Proceedings are due to start today at 10am BST. I will be live-tweeting throughout the day from the reporters court (38) which is connected by videolink.
If you’ve already tipped me for today - carry it forward to Monday when I will be in much better shape.
Isaac Baruch. All are coming via video link from LA so we’re at the mercy of the tech once more.
“okey doke” says Isaac.
IB yes
QC since you were young
IB teenagers
QC and JD has been v generous to you
IB without a doubt
QC he allowed you to stay in one of his Eastern Colombia Building (ECB) penthouses PH2 rent free
IByes
IB not all at once - from 2013 to 2017
QC did he also give you money
IB no
QC so the $20K a year - was that a loan or a gift?
IB part of his patronsship, I’d ask for the dough when I needed it
IB it changed in that I made it a loan whilst I was creating the art
QC have you paid any of it back - the $100K loan
IB no not yet
QC did he pay for your groceries from time to time
IB no
IB absolutely
QC you got to know AH
IB oh yeah of course got to know Amber year of course
QC and Whitney in PH4
IB that is correct
QC and Rocky Pennington and her fiancé Josh Drew
IB and at the time you got on very well with them
QC 100%! Yes!
IB and you found them to be very nice people
IB I loved them all!
QC the relationship between JD and AH was volatile
IB I found out later on...
IB yes
QC and you would simply rely on his version
IB well I heard her also grieve when they would argue after the fact. Is that what you’re asking me?
IB well if he left and I saw her a couple of times after where she’d throw me to how she felt
QC JD would leave his apartment to go and stay at his home in Hollywood from time to time
IB yeah that’s where he would go
IB I live in a room in one of the houses he owns on that street
QC and you live rent free
IB yes
QC on the occasions JD would leave to go to his property in SA...
IB no - she wanted to get hold of him
QC she was worried for him
IB no she was worried about herself getting in touch with him
QC she never said anything nasty about you to JD
IB no
QC you being a long-standing friend
IB yes
IB I remember a text one time, but it didn’t say that.
IB the one that you’re just saying right now?
QC yes
IB I remember getting a text from WH asking me to call her sister and it said she’s no psychic but it’ll be about Johnny and I said I don’t really want to call her and talk about Johnny and hopefully
QC now can I asked you about the events of 21 May 2015
[she goes to his witness statement]
5. On May 2isr, 2016, I was out in the neighborhood. I arrived at the Eastern at around 9:30 pm...
PAR 5 ENDS
6. At that very moment, the door to Penthouse I opened and Mr Drew stepped out far enough through the doo1way to address me but also to block my view of the apattment inside. I asked Mr Drew what had happened with the spilt wine and he ve1y seriously replied with
PAR 6 ENDS
[he does]
[QC asks if this is correct and IB agrees]
QC and the last part of that is just speculation
IB it’s my opinion
9. We then left my apartment and walked back to Penthouse 1, where I asked Ms Heard about Mr Depp's actions the night before. She told me that he hit her in the face and threw a phone at her. I then asked her where he had hit her and she stretched her
QC how certain were you you couldn’t see any bruising or swelling
IB 100%
QC you’d know AH 3 years by that stage - had you ever known her to go out to a party without makeup on?
IB I wouldn’t know that
IB I wouldn’t know that I doin’t know how many parties she went to so I couldn’t tell you
QC during the time you have known her did you ever see her go to a party not wearing make-up
IB you want me to speculate?
IB any time I saw her go to an event that she was decked out in - she had make-up on
QC had you ever seen her leave the ECB and go to a public place...
IB er… I don’t know… I didn’t see… yes! yes!
QC I would suggest that she would go out wearing make up. Do you have any expertise in this area?
Judge I am not sure this is a question that requires expertise.
[we go to a file]
QC this was taken on 21 - the day before the day you saw her. Did you see anything like that on the 22nd?
