More stories

  • 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

  • in

    Johnny Depp Jury Finds That Amber Heard Defamed Him in Op-Ed

    The jury in Virginia found that Ms. Heard had damaged her ex-husband’s reputation with an op-ed in which she identified herself as a “public figure representing domestic abuse.”For six weeks, the defamation case that the actor Johnny Depp filed against his ex-wife Amber Heard transfixed the nation, offering a rare instance of high-profile #MeToo charges and countercharges, including lurid accusations of physical abuse, being hashed out in the public spotlight of a courtroom.On Wednesday, the seven-person jury in Fairfax, Va., found that Mr. Depp had been defamed by Ms. Heard when she described herself in a 2018 op-ed in The Washington Post as a “public figure representing domestic abuse.” Mr. Depp was awarded more than $10 million in damages.During the trial Mr. Depp had fiercely denied Ms. Heard’s accusations that he had subjected her to repeated physical abuse that included punching and head-butting and several instances of sexual assault. In a statement after the verdict Mr. Depp thanked the jury, saying that it “gave me my life back.”Ms. Heard, who was in the courtroom as the verdict was read, said in a statement afterward that she was disappointed “beyond words” by their finding.“I’m heartbroken that the mountain of evidence still was not enough to stand up to the disproportionate power, influence, and sway of my ex-husband,” she said.Ms. Heard did not seem buoyed by the fact that the jury also awarded her $2 million in damages, agreeing that she had been defamed in one instance by a lawyer for Mr. Depp. A spokeswoman for Ms. Heard, Alafair Hall, said she planned to appeal.A jury found that Johnny Depp and his ex-wife Amber Heard were both defamed.Craig Hudson/Associated PressSuch cases are often settled out of court, in part to avoid public scrutiny. The bitter charges and embarrassing details in this case were aired not only in open court, but also before cameras that beamed every accusation onto televisions and livestreams, where they were turned into memes and debated on social media.The 2018 op-ed that Ms. Heard wrote never mentioned Mr. Depp by name, but he argued that it clearly referred to their marriage, which began in 2015 and fell apart just over a year later, and that it was false. (Early drafts of it were prepared by the American Civil Liberties Union, where Ms. Heard was an ambassador with a focus on women’s rights and gender-based violence.)The jury agreed, and found that it contained several statements that were false, and were made with actual malice.Ms. Heard countersued, claiming that she had been defamed in 2020 when one of Mr. Depp’s lawyers at the time had dismissed her accusations as a “hoax” in statements to a British tabloid. The jury found that Mr. Depp had defamed Ms. Heard in one instance, when the lawyer accused her of damaging the couple’s penthouse and blaming it on Mr. Depp.The verdict came as a surprise to several legal observers, who noted that a judge in Britain 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. The judge in that case had ruled that the defendants had shown that what they published was “substantially true.”Ms. Heard, 36, maintained throughout the trial that everything written in the op-ed was true.Amber Heard leaves the courthouse in Virginia after the jury’s verdict in the libel case brought by her ex-husband.Tom Brenner/ReutersThe combination of star power, sensational details and cameras in the courtroom turned the trial into an internet obsession. Memes and posts attacking Ms. Heard, some created by superfans of Mr. Depp, proliferated online. Ms. Heard testified that she had received thousands of death threats since the start of the trial and called the online mockery “agonizing.”Sometimes breaking into sobs on the stand, Ms. Heard testified about more than a dozen times that, she said, Mr. Depp was violent toward her. In a key incident in Australia in 2015, Ms. Heard said, Mr. Depp became “belligerent” after taking the drug MDMA and attacked her, grabbing her by the neck and, at one point, sexually assaulting her with an object that Ms. Heard later determined to be a bottle.“I’m looking in his eyes and I don’t see him anymore,” Ms. Heard testified. “I’ve never been so scared in my life.”Mackenna White, a lawyer who counsels people as to the risks of publishing potentially contested accusations of sexual misconduct, said she worried that the online mockery of Ms. Heard would make some less likely to come forward.“The absolute destruction of Amber Heard is going to have an impact,” Ms. White said. “If you’re someone who’s worried about what could happen if you speak out, this could have the same chilling effect that we’ve been trying to reverse all these years.”Others saw the online reaction as a harbinger of what the jury would decide.“You have now millions of Americans weighing in as evidence unfolds in court — you can take that as an indication of how the case is going,” said Imran Ansari, a lawyer representing Alan Dershowitz in defamation suits involving Virginia Giuffre, who said she was a victim of Jeffrey Epstein’s sex trafficking operation and accused Mr. Dershowitz of being part of it, which he denies.Spectators outside the Virginia courthouse, many of them fans of Mr. Depp, reacted after the verdict was announced.Nicholas Kamm/Agence France-Presse — Getty ImagesMr. Depp, 58, gave a vastly different account of their relationship — and of the trip to Australia — in which Ms. Heard was the aggressor. Ms. Heard, he testified, had once been a girlfriend who seemed “too good to be true,” but turned into a partner who would taunt him, call him demeaning names, punch him and throw objects at him.In Australia, he testified, she threw a handle of vodka that exploded on his hand and severed his finger. (She denies throwing the bottle at him and said she only ever hit him in self-defense or in defense of her sister.)Johnny Depp’s Libel Case Against Amber HeardCard 1 of 7In the courtroom. More

