More stories

  • in

    Sean Combs Is Accused by Cassie of Rape and Years of Abuse in Lawsuit

    In the suit, the singer says Mr. Combs, known as Puff Daddy or Diddy, subjected her to a pattern of control and abuse over about a decade. Mr. Combs “vehemently” denied the allegations.Sean Combs, the producer and music mogul who has been one of the most famous names in hip-hop for decades, was sued in federal court on Thursday by Cassie, an R&B singer once signed to his label, who accused Mr. Combs of rape, and of repeated physical abuse over about a decade.In the suit, filed in Federal District Court in Manhattan, Cassie, whose real name is Casandra Ventura — and who had long been Mr. Combs’s romantic partner — says that not long after she met him in 2005, when she was 19, he began a pattern of control and abuse that included plying her with drugs, beating her and forcing her to have sex with a succession of male prostitutes while he filmed the encounters. In 2018, the suit says, near the end of their relationship, Mr. Combs forced his way into her home and raped her.“After years in silence and darkness,” Ms. Ventura said in a statement, “I am finally ready to tell my story, and to speak up on behalf of myself and for the benefit of other women who face violence and abuse in their relationships.”In response, a lawyer for Mr. Combs, Ben Brafman, said: “Mr. Combs vehemently denies these offensive and outrageous allegations. For the past six months, Mr. Combs has been subjected to Ms. Ventura’s persistent demand of $30 million, under the threat of writing a damaging book about their relationship, which was unequivocally rejected as blatant blackmail. Despite withdrawing her initial threat, Ms. Ventura has now resorted to filing a lawsuit riddled with baseless and outrageous lies, aiming to tarnish Mr. Combs’s reputation and seeking a payday.”Douglas Wigdor, a lawyer for Ms. Ventura, said the parties had spoken before the suit was filed. “Mr. Combs offered Ms. Ventura eight figures to silence her and prevent the filing of this lawsuit,” he said. “She rejected his efforts.”Ms. Ventura’s case is the latest in a series of sexual assault civil suits filed recently against prominent men in the music industry, including Steven Tyler of Aerosmith, the executive L.A. Reid and Neil Portnow, the former head of the organization behind the Grammy Awards. (Mr. Portnow has denied the accusation; Mr. Tyler and Mr. Reid have not responded.)Mr. Combs, 54, founded Bad Boy in 1993 and became one of the primary figures in the commercialization of hip-hop, working with stars like the Notorious B.I.G. and Mary J. Blige. His net worth has been estimated as high as $1 billion, and last year Forbes calculated Mr. Combs’s annual earnings at $90 million, attributing that amount largely to his former partnership in a liquor brand, Ciroc, that is owned by the spirits giant Diageo.Mr. Combs, who in his career has variously been known as Puff Daddy, Diddy and Love, may be the most famous music executive of his generation. But the suit depicts Mr. Combs as a violent person who, beyond repeatedly assaulting Ms. Ventura, asked her to carry his gun in her purse, and the suit suggests he was responsible for blowing up the car of a rival suitor. In one incident, the suit says, Mr. Combs dangled a friend of Ms. Ventura’s over a 17th-floor hotel balcony.In naming additional defendants, the court papers assert that others who worked with Mr. Combs had helped him to control Ms. Ventura, at times by threatening her with retribution — like suppressing her music if she did not obey his orders — or by helping to conceal his behavior. The suit, which names Mr. Combs and a number of his associated companies as defendants, seeks unspecified damages.“After years in silence and darkness,” Cassie, whose real name is Casandra Ventura, said in a statement, “I am finally ready to tell my story.”Karwai Tang/WireImage, via Getty ImagesAccording to Ms. Ventura’s suit, she was swept into Mr. Combs’s jet-set lifestyle not long after meeting him and signing with Bad Boy, which released her debut album in 2006.But, the suit says, he soon began to assert an extraordinary level of command over her life. In addition to controlling her career, he paid for her car, apartments and clothing, and even had access to her personal medical records. According to the suit, the results from an M.R.I. scan she had — for memory loss, possibly caused by drug use or by a beating she said she suffered from Mr. Combs — went