Now on on timetabling.
Judge: I am conscious the trial needs to be fair to both parties… so time for particular witnesses doesn’t spill over and prejudice...
[Please note NOTHING in my tweets is a direct quote unless it is in “direct quotes”]
Here are a few snippets:
"Ms Heard’s Allegations
11. As allegations go, it is hard to think of ones in terms of physical abuse between two people in a relationship that could be...
[There is continuing legal argument in court over a witness statement.]
Johnny Depp called to the witness box.
Judge reminds JD to keep his voice up.
JD: “John Christopher Depp the Second”
[they are choosing bundles - this seems to be taking time. Also all we can see, thanks to the positioning of the camera, is JD’s hands. Which is v annoying.]
S: Is that your signature?
JD: [pause] erm… there’s nothing in 57… 58 is something different…
S: Can you find the signature page for that witness statement…
JD: Sorry I think I may have...
S: there should be a page with just your signature
JD: yes it is
S: and the facts contained in your witness statement are true
S: I think we’re going to keep closing files in order to give you a little space
JD: “I’ll get the hang of it"
S I’ll tell you. It’s called argument 2
JD: Oh yes...
S: is that your recolleciton?
S: In your own words could you tell me what you understood the recordings to mean?
S: Thank you. Could you keep your voice up, so his Lordship can hear you
JD: yes sorry I have a tendency to talk quiet
[Sherborne starts reading from AH’s witness statement about alleged violence, arguments etc]
[We can now see Mr Depp. He wearing what looks like a charcoal grey suit, with collar-length hair. He is wearing thick-rimmed glasses and has a what looks like a...
JD: I had asked Travis up the night prior when another argument had ensued and as things tended to do - escalated and it got physical, ending with...
J: that’s quite alright - don’t worry about it
J: of course.
[We are back to the transcript recording]
S: Were you refusing to engage with AH in this conversation?
JD: No I was not refusing to engage with AH. "I wanted to avoid another confrontation as was my practice in these situations. Whenever they would escalate I...
S: thank you
[we move to another part of the bundle]
JD: "Ms Heard had filed for divorce and then she filed for a restraining order against me and at the time I was on tour with the band and we had a show in SF and...
S: You heard AH had filed for a restraining order. What was the basis for that restraining order. In one sentence?
Judge: we know this.
S: yes we know she made it on the basis of domestic violence by you and that she was in fear of her life.
S: then you had a meeting. Who requested that meeting?
JD: “I jst rented a room so that we could talk… it was just the two of us”
S: AH had obtained a restraining order against you, did she make sure she stayed at least 10 feet away from you at all times?
S: Why not?
JD: Well there was a lot of discussion about what was going on and at times it got emotional and she asked for a hug
S: Did you embrace her?
JD: No I didn’t think it was right given the circumstances. If she had told the world she was in fear of her life
S: was it a long discussion in the hotel bedroom
JD: yes it was quite a long discussion and at a certain point Ms Heard just looked exhausted and complained...
S: did at any time AH appear scared of you?
JD: no sir
QC: you are now 57 years old and you found fame and fortune at an early stage of your life
JD: "I don’t know if I would call it fame, but at the age of 22 my life changed radically"
QC: you had influence?
QC: you had money power and influence at the age of 21. Do you agree or not?
JD: i don’t agree with that statement, not that early in the game
JD: yes ma’am
QC: and you’ve said you’d had every single drug by the age of 14
JD: yes ma’am
QC: and since then you have had other drugs?
[there is a discussion about how many new drugs he may or may not have taken]
Judge asking JD not to nod along but to articulate an answer so it can be picked up by the microphone.
JD: “yes your lordship”
QC: you’ve taken a lot of drugs on and off. Ecstasy, cocaine, cannabis, LSD
JD: only when I was younger
QC: okay. and you also abused prescription drugs...
QC: and you idolise the drug culture
JD: I’ve always been interested in counter culture. Chaucer, Thomas de Quincy…
QC moving on from the 17th century to the 20th century… starts discussing Depp’s love of Hunter S Thompson, Keith Richards and Marilyn Manson..
QC reads it out
QC: Are you saying you have never taken drugs with Marilyn Manson?
