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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.

1101_mel_gibson_EX_Getty_02
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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46.

igotfleasfromtmz    

THE MAN WHO TOOK THE COURT ROOM DOWN WITH A WINK!

1388 days ago
47.

diogenes    

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

Posted at 1:39 AM on Nov 3, 2010 by Ray

Agreed. Horowitz at his best.

1388 days ago
48.

wondering    

next thing horowitz will reenact the scene from "and justice for all" where Pacino starts yelling I'm out of order?!! YOUR OUT OF ORDER!! THIS WHOLE DAMNED COURT IS OUT OF ORDER!!!!
BEETLEJUICE BEETLEJUICE BEETLEJUICE!!!!!

1388 days ago
49.

igotfleasfromtmz    

Reminds me of my cousin vinny

1388 days ago
50.

igotfleasfromtmz    

Vinny Gambini: I object to this witness being called at this time. We've been given no prior notice he would testify. No discovery of any tests he's conducted or reports he's prepared. And as the court is aware, the defense is entitled to advance notice of all witness who will testify, particularly those who will give scientific evidence, so that we can properly prepare for cross-examination, as well as give the defense an opportunity to have his reports reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.
Judge Chamberlain Haller: Mr. Gambini?
Vinny Gambini: Yes, sir?
Judge Chamberlain Haller: That is a lucid, intelligent, well thought-out objection.
Vinny Gambini: Thank you, sir.
Judge Chamberlain Haller: Overruled.

1388 days ago
51.

Jade evergreen    

hellnurse writes

THE MAN WHO TOOK THE COURT ROOM DOWN WITH A WINK!
******************************************************
good one

1388 days ago
52.

wondering    

hahah i know that building she came out of.

i have to go there next thursday.

i wonder which doctor she went to see... hmmm , i think i know...
will have to ask when i go there heh heh heh

1388 days ago
53.

shyone    

JLS posted:

"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."


---------------------------------------------

The following statements are made on my experience of 30 years of taking depositions of many different types of people, many of them physicians.

It is true that depositions are usually very formal.

That being said, I have been in depositions where lawyers lose their tempers not infrequently.

I was in one deposition when I was in the last few weeks of my first pregnancy and quite obviously pregnant. An expert witness physician who favored my client in a medical malpractice case was being deposed by the lawyer representing the OB who had messed up a surgery on my client. The defendant attended (no doubt his lawyer wanted him there to show his lawyering skills).

Well, the lawyer wasn't able to make the expert change his opinion. This shocked and upset the defense lawyer (who was 6'4" and at least 250#, a former college football "star") who lost his temper. He got so upset at one objection that he stood up and ****ed his fist at me and said "If you weren't wearing glasses, I'd punch you out."

Being the timid person I am, I stood up, slowly took off my glasses and said "Have at it, John."

At which point, John lunged at me in my very pregnant condition and was tackled to the ground by his own client, a very courtly older OB who was about 5'8" tall and couldn't have weighed more than 165#.

IT WAS HILARIOUS! The next day I received a phone call from one of the senior partners in John's firm begging me not to report him to the bar association. Of course, I didn't report him -- it was such a good story. I've enjoyed telling it for nearly 30 years now.

Depositions frequently have emotional outbursts -- from clients and from lawyers.

For MG not to lose his temper in a long deposition shows a great deal of emotional control.

I am sure that the judge was present to prevent any funny business.

Judges only strike comments from the record if the comments are unsupported by what occurred. That means that if the judge struck comments about making a fist, winking, or staring, the judge who was present is saying that the comment was false. It is a way judges try to control lawyer behavior, letting the lawyer know that the judge doesn't believe the lawyer. When the lawyer gets such a ruling, he knows he's on the wrong side of the judge at that point.

Just thought people here might be interested in the above story & info.

1388 days ago
54.

txcn    

Thought Horowitz said he was a tough guy from New York. Who would have thought an imaginary fist or a wink would have turned him into a New York weenie. Such is the power of a wink from the Mighty Mel.

No wonder Oh the Ho looked almost ready to cry when she got on that elevator. Not only did Mel not wink at her, she got rid of all the good lowers she had and is stuck with Bozo the Clown.

1388 days ago
55.

garnet    

Why is Horowitz making false accusations about Mel. Who does he think he is? Oksana?

1388 days ago
56.

wondering    

nice story shyone, thanks

1388 days ago
57.

dntblvtheho    

33.
Malicious winking is a serious crime! - Just ask JLS

Posted at 1:44 AM on Nov 3, 2010 by Bubba
------------------------------------------------------

Ya the super genius with an IQ of a 148 she knows all.

1388 days ago
58.

igotfleasfromtmz    

Horrorwitless probably couldn't function past that wink.
I am sorry this is just funny.

1388 days ago
59.

chunx    

this is like a tamer version of the joe jamail texas depo, with the lawyers and the witness nearly getting into a fist fight with each other lol:

http://www.youtube.com/watch?v=ZIxmrvbMeKc

i bet horrowitz was hoping for mel to go into a rant like this guy did in his deposition lol:

http://www.youtube.com/watch?v=RjtnRmy0H-U&feature=related

or maybe something like this one lol:

http://www.youtube.com/watch?v=d1FdIDGmdSU&feature=related

1388 days ago
60.

KM    

Whorowitless will need a wink and a prayer to get through this with Ox

1388 days ago
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