Rematch: Heard and Depp set for a sequel
Amber Heard and Johnny Depp may be back in court soon, after the actress filed to appeal the verdict from their monstrous defamation case.
Amber Heard's plea to overturn the verdict of her spectacular defamation case against Johnny Depp has been rejected.
Amber Heard and Johnny Depp are set to return to court for the sequel of their blockbuster defamation case, after Heard's lawyers filed a notice to appeal the court's verdict.
The actresses' legal team filed a two-page “notice of intent to appeal” to the Fairfax County Circuit Court in Virginia on Friday. The papers do not reveal the basis for the appeal, but indicate her plan to officially challenge the US$10.35 million ruling.
Earlier this month Heard's team unsuccessfully challenged the verdict through post-trial motions, asking for it to be overturned due to insufficient evidence. They also raised questions over the legitimacy of one juror whose age they believed had been falsified. However, Judge Penney Azcarte rejected the request, directly them to file an official appeal instead.
In addition to appealing the verdict, Heard’s team said they will appeal decisions on post-trial motions and “all additional orders and rulings by the trial court”. They have until September 5 to file their motion for appeal, while will lay out the legal basis for another trial.
A spokesperson for Heard said they believe “the court made errors that prevented a just and fair verdict consistent with the First Amendment.”
“We are therefore appealing the verdict,” a statement from the spokesperson said. “While we realise today’s filing will ignite the Twitter bonfires, there are steps we need to take to ensure both fairness and justice.”
Depp’s spokesperson, however, suggested they weren’t worried the result would change.
“The jury listened to the extensive evidence presented during the six-week trial and came to a clear and unanimous verdict that the defendant herself defamed Mr Depp in multiple instances,” a statement read.
“We remain confident in our case and that this verdict will stand.”
Your complete guide to the trial
Depp defeated his ex-wife Heard in their mammoth defamation trial on June 2, in a case that exposed the secret lives of some of the most famous names in Hollywood in excruciating detail.
The Virginia jury found Depp had proved all three counts of defamation against his ex-wife and awarded him US$10m in damages. The jury also found Heard proved one of the three counts of defamation against Depp. She was awarded US$2m in damages.
Depp was not in the courtroom when the verdict was delivered, instead he had spent the night performing with guitarist Jeff Beck in London. Heard was in the courtroom and kept her eyes lowered and her face emotionless as the jury returned their verdict.
"False, very serious and criminal allegations were levied at me via the media, which triggered an endless barrage of hateful content, although no charges were ever brought against me," Depp said in a statement.
"It had already travelled around the world twice within a nanosecond and it had a seismic impact on my life and my career...and six years later, the jury gave me my life back. I am truly humbled."
In a statement of her own, Heard said: "The disappointment I feel today is beyond words. 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. I'm even more disappointed with what this verdict means for other women."
Although essentially a re-run of a defamation trial that took place in 2020 in the UK, the Stateside sequel has gripped the movie-loving public and garnered a huge social media following, largely adoring of the Pirates of the Caribbean star and sceptical of Heard’s claims.
The second trial has built on the shocking picture of a relationship in its death throes, already laid bare in London – one fuelled by drug and alcohol abuse.
Piggybacking off a YouTube live stream, fans and social media users have repackaged courtroom scenes to create (admittedly compelling) highlight reels shared across nearly all social media platforms, which tend to prosecute the case all over again and from multiple angles. The videos have also created stars of the legal teams for the defence and the plaintiff alike.
One of Depp’s lawyers, Camille Vasquez, has shot to social media fame. The hashtag #camillevasquez has more than 1.3 billion views on TikTok (the trial has clocked up 2.3 billion with millions glued to the hashtag #johnnydepptrial).
More than 14 billion eyes have watched videos of Heard either in the court or on the stand.
Here, we document the trials and tribulations of the case that captivated the world.
The model ex
The most anticipated moment in the defamation trial between Johnny Depp and his ex-wife, Amber Heard - the testimony of supermodel Kate Moss - lasted just three minutes.
