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EXCLUSIVE: Mindy McCready Sex Tape: She Was Not Fit To Sign Release, Says Her Lawyer

Apr. 29 2010, Published 5:39 a.m. ET

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The sex tape called Mindy McCready, Baseball Mistress, is going on sale next Tuesday, and her attorney is not going to stop it, he says “the damage has already been done,” RadarOnline.com has learned.

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Vivid Entertainment claims they have a model release signed by the county music star that shows she transferred rights to a sex tape she made with her ex-boyfriend named “Peter” to a third party.

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Report: Mindy McCready Sex Tape Includes Juicy Roger Clemens Details

The model release specifically references "McCready ... eating dinner, relaxing and having sex. Mindy McCready is a country music star. (She was) over 18 when recorded. Footage is 2 hours, 40 minutes long."  McCready’s attorney Adam Dread told RadarOnline.com, “Mindy has no recollection of signing it.” He goes on to say that she was in no shape to sign anything. He says the day after that release was signed McCready was hospitalized for 11 days “she was in and out of a comatose state because of alcohol and previous injuries from being beaten. She was in no mental capacity to enter into a legal contract.”

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The signed papers were posted by Vivid and you can view them here.

As RadarOnline.com first reported the tape not only shows Mindy having sex, she also talks about her affair with baseball pitcher Roger Clemens and his sexual prowess.

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"We acquired the video last year for our Vivid-Celeb line, believing that McCready's fame was on the rise because she was releasing a new album and would be on the Celebrity Rehab with Dr. Drew show," Vivid CEO Steve Hirsch said. "It was a very appealing package to us because not only is the footage exciting with very hot sex, all of the paperwork was in order and we knew we were getting a completely legal product."  Dread says he is not suing Vivid, but may go after the third party that sold the tape to Vivid.

Dread says McCready “has no money deal with Vivid or anybody else.”  Dread says Mindy is now sober and she’s going on with her career.

McCready is on VH1’s Celebrity Rehab with Dr. Drew and she is currently promoting her new album Mindy McCready I'm Still Here across the country. It’s her first album in eight years.

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