Johnny Depp, Amber Heard verdict: Pivotal moment Heard lost $15m case

It was just 15 minutes in the first week of a mammoth case, but it may well have been the moment the jury began to question Amber Heard’s credibility.

ANALYSIS

The Johnny Depp and Amber Heard trial was full of explosive, eye opening allegations: there was the copious drug taking, faeces planted in bedsheets, claims of abuse on both sides and pictures of smashed up apartments with broken bottles and, in one instance, the tip of a severed finger.

But there was one relatively short 15 minute section of cross examination way back in April on day four of a six-week trial that may have led the jury to question not only Heard’s claims but her credibility.

On Wednesday, Heard was ordered to pay Depp $US10 million ($A14 million) in defamation compensatory damages and $US5 million ($A7m) in punitive damages after the jury decided she “acted with actual malice”.

However, Fairfax County Circuit Court Judge Penney Azcarate reduced the punitive damages the jury awarded Depp to $US350,000 ($A487,000), the state’s statutory cap, making his total damages $US10.4m ($A14.49m).

The jury did agree with one aspect of Heard’s claim – that she was defamed by Depp’s lawyer – and awarded her $US2m ($A2.78m) in compensation and $0 in punitive fees.

Amber Heard is now in many millions of dollars of debt to Depp. Picture: Evelyn Hockstein/AFP

Crucial 15 minutes of case

At the trial’s core was a 2018 Washington Post opinion piece about domestic violence, with Heard’s byline attached. Depp was not named in the piece but his defamation case rested on the argument that readers would infer he was an abuser anyway.

It was under cross examination by Depp’s lawyer Camille Vasquez that came one of the most head scratching moments of Heard’s case.

Throughout her testimony, the jury had been presented with scores of photos which Heard claimed showed bruising or injuries inflicted on her by Depp.

“There are a lot of pictures,” Heard told Ms Vasquez on day four.

But Ms Vasquez was interested in the photos that, for various reasons, hadn’t been shown to the jury. Or the lack of medical records entered into evidence after claimed violent outbursts by Depp.

One particular incident was from March 2013. On that occasion, Heard had testified that Depp had hit her several times in the face and harmed her.

Heard had produced a selfie which she said she took at the time which she alleged showed a mark on her arm.

This photo shows Heard with what is claimed to be a bruise on her arm after an alleged incident in March 2013.

“There are no injuries to your face in this picture?” asked Ms Vasquez.

“Not that the picture shows,” said Heard.

Indeed, no picture was submitted into evidence of her facial injuries following the alleged incident.

“And there’s no medical records reflecting that you sought treatment after this alleged incident either?” said Ms Vasquez.

Heard said she didn’t need medical attention.

“Despite (Depp) hitting you several times?” said Ms Vasquez.

“That’s correct,” came the reply.

Depp’s lawyer then moved onto another alleged violent incident with Depp also in March 2013 where Heard testified that it felt like her lip went through her teeth and that there was blood on the walls.

“There isn’t a picture after that alleged incident is there?” asked Ms Vasquez.

“That picture doesn’t exist?”

Referencing the photo of the possibly bruised arm, Heard said that was the only picture in evidence “right now”.

Johnny Depp and Amber Heard arrive at the Met Gala in 2014. She alleged he hit her afterwards. Picture: Timothy A. Clary/AFP

Lack of photos in evidence

Ms Vasquez then turned to the 2014 New York Met Gala. Heard testified that Depp hit her after that event so hard she thought her nose was broken. She said she had taken a photo of that injury.

“You didn’t show that picture to the jury did you?“ asked Depp’s lawyer.

“I would like to,” said Heard.

“But you didn’t show it did you? You haven’t produced any picture or any medical records reflecting a broken nose after the Met Gala in 2014?” said Ms Vasquez.

Heard said that she wasn’t responsible for the images that made it to evidence. That responsibility was not hers, but up to her legal team.

“I produced everything. I have turned over everything to my lawyers,” she said.

Johnny Depp's lawyer Camille Vasquez celebrates following the win. Picture: Steve Helber/AFP

The suggestion seemed to be that evidence that would have corroborated Heard’s claims against Depp was, for reasons unknown, held back from the jury. Maybe by her own legal team.

It’s likely not a good look with the jury to appear to throw your lawyers under the bus. Yet Heard may not have meant that at all.

There are many reasons why certain items, like claimed photos and medical records, don’t end up in evidence. Sometimes, to be blunt, they simply don't exist – which is what Depp’s team appeared to be suggesting.

But sometimes that evidence has been suppressed despite one set of lawyers dearly wanting it to be on the record. The opposing legal team may have successfully argued to the judge that the evidence shouldn’t be admitte.; that it wasn’t fair or relevant to the trial. That can be particularly useful if the evidence might be seen to be unfavourable to their client.

However, the jury in the Depp trial knew none of this. All they knew was one side said there was photographic evidence of injuries, but they couldn’t see it or examine it. Effectively, to them, it didn’t exist. It couldn’t be relied upon. And perhaps by extension, that meant the person claiming there was unseen evidence, also couldn't be relied upon.

Also baffling was why, on some occasions, Heard snapped images of minor injuries allegedly caused by Depp, yet not more striking injuries, such as a nearly broken nose.

In a trial full of noise, it was a small section of the cross examination all the way back on day four.

But for the jury it may have been pivotal in them questioning Heard’s explanations.

It could have been the crucial 15 minutes that sank Heard’s case weeks before the trial even ended.