The trial move even closer to the centre of the Zeitgeist with a feast of 1990s nostalgia as details of Depp’s relationship with Kate Moss are brought to the present day in a nondescript courtroom in small town America.
Toto, we’re not in the Chateau Marmont anymore.
In the closing days of the trial (and in what some may consider a betrayal of the sisterhood) Moss testified as a witness for Depp, not Heard. Moss and Depp dated from 1994 to 1997, during their meteoric rise to fame; their cheekbones the envy of the free world.
Taut-faced supermodel Moss, 48, briefly gave evidence via video link to dispel a rumour that her ex-boyfriend had pushed her down the stairs. Heard had mentioned a rumour that he did in her testimony.
The British cultural icon and one-time symbol of “heroin chic” was beamed into the tiny Virginia courtroom from Gloucestershire, England.
“Did Mr Depp push you in any way down the stairs?” Depp’s attorney Benjamin Chew asked.
“No,” Moss, from Gloucestershire, England, said.
In what was one of the many twists in the at times riotous courtroom drama, Moss was initially mentioned by the defence.
Moss was first mentioned in the case by Heard earlier this month, when the actor, 36, told the jury of a fight she had with Depp. Heard allegedly punched Depp, 58, in the face out of fear he was going to shove her sister Whitney Henriquez down a staircase.
Moss testified only to her ex-boyfriend’s good character. That’s despite reports that the Moss-Depp relationship was also tempestuous at times. Depp was 31 and the star of TV series 21 Jump Street when he dated Moss, then 20. She was turning heads in the US after being cast by Carolyn Bessette-Kennedy to pose topless alongside Mark Wahlberg in a Calvin Klein’s jeans commercial. A few months into their relationship, police were called to New York’s Mark Hotel when they found the couple’s presidential suite trashed after an alleged argument. Depp paid the hotel $12,000 for the damage.
“Kate has nothing to gain in giving testimony, but she feels strongly about defending her friend,” a source told the New York Post. Heard and Depp met on set of The Rum Diary in 2011, married in 2015 and were divorced by 2016 when Heard walked out on the relationship. Australians will remember the problematic pair when they skyrocketed to infamy in 2015, after attempting to sneak their dogs Pistol and Boo into the country without permission, only for then-agriculture minister Barnaby Joyce to threaten to euthanise the animals.
Depp fans were out in force
Warning: Graphic images.
Throughout the trial, fans have appeared at the tiny local courthouse holding signs that read “#FreeJohnnyDepp” and “Justice for Johnny.” Some have given the actor flowers, while others had letters for the embattled movie star. A regular couple of dozen have appeared every day, but they represent thousands more Depp diehards flooding TikTok with support videos under #JusticeForJohnnyDepp, which has been viewed more than 26 billion times.
One fan brought her pet alpacas to the trial.
Depp claimed that Heard exterminated his good character when she published the article.
“It’s very strange when one day you’re Cinderella, so to speak, and then in 0.6 seconds you’re Quasimodo,” he said, in reference to the fictional monster of The Hunchback of Notre Dame.
“I didn’t deserve that, nor did my children, nor did the people who had believed in me all these years.” Heard testified she has struggled to maintain her acting career since the legal battles began with Depp due to the “negative headlines” her divorce garnered.
She was “nearly replaced” in the Aquaman and Justice League DC Film franchises not because of her personal life but due to her lack of chemistry with co-stars, including Jason Momoa.
Spanning more than a decade, the drama between these two beautiful people involves multiple court cases, international crime, drugs, alcohol, and someone crapping in bed.
The pair met on set of The Rum Diary in 2011, married in 2015 and were divorced by 2016 when Heard called it quits.
"The beginning of my relationship with Miss Heard.. from what I remember.. she was, she was um, it was as if she was too good to be true," Depp told the jury, recalling his early days with Heard.
"She was attentive, she was love, she was smart, she was kind, she was funny, she was understanding. We had many things in common."
Heard wasn't the first woman Depp dropped a knee for. Or the second. Or the third...