directly to Mr. Combs.Mr. Combs also provided Ms. Ventura with “copious amounts of drugs,” including ecstasy and ketamine, and urged her to take them, the suit says, and often became violent, beating her “multiple times each year.” The suit says Ms. Ventura never went to the police because she feared it “would merely give Mr. Combs another excuse to hurt her.”In one incident in Los Angeles in 2009, the suit says, Mr. Combs became enraged when he saw Ms. Ventura talking to another talent agent, then pushed her into a car and kicked her repeatedly in the face, making her bleed. According to the suit, Mr. Combs then had his staff bring her to a hotel room to recuperate for a week. She asked to go home to her parents, but Mr. Combs refused, the suit says.The suit says that after seeing the violent repercussions of rejecting Mr. Combs, and the extent to which he would isolate her from her support network, “Ms. Ventura felt that saying ‘no’ to Mr. Combs would cost her something — her family, her friends, her career, or even her life.” And though she tried to leave Mr. Combs, the suit says he sent his employees to lure her back.In one incident described in the court papers, Ms. Ventura says that in early 2012, Mr. Combs grew so angry about her dating the rapper Kid Cudi that he said he would blow up the rapper’s car. “Around that time,” the suit says, “Kid Cudi’s car exploded in his driveway.”Through a spokeswoman, Kid Cudi confirmed Ms. Ventura’s account that he had a car that exploded. “This is all true,” he said.A few years into Ms. Ventura’s relationship with Mr. Combs, the suit says, he began coercing her “to engage in a fantasy of his called ‘voyeurism,’” in which she was directed to have sex with a succession of male prostitutes, while Mr. Combs watched, masturbated, took pictures and shot video.According to the suit, Mr. Combs called these encounters “freak offs,” which involved costumes, like masquerade masks and lingerie. They continued for years, taking place at high-end hotels across the United States and in Mr. Combs’s homes. The suit says that he instructed Ms. Ventura to search the websites of escort services to procure male sex workers.Drugs were supplied at these events, which Ms. Ventura’s suit says she took because they “allowed her to disassociate during these horrific encounters.”According to the suit, Ms. Ventura would delete videos from these incidents that had been shot on her phone, but Mr. Combs told her he still had access to those videos, and on a flight once made her watch a video she thought she had deleted.The suit says that as a result of these sexual encounters in different cities, Ms. Ventura was a victim of sex trafficking. The suit also accuses Mr. Combs of sexual battery, sexual assault and violations of New York City’s gender-motivated violence law.Ms. Ventura’s suit includes several accounts of her unsuccessful attempts to escape Mr. Combs’s control.In one example, the suit says that during a “freak off” at a Los Angeles hotel in 2016, an intoxicated Mr. Combs punched Ms. Ventura in the face, giving her a black eye. He fell asleep and she tried to leave the room, but Mr. Combs woke up and followed her into the hallway, where he threw glass vases at her, sending glass shattering throughout the corridor, according to the court filing. The hotel’s security cameras captured that incident, but the suit says Mr. Combs paid the hotel $50,000 for the footage.The court filing says that in 2018, after Mr. Combs and Ms. Ventura met for dinner, he forced himself into her apartment and raped her while she “repeatedly said ‘no’ and tried to push him away.” After that, the suit says, she left him for good. Ms. Ventura married Alex Fine, a personal trainer, the following year and now has two young children. According to the complaint, her association with Bad Boy ended in 2019.Ms. Ventura’s case, like other recent sexual assault lawsuits, is being brought under the Adult Survivors Act, a New York law that allows people who say they were victims of sexual abuse to file civil suits after the statute of limitations has expired. The one-year window to bring cases under this law ends next week.That law is cited in Ms. Ventura’s complaint, and in a statement she addressed its importance.“With the expiration of New York’s Adult Survivors Act fast approaching,” she said, “it became clear that this was an opportunity to speak up about the trauma I have experienced and that I will be recovering from for the rest of my life.” More