  • in

    The Johnny Depp vs. Amber Heard Libel Case Is in the Jury’s Hands

    After closing arguments, the judge asked a jury in Virginia to decide a defamation trial that focused as much on domestic abuse as damaged reputations.After 23 days of testimony that painted conflicting pictures of a tumultuous Hollywood marriage, lawyers for Johnny Depp and Amber Heard delivered their closing arguments on Friday, seeking to persuade the jury that their client had been the person who was abused and defamed.Mr. Depp’s lawyers asserted that their movie star client had been falsely disparaged in a Washington Post op-ed in which Ms. Heard referred to herself as a “public figure representing domestic abuse.”The accusations of spousal abuse that she was referencing, the lawyers argued, had ruined Mr. Depp’s life.“We ask you to give Mr. Depp his life back by telling the world that Mr. Depp is not the abuser Ms. Heard said he is,” a lawyer for Mr. Depp, Camille Vasquez, said, “and hold Ms. Heard accountable for her lies.”Ms. Heard’s lawyers countered that not only were the accusations and the op-ed entirely true, but during legal proceedings in 2020, the actress was unfairly maligned when a lawyer, who represented Mr. Depp at the time, called her abuse accusations a hoax.“In Mr. Depp’s world, you don’t leave Mr. Depp, and if you do, he will start a campaign of global humiliation against you,” argued a lawyer for Ms. Heard, Ben Rottenborn.Now, the case is in the hands of seven jurors who deliberated until Friday evening and left the Fairfax County Circuit Court with instructions to return on Tuesday.The trial has drawn widespread attention because the proceedings have been both televised and livestreamed through a pair of cameras in the courtroom, a rarity in Virginia. On one YouTube channel streaming the proceedings, called Law & Crime Network, more than one million users were reported to be watching.There has been stiff competition to fill the public seats in the courtroom, with observers — most of them fans of Mr. Depp — lining up in the middle of the night to secure a spot. On Friday morning, about 150 people waited in line to get into the courtroom, with hundreds more lining a nearby road, some of them dressed as Mr. Depp’s movie characters.Peyton Elmendorf, a 27-year-old Depp fan, said that when she first heard about Ms. Heard’s accusations, she had misgivings about defending the actor given the #MeToo movement. But now, after hearing other of the actor’s romantic partners speak positively about him, she said she felt confident voicing her support.Our Coverage of the Johnny Depp-Amber Heard TrialA trial between the formerly married actors has become a fierce battleground over the truth about their relationship. What to Know: Johnny Depp and Amber Heard are suing each other with competing defamation claims, amid mutual accusations of domestic abuse.Stan Culture in the Courtroom: The closely watched trial is a case study in what happens when complex claims are filtered through the lenses of extreme fandom. TikTok’s Hate Machine: The online commentary about the trial quickly turned into an internet-wide smear campaign against Ms. Heard. Dressing to Suggest: Both litigants appeared notably sober in their fashion choices. That is no coincidental thing.