His first marriage to make-up artist Lori Anne Allison happened in 1983 and lasted two years. Depp then dated actress Sherilyn Fenn for about three years, before it ended and he struck up a relationship with Dirty Dancing star Jennifer Grey. The couple were reportedly engaged but called off the wedding shortly after.
None of us can forget Depp's romance with Winona Ryder. Especially not Johnny Depp himself, who tattooed "Winona Forever" on his arm. They met at a 1989 premiere for Great Balls of Fire! when the actress was 17-years-old, and then starred together in Edward Scissorhands in 1990. Depp proposed, but in 1993 the wedding was, again, called off. His tattoo now cheekily reads "Wino Forever". Maybe not the best asset in a defamation case alleging alcohol abuse.
Skipping ahead through Depp's relationships with Kate Moss and Ellen Barkin (who is expected to testify at the current trial) we get to Vanessa Paradis - Depp's longest relationship and the mother of his children Lily-Rose and Jack.
And finally, we have Heard.
In Australia, the problematic pair skyrocketed to infamy when they tried to sneak their dogs Pistol and Boo into the country without permission, only to have then-Agriculture Minister Barnaby Joyce threaten to euthanise the animals.
Anyway.
The three-week trial in London heard outrageous details of the relationship in its death throes. The jury was shown an image of Depp, passed out, with a tub of ice cream dripping down his leg. Photos were presented of Heard’s bruised and battered face. Depp seemingly admitted to giving his 13-year-old daughter marijuana.
Fans of Depp packed the streets the day Justice Nichol ruled against Depp. A vicious Twitter war was waged against the judge and Amber Heard. One tweet under the (at the time) trending hashtag "AmberHeardIsAnAbuser" read: "I hope you burn in hell for everything you've done... #JusticeForJohnnyDepp"
And now we have today’s trial.
Johnny's testimony
Always dressed in a dark suit, with a slicked back bun and trademark Jack Sparrow rings, Depp has fought (and critics say given the performance of his life) to protect his career and reputation from Heard's claims of abuse.
Depp told the court this week he's “ashamed” of texts to Heard calling her a 'c**t' but says he never hit her.
“There were arguments and things of that nature, but never did I myself reach the point of, um, striking Ms Heard in any way, nor have I struck any woman in my life," he said.
The actor turned on the charm last week when testifying about his drug and alcohol use, earning giggles from the peanut gallery – both in-person and online.
"The beautiful composition"
Heard’s lawyer presented photos to the jury that appeared to show cocaine and large bags of marijuana, that he said belonged to Depp. The actor previously testified that he used drugs to "take the edge off" but never took them to "party".
When Depp was asked whether a branded box — reading “Property of J.D.” – was used to carry cocaine, he replied: “No, but it looks like it would fit some cocaine.
“Cocaine is, in my experience, is normally given in plastic bags. When you put it in a box like that, chances are you’ll leave a trail, a long line of cocaine behind you as you walk down the street.”
Cue stifled laughter from the back of the room, where Depp’s fans were sequestered.
Asked if the picture was taken by Depp, the actor responded "the beautiful composition of the photograph would suggest so."
More laughs.
This is crappy
The jury heard that human faeces were found on Depp’s side of the pair's marital bed, which he insisted belonged to Heard or one of her friends. She firmly denied the allegation, and said it was the work of one of her Yorkshire terriers.
"I lived with those dogs for many years," Depp said. "That did not come from a dog. It just didn't."
Drunk Johnny
Depp claimed that Heard exterminated his good character when she published the article.
“It’s very strange when one day you’re Cinderella, so to speak, and then in 0.6 seconds you’re Quasimodo,” he said, in reference to the fictional monster of The Hunchback of Notre Dame.
“I didn’t deserve that, nor did my children, nor did the people who had believed in me all these years.”
The jury were shown a video taken by Heard of Depp smashing cabinets in a drunken fury.
"M*****f****r! M*****f****r!" the video goes, as Depp stomps around the kitchen, punching the wall.
Questioned about the video, Depp admitted he "did assault a couple of cabinets, but I did not touch Miss Heard."
The severed finger
In graphic detail, Depp described a blazing row with Heard during which he claims she threw a vodka bottle at him, severing his finger.