IB absolutely not
[it is bewteen Amanda de Cadenet and AH]
QC AdC says “sleeping sounds like the best thing - put some Arnica on your face, make sre you have photos of the injuries please and text them to me or Rocky. Sweetheart I have been where you are..
QC do yo know what arnica is
IB no
QC starts asking a question
Judge stops her - I don;’t think IB’s opinion on this text is of use to me
IB I said How you doin;? and she said I’m not doin’ so hot and then she said I made some food - you want to come eat with me
QC and you refused saying because of the ...
IB that’ snot true - that not what I said I said we best not talk anymore because I’m angry and confused about what I’m seeing
QC thank you
IB and then on 28 Oct JD texted you to say he was selling the ECB penthouses and he would accommodate you in SA
[IB agrees]
QC that’s a reference to AH isn’t it
IB who?
QC “that cunt"
IB [laughs] yes!
IB yeah it was like family
QC so you had a good idea of who was coming and going
IB yeah you’d meet people who might be visiting
QC and you were asked on a previous occasion when you remember first seeing Mr Elon Musk
IB I think I might have been asked that at a deposition - that’s what it’s called, right? a deposition not a depilation - in Long Beach California
QC what is more important
IB yes I saw him twice around the building 1st time coming out of the elevator and 2nd time was in the morning time when I woke up I’m looking out my bedroom window he was in JD and AH’s apartment and he was walking out...
IB correct
QC thank you very much Mr Baruch for answering my questions
IB thank you
[DS on his feet for re-ex]
DS you were asked if JD has been very generous to you
IB yeah
DS is JD only generous to you
IB [laughs out loud] no! no! he’s an übermensch he’s..
DS could you explain übermensch
IB he’s the ultimate good guy. He does the right thing, he’s great
DS you were asked about staying rent-free in one of the PH’s in the ECB
IB yes that was part of the schtick - the patronship
DS who else was rent-free
DS do you know how many flats there are in hte ECB
IB in the entire building? No. I have no clue.
IB no I was
DS do you know if she might put her make up on in the car or anywhere else
IB No I have no clue
DS in your WS you say you saw her up close on 22 May and 23 May and 24 May and on either 25 or 26
IB [agrees]
DS you were asked about your encounter with AH on 3 June and you said you were confused and you didn’t want to speak...
IB all the phoney baloney pictures in the magazine - I walked in at the wrong time for them - she didn’t have a speck on her face and for me to ask where and she’s showing me and I don’t see anything…?
DS thank you. that text you were taken to. I think it’s fair to say he was angry with AH. Do you know why he was angry?
He is being affirmed by the usher in the UK.
AR correct
QC are you sure you haven’t got the date wrong
AR no
QC and you say you understand she was not resident till March 2016
AR I remember the year but I don’t know if it was that month
QC so she wasn’t resident till March 2016
QC in 2015 is that the first time you saw AH around the ECB
AR that’s correct
QC and that’s your genuine recollection
AR that’s correct
QC and she became a resident in March 2016 - is that your genuine recollection
AR yes
QC are you comfortable...
AR yes
QC you say you’ve see AH on CCTV footage, but you’ve never spoken to her about her personal life
AR yes
AR yes
QC and you say from March 2016 onwards she was cvisited regularly by Mr Elon Musk
AR correct
QC and you say she would ask for you to give him a parking space and access to the building
AR yes
QC now I’m not disputing your evidence about that, what I am suggesting is that you have got your dates completely muddled up
QC now I am going to suggest is that AH became a resident in March 2013 NOT March 2016.
AR I disagree
QC can you explain how that fits in with your recollection that she was entertaining Mr Musk a year before she was a resident
QC you say in par AH you were dealing with her in 2015 to arrange access for Mr Musk, but then you say she wasn’t a resident until March 2016
AR I guess she wasn’t added to the system until that year
QC and you say you only saw her in July 2015...
AR yes
QC do you accept you may be muddled with your dates
AR maybe. I got 147 units. I cannot remember everything
[no further questions]
DS you explained you tied EM visits to the ECB late at night..