“I knew he didn’t do it,” she said.Outnumbered outside the courthouse, but unpersuaded, Dan Kim, 26, quietly held a sign nearby that said “I stand with Amber.” He called it “crystal clear” that Mr. Depp had abused Ms. Heard.Supporters of Mr. Depp outside the courthouse on Friday.Craig Hudson/Associated PressUltimately, the jury must consider the veracity and reputational impact of a narrow set of statements. But the six-week trial has encompassed testimony about a vast array of alleged incidents from Mr. Depp and Ms. Heard’s marriage.Ms. Heard has accused Mr. Depp of repeated physical abuse that she said often coincided with drug and alcohol use and began with his accusing her of infidelity. She has also alleged several instances of sexual assault — including an accusation that he assaulted her with a bottle in Australia in 2015.Amber Heard, talking to one of her lawyers during the proceedings on Friday.Pool Photo via Steve Helber/ReutersMr. Depp has denied ever hitting or sexually assaulting Ms. Heard and has portrayed her as the aggressor in the relationship, recalling violence from her throughout their relationship, as well as angry tirades and demeaning name-calling. Ms. Heard has denied hitting Mr. Depp except in defense of herself or her sister.Testimony about the incidents often involved sensational details: disputed affairs with celebrities, graffiti written in blood and a missing chunk of Mr. Depp’s finger that forced the fifth “Pirates of the Caribbean” movie to pause production.In laying out the highlights of their evidence, Mr. Depp’s lawyers reminded the jury of witnesses who said they did not see injuries on Ms. Heard around the times she reported having them, showed a photo of him with a “shiner” that he said she gave him and replayed audio of arguments between the estranged couple in which Ms. Heard admits to having hit Mr. Depp. In one audio clip, Ms. Heard can be heard saying, “I did start a physical fight,” challenging her claim that she only hit Mr. Depp as a defense. (Ms. Heard testified that in those instances, she hit him in response to his own aggression.)His team also pointed to instances where there were no medical records or photographs to corroborate her allegations of abuse.“The ‘mountain of evidence’ that Mr. Depp abused Ms. Heard is simply not there,” Ms. Vasquez argued. “What we have is a mountain of unproven allegations that are wild, over the top and implausible.”Ms. Heard’s lawyers described witnesses who said she had told them about the abuse. Mr. Rottenborn played a video of Mr. Depp angrily slamming kitchen cabinets and showed jurors a text in which the actor told Ms. Heard’s father he had gone “too far in our fight.” He then showed the jury a photo of Ms. Heard with a red mark on her face after, she said, Mr. Depp hurled a phone at her. Elaine Charlson Bredehoft, another of her lawyers, reminded the jury about a forensic psychologist who testified to reviewing a therapist’s notes — which were not entered into evidence — that reflect contemporaneous reports from Ms. Heard where she complained of sexual abuse.“A ruling against Amber here sends a message that no matter what you do, as an abuse victim, you always have to do more,” Mr. Rottenborn said. “No matter what you document, you always have to document more. No matter whom you tell, you always have to tell more people.”Johnny Depp’s Libel Case Against Amber HeardCard 1 of 6In the courtroom. More

