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How The DA Could Help Gabriel Aubry Avoid Criminal Charges!

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Nov. 28 2012, Published 2:00 p.m. ET

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By Jen Heger - Breaking Celebrity News Assistant Managing Editor

The Los Angeles District Attorney's Office could actually help Gabriel Aubry's defense if he is criminally charged for allegedly assaulting his ex-girlfriend, and baby mama, Halle Berry's fiance, Olivier Martinez, or even avoid criminal charges altogether, Breaking Celebrity News is exclusively reporting.

When Halle Berry's stalker, Richard Franco, was arrested in 2011, the Academy Award winning actress turned over "extensive surveillance video that showed him jumping over the fence and into her driveway. There were at least five different cameras used and the footage, which has never been publicly shown, is still in possession of the District Attorney's office. At least one of the cameras was positioned inside the driveway in 2011," a source close to the case tells us.

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The surveillance video of Halle's stalker could be critical evidence to support Aubry's concern that he allegedly expressed to cops during his arrest in the driveway on Thanksgiving after getting into an altercation with Martinez was going to be destroyed or edited. Reports surfaced on Tuesday night that surveillance video of the fight between Gabe and Olivier didn't exist because Berry had been advised to point the cameras towards the street in order to identify the alleged stalker hopping the privacy wall.

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Breaking Celebrity News was first to report on the existence of the footage, which was captured on Berry's security cameras at her property, and Aubry references it in his application for a restraining order against Martinez, which was granted on Monday.

"I told the officers that Martinez was the one who attacked me, and repeatedly told them to