Fans were stunned when footage of the husband-and-wife couple frolicking nude with former Miss Teen USA Kari Ann Peniche hit the Internet on Monday.
In the edited clip, the seemingly intoxicated trio lounge on a bed, passing a camera around and dreaming up porn names for each other.
An anonymous source gave the Los Angeles Police Department (LAPD) a copy of Dane's tape last month, prompting a thorough investigation into the trio's activity on film.
A statement released by the LAPD says, "On July 30, 2009, an unnamed source provided the LAPD's Detective Support and Vice Division with a copy of a DVD. According to the source, the DVD contained images that could link celebrities engaging in illegal activity.
"The LAPD was in the process of reviewing the voluminous files contained on the DVD when the story was leaked to the media. No determination has been made as to whether or not the DVD contained any information that could be used for a criminal investigation. Some of the information contained on the DVD included archived articles and photographs of porn stars and formally convicted madams, which could readily be found over the Internet.
"The LAPD will continue to review the DVD for potential evidence. Therefore, additional information about the contents of the DVD will be treated as confidential."
Meanwhile, a lawyer for the Grey's Anatomy actor has threatened to sue anyone who publishes the "private, confidential tape," adding, "from what I've seen, it's a naked tape, not a sex tape."
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