  • in

    Amber Heard’s Account of Abuse Challenged by Johnny Depp’s Lawyer

    During tense cross-examination, Ms. Heard was asked why she had not presented medical records to back up her account of key incidents in which she said Mr. Depp struck her.A lawyer for Johnny Depp sought to discredit abuse accusations by his ex-wife, Amber Heard, during cross-examination on Tuesday, confronting her with audio recordings of the couple’s arguments as well as text messages and love notes that the lawyer suggested showed Ms. Heard to be an unreliable witness.As Ms. Heard finished her testimony at Fairfax County Circuit Court in Virginia, the lawyer, Camille Vasquez, challenged Ms. Heard’s assertions that she has only ever hit Mr. Depp as a defense. Ms. Vasquez played recordings from an argument several years ago in which Ms. Heard acknowledged, “I did start a physical fight,” and called Mr. Depp a “baby.”Ms. Heard testified that in that incident, she hit him only because he was trying to “bust” into the bedroom where she was trying to hide from him.“I accused him of being a baby for complaining about me hitting him when he was trying to get through the door that I was trying to barricade,” she testified on Tuesday.Ms. Heard, 36, is locked in a tense legal battle with Mr. Depp, 58, over competing defamation claims and has spent several hours during the trial sharing her accounts of repeated physical abuse throughout their relationship, as well as multiple instances of sexual assault. Mr. Depp has denied ever hitting or sexually assaulting her and has accused her of being the abuser in the relationship.Mr. Depp sued Ms. Heard three years ago over an op-ed, published in The Washington Post, in which she called herself a “public figure representing domestic abuse.” Ms. Heard countersued Mr. Depp, saying that his former lawyer had defamed her by calling her accusations of abuse a hoax.During one part of her questioning, Ms. Vasquez challenged an account of the aftermath of an incident in Australia in 2015, in which, according to Ms. Heard, Mr. Depp sexually assaulted her with a bottle and beat her while he was intoxicated on MDMA. Ms. Heard testified that after Mr. Depp’s attack, she had a bruised jaw, as well as cuts on her arms and feet from broken glass on the ground.“There is not a single medical record reflecting treatment for any of those injuries, is there, Ms. Heard?” Ms. Vasquez asked.“I didn’t seek treatment,” Ms. Heard replied.Mr. Depp has testified that he was the person injured that night when Ms. Heard threw a vodka bottle, hitting his hand and severing part of one of his fingers. Ms. Heard said he injured his finger by smashing a wall-mounted phone into “smithereens” while in a rage; Ms. Vasquez pointed to a lack of photographic evidence of the broken phone or of the injuries Ms. Heard said she suffered that night.Ms. Heard said documentation of the abuse was incomplete because she only started taking photos of her injuries “incidentally,” when she wanted to show a friend or her mother. She never envisioned a legal battle like this, she said.Ms. Vasquez also presented a love note that Ms. Heard wrote to Mr. Depp about two months after the Australia incident, which included the line, “I have seen in you the true bones of friendship and respect.”Ms. Heard said the couple had been in a “honeymoon period” at the time.As in Mr. Depp’s testimony, Ms. Heard’s cross-examination involved an airing of insults she had hurled at him during arguments. In one recording, Ms. Heard can be heard calling him a “sellout” and a “joke.” She acknowledged on the stand that she called him “horrible, ugly things,” noting that he called her names, too. (In her lawyers’s cross-examination of Mr. Depp, they brought forward several text messages to other people in which he referred to Ms. Heard using insults and obscenities, including calling her a “worthless hooker.”)Johnny Depp has argued that his career was damaged by what he characterized as a false assertion by Ms. Heard that he had been violent toward her. Pool photo by Brendan Smialowski/EPA, via ShutterstockCentral to the case is the op-ed, and Ms. Vasquez sought to establish that, even if Ms. Heard did not mention Mr. Depp by name in the piece, it was clear that the subject was their relationship. Ms. Heard confirmed that when she said she became a “public figure representing domestic abuse,” she was referring to getting a temporary restraining order against Mr. Depp in 2016.Johnny Depp’s Libel Case Against Amber HeardCard 1 of 6In the courtroom. More

