Police Investigating Eric Dane Nude Tape
08/20/2009 AT 04:30 PM EDT
The LAPD has confirmed that detectives are investigating a DVD provided to them in July from an unnamed source who claimed it "contained images that could link celebrities engaging in illegal activity."
But before police could determine if a crime was committed, the tape leaked onto the Internet, the LAPD said in a statement.
The DVD, which included the now-infamous video of Dane, 36, wife Rebecca Gayheart, 38, and former Miss U.S. Teen Kari Ann Peniche, 25, also "included archived articles and photographs of porn stars and formally convicted madams, which could readily be found over the internet," police added.
Peniche has alleged that the tape was stolen from her by troubled country singer Mindy McCready, who was her roommate after the two women filmed episodes of Celebrity Rehab, according to TMZ. Meanwhile, a source close to McCready told PEOPLE, "Her story will be told in due time. There's a lot more to it than just the tape. She did not leak the tape."
Police added: "No determination has been made as to whether or not the DVD contained any information that could be used for a criminal investigation."
On Monday, a lawyer for the actors released a statement, saying it should not be characterized as a sex tape, since it merely showed "a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public."
Reporting by RENNIE DYBALL