  • in

    Why Nina Simone Was Always Ahead of Her Time

    A recently unearthed live version of “Blues for Mama,” written by Simone and Abbey Lincoln in the 1960s, took on domestic abuse in a momentous way.Nina Simone was always ahead of her time. And in the mid-1960s she found a fellow musical innovator and ideal feminist collaborator in the jazz vocalist Abbey Lincoln, whom she teamed up with to write the song “Blues for Mama.” When Simone performed it at the Newport Jazz Festival in 1966, she introduced it as “a gutbucket blues.”“It will appeal to a certain type of woman,” she said, “who has had this kind of experience.”That experience was domestic violence, a trauma that the titular Mama endured and that others blamed her for causing. “They say you’re mean and evil/Don’t know what to do,” Simone sang. “And that’s the reason that he’s gone/And left you black-and-blue.”I’ve been intrigued by “Blues for Mama” since I first heard it on Simone’s 1967 album “Nina Simone Sings the Blues.” And now, thanks to Verve Records’ recent issue of the previously unreleased recording of her Newport performance — packaged as the album “You’ve Got to Learn” — we have an even earlier version of the song out in the world.“Blues for Mama” signified a new moment. Rather than accept the abuse and the negative rumors, Nina tells Mama to set the record straight: “It wasn’t you that caused his bitter fate.”The track appears at the album’s midpoint, before the politically trenchant “Mississippi Goddam,” a song Simone wrote in response to two tragedies in 1963: the assassination of the civil rights activist Medgar Evers in Mississippi and the murder of four African American girls in a church bombing in Birmingham, Ala.Her fans are likely to have appreciated “Blues for Mama” as further proof of her musical dexterity and ability to seamlessly move across genres. And it stands out as one of few songs from the era to explicitly take on gender-based violence, actively refusing to blame the victim. “They say you love to fuss and fight/And bring a good man down,” Simone narrated. “And don’t know how to treat him/When he takes you on the town.”At the time, Lincoln, too, was known for both her vocal virtuosity and her radical politics, including her collaboration as the lead singer on “We Insist! Freedom Now Suite,” the civil rights jazz album from the bebop drummer Max Roach, whom she later married. Though “Blues for Mama” is one of Lincoln’s earlier songwriting credits, it isn’t so surprising that she and Simone chose to embed their critique of sexism within a blues format.“Violence against women was always an appropriate topic for the blues,” the activist Angela Davis wrote in the book “Blues Legacies and Black Feminism.” Davis goes on to say that this is because the blues, as a genre, often blurred the boundaries that separate the “private sphere from the public,” making the violence that Black people experience in their homes as lyrically and politically relevant as what happened to them outdoors and on the road.Lincoln and Simone were, in some ways, extending a tradition that dated back to the early 20th century, when classic blues singers recorded songs about domestic violence, among them Ma Rainey in “Black Eye Blues” (written by Thomas A. Dorsey) and Bessie Smith in “Outside of That” (by Jo Trent and Clarence Williams).Later, Billie Holiday sang, “Well, I’d rather my man would hit me/Than for him to jump up and quit me” in her cover of the blues standard “T’ain’t Nobody’s Business if I Do.” (It’s worth noting that Dianne Reeves changed those lyrics in her 1997 take on the song to, “I’d rather my man quit me/Than for him to even rear up and think about how he might even try to hit me.”) Except for Rainey’s “Cell Bound Blues,” about a woman jailed for shooting her violent lover, most blues songs presented abuse against women matter-of-factly and as one of many experiences that led to their feeling the blues.“Blues for Mama” was the rare protest song that could galvanize multiple social justice movements — civil rights, women’s liberation and Black Power — at once. It would take a quarter century for Simone to reveal in her memoir, “I Put a Spell On You,” that her marriage in the 1960s to Andy Stroud was rife with violence, while Lincoln would later allude to the tumult in her relationship with Roach.“He was a great big drummer, but he was a gorilla,” Lincoln told The Chicago Tribune. “I got tired of him ‘gorilla-ing’ me and telling me what I had to do.” She also revisited the themes in the later part of her career when she, divorced from Roach, established herself as a consummate songwriter. She recorded “Blues for Mama” as “Hey, Lordy Mama” in 1995, and addressed abuse in the ballad “And It’s Supposed to Be Love” (1999).Perhaps Simone sensed even back then that “Blues for Mama” would have to be rediscovered to be more fully appreciated. That July evening at the Newport festival, she broke midsong to admonish her audience and declared, “I guess you ain’t ready for that.” More

