed with Peniche at her apartment. They also chill in a Jacuzzi together and discuss their porn names. (Dane said his moniker is "Cocaine Manor.")
Peniche - who was crowned Miss Teen USA in 2002 but later lost the title after posing for Playboy - is "sorry that somebody has stolen these things and put them out," Weintraub says. "That's the overall of it. Those are good friends of hers. It was in good fun and, unfortunately, now it's public record."
Late Monday, Dane's lawyer Marty Singer issued a statement, insisting the tape is "a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public."
He continued, "Although the participants are nude, the tape is not a 'sex tape.' It is a private tape made for only my clients' personal use, and nobody has the right to exploit it. If anyone exploits the tape, they will be violating my clients' rights and will be exposed to significant liability."