AR correcet
DS we know he hurt his finger in March 2015 - why do you have such a clear memory of this happening
AR a friend of mine is a big JD fan and was concerned about his finger
[that’s it from Alejandro Romero}
QC you have been a security guard for how long
™ a little over 7 years
[great - autocorrect problem]
™ yes
QC and you arrived together
™ no we did not
QC
™ we did not enter right away - I went to get the nurse from the hotel where she was staying
QC was that the first thing you did after getting the message?
™ yes
™ we ran into AH so nurse lloyd stayed with her and I went to the apartment to see JD
QC I suggested you and nurse lloyd entered the apartment together
TM i DOn’t understand
QC you are at ground level of the apartment, you get a text from JD...
TM yes - we ran into AH in the lobby and I got in the elevator and went to see JD.
QC AH was at the ground floor level?
™ yes
QC sure
™ yes ma’am
QC no you arrived into the apartment...
™ I disagree
QC well in your statement you say
™ that is what is in the statement, but that is not true, no
QC it’s not true?
™ no
QC your account today is very different is it not
™ yes
QC you say she was at the ground floor level with the concierge
™ yes
QC then what - AH came up after you with DL?
QC where you were with JD
™ yes
QC and then they had a full-blown argument
™ yes
QC now according to your new account JD and AH could not have been having a full blown argument because AH was not there.
QC so you are now saying you saw the beginning of argument
™ yes
QC no you are saying you were there at the beginning, can you tell us what the argument was about
™ not specifically no
™ yes
QC and do you remember Mr Depp being very angry
™ yes
QC because AH had accused him of having an affair with someone called Rochelle
™ I do not remember the specifics of what they were fighting about
™ scuffle
QC pushing and pulling
™ not on both sides
QC just AH?
™ AH was the only one who was physically aggressive
QC you don’t remember him hitting AH with his hand which was in a cast?
™ absolutely not
™ no that’s what we did
QC do you remember JD shouting at Whitney to get out of the way as she tried to get between the two of them and shoving her
™ no JD was not physical
QC and after that AH did hit JD in
™ I did not see JD being physical with anyone
QC and what do you say to the suggestion that AH and JD would hurt each other if they had not been separated
™ that’s hard for me to speculate on what might happen
QC there are two texts from Debby Lloyd - they are to Stephen Deuters and the first text says “bad night last night. they got into it and it got violent again. I had to separate them and we are at 80 now. Jerry away”
This was not a one-sided argument...
QC this 23 March text does it assist you that it was not one-sided
™ no this is not helpful. having been there I would like to reiterate this was one-sided physical aggression
QC second text: I was there to give him a shot - he went to bed
QC both JD and AH had to be restrained
™ no ma’am
QC why did she write that
™ you want me to confirm what she was thinking?
Judge - having read...
QC and you are denying on oath that you or DL had to restrain him
™ after she punched him I walked him downstairs to get out of the situation
QC you had to put ™ off AH to stop him punching her
™ is that a question
QC yes
QC you are lying
™ no I am not
[xe ends DS on his feet]
DS why were you asked to come to the ECB on that occasion
™ I don’t recall the text message. JD just asked to come to PH5 and bring DL
DS why did he ask you to bring DL
™ don’t know
DS you were asked...
™ no
DS were there other arguments
™ yes
DS how many
QC this is not the subject of the xe - yet again
Judge asks DS to move on
DS had you seen JD that angry on a number of occasions before?
DS there is a dispute between you and QC about how you entered that apartment
Judge - QC does not enter a dispute - she puts q’s and answers are given
DS my lord yes. In terms of what happened inside that apartment, did you ever see Mr Depp hit AH
™ no I did not.
™ no I’m not
DS you say she punched him in the eye with a closed fist when you were standing between JD and AH
™ correct
DS were you facing AH or JD at the time?