  • in

    City in Mexico Bans Performances of Songs With Misogynistic Lyrics

    The city of Chihuahua said it would impose hefty fines on bands that perform songs with lyrics that “promote violence against women.”Fed up with persistent violence, officials in the city of Chihuahua in northern Mexico approved a ban last week forbidding musical acts from performing songs with lyrics that degrade women.Mayor Marco Bonilla of Chihuahua said in an video update last week that the law banned the performance of songs that “promote violence against women” or encourage their discrimination, marginalization or exclusion.Mr. Bonilla said that those who violate the ban could face fines ranging from 674,000 pesos to 1.2 million pesos, or between about $39,000 and $71,000.The City Council approved the ban unanimously on Wednesday amid a rise in killings of women across Mexico in recent years, and as Chihuahua, a city of about 940,000 residents, is struggling with its own cases of violence against women. Recently, Mr. Bonilla said, about seven out of 10 calls to 911 in Chihuahua have involved cases of domestic violence, particularly against women.“Violence against women has reached levels that we could consider like a pandemic,” he said. “We can’t allow this to happen, and we also can’t allow this to be normalized.”It was unclear from his message who would impose the fines or how the ban on misogynistic lyrics would be enforced. Money raised from the fines will be channeled to a women’s institute in Chihuahua and a confidential women’s shelter, said Blanca Patricia Ulate Bernal, a Chihuahua city councilwoman who proposed the ban.Ms. Ulate Bernal said in a post on Facebook last week that the law will apply to concerts and events in the city that require a municipal permit. She added that the ban would help ensure that women have the right “to enjoy a life free of violence.”Mr. Bonilla, Ms. Ulate Bernal and other council members did not immediately respond to requests for comment.The lyrics ban was passed about a month after Mexico’s president, Andrés Manuel López Obrador, criticized songs known as corridos tumbados, or trap ballads, whose lyrics glorify drug smugglers and violence.“We’re never going to censor anyone,” Mr. López Obrador said at a news conference in June. “They can sing what they want, but we’re not going to stay quiet.”The approval of the ban is not the first time the city of Chihuahua has taken a strong stance against the performance of certain songs. Citing high levels of drug violence, Chihuahua banned the long-running band Los Tigres del Norte in 2012 after a concert during which the group performed three songs known as narcocorridos, which celebrate the exploits of drug traffickers. The city also fined the concert organizers 20,000 pesos, or about $1,600, at the time. More

  • in

    Justin Roiland Leaves ‘Rick and Morty’ After Domestic Abuse Charges

    The title roles will be recast because Adult Swim has severed ties with Justin Roiland, the animated show’s co-creator.The animated sci-fi comedy “Rick and Morty” will recast its title roles after severing ties with Justin Roiland, a voice actor and the show’s co-creator, who has a pretrial hearing in April for felony domestic abuse charges from 2020.Adult Swim, Cartoon Network’s nighttime adult programming block, announced on Tuesday that it had “ended its association” with Roiland. “Rick and Morty will continue,” the statement said. “The talented and dedicated crew are hard at work on Season 7.”Roiland has also been removed from the animated Hulu comedy “Solar Opposites,” according to a statement by 20th Television Animation and Hulu Originals. He co-created the show, which was renewed for a fifth season in October, and voiced one of the main characters, Korvo.“Rick and Morty,” which debuted in 2013, follows the antics of Rick Sanchez, an alcoholic mad scientist, and his anxiety-riddled grandson, Morty Smith, as they travel to other planets and through myriad dimensions. Marie Moore, the senior vice president of communications at Warner Bros. Discovery, which owns Cartoon Network, said in an email on Wednesday that the title characters would be recast but that she had ​​no additional information on the recasting.Roiland developed the show with Dan Harmon, the creator of “Community,” who did not immediately respond to a request for comment.Roiland faces one felony count of domestic battery with corporal injury and one felony count of false imprisonment by menace, violence, fraud and/or deceit against an unnamed woman he was dating in 2020, according to Orange County Superior Court records. The charges were earlier reported by NBC News, which said most of the California court records are sealed under a protective order.There is no trial date for Roiland, 42, who has pleaded not guilty. He has had more than a dozen pretrial hearings, including one this month.Roiland’s lawyer, T. Edward Welbourn, did not immediately respond to requests for comment on Wednesday. In a statement to Rolling Stone, he said: “It is hard to overstate how inaccurate the recent media coverage of this situation has been. To be clear, not only is Justin innocent, but we also have every expectation that this matter is on course to be dismissed.”In addition to his television departures, Roiland recently resigned from the video game studio he co-founded, Squanch Games, which released High on Life last month.In 2018, “Rick and Morty” landed a 70-episode renewal deal from Adult Swim that it is halfway through. At that time, Adult Swim said the third season had earned the block’s highest ratings ever. More

  • in

    ‘The Fire that Took Her’ Review: An Unflinching Portrait of Pain

    This documentary charts the case of Judy Malinowski, a young mother who suffered debilitating burns after being set on fire by a man she had dated.The experiences of Judy Malinowski, an Ohio woman who testified in her own murder trial, could have been cooked up by the novelist Jodi Picoult in an alarming courtroom melodrama. Instead, this true story’s themes of domestic violence, traumatic injury and addiction are unpacked in the straightforward documentary “The Fire That Took Her.”Anchored by interviews with Judy’s family members, particularly her mother, Bonnie, the film recounts how Judy, a young mother of two daughters, began a volatile relationship with a man named Michael Slager. According to Bonnie, Michael manipulated their family and enabled Judy’s drug addiction, casting himself as her savior while supplying her with heroin. Then, amid an altercation in 2015, Michael doused Judy in gasoline and set her on fire.Miraculously, Judy survived for nearly two years after the attack, and the documentary frequently includes footage from the hospital room where Judy resided and received care. In interviews, the director Patricia E. Gillespie has said that while pitching the film, people often asked whether she could cover or blur Judy’s face to shield audiences from her burns. Gillespie refused, and her resolve to train her camera on Judy gives the film an unflinching quality.Testimonies from the detectives and attorneys on the case beget a host of true-crime clichés. Far more startling and heartbreaking, though, are the scenes of Bonnie at home with Judy’s daughters. Seated around the kitchen table, Bonnie gently debriefs them on their mother’s medical and legislative battles. To watch these girls strive to comprehend the incomprehensible is a singular kind of agony.The Fire that Took HerNot rated. Running time: 1 hour 34 minutes. In theaters. More