  • in

    Amber Heard Recounts Unraveling of Marriage to Johnny Depp

    The defamation trial involving the actors is entering a new stage as Ms. Heard faces aggressive cross-examination from Mr. Depp’s lawyers.Amber Heard testified on Monday in the defamation case brought by her ex-husband, Johnny Depp, that she filed for divorce and for a restraining order against him in 2016 after two blowout fights that made her fear for her safety.“I knew I had to leave him,” Ms. Heard testified. “I knew I wouldn’t survive it if I didn’t.”But after detailing the collapse of their marriage for several hours, Ms. Heard faced aggressive cross-examination from a lawyer for Mr. Depp, Camille Vasquez, who sought to discredit her account that the actor had beaten her repeatedly throughout their relationship.Citing incidents during which Ms. Heard testified that she had been struck, Mr. Depp’s lawyers displayed photos taken at the time that show no apparent bruising or swelling. Ms. Heard testified that she covered the injuries with makeup so the abuse would remain hidden after many of the incidents.“You should see what it looked like underneath the makeup,” Ms. Heard said of one photo she described as being taken the night after Mr. Depp hit her so hard that she thought her nose had been broken.As the trial at Fairfax County Circuit Court in Virginia entered its final two weeks, Ms. Heard spent the opening hours of the day finishing her testimony before facing off with Mr. Depp’s legal team, who questioned whether her accounts of spousal abuse were accurate and whether she had actually donated the money she secured through her divorce to charity, as she had pledged.Her testimony included her account of the first time the issue of spousal abuse by Mr. Depp came into public view, in May 2016, after paparazzi photographed Ms. Heard at a California court, where she obtained a temporary restraining order against him. She had what appeared to be a bruise under one eye, and she told the court then, in a filing, that Mr. Depp had hurled a cellphone at her during an argument about a week earlier, hitting her in the face.“The violence was now normal and not the exception,” Ms. Heard told the jury on Monday.Mr. Depp, 58, sued Ms. Heard, 36, for defamation after The Washington Post published an oped by Ms. Heard in 2018 in which she called herself a “public figure representing domestic abuse.” The article did not mention Mr. Depp by name, but he has asserted that it clearly alluded to their relationship. The jury is also considering a countersuit filed by Ms. Heard, which accuses Mr. Depp of defaming her when his former lawyer made statements saying her accusations were a hoax.In addition to repeated physical abuse, Ms. Heard has described multiple instances of sexual assault by Mr. Depp. He has accused her of being the aggressor in the relationship and denied ever hitting or sexually assaulting her.Ms. Heard testified on Monday about one confrontation that occurred after Mr. Depp missed her birthday dinner in April 2016 because he had a business meeting. When they were alone later that night, he initiated a physical fight, she said, and shoved her, grabbed her by the hair and threw a bottle of champagne at her, missing her.Ms. Heard said she did not see her then-husband for about a month after that. But in May 2016, when Mr. Depp visited the penthouse in Los Angeles where Ms. Heard was staying, the couple ended up arguing about Mr. Depp’s accusation that she or a friend had defecated in the couple’s bed as a “prank.” Ms. Heard called the accusation a “delusion,” attributing the feces to one of the couple’s dogs.During the confrontation, Ms. Heard said, she was on the cellphone with a friend, who, overhearing the commotion and screaming, warned Ms. Heard that she wasn’t safe. That prompted Mr. Depp, she said, to grab the phone from her.“He pulls his arm back with the phone and throws it at my face,” she said. “I put my head in my hands and immediately start crying.”According to court papers, the friend on the phone called 911, but when the police arrived, Ms. Heard refused to cooperate.“I wanted to protect Johnny,” she testified on Monday. “I didn’t want him to be arrested.”But two days later, she said, she filed for divorce, and several days after that, she filed for the restraining order because she was experiencing extreme anxiety and wanted an assurance that Mr. Depp would not return to where she lived. (She agreed to drop a request for a permanent restraining order as part of their divorce agreement.)Johnny Depp, waving to observers in the gallery in the courtroom on Monday.Pool photo by Steve Helber via ReutersMr. Depp’s account of those two incidents was markedly different during his testimony earlier in the trial. He said he had an important meeting about his finances and was late for Ms. Heard’s birthday party, prompting her to lash out at him later that night. He testified that she punched him in the face twice before he left the building and stayed elsewhere. His mother died while the couple was separated, and when he called Ms. Heard to tell her the news, he also told her he planned to file for divorce, Mr. Depp testified.“Somebody had to call it,” he acknowledged.When he returned to the penthouse to pick up some of his belongings, Mr. Depp testified, the couple got into an argument about the feces that an employee had found in the bed the previous month. Mr. Depp said he did not throw the phone at her, but rather, he “flopped” it onto the couch. He accused Ms. Heard of faking that she had been injured during the confrontation in order to convince her friends that she was in some peril.Johnny Depp’s Libel Case Against Amber HeardCard 1 of 6In the courtroom. More

