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Mel Gibson's Deposition and the Phantom Fist

11/3/2010 8:00 AM PDT BY TMZ STAFF

Oksana Grigorieva's lawyer accused Mel Gibson during his deposition Monday of clenching his fist ... but the judge ruled there was absolutely no proof it happened.

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Here's what we know ... The deposition got so contentious and loud among the lawyers ... people in the office building heard the noise.  Sources say at one point, Oksana's lawyer, Daniel Horowitz, accused Mel of winking at him -- a comment the judge promptly struck from the record.

Horowitz then said on the record ... he believed Mel clenched his left fist.  Again, the judge struck the comment from the record.

What's interesting ... the proof is in the video, which was rolling during the whole depo.  But as far as we know, there's no evidence Mel clenched it.

110210_oksana_video_tmzAnd speaking of video ... we got some of Oksana yesterday ... and she claims she maintained her cool during the depo.

1199 COMMENTS

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16.

Lynn M    

This woman cares only about herself. Period.

1390 days ago
17.

Clare    

Sounds like they were just throwing accusations at the judge hoping one will stick and will show Mel in a bad light. no wonder they both looked down in that video, their plan didn't work.

1390 days ago
18.

kali    

Wonder if its over now?

1390 days ago
19.

Kilmerfan     

What a crock. Nudge, nudge, wink, wink say no more! Great way to sound like a 5 year old Horowitz.

Team Mel

1390 days ago
20.

Lynn M    

Clare - I was just thinking the same thing. They don't have a strong case to take the child away from Mel. They were really hoping to get him to lose his temper but couldn't so they resorted to throwing the "kitchen sink" at him, hoping to get something on the record. Sounds to me like they failed.

I'd love to see that depo. I bet it would show that Mel held his temper quite well considering the accusations and Oksana in the room.

1390 days ago
21.

Bubba    

Let's see.... Mel's lawyer is a lady right? And Horowitz was yelling at her? THAT'S EMOTIONAL ABUSE ISN'T IT?????

1390 days ago
22.

JLS    

Thank God nobody I deposed ever winked at me. I've never seen someone so arrogant and flip in my entire life. Roll back the damn depo tape and take a look, judge. Is it likely a man who screams at the top of his lungs, spits and growls over the phone clenches his fist at a deposition? YOU BET! It's all typical for Mel Gibson in the last 40 years. He's not some cream puff. He is completely out of control but does have the bank to make it all less or even disappear if he chooses. Roll back the tape, judge. Just for your own interest to know what kind of man you are dealing with here. He's disgusting.

1390 days ago
23.

kinm    

I bet they'd argue that he didn't lose temper because he knew he's been recorded

1390 days ago
24.

JLS    

To those of you who might have never been deposed, it's a formal event with a stenographer present. Some respect for the attorneys, judge and the process is required. I cannot imagine anyone winking at anyone in this venue. It's just incredibly wrong.

1390 days ago
25.

fed-up    

is he serious? clenched fist and a wink? how petty does he want to be?

this is getting to be so ludicrous, it is embarrassing. does horowitz not care about his future career, his reputation? does he really want to go the gloria alred way, where only people with questionable character hire her as an attorney?

seriously, if you have a case, why would you even steep this low?

and since when does a lawyer take advice from his/her client? shouldn't you know your case enough to ask the necessary questions without having your client there to coach you? what are trying to imply...that you are an incompetent lawyer that oksana has to advice you on what questions to ask? you'd better be careful, horowitz...the way that oksana has shown herself to be, i wouldn't be surprised that if you loose this case, she will turn the table and blame you for being so incompetent that she had to be there during the deposition to guide you...

and oksana, give it up. Mel Gibson doesn't love you anymore. Seeing you yesterday, all dolled up, made no difference to him. So, just give up, maintain whatever little dignity you have left. I am so embarrased on your behalf. How you can show your face in public, surprises me. No shame whatsoever...

1390 days ago
26.

Ray    

This is a failure piece of PR. Trying your darndest to make something stick?

1390 days ago
27.

garnet    

Is this for real? hahahahagha
Horowitz and Oksana have regressed to school days;

Horrorwitz: Judge judge! Mel winked at me!
Judge: No he didn't, get back to work.
Oksana: Judge, judge Mel clenched his fist at me!
Judge: No he didn't get back to work.
Horrorwitz: Judge, judge he did it again!
Judge: No he didnt.
Oksana: yes he did and winked at me and clenched his fist and made a face at me.
Judge: If you two don't get back to work, I'll put you on detention with Kris Herzog
Oksana: oh yes please!
Horrowitz: Judge judge, Mel took my lunch.

1390 days ago
28.

Ginger    

Sounds like they were trying their best to make Mel angry. I'm glad the judge was there. I guess this is what Oxiclean did when she made the tapes she's broadcast everywhere. Women know how to push buttons. Guess she thought she could do it in the depo. And like everyone else here said - so what if he winked or clenched his fist. What's wrong with either of those actions.

1390 days ago
29.

igotfleasfromtmz    

"YOUR HONOR MEL WINKED AT ME" omg roflmao

1390 days ago
30.

Bubba    

Malicious winking is a serious crime! - Just ask JLS

1390 days ago
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