  • in

    Angelina Jolie Details Abuse Allegations Against Brad Pitt in Countersuit

    In court papers related to a legal battle over a French winery they once owned together, she claims that he was abusive to her and their children during a 2016 plane ride.Angelina Jolie filed a cross complaint against her ex-husband Brad Pitt on Tuesday, disclosing new details about what she described in court papers as abusive behavior by him on a private plane in 2016 that led to the dissolution of their marriage.In a court filing in Los Angeles, filed as part of a legal battle over a winery the prominent Hollywood actors once owned together, lawyers for Ms. Jolie stated that negotiations to sell her share of the business to Mr. Pitt had broken down over his demand that she sign “a nondisclosure agreement that would have contractually prohibited her from speaking outside of court about Pitt’s physical and emotional abuse of her and their children.”Her filing goes on to describe an extended physical and verbal outburst in September 2016 as Mr. Pitt, Ms. Jolie and their six children flew from France to California. “Pitt choked one of the children and struck another in the face” and “grabbed Jolie by the head and shook her,” the filing states, adding that at one point “he poured beer on Jolie; at another, he poured beer and red wine on the children.” Federal authorities, who have jurisdiction over flights, investigated the incident but declined to bring criminal charges. Days after the plane trip, Ms. Jolie filed for divorce.Lawyers for Mr. Pitt did not immediately return several phone calls and emails seeking his response on Tuesday. In 2016, unnamed people close to Mr. Pitt were quoted in various publications saying that he had not been abusive toward his children.The decoupling of Ms. Jolie and Mr. Pitt has stretched on for years, drawn out by a court battle for custody of their children and, more recently, a lawsuit instigated by Mr. Pitt over the French winery, Château Miraval, that the couple bought more than a decade ago. Mr. Pitt’s lawsuit, filed this year, accused his ex-wife of violating his “contractual rights” when she sold her half of the company to a subsidiary of Stoli Group without his approval.Ms. Jolie’s cross complaint said she only sold her stake elsewhere after talks broke down over his demand for a nondisclosure agreement. Her filing states that the F.B.I. agent who investigated allegations that Mr. Pitt physically assaulted Ms. Jolie and their children on the plane in 2016 had “concluded that the government had probable cause to charge Pitt with a federal crime for his conduct that day.”The Château Miraval property, which is near Brignoles, in the south of France, in 2008.Lionel Cironneau/Associated PressA redacted F.B.I. report on the case, which was reported on by several news outlets in August and later obtained by The New York Times, states that the agent provided the United States Attorney’s Office “copies of a probable cause statement related to this incident.”“After reviewing the document, representative of the United States Attorney’s Office discussed the merits of this investigation with the case agent,” the report said. “It was agreed by all parties that criminal charges in this case would not be pursued due to several factors.”The F.B.I. report described Ms. Jolie as “conflicted on whether or not to be supportive of charges” related to the case.Representatives from the F.B.I. and the U.S. Attorney’s Office in Los Angeles declined to comment.