“She then grabbed that bottle and threw that at me,” Mr Depp said. His fingers were resting on the edge of the bar and that the large vodka bottle “made contact and shattered everywhere”.
“I felt heat and as if something was dripping down my hand,” he said. “I was looking directly at my bones sticking out.”
The opulent Gold Coast mansion where the finger was sliced is currently listed on the market - the same property the pair kept their illegally smuggled Yorkshire terriers in 2015.
Boasting 10 luxurious bedrooms and 10 bathrooms, the riverfront property known as Diamond Head is expected to sell for at least AU$40m.
The knife
Disturbing audio was played for the courtroom detailing a conversation between Depp and Heard where he begged her to cut him with a blunt knife. A noticeably teary Depp reached for a tissue, while Heard looked visibly uncomfortable.
"Want to cut me somewhere?" Depp says.
"Just don't cut your skin, please don't. Why would I do that? Please don't cut yourself." Heard responds.
"I need you. Cut me." Depp shoots back.
The pair are interrupted by a knock on the door, as a maid called "Housekeeping."
Depp tells her to leave, adding: "There's sperm on the pillows."
Amber Heard will have her opportunity to testify at some point in the six-week trial.
Amber's testimony
Sexual assault allegations
During a fight in Australia - when Depp was filming the fifth Pirates of the Caribbean in March 2015 - the actor repeatedly hit her, threw bottles at her and choked her against a refrigerator, before finally getting her on top of a countertop and penetrating her with a bottle, Heard testified.
"At some point he's on top of me, screaming I fucking hate you, you ruined my fucking life," Heard told the court, breaking down in tears. "I'm on the countertop, he had me by the neck and was on top of me.
"I'm looking in his eyes and I don't see him any more. It wasn't him, it was black. I haven't been so scared in my life. He was looking at me. I was trying to get through to him, to say in some way it was me. Trying to get through to Johnny.
"My head was bashing against the back of the bar and I couldn't breathe. I remember trying to get up to tell him he was really hurting me. I couldn't breathe. I couldn't get through to him. I couldn't get up."
Depp's jealousy of James Franco
Johnny Depp kicked Amber Heard in the back and called her a "slut" in a jealous rage over her relationship with actor James Franco, a jury has heard.
Heard took the stand for the second time on Friday with terrifying accusations of her ex-husband's abuse.
She recounted an incident when Depp became upset aboard a plane, when he discovered she had kissed Franco for a scene in 2015 movie The Adderall Diaries. At the time, Depp smelled of "weed" and alcohol, she said.
"He just kicked me in the back. I fell on the floor," she told the courtroom in Fairfax, Virginia.
"No one said anything. No one did anything. It's like you could hear a pin drop on that plane."
“I was embarrassed that he could kick me to the ground in front of people."
Heard told the court Depp had asked her if she "slipped a tongue" to Franco during the scene, and asked "about how (she) liked it".
Heard repeatedly attempted to move seats, but Depp would throw ice cubes and utensils at her, the actress testified.
A recording was played for the court on Thursday, allegedly of Depp on the flight, which Heard said showed him "howling" while suffering from the effects of drug use. Following the incident on the flight, Ms Heard said he met her in New York to apologise and to prove he was sober and had changed.
Franco was previously expected to testify at the trial, but according to the New York Post, will not.
The death threat
Depp allegedly threatened to kill Heard while the pair were with the actor's teenage children in the Bahamas, taking one last trip on Depp's yacht before he sold it to author J.K. Rowling.
“He slams me up by my neck and holds me there for a second and tells me that he could fucking kill me and that I was an embarrassment,” Heard testified on Thursday.
Heard said Depp's daughter, Lily-Rose, grew upset with her dad’s drunken behaviour and Depp accused her of telling his kids about his addiction problems before he allegedly attacked her.
Heard escaped the yacht on a helicopter with Depp's daughter who was crying to her, according to the actress' testimony.
A make-up brand threw off Heard’s defence
Can a TikTok be tendered into evidence, your honour?
