Johnny Depp, Amber Heard trial: Bold move by Depp’s legal team to end Heard’s case

In a huge move, Johnny Depp’s legal team has tried to get Amber Heard’s $134m counter claim thrown out claiming there are “gaping holes” with her case.

The jury in the Johnny Depp and Amber Heard court case has been told that the Hollywood actor was “cowering” from his then wife and “seemed almost afraid” as a row ensue between the pair.

The testimony was part of Tuesday’s proceedings in the explosive trial, part of which almost came to a shuddering halt today.

Depp’s legal team made a bold 11th hour move to throw out Amber Heard’s $US100 million ($A134 million) counterclaim against the actor.

Depp’s lawyer Benjamin Chew said Heard’s defamation case was based on allegedly defamatory statements made by Adam Waldman, an associate of the actor – but those statements couldn’t be assumed to have come from Depp.

Mr Chew said that was a “gaping hole” in Heard’s case.

The legal bid came as Heard’s team rested its case. It will call no more witnesses but will be able to cross-examine witnesses called by Depp.

Depp’s team has spent much of the day calling witnesses – including a senior Warner Brothers executive – pouring cold water on Heard’s claims that her career was stymied by allegations made against her. It was revealed she was almost dropped from Aquaman 2 altogether – but not because of alleged defamatory comments but because of her lack of “chemistry” with lead actor Jason Momoa.

Heard is being sued by Depp for $US50million ($A67m) for implying he abused her in a 2018 Washington Post op-ed. Although she did not name him, he claims her allegations are false and cost him lucrative movie roles.

Ms Heard has countersued, asking for $US100 million ($A134m) and claiming she suffered “rampant physical violence and abuse” at his hands but was defamed when claims were made that she had manufactured the allegations.

Supporters of actor Johnny Depp watch as he arrives at a Fairfax County Courthouse May 24, 2022 in Fairfax, Virginia. (Photo by Alex Wong/Getty Images)

Depp seemed “almost afraid” of Heard

Depp’s legal team called Morgan Night to the stand on Tuesday who ran a up-market trailer park in Hicksville, near Joshua Tree, in southern California.

In May 2013, Depp and Heard and their entourage stayed at the park.

He said he was talking to Depp when Heard came over and an argument ensued.

“She started yelling at him and I didn’t want to hear it. It honestly it was really triggering because emotionally abusive relationship,” said Mr Night.

“He was kind of cowering and seemed almost afraid and it was really odd to see because he was older than her obviously.”

Later, the actor approached him.

“He apologised profusely and said, I’m really sorry about that. She was upset,” said Mr Night.

Heard has also spoke about the night in the park and said she was the one under attack from Depp who trashed the trailer they were staying in.

In April, when Depp gave evidence about the Hicksville incident, Mr Night replied to a tweet that had referenced Heard’s claims.

“That never happened. I was with them all night. Amber was the one acting all jealous and crazy,” Mr Night wrote.

Heard’s lawyer accused Mr Night of being a “pretty big fan of Johnny Depp”.

But he insisted he was “absolutely not” a Depp fan and didn’t particularly want to testify but was compelled “to come and tell the truth”.

Bringing in the Hicksville incident accusations.

Johnny Depp will be accused of being jealous because a woman was "sitting close" to Amber Heard. Depp said she had "taken happy something."

Deep is accused of "removing her hand and yelling at Amber." pic.twitter.com/PF9rtBSiUu

— ThatUmbrellaGuy (@ThatUmbrella) April 21, 2022

Depp tries to get Heard case thrown out

Earlier on Tuesday, Depp’s lawyers tried to get Heard’s case thrown out.

In her counter claim, Heard has cited defamatory comments made by Adam Waldman. Mr Waldman worked for Depp’s legal several times since 2016.

In a number of media interviews, he called into doubt Heard’s claims against Depp and said she was engaging in an “abuse hoax”.

Mr Waldman told one media outlet that the Los Angeles police had opened an investigation against Ms Heard for perjury. However it was the LA Sheriff’s Department that launched a probe and that was after Mr Waldman had presented police with what he claimed were perjurious statements from Heard.

Amber Heard looks on in the courtroom. (Photo by JIM WATSON / POOL / AFP)

US actor Johnny Depp listens during the trial at the Fairfax County Circuit Courthouse in Fairfax, Virginia. (Photo by JIM WATSON / POOL / AFP)

When he was called to give testimony by Heard’s legal team, he refused at answer 75 questions including whether he was acting on behalf of Depp when he spoke to the media about Heard.

Mr Chew, for Depp, said that it was wrong to prosecute the actor for comments made by Mr Waldman as there was no proof Depp had any awareness of them.

“There is no evidence whatsoever Mr Depp even saw any of the statements made by Mr Waldman which Miss Heard is suing him for $100 million”.

In addition, he said Mr Waldman was a contractor and not an employee making the link between the two even more tenuous.

Johnny Depp and lawyer Adam Waldman at Depp’s UK defamation case in London in 2020. (Photo by DANIEL LEAL-OLIVAS / AFP)

However Benjamin Rottenborn, acting for Heard, rubbished the claims by Depp’s team.

He said the claims police were investigating Heard for perjury was a “shameful and sickening example of the length Mr Depp through his agent Mr Waldman would go through to smear Ms Heard.”

He continued that there was “plenty of evidence” that Mr Waldman was working at Depp’s behest including that he was referred to as Depp’s lawyer when he was making statements and admitted speaking on the actor's behalf.

Judge Penny Azcarte was not swayed by the arguments of Depp’s team. She said that Mr Waldman was Depp’s legal representative at the time he made the comments were made and therefore a relationship “could be inferred” between the two.

She struck out the motion, allowing Heard’s counterclaim to continue.

Jason Momoa and Amber Heard in a scene from the movie Aquaman. Warner Brothers considered dropping Heard altogether from the sequel. Picture: Warner Bros.

Studio considered dumping Heard from Aquaman 2

A core part of Heard’s argument has been that allegations made giant her by Depp or Mr Waldman affected her career, her earnings and saw he role in Aquaman 2 downgraded.

But appearing for Depp’s team, Warner Brothers executive Walter Hamada, president of DC films, said that wasn’t the case. Indeed the studio even considered dumping Heard altogether as she wasn’t right for the role.

Rather, he said, Aquaman 2 was built around the two male characters.

“The movie was always pitched as a buddy comedy between Jason Momoa and Patrick Wilson,” Mr Hamada said.

He also said there were delays with signing up Heard due to concerns about her chemistry with lead actor Momoa.

“Editorially, they were able to make that relationship work in the first movie but there was a concern that it took a lot of effort to get there and would we better off casting someone who had better more natural chemistry with Jason Momoa,”