“She has gone to great lengths to try to shield their children from reliving the pain Pitt inflicted on the family that day,” Ms. Jolie’s lawyers wrote in the cross complaint. “But when Pitt filed this lawsuit seeking to reassert control over Jolie’s financial life and compel her to rejoin her ex-husband as a frozen-out business partner, Pitt forced Jolie to publicly defend herself on these issues for the first time.”According to Ms. Jolie’s account of the 2016 flight in the court papers, the dispute began when Mr. Pitt accused Ms. Jolie of being “too deferential” to their children and then began yelling at her in the bathroom. “Pitt grabbed Jolie by the head and shook her, and then grabbed her shoulders and shook her again before pushing her into the bathroom wall,” the filing states. “Pitt then punched the ceiling of the plane numerous times, prompting Jolie to leave the bathroom.”When one of the children came to Ms. Jolie’s defense, the court papers said, Mr. Pitt lunged at the child, prompting her to grab him from behind. Amid the altercation, Mr. Pitt “choked one of the children and struck another in the face,” the suit said.The 2016 flight has been the subject of news media reports since shortly after it occurred. In November of that year, the F.B.I. released a statement saying that it had closed its investigation into the flight and that no charges had been filed.Puck News reported this August that Ms. Jolie had been seeking information about the F.B.I.’s case as an anonymous plaintiff in a Freedom of Information Act lawsuit, with the publication including details of the report.It is unclear whether the heavily redacted F.B.I. report included allegations that Mr. Pitt had choked or struck any of the children.Ms. Jolie and Mr. Pitt met each other on the set of “Mr. & Mrs. Smith,” a 2005 action movie in which they played married assassins. In 2008, they purchased a controlling interest in Château Miraval, viewing it as both a family home and business; several years later, the couple was married on the property.Ms. Jolie and Mr. Pitt have six children, now between the ages of 14 and 21.The French winery, known for its rosé, is at the center of a legal dispute between the divorced couple.In February, Mr. Pitt sued Ms. Jolie and her former company, alleging that she violated his “contractual expectations” when she sold her interest in the wine company to Tenute del Mondo, a subsidiary of Stoli Group. According to his lawsuit, the former couple had an understanding that neither party would sell its share of the winery without the consent of the other.“Jolie pursued and then consummated the purported sale in secret, purposely keeping Pitt in the dark, and knowingly violating Pitt’s contractual rights,” his lawsuit alleged.Last month, Ms. Jolie’s former company, which is now owned by Stoli Group, countersued Mr. Pitt, rebutting his version of events and his claim that the sale constituted a “hostile takeover.”In Ms. Jolie’s own countersuit, filed in Los Angeles Superior Court on Tuesday, she said that she opted to sell her share of the wine business, in part, because she was growing uncomfortable with participating in an alcohol-related business, considering Mr. Pitt’s “acknowledged problem of alcohol abuse.” Mr. Pitt told The Times in 2019 that after Ms. Jolie filed for divorce, he spent time in Alcoholics Anonymous and was committed to sobriety.Her filing said there was no written or verbal understanding like the one Mr. Pitt described, claiming that Mr. Pitt had, in fact, rejected the idea that there needed to be a plan in case the relationship ended.In their lawsuits, Mr. Pitt and Ms. Jolie shared divergent accounts of how negotiations around him buying her portion of the wine company fell apart.Mr. Pitt’s lawsuit asserted that Ms. Jolie pulled out of the tentative deal last year after a judge overseeing the custody dispute issued a ruling against her, prompting her to turn to Stoli Group.Ms. Jolie’s countersuit claimed, however, that Mr. Pitt had been the one to pull out of the deal after she declined to agree to his nondisparagement clause, forcing her to turn to another buyer. More