A 15-second vid from make-up brand Milani Cosmetics has gone gangbusters after it seemingly undermined Amber Heard’s key defence in her legal battle against Johnny Depp.
It’s giving the exact energy as when Elle Woods took down Chutney Windham with her in depth knowledge of the science behind a perm.
During the trial’s opening statements last week, Heard’s lawyer Elaine Bredehoft said that the actress carried Milani Conceal + Perfect All-in-One Correcting Kit (not sponsored) with her throughout her “entire relationship with Johnny”. The attorney said Heard used concealer and foundation to cover facial injuries caused from Depp’s alleged physical abuse, and went as far as to proudly present the make-up compact to the jury.
"This was what she used," Bredehoft said, leaning into the drama of the courtroom and whipping out the coloured palate. "She became very adept at it. You’re going to hear from Amber about how she had to mix the colours for the different days of the bruises as they developed."
But when the team at Milani saw the testimony, they smelled a rat.
“You asked us… let the record show that our Correcting Kit launched in 2017!👀” the caption on the brand’s TikTok read.
Flick to a snippet of Milani headquarters, where a woman carries a company product catalogue, and flips it open the page describing the makeup compact. The camera then jumps to a powerpoint presentation to prove the product's 2017 release date — meaning it was released after Heard filed for divorce.
“We are here to provide the facts of the case,” the brand added in the comments.
Bredehoft may have just been using the compact as an example of the type of makeup that Heard wore to cover her alleged bruises, and didn't claim she used that specific makeup kit.
But that doesn't mean the internet can't still have a little fun with it.
Heard's financial woes
Amber Heard was in deep financial doo-doo.
She hasn't donated the full $7m divorce settlement she got from Johnny Depp to charity, due to “financial difficulties”, despite promising to do so.
She may have asked her ex-boyfriend Elon Musk to lend her some money to make good on some promises, a court heard.
AND, she sought a pay-out (in the form of a Range Rover and three penthouses) from Depp in exchange for not going public with her allegations of domestic violence.
The court learned that Heard failed to donate the full US$7 million divorce settlement she got from Johnny Depp to charity, despite promises to do so.
After the pair’s divorce in August 2016, Heard pledged to give half the settlement to the American Civil Liberties Union (ACLU), and half to the Los Angeles Children’s Hospital.
Terrence Dougherty, the ACLU’s chief operating officer, alleged that since the divorce the civil rights group had only received US$1.3m in her name… the bulk of which hadn’t even come from her directly.
“We reached out to Heard starting in 2019 for the next instalment of her giving, and we learned that she was having financial difficulties,” Dougherty said, appearing before the court in a pre-recorded deposition.
Heard donated $350,000 to the ACLU “very soon” after the divorce, Dougherty said. At another point the union received US$100,000 from Depp on her behalf. Another US$500,000 and US$350,000 were also donated for Heard, bringing the total to US$1.3m.
Dougherty said he believed the $500,000 came from tech billionaire Musk, Heard’s ex-boyfriend, but that’s “not conclusive”.
Court documents tendered on Thursday revealed Heard sought a pay-out from Johnny Depp in exchange for not going public with her allegations of domestic violence.
She wanted access to his black Range Rover (and for Depp to continue to pay service fees), three downtown Los Angeles penthouses, $100,000 in legal fees and $25,000 “for forensic account costs.”
The May 24, 2016 letter from Heard attorney Samantha Spector, sought a lucrative arrangement to “do everything possible to keep this personal matter out of the media spotlight.”
A-listers are also expected to take the stand - James Franco, Jason Momoa, James Wan and Elon Musk all appear on Heard's witness list.
Looks like we won't be tapping out any time soon.
Heard fired her PR team over 'bad headlines'
"Bad headlines" drove Heard to sack her PR team just days before she took the stand to testify.
Consulting firm Shane Communications is now on retainer for Heard, sources told the New York Post.
“She doesn’t like bad headlines,” according to an unnamed source.
She is “frustrated with her story not being told effectively”, another source cited by the newspaper said.
Amber Heard has since taken the stand.
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