JD: I’m not saying that.
QC: Okay let’s ask again. Have you ever taken drugs with MM
QC: How many times?
JD: Twice but a long time ago
QC: You’re lying about this and I am about do demonstrate how
QC: do you remember Paul Bettany - one of your drugs buddies?
QC: did you give him cocaine?
JD: yes ma'am
JD: Yes ma’am
QC: and drugs were freely used?
JD: no ma’am just alcohol
QC: and river phoenix died in your club
JD: no he died outisde it
QC: and he collapsed in your club?
JD: i didn’t see it...
JD: “I suppose at a certain point they become a part of your life.. but at a certain point you become a fugitive… anonymity doesn’t exist any more."
JD: I can’t say
QC: That many
JD: well about 15.
QC: and you are surrounded by people who never really say no to you
JD: not really
JD: yes they will supply to me whatever I have felt necessary at the time
QC: bluntly if you asked a member of staffed would provide you with drugs if you wanted them
JD: That’s not for me to judge
QC: there is a nasty side to your character
JD:" I’m well aware there has been a lot of… pain from youth and the way I was raised and yes...
JD: "Absolutely my Lord, I am easy to roll with the punches"
QC: were you arrested on suspicion of assault?
QC: Were you intoxicated?
QC: Were you on drugs?
QC Did you do the...
JD: I made a few dents
QC: a few dents don’t amount to nearly $10K
JD: well that was the bill that was given to me. it was a long time ago.. i slid a couch across the room…
QC: that wouldn’t cause any damage at all
JD: I sort of slid it … I didn’t rip things...
QC: the article says you trashed the room
Judge would you agree with that as a description?
JD: sure trashed is fine. When I left the room it was not unlovable - just needed a new vase and maybe a cup or two. I broke some things… i don't remember...
QC second time you’ve been arrested though
QC: for doing something violent
QC: causing $10K of damage? That’s a lot of money for some people, maybe not for you…
JD: it is a lot of money
QC: why did you do it?
QC: did you find it difficult to control your anger on this occasion?
JD: “on that occasion I chose to express my anger”
QC: you expressed yourself through destructive behaviour
JD: i have at times in my life
QC: and this was not..
QC: So you express your anger by being violent?
JD not every time I also express myself by laughing, it doesn’t mean I have a laughter problem
QC: But it suggests you have a sense of humour anyway let’s not get into semantics…
QC: do you think she might not have been frightened?
JD: she was asleep
QC: she was asleep through the whole thing?
[we move on]
JD: that makes a better story
QC: yet you went along with the interviewer’s suggestion didn’t you?
JD: something here says “Voiceover”
JD: well it’s not...
JD this is an example of the media machine taking it over
QC did you ever correct this?
QC starts quoting him “some guys smash hotel rooms”
JD: sorry if this comes from a TV show we’re talking about being in...
QC: we have a transcript. this is a transcript of the TV piece. The VO was “no one was laughing when Depp trashed a hotel room after a spat with his then gf causing $10K”. Then the interviewer asks...
and you say “some guys trash hotel rooms” Are you saying you are disagreeing with this?
JD: points out to judge the mechanics of editing a TV programme that allowed her to say anything in the world that he had no control over it.
QC what I am interested in is your answer
JD yes I did make a statement but it was not a direct answer to her question
QC you said you smash hotel rooms
JD it was said with humour as it was ridiculous notion...
QC: but you did do it
JD: yes I did.
JD: I understand
QC: okay let’s go to when you made Fear and Loathing in Las Vegas ...
JD that’s quite a stretch
QC she was asked about illegal substances - Ms Barkin says hallucinogenics...
JD: LSD, mushrooms…
QC: is she right about that?
QC: cocaine? she says
JD: no not at that time
QC: so hardly any drugs...
QC: do you never take drugs during making a film
JD: "I have at times smoked marijuana at work and at times when you’re on the 17th hour of the day I have taken cocaine, but occasionally, it’s not a regular…”
QC: so what she’s saying is...
JD: it seems she’s saying hallucinogenics, cocaine and marijuana. H - no C - no not at that time and not for a long time - M - occasionally
[this is from a court transcript this Ellen Barkin stuff, not an interview]
QC she’s asked if you took H, C and M in your...