  • in

    Amber Heard Accuses ‘Belligerent’ Johnny Depp of Sexual Assault

    With graphic depictions of what she described as physical attacks, she sought to counter the actor’s testimony that she had been the aggressor.Amber Heard described in graphic detail on Thursday how, she said, her ex-husband, Johnny Depp, beat and sexually assaulted her during a trip to Australia, during which she experienced the worst fear of her life.Ms. Heard, testifying in the defamation case filed against her by Mr. Depp, said the couple took the trip in 2015, shortly after they were married, because the actor was needed for the filming of the fifth “Pirates of the Caribbean” movie. But, while there, Mr. Depp took MDMA, became “belligerent” and attacked her, hitting her in the face, throwing her across the room, ripping off her nightgown and grabbing her by the neck, she said.“I’m looking in his eyes and I don’t see him anymore,” Ms. Heard, who sometimes broke into sobs during her testimony, said. “I’ve never been so scared in my life.”Ms. Heard described the encounter during her second day of testimony in Fairfax County Circuit Court, where she and Mr. Depp are locked in a tense legal battle over just who defamed whom. In his own testimony, Mr. Depp denied hitting Ms. Heard and denied sexually assaulting her, accusing her of being the aggressor in the relationship.The incident in Australia has emerged as a key point of contention in a trial that has focused on competing, and contradictory, accusations of spousal abuse. At some point during the confrontation Ms. Heard described, part of the middle finger on Mr. Depp’s right hand had been severed, but the couple has presented differing accounts of how it actually happened and who was to blame.Ms. Heard, 36, said Mr. Depp, 58, was angry about several issues, including his suspicion that she had been having an affair with another actor and his contention that she had been unkind to his sister. She said his attack escalated from vulgar name-calling to threats and violence. In an argument over his drinking, she said, she had thrown a liquor bottle on the ground.“That really set him off,” she said.Ms. Heard testified that during the fight, Mr. Depp threw bottles at her, missing, and that later he sexually assaulted her with a bottle. She said that, though she could not see the bottle at the time, she was later able to deduce what the object had been.According to Ms. Heard’s account, Mr. Depp severed his finger when he picked up a phone from the wall and smashed it into pieces. She said that after the attack she returned to that area of the house and found messages written on the walls and objects in the room, in blood and paint.During his testimony earlier in the trial, Mr. Depp said his finger had been severed when Ms. Heard threw a handle of vodka at him that had shattered on his hand. He said she had been upset about a meeting she had with a lawyer over a potential postnuptial agreement, and described her following him around the house, screaming obscenities and “hammering me with brutal words.” He testified that when she discovered him drinking, she hurled a bottle of vodka at him, which missed, and then another, which made contact.As his hand bled “like Vesuvius,” Mr. Depp testified, he experienced a “nervous breakdown” and used his bloody finger to write on the walls messages that “represented lies that she told me.”Mr. Depp’s lawsuit seeks $50 million in damages and cites what it describes as damage done to his reputation and career by an op-ed piece written by Ms. Heard.Pool photo by Jim Lo ScalzoDuring her first day of testimony on Wednesday, Ms. Heard testified that Mr. Depp physically abused her throughout their relationship, recalling that his anger was triggered by suspicions she was being unfaithful, which would not abate despite her repeated denials.In his testimony, Mr. Depp had denied ever hitting Ms. Heard and accused her of being the person who resorted to violence by punching him, throwing objects at him and, once, kicking a bathroom door into his head. In court papers, Ms. Heard denied hitting Mr. Depp except in self-defense or in defense of her sister.Johnny Depp’s Libel Case Against Amber HeardCard 1 of 6In the courtroom. More