™ I was facing JD
™ no
DS if you had seen JD be violent towards AH would yuo hav simply stood by and let this happen
™ absolutely not
DS it was suggested you have com ehere to lie on JD’s behalf - agree or disagree
[no further questions]
[morning witnesses completed]
[early again!]
Judge are you still on course for completing the claimants’ case today?
DS yes my lord
DS no. he is the ECB supervisor I think
Judge Ms Wass there was an isssue raised by Mr Wolansky about a potential application to xe Ms de Cadenet
QC I think that’s been abandoned
QC thre is a matter Mr Wolansky wishes to raise. Now? Okay. I am reminded by Ms de Cadenet should be removed from the trial bundle
Judge - I’m not sure about that - you either had or floated the idea of an xe..
[Mr W is on his feet]
[they are descending into legal arcana. I’ll let you know the result]
[Mr Wolanski is on his feet about another application. DS hasn’t seen it. judge decides we’ll give DS lunch to look at it and deal with it at 2pm]
[court rises]
Judge - I see you got my message
DS - we did, my Lord, thank you.
Judge this application was issued this morning - if you’re not in a position to deal...
DS thank you
Mr W on his feet saying the application is time-sensitive, the expert needs two days to prepare his report
[Judge not having any of it]
Mr W It relates to metadata disclosed by the claimant in Jan 2020 - it is only this morning...
[DS mutters]
The metadata in this case is crucial
Judge well what had been disclosed in Jan were pictures taken by AH
Mr W - yes...
Judge - all the times are 00:00
Judge - it doesn’t take a genius to see there’s something funny…
Mr W indeed and AH provided the correct metadata
Judge- there isn’t a Witness Statement from AH exhibiting those documents
Mr W no they’ve been disclosed to us by the other side
Mr W some of it but not all of it
Judge what you want is the time of the pics
Mr W yes it’s very important to our case
[this is getting toeey and fro-ey. I’ll tweet the result]
Takes Judge to a photo of AH which was taken on 21 May which shows bruises.
And now Schillings are saying that whilst they accept the time and date, they say the images have been "Saturated or otherwise photoshopped"
He was asked to do this yesterday.
Your lordship will appreciate that we have been waiting since the weekend to find out if the claimant is going to challenge the metadata and we cannot be blamed for the lateness of the exercise.
Judge - DS has a point - it’s whether this is the right time to make the application
Mr W we think we CAN make the application now - DS has been stalling
Judge wait a minute DS - you’ll get a chance to speak
Mr W this is a very simple application
Judge now just a minute please. Mr Sherborne sit down. I don’t need to hear from you because I am sympathetic that you ought to have an opportunity to respond. It clearly is something that needs to...
DS yes but there are a few things your Lordship needs to understand. first of all it’s simply not true to say…
Judge Mr Sherborne I am not by acceding to your objecting intending to reflect at all on...
DS well yes, but this expert report seems to involve the provision of images to the expert on 13 July to which they’ve referred in this letter… so we will need to consider how to...
Judge - while I am sympathetic to you not dealing with it this afternoon, we really do need to get on with this - we are in the middle of the trial.
[application will be decided...
Judge so that AH evidence can start at 10am
DS indeed - we wouldn’t want to distract from that exercise.
DS…. oh I am told he is here already here.
Judge - by “here” you mean…
DS I am so sorry
Judge - well if he is ready...
[judge rises as they establish video link]
DS says he shoul;dn’t be dealing with this witness as Ms Wass compelled her to attend
Sasha Wass QC I will do it, but Officer Saenz was subpoenaed and DS dealt with her
DS I am happy to do it…
Judge gets Laura Divenere sworn in.
DS is getting her to confirm here witness statement.
QC I am going to ask you to look at one or two documents if I may
[we go to a file]
[LD is wearing a black loose jacket with rolled up sleeves, a black round necked top...