JD: are you asking me to speculate?
QC: no I’m asking you if she’s lying? you parted on good terms…
JD: no we didn’t
QC: are you saying she had an evil motive because you didn’t part on good terms?
QC: she is asked if your behaviour changed when you drank more or took drugs and she says yes you were not the same, you were high, obviously.
Judge I’m not sure there’s a question here…
QC: there isn’t - i’m putting in the context of what I want to ask...
QC: Ms Barkin points out that during the filming of Fear and Loathing you lost your temper and threw a bottle of wine across the room. Do you remember that?
JD: No. Can I point out to your Lordship that in this transcript Ms Barkin is asked if my behaviour changed...
QC then she says she did - you were high
Judge - thank you Mr Depp - I have noted that, thank you.
QC let’s go back to the throwing of the bottle. Ms Barkin is asked what prompted Mr Depp to do that? And she says “a fight was going on"
[the bottle didn’t hit anyone]
QC Ms B is asked if she said anything, or did anything or if anyone else did or said anything after the bottle was thrown...
QC Ms B says she can’t remember the reason behind the fight. Ms B is describing an incident when you threw a bottle. It didn’t hit her. There was a fight going on between you and your friends/assistants.
She says nobody did anything after that.
QC: that is a characteristic of your assistants. They never step in, they never deal with your bad behaviour, they simply deal with the mess you make.
JD: that’s incorrect
QC did any of them reprimand you about your behaviour during the time..
JD: reprimand is a very strong word. I don’t think of these people as employees, they are friends, they are more like family, they’d never back away from approaching me if they had concerns on any subject.
Judge wants clarity on this...
JD: "yes they have taken issue on various subjects, but it’s not a dressing down it’s more to do with for example if I was going through a period where I felt it was necessary to self-medicate…"
JD: “If I was drinking to excess at any particular time they would get worried about me… but there was never any screaming or yelling - it wasn’t like I was being spanked. There was a sit down, because...
QC asks about the bottle throwing
JD: I can tell you unequivocably that Ms B’s statement about what happened did not happen.
QC: so she’s a liar
JD: I don’t want to call anyone a liar, but what she said happened, didn’t happen.
JD: where does it say jealousy?
QC: [he’s taken to it] “he’s just a jealous man, controlling - where are you going, who are going with, where did you go last night?”
[gives example of a scratch on Ms B’s back which he...
QC so the account she gives is someone who is angry, taking a lot of alcohol and drugs, throwing a missile on one occasion and someone who is very controlling...
JD : Untrue. And I would say the description of me on p20 on line 14 where she says I never yelled at her and just yelled at my assistants I can swear that that is the furthest
QC she was subpoenaed. Ms B gave a deposition to the court. You say she bears a grudge.
JD: I’d say it’s pretty clear
QC she’s talking about the late 1990s, she’s giving a deposition nearly 20 years later. She’s either bearing a...
JD: “I’d say she’s bearing a grudge for a very very long time.”
[we move to a new bundle]
JD: it was a little more than that, but essentially yes
QC: they were trying to take your photograph
JD: I was with my heavily pregnant partner and I was with the godparents of the baby and when I paid the bill I was told there were paps outside
QC they wanted a photo of you two in a public place and you have told us that you saw this as an invasion of your privacy. Was this proportionate?
QC: did you have a piece of wood in your hand?
QC: how did you get hold of it
JD: on the ground there was a plank of wood in the loading bay about 15” long. As the paps were about...
QC: so you assaulted someone?
JD: I hit them on the hand - there was about 14 or 15 of them
QC: that is an assault unless it is in self-defence
JD: well when you’ve got...
QC: did you think it was appropriate?
[JD starts to explain how upset he was about the invasion or privacy and the aggressiveness of the paps at the time and how rude they were being]
JD: No ma’am.
Session ends. Judge reminds him not to talk to anyone about his evidence until it is concluded.
[we rise for lunch]
My colleagues will remain in court filing copy.
Full report on @5_News at 5pm. Thanks for kind words. Sorry if this is disappointing but i have production commitments.