  • in

    Depp’s $22.5 Million ‘Pirates’ Deal Collapsed After Op-Ed, Manager Testifies

    Mr. Depp’s talent manager said the actor had been up to play Captain Jack Sparrow again until his ex-wife, Amber Heard, wrote an op-ed saying she was a “public figure representing domestic abuse.”Johnny Depp’s talent manager testified on Monday in the actor’s defamation trial that Mr. Depp lost a $22.5 million deal to star in a sixth “Pirates of the Caribbean” movie after his ex-wife, Amber Heard, published an op-ed in which she called herself a “public figure representing domestic abuse.”The exact timing of when Mr. Depp was cut from the “Pirates” franchise has become a pertinent question in the trial because Mr. Depp’s lawsuit against Ms. Heard claims that her op-ed, published by The Washington Post in December 2018, “devastated” his reputation and career.Although the op-ed does not mention Mr. Depp by name, he has argued that it clearly referred to their relationship. Ms. Heard has accused Mr. Depp of assaulting her repeatedly during their relationship, which Mr. Depp denies.At Fairfax County Circuit Court in Virginia, the talent manager, Jack Whigham, testified that the actor had a verbal agreement with Disney to reprise his role as Captain Jack Sparrow in a proposed sixth film, but that in early 2019, it became clear that Disney was “going in a different direction.”“After the op-ed, it was impossible to get him a studio film,” testified Mr. Whigham, who has represented Mr. Depp since 2016.Lawyers for Ms. Heard have argued that it was not the actress’s op-ed that undermined Mr. Depp’s career but rather his own actions that led to bad publicity, seeking to prove during cross-examination of Mr. Whigham that Mr. Depp had, in fact, lost the “Pirates” job before the article was published.Elaine Charlson Bredehoft, a lawyer for Ms. Heard, pointed to a previous deposition by Mr. Whigham in which he said that it had been the fall of 2018 — before the op-ed was published — when he came to understand that it was becoming unlikely that Mr. Depp would appear in the next “Pirates” movie.Mr. Whigham testified that around that time, Disney had not yet made a decision about whether Mr. Depp would appear in the movie and it was “trending badly,” but he and the film producer Jerry Bruckheimer were still seeking to convince the company to keep Mr. Depp in the franchise.“We had hope,” Mr. Whigham said, “and it became clear to me in early 2019 that it was over.”In the op-ed, Ms. Heard asserted that her own career had been affected by becoming a “public figure representing domestic abuse,” saying that she was dropped as the face of a fashion brand and a movie had recast her role.The idea for the op-ed came from the American Civil Liberties Union, and a communications department employee from the nonprofit organization drafted the article, according to earlier testimony from Terence Dougherty, general counsel for the A.C.L.U. Initially, the op-ed draft referenced Ms. Heard’s relationship with Mr. Depp directly. But those references were later edited out after back-and-forth between A.C.L.U. personnel and Ms. Heard’s lawyers about a nondisclosure agreement associated with the couple’s divorce, Mr. Dougherty testified.Aside from discussions about the op-ed on which Mr. Depp’s lawsuit is based, much of the trial has focused on diverging accounts of physical abuse in Ms. Heard and Mr. Depp’s relationship. Mr. Depp testified that he has never hit Ms. Heard and that she was the aggressor, accusing her of punching him in the face and kicking a bathroom door into his head. Ms. Heard, who has not yet testified in the trial, has said in court papers that she never hit Mr. Depp except in self-defense or in defense of her sister, and that Mr. Depp tended to perpetrate violence against her when he was under the influence of drugs or alcohol.Amber Heard has countersued Mr. Depp, asserting that his former lawyer defamed her by referring to her allegations as a hoax.Pool photo by Steve Helber/EPA, via ShutterstockOn Monday, Ms. Heard’s lawyers sought to undermine Mr. Whigham’s claim that Mr. Depp had a formal deal for the sixth “Pirates” movie at all.“Do you have any explanation for why there exists nothing — no piece of paper — nothing suggesting that Mr. Depp ever had a deal with Disney for ‘Pirates 6’?” Ms. Bredehoft asked.Mr. Whigham said it was not unusual for an actor to have a verbal agreement for a movie that is later put into writing.Ms. Bredehoft also pointed to other possible precursors to Mr. Depp’s reputational decline other than the op-ed, citing a headline from The Sun newspaper in Britain that called Mr. Depp a “wife beater.” That article was published in April 2018, she pointed out, and Mr. Depp sued the newspaper for it in June 2018 — both months before Mr. Whigham’s recollection of Disney’s declining interest in Mr. Depp for “Pirates.”(Ms. Heard’s potential witness list includes Tina Newman, a Disney executive.)Ms. Heard’s legal team has referred repeatedly to the defamation trial in Britain that arose from that lawsuit. But it appears that the team has been restricted from mentioning the outcome of the case, in which a judge in London ruled against Mr. Depp and found that there was “overwhelming evidence” that he had assaulted Ms. Heard repeatedly during their marriage. More