QC these are a series of texts sent on 22 June 2019: Dear Laura I assume you are fearful of something and you needn’t be - I heard from Johnny and others you’re a nice person - I have video of you and
QC is that a text to you from Adam Waldman
LD it is
QC and did you forward that text to Amber Heard
LD yes
[they play the tape]
[the basic gist is a terrified LD is talking to AH about being coerced into signing a “vanilla” statement and she has come to say to AH she is terrified of what JD's lawyers were insinuating they would do to her]
QC prior to receiving the text from AW did you want to get involved in the dispute between JD and AH
LD no
QC did you feel uncomfortable after getting that text
LD yes
QC did you feel under pressure
LD yes
LD no Adam Waldman did. I just approved and signed it.
LD yes
QC but that’s not included in your declaration
LD um
QC take my word for it - there is no mention of Kate James
LD AW told me about that - I didn’t know about that before it went in my witness statement
[we go to par 8]
QC who wrote that
LD Mr Waldman
Judge - is it true?
LD She did scream at Kate on that occasion, but only once
[no further q’s from QC]
DS you’ve said you don;’t want to be here
LD correct
DS and you don’t wnt to do anything to hurt Ms Heard
LD true
DS you were played a recording with or without your knowledge by AH
DS did you go to see her or did she ask to see you
LD she asked to see me
DS is that cos she’d heard about your declaration
LD yes
[we go to an email]
LD So anyway, do you want to sit down.. or...?
AH Yeah...
LD Alright, so I’m gonna fill you in.. with these.. with what they’re doing to me right now.
AH What?
LD Johnny’s team.
LD Okay, because..
AH But it looked like from the screen.. or uh.. whatever..
AH What did he say?
LD No! Yeah! He. Well.. he’s like.. well then, he thought I was totally conspiring with you, and I.. literally took it that I was like this lying person and he was gonna go ahead and subpoena me.
AH So.. how did that information get to you?
Judge asks DS how he wants to proceed
DS reads out some of the email
DS is pointing out that it can’t be pirivileged as it’s gone to all counsel
and she confirmed in her statement she saw no injuries
Judge - is there anything else you want to say about the admissibility of this document?
DS no, but we will want to...
Judge asks if Sherman has anything to say
MS - yes - look at the two and from lines from these emails they are drafts sent to me - it was never sent it was under privilege - if it was sent inadvertently to Rufus Isaacs then he should have...
DS I don’t know who mr Rufus Isaacs is. this email chain was provided to Kevin Murphy by Laura Devinere. And they are not drafts.
[Mr Sherman wishes to be heard.]
MS there is no reference to KM or nothing to show...
Judge - I’m not going to make a decision on this now. it will be part of my overall judgment in this case.
QC it appears DS is planning to impugn his own witness
Judge - point has been taken amply by Mr Sherman on behal of the witness...
DS you said your declaration was true, and you have affirmed it in that email to Mr Sherman it is correct
LD I’m not sure what I’m looking at
DS the email from LD to Lee Sherman
LD the “highly...
DS That’s the one. Is that you?
LD it seems to be.
DS thank you no further questions.
Judge thanks her
[judge rises]
LD [contd] So I didn’t know anything. And then I got a text from him at like 3 o’clock in the morning, basically calling me a liar, and literally saying well, then you are just part...
Correct – without a question.
So I’m gonna paraphrase what they said after the conversation. He – it was almost 2 and a half hours, he was the biggest ass I’ve ever encountered in my life. But what they have got..
Well you.. you have..
I said – I would have no idea who they were from. I go I’m not gonna read somebody’s envelope.. and so he tried to get that information from me, and I was being honest, I didn’t know anything.
And he’s like, well we have it on record that she’s called you crying, and that –remember I told you, you’ve got to get rid of –
Don’t – don’t do this. ‘Cause I’m.... *sigh* okay.
LD Your mother!
AH My mom’s never screamed at him.
AH *sniggers* you can’t subpoena someone for perjury.