  • in

    Johnny Depp’s Win in Court Could Embolden Others, Lawyers Say

    The actor’s victory against his ex-wife Amber Heard in one of the highest profile defamation cases to go to trial could inspire others to try their luck with juries.As the #MeToo movement fueled a public airing of sexual assault and misconduct allegations, defamation lawsuits quickly became a tool for both the accused and accusers to seek retribution and redemption.Men accused of misconduct have increasingly turned to defamation suits to try to clear their names, as have victims accused of making false allegations. But between the high costs of lawyers’ fees and the fears of revealing embarrassing details in open court, many such cases are settled before they ever reach trial.The bitter legal battle between the actor Johnny Depp and his ex-wife Amber Heard was closely watched in part because it was one of the highest-profile defamation cases to make it to trial recently, and several lawyers said that Mr. Depp’s victory in a Virginia court on Wednesday — when he was awarded more than $10 million in damages — could embolden others accused of abuse or misconduct to try their luck with juries, despite the real risks of airing dirty laundry in public.Ugly charges of physical abuse and lurid testimony came to define the Depp-Heard trial, which included one line of questioning about actual dirty laundry: the couple’s fierce argument over how the sheets in a Los Angeles penthouse where they were staying had become befouled. But the jury found in the end that Ms. Heard had defamed Mr. Depp in a 2018 op-ed in The Washington Post in which she referred to herself as a “public figure representing domestic abuse.”“Some people will definitely look at this as a playbook for suing your accuser,” said Charles Tobin, a First Amendment lawyer who practices in Fairfax, Va., where the trial played out over six weeks, and who briefly represented the former employer of a witness called in the Depp case. The proceedings were broadcast and livestreamed far beyond the walls of the courtroom.The $10.35 million award to Mr. Depp was offset by a $2 million partial victory for Ms. Heard, who countersued Mr. Depp for defamation after a lawyer representing him made several statements to a British tabloid calling her abuse accusations a “hoax.” The jury did not find two of those statements defamatory, but found that a third — in which the lawyer had accused Ms. Heard of damaging the couple’s penthouse and calling 911 “to set Mr. Depp up” — did defame her.Mr. Depp praised the verdict, saying that “the jury gave me my life back,” while Ms. Heard described it as “heartbreaking.”The outcome differed from that of a case in Britain, where a judge had ruled two years ago that there was evidence that Mr. Depp had repeatedly assaulted Ms. Heard. That ruling came in a libel suit that Mr. Depp had filed after The Sun, a British tabloid newspaper, called him a “wife beater” in a headline. While Britain is sometimes considered hospitable to libel cases, the judge who heard that case, Andrew Nicol, found that there was sufficient proof to conclude that most of the assaults Ms. Heard described had occurred, and he determined that what the newspaper had published was “substantially true.”Several high-profile defamation cases in recent years have been settled before they reached trial. In 2019, seven women who had accused Bill Cosby of sexual assault, and then sued him for defamation after they were accused of lying, settled their claims; a spokesman for Mr. Cosby said that his insurance company had decided to settle the cases without his consent. And the casino mogul Steve Wynn recently agreed to a settlement of a defamation suit he had filed against the lawyer Lisa Bloom, who said she would retract a statement accusing him of inappropriate behavior involving a client.In the wake of the Depp verdict, several lawyers and legal experts said, people accused of assault and misconduct may now be more inclined to try to bring defamation cases to trial. And some advocacy organizations and lawyers worry that the case could have a chilling effect on the victims of domestic violence or sexual abuse, adding to their fears that they could be punished for speaking out.“I do think that well-resourced individuals who feel slighted by speech that embarrassed or criticized them in some way may feel emboldened by this verdict,” said Nicole Ligon, a First Amendment law professor who provides pro bono legal advice for people considering going public with sexual misconduct accusations. “I imagine part of the reason they’ll feel emboldened is beyond the verdict itself but the public reaction to it.”The trial was captured by two cameras in the courtroom that allowed the testimony to be packaged into memes and online commentary — much of which mocked Ms. Heard’s accusations of abuse. In an interview with NBC’s “Today” show on Thursday, one of Ms. Heard’s lawyers, Elaine Charlson Bredehoft, said that the cameras had turned the trial into a “zoo.”Before the trial, Ms. Bredehoft had sought to persuade the judge to block cameras from the courtroom, arguing that Ms. Heard would be describing incidents of alleged sexual violence and predicting that “anti-Amber” networks would take statements out of context and play them repeatedly.“The potential for saturation of an unsequestered jury is a tremendous risk in this case,” Ms. Bredehoft argued, according to a court transcript from February.Judge Penney S. Azcarate ordered that cameras be allowed, maintaining that Ms. Bredehoft’s argument about victims of sexual offenses would only pertain to criminal trials. The judge suggested that allowing cameras could make the make the courthouse “safer” by giving a broader audience of viewers access to the case remotely.Mr. Depp may have won a victory in court, but it may take more than that to revive his career, or for Walt Disney Studios, which has cast Mr. Depp in several starring roles, to get back into business with him.The studio declined to comment, but two Disney executives privately pointed to his box office track record as the primary reason: None of his Disney movies have succeeded outside of the “Pirates of the Caribbean” franchise since “Alice in Wonderland” in 2010. “Alice Through the Looking Glass” was a misfire in 2016, taking in 70 percent less than its predecessor worldwide. “The Lone Ranger” was a big-budget bomb in 2013. Except as Captain Jack Sparrow in the “Pirates” films, he has not been a box office draw recently.Johnny Depp’s Libel Case Against Amber HeardCard 1 of 7In the courtroom. More

