Court deals a fatal blow in Amber Heard’s fight to dismiss Johnny Depp judgment

The Aquaman star is fast running out of ways to avoid paying a massive defamation judgment after a court rejected all the last-ditch efforts to dismiss the ruling.

Amber Heard was denied a new trial after all her post-trial motions were rejected, with a judge ruling that no prejudice occurred in the defamation case filed against her by Johnny Depp.

Defence lawyers had asked Judge Penney Azcarate to set aside the verdict awarding $10.35 million to the “Pirates of the Caribbean” star because one of the seven jurors was not the man summoned for service.

The denial means Heard must now formally appeal the decision if she hopes to avoid the payout, which comes to a balance of $8.35 million (AUD$12m) after accounting for the $2m ruling in her favour.

Heard’s legal team has indicated they would appeal, but had asked for a mistrial due to the case of mistaken identity in which the son of the man summoned turned up for jury duty instead.

Amber Heard departs the Fairfax County Courthouse. Picture: Getty Images

But Judge Azcarate said there was no evidence of fraud or wrongdoing in the mix-up, and the juror met the statutory requirements for service.

“Defendant does not allege Juror Fifteen’s inclusion on the jury prejudiced her in any way,” Azcarate wrote.

“The juror was vetted, sat for the entire jury, deliberated, and reached a verdict.

“The only evidence before this Court is that this juror and all jurors followed their oaths, the Court’s instructions, and orders. This Court is bound by the competent decision of the jury.”

In post-trial motions, Heard’s legal team challenged the verdict on several grounds, including the case of the juror’s mistaken identity.

While Azcarate dismissed all the motions, she only commented on that of the juror who answered the summons in place of his father.

She cited the statutory code of Virginia that states an error in the information of a jury panel “shall not be grounds for a mistrial”.

The seven-member jury awarded damages to Depp after finding that a 2018 newspaper article penned by Heard on her experience of “sexual violence” was defamatory.

‘GOLD DIGGER’ SLAMMED BY HOLLYWOOD LEGEND

Hollywood icon Mickey Rourke lashed out at “gold digger” Amber Heard, revealing he was also unfairly cancelled like Johnny Depp.

Speaking to Piers Morgan on Sky News Australia’s Talk TV, Rourke said he has known Depp for “many years” and felt bad for his treatment by Heard.

“I was in a situation one time where I got blamed for something that I didn’t do. It cost me movie jobs for several years and it caused a bad reputation, Rourke said.

“And finally, the truth came out but the truth came out after I lost movies and I lost jobs and. and so I felt bad for somebody that is trying to get chopped down by some gold digger, you know.”

When Morgan asked he thought Heard, specifically, was a gold digger, Rourke replied: “Abso- f***ing-lutely. Absolutely.”

Mickey Rourke, with Penelope Cruz and Kate Winslet, after winning Best Actor award for his role in 'The Wrestler'. Picture: AP Photo

It comes as lawyers for Depp said the 26-year-old Aquaman star’s motions for a new trial “verge into the frivolous”.

Depp has asked the judge in Fairfax, Virginia, to uphold the USD $10.35 million verdict he won last month, The New York Post reports.

Specifically, Heard’s claims that Juror 15 was not the person who was summoned for jury duty, tainting her right to a fair trial, should be rejected, Depp’s lawyers wrote in court papers filed on Monday, according to the Post.

Johnny Depp performs on stage with Jeff Beck during the Helsinki Blues Festival in Helsinki last month. Picture: AFP

Lawyers for Depp, 59, claim that what Heard’s team presents as “new” pieces of information about the juror in question – who was seated at the trial – were facts that were available to her when their defamation trial began.

The clerk’s office gave both sides the “pre-panel jury list” more than two months before the blockbuster proceedings started. And Heard admitted that she knew there were problems with Juror 15 when trial began, the filing claims.

Amber Heard leaves s the Fairfax County Circuit Courthouse on June 1 after the verdict. Picture: AFP

“Ms Heard therefore concedes she had more than enough time before the trial started, and during the six-week trial, when at least two alternates were available, to investigate and discover the alleged ‘new’ facts,” the court document states, according to the Post.

Last week, Heard’s team argued that there were two people with the same last name living at the same address – one 77 and one 52. But the younger one showed up for jury duty despite the summons going out to the older person.

Johnny Depp looks on during the bombshell defamation trial. Picture: AFP

“It is deeply troubling for an individual not summoned for jury duty nonetheless to appear for jury duty and serve on a jury, especially in a case such as this,” her lawyers wrote in the papers arguing for a new trial.

But Depp’s team said that even if “a son served instead of his father, there would be no prejudice, as Juror 15 was qualified to serve as a juror in Fairfax County and was vetted by the court and the parties counsel just as all of the other jurors were.”

To add to her legal woes, Heard is being sued by an insurance company.

She is set to appeal the USD $10.35 million ruling, which comes to a balance of $8.35 million (AUD$12m) after the $2m ruling in her favour.

Travellers Commercial Insurance “has spent and continues to spend substantial sums” helping Heard fight the lawsuit, according to new court filings.

Heard’s insurance company now claims it does not have to pay Heard on the policy, which provided liability protection up to USD$1 million.

Another insurance company, New York Marine and General Insurance Co., filed the lawsuit in federal court after Travellers Commercial Insurance pursued New York Marine for its share of the costs.

Amber Heard waits before the jury said that they believe she defamed ex-husband Johnny Depp. Picture: AFP

New York Marine claims they should be absolved of duty to pay for her defence, should not be required to pay the multimillion judgment, and not pay any costs of an appeal, according to the complaint lodged in the US District Court in California and published by Law & Crime.

The company insured Heard in 2018 and 2019, during the time she published the now-infamous Washington Post op-ed calling herself “a public figure representing domestic abuse,” and when Depp filed his libel case against her.

The complaint argues that because Heard was found to have acted with malice, the company should not have to indemnify Heard.

Johnny Depp gestures to fans during a recess outside court. Picture: Getty Images

The actress, who was reportedly “broke”, will have to pay roughly USD $621,000 interest per year if she doesn’t pay the full amount.

In a statement shared with media, a spokesperson for Ms Heard referenced January 6 hearings to confirm the actress would appeal.

“As stated in yesterday’s congressional hearings, you don’t ask for a pardon if you are innocent. And, you don’t decline to appeal if you know you are right.”

Heard had 30 days to file a notice of appeal. Depp’s legal team also objected to the settlement against him, opening the possibility of an appeal to the part of the verdict in Heard’s favour.