AH You subpoena someone as part of a legal process .. LD Well, there you go.
LD - They’re completely manipulating it -
AH Without people being savvy, about the law. They are threatening people..
Judge who am I hearing?
QC this is the lawyer for Newsgroup
Judge you want me to hear him?
QC well KK is not my witness
Judge you do represent NGN tho
QC I think he wants
Judge - well I want to get on with this case
QC we all do
Judge - Mr Isaac this is not the time
[Katherine Kendall is sworn in]
KK yes
QC and the MeToo movement was started after serious allegations were made against Harvey Weinstein.
KK yes
KK yes
QC and you described calling him out as being one of the hardest things you’ve ever done
KK yes it took 20 years ot have the courage to call him out publicly - it was one of the scariest most difficult things i’ve ever done
KK yes
[QC no further questions]
DS what happened to Harvey Weinstein after the accuasation against him
KK he was convicted and is now in prison
DS after a court case or in the media
KK court case
KK no
DS it was heard by a court and gave evidence and was convicted by a court - is that an appropriate…
Judge - no no no DS, that’s not going to assist me in this case. Any further questions for KK
DS…….. my Lord, no.
DS is now proving to the judge that LD sent her emails to Kevin Murphy “you may have seen LD’s face when I said she forwarded them to Kevin Murphy, and my Lord, this is why"
Let’s….
AH .. to coerce statements out of people -
LD I know. Yes.
AH And people are actually able to be tricked, if you don’t know anything about..
LD He just told me! No, but, I know.. but that’s what I’m saying - AH Nothing he said.. I mean.. it’s all manipulation
AH I mean so this guy has literally said they have me on camera, which – funny we’ve never seen that footage, we’ve seen me stand in an elevator. But they literally made up this
Like he – literally just made up. It’s literally just made up.
And he was using the analogy of well, if my arm was ripped off! And I’m like, and, I said, she was visibly upset the entire time,
So it’s really vanilla, and I will show it to you as much as I
LD I know! Amber!
No, I didn’t see you black and blue, but, she was all swollen and
AH How many days after the..?
LD *sigh* ... he said, it was like – and again, it’s like four years ago, so I couldn’t even place it!
So, I go, please, and he’s like well we have you up there on the 15th, and I said, but, I might not have even seen Amber! I mean,
And I’m like, well then, how nice of a guy is he? You know.. and .. anyway.. I just..
LD I was around.
LD Before..
AH OK.
LD And then also after..
AH So he’s specifically said before and after.
AH Well, of course.
LD
Right, and then he also asked did I ever talk about it with iO, or
I said I know I talked about it with Amber, but if you’re telling me
you’re asking me did I talk about it on this 23rd or24th ,I go, my
guess is probably. But I’m being honest, I don’t recall because
And he’s like well then we’ll go ahead and we’ll sit there and depose you, and I said you can sit there and depose me now,
LD With you! And I said so, you know, I go, did I ever get into an argument.. and he’s like well how is your relationship with Johnny? And I said, it was fine! It was absolutely pleasant. I go –
AH Do you.. have you ever um.. seen me be.. when you were talking
LD No – I literally said no,
AH Because this is.. I remember you being the strongest advocate for me firing her.
LD I know!
AH ..or anything. I just wanna be clear, I.. that I .. that you didn’t see be physically, or verbally abusive of Kate?
AH But do you think I was verbally abusive to her?
LD No, I said you were yelling – on the phone because – everybody had heard about it – I told you about that.
LD Yeah, just that one incident. I said never, ever, had I heard anything.. and then, he said well would you be shocked to find out that she’s got PTSD, and she’s going to meetings for it? And
AH I mean, altercation? I haven’t even met...
LD Oh, then see, then I have no idea, but he’s the other one that is saying all of this other crap. So that’s the only stuff that I know that the attorney was talking about.
LD No! the only thing I backed up were photographs from work.