  • in

    Johnny Depp-Amber Heard Verdict: The Actual Malice of the Trial

    In this post-#MeToo moment, misogyny and celebrity go hand in hand.The Johnny Depp-Amber Heard defamation trial was, from gavel to gavel, a singularly baffling, unedifying and sad spectacle. Now that it has ended with the jury finding in favor of Depp on all questions and in favor of Heard on only one, it’s clear that the confusion was the point.Why did Depp, who had already lost a similar case in Britain, insist on going back to court? A public trial, during which allegations of physical, sexual, emotional and substance abuse against him were sure to be repeated, couldn’t be counted on to restore his reputation. Heard, his ex-wife, was counting on the opposite: that the world would hear, in detail, about the physical torments that led her to describe herself, in the Washington Post op-ed that led to the suit, as “a public figure representing domestic abuse.”Even before the verdict came in, Depp had already won. What had looked to many like a clear-cut case of domestic violence had devolved into a “both sides” melodrama. The fact that Heard’s partial victory, which involved not Depp’s words but those spoken in 2020 by Adam Waldman, his lawyer at the time, can be spun in that direction shows how such ambiguity served Depp all along. As one commenter on The New York Times site put it, “Every relationship has its troubles.” Life is complicated. Maybe they were both abusive. Who really knows what happened? The convention of courtroom journalism is to make a scruple of indeterminacy. And so we found ourselves in the familiar land of he said/she said.The Depp-Heard trial was a singularly baffling, unedifying and sad spectacle, both inside the courtroom and out. Craig Hudson/Associated PressWe should know by now that the symmetry implied by that phrase is an ideological fiction, that women who are victims of domestic violence and sexual assault have a much harder time being listened to than their assailants. I don’t mean that women always tell the truth, that men are always guilty as charged, or that due process isn’t the bedrock of justice. But Depp-Heard wasn’t a criminal trial; it was a civil action intended to measure the reputational harm each one claimed the other had done. Which means that it rested less on facts than on sympathies.In that regard, Depp possessed distinct advantages. He isn’t a better actor than Heard, but her conduct on the stand was more harshly criticized in no small part because he’s a more familiar performer, a bigger star who has dwelled for much longer in the glow of public approbation. He brought with him into the courtroom the well-known characters he has played, a virtual entourage of lovable rogues, misunderstood artists and gonzo rebels. He’s Edward Scissorhands, Jack Sparrow, Hunter S. Thompson, Gilbert Grape.We’ve seen him mischievous and mercurial, but never truly menacing. He’s someone we’ve watched grow up, from juvenile heartthrob on “21 Jump Street” to crusty old salt in the “Pirates of the Caribbean” franchise. His offscreen peccadilloes (the drinking, the drugs, the “Winona Forever” tattoo) have been part of the pop-cultural background noise for much of that time, classified along with the scandals and shenanigans that have been a Hollywood sideshow since the silent era.Depp is someone audiences have watched grow up onscreen, in movies like (clockwise from top left) “Edward Scissorhands,” “What’s Eating Gilbert Grape,” “Pirates of the Caribbean” and “Fear and Loathing in Las Vegas.”Clockwise from top left: 20th Century Studios; Paramount Pictures, via RGR Collection/Alamy; Universal Pictures, via TCD and Prod.DB/Alamy; Disney, via Moviestore Collection Ltd/AlamyIn his testimony, Depp copped to some bad stuff, but this too was a play for sympathy, of a piece with the charm and courtliness he was at pains to display. That he came off as a guy unable to control his temper or his appetites was seen, by many of the most vocal social media users, to enhance his credibility, while Heard’s every tear or gesture was taken to undermine hers. The audience was primed to accept him as flawed, vulnerable, human, and to view her as monstrous.Because he’s a man. Celebrity and masculinity confer mutually reinforcing advantages. Famous men — athletes, actors, musicians, politicians — get to be that way partly because they represent what other men aspire to be. Defending their prerogatives is a way of protecting, and asserting, our own. We want them to be bad boys, to break the rules and get away with it. Their seigneurial right to sexual gratification is something the rest of us might resent, envy or disapprove of, but we rarely challenge it. These guys are cool. They do what they want, including to women. Anyone who objects is guilty of wokeness, or gender treason, or actual malice.Of course there are exceptions. In the #MeToo era there are men who have gone to jail, lost their jobs or suffered disgrace because of the way they’ve treated women. The fall of certain prominent men — Harvey Weinstein, Leslie Moonves, Matt Lauer — was often welcomed as a sign that a status quo that sheltered, enabled and celebrated predators, rapists and harassers was at last changing.A few years later, it seems more likely that they were sacrificed not to end that system of entitlement but rather to preserve it. Almost as soon as the supposed reckoning began there were complaints that it had gone too far, that nuances were being neglected and too-harsh punishments meted out.This backlash has been folded into a larger discourse about “cancel culture,” which is often less about actions than words. “Cancellation” is now synonymous with any criticism that invokes racial insensitivity, sexual misbehavior or controversial opinions. Creeps are treated as martyrs, and every loudmouth is a free-speech warrior. Famous men with lucrative sinecures on cable news, streaming platforms and legacy print publications can proclaim themselves victims.Johnny Depp’s Libel Case Against Amber HeardCard 1 of 7In the courtroom. More