Wow. Absolutely huge day yesterday. I’ll do my best to summarise. #DeppHeardTrial
JD returned to the stand. I thought this was going to be very narrow in scope, just confirming that he didn’t know about the Waldman statements – in the end it was anything but. As before, JD was (for the most part) a very personable witness. He’s friendly, polite, makes jokes
He was asked what it was like listening to AH’s testimony and allegations during this trial. He replied: “Insane. Horrible. Ridiculous, humiliating, ludicrous, painful, savage, unimaginably brutal, cruel and all false. All false.”
He also spoke directly to the jury about why we had brought the case. “This is not easy for any of us. I know that. No matter what happens, I did get here and I did tell the truth. And I have spoken up for what I've been carrying on my back reluctantly for six years."
He repeated that he has never physically/sexually abused AH. "I have never in my life committed sexual battery, physical abuse. All these outlandish, outrageous stories of me committing these things and living with it for six years and waiting to be able to bring the truth out.”
Depp’s lawyers also asked him about being hit by AH during their honeymoon, and was shown two photos of him with a black eye during that time, which he confirmed did show his "shiner".
He also showed the jury some more photos of the severed-finger night. It seems really important to his team that at the end of the day, the jury believes his story about the finger rather than hers (which is smart – those photos of the injury are hard to forget).
Alright, cross. This was one of the first times I’ve seen AH’s lawyers do a properly successful cross. A few important things came out. Firstly, AH’s team asked him if he has said, describing women he wants to be involved with, “I need, I want, I take”. He categorically denied it
He was then presented with new text message evidence showing that he said exactly this, in all caps. Yikes. He seemed taken aback, said the messages must have been tampered with, repeated his denial that he’d never said it.
He was also shown a message in which he said: “Molly’s pussy is RIGHTFULLY MINE!!! Should I not just bust in and remove its hinges tonight?” He again said that maybe the texts had been messed with or someone had his phone.
Important to note, I think, that with JD’s history of being a *very* endearing witness, this got him noticeably riled up and a bit snarky. His tone stayed this way for most of the rest of the cross.
In another interesting moment, he was shown evidence that the honeymoon photos, in which he appeared to have a black eye, were photoshopped. JD responded by saying he thought it was the other way around: the photo where he looks like he doesn’t have a black eye is the edited one.
While we're on the subject of doctored photos, we also heard from a metadata expert who said that AH’s bruise photos had been run through an editing program. He that different versions "don't match forensically" & had been through "some type of transformation to change sizes"
Ok, back to JD. His lawyers also used this re-call to get him to talk about why this case is different from the UK trial (AH’s team "opened the door" to this, as we say in legal speak, when they said to him: “you’ve had a chance to tell your story before, haven’t you?”)
So JD was able to explain to the jury on re-direct that in that case AH was only a witness and that there were limitations on the evidence he was allowed to present. It's interesting, in a law-nerdy way, that they don't seem to be allowed to discuss the outcome of that case.
We also heard from the TMZ reporter who received the tip including the smashing-cabinets video. The judge overruled a motion from TMZ to stop him from testifying based on first amendment protections of journalists’ sources. Also VERY interesting, from a law-nerd perspective.
Overall, this was, in my opinion, extremely damaging for Johnny Depp. Between those misogynistic texts and his aggression on the stand, he came off looking... not good.
So JD’s team, I think, wanted to hear that the reporter had got the video from AH or one of her agents. He didn’t say this – he said it came through the email tipline and he doesn’t know who sent it. BUT
He did say that he was tipped off to take photos of AH when she was leaving the courthouse after getting her TRO. This goes to their argument about her state of mind/motive in terms of publicity around the TRO.
We also had another battle of the experts. Dr Curry was re-called to rebut Dr Hughes, and as before, she was a personable witness. She said that Dr Hughes had used improper tests to get to her conclusions, and that she relied too heavily on AH’s self-reporting.
She also said that Dr Hughes drew inappropriate conclusions about what had actually happened in the relationship, which Dr Curry says you cannot tell from this kind of testing.
Dr Curry re-iterated her testimony that she doesn’t believe AH has PTSD because, apart from testing results, she says that AH is highly functional and that PTSD is extremely debilitating – requires breaks from work, people become housebound, can’t “go to the store”.
I’m not going to say anything about that because I don’t think I can be "neutral" about it. I have PTSD, and have had periods out of work etc, but sometimes am functional. Anyway, I don’t think I should comment on that.
On cross, Curry was asked about having dinner & drinks at JD’s house with JD and his team. Again, I don’t know why this kind of effective cross wasn’t on display before, but it landed this time. It does seem v strange to drink at what Curry described as an “interview”.
AH’s lawyer also pressed her on the fact that she never disclosed this dinner/drinks with JD. Curry said she didn’t disclose it because the interview was standard procedure for her. AH's lawyer pressed her on whether it is standard to go to a client's home.
Ok, KATE MOSS. She testified that JD did NOT push her down the stairs in Jamaica, per the rumour (repeated by AH). She said he never pushed her down any stairs, but she was not asked about the rest of the relationship. No cross of Kate. Interesting choice.
We also heard from an airport worker who saw the incident in which AH was arrested on DV charges against her ex-partner. (I assume this is what she was describing, although I don't know if we were specifically told this)
She said that she witnessed AH become “aggressive toward her travelling companion” and that AH ripped a necklace off her. The airport worker said she had to break up a fight between the two women.
Umbrella Guy has circulated claims that the texts were incoming, not outgoing. Firstly, this was addressed in court and JD accepted that the metadata shows it's from him. Secondly, if it's true, I promise JD's lawyers will not let the jury deliberate without correcting it

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More from @LuciaOC_

May 27
#CamilleVasquez on rebuttal on behalf of Johnny Depp:

"The time has come for those lies to come to an end. The time has come for you, the jury, to decide the truth."

#DeppHeardTrial #JohnnyDeppAmberHeardTrial
"Ms Heard has no right to tell the world that Mr Depp physically and sexually assaulted when that isn't true... That isn't protected speech."
"Ms Heard made up claims of abuse, and then she gave a performance where she passionately repeated those claims of abuse, on the stand in front of you."
Read 4 tweets
May 27
Heard’s closing:

“Think about the message Mr Depp and his legal team are sending to Ms Heard and, by extension, all victims of domestic abuse: If you didn’t take pictures, it didn’t happen. If you did take pictures, they’re fake.”
“If you didn’t tell your friends, you weren’t injured. If you did tell your friends, they were part of the hoax.”

#JohnnyDepptrial #JohnnyDeppAmberHeardTrial
“If you didn't seek medical treatment, you weren't injured. If you did seek medical treatment, you're crazy… if you finally decide that enough is enough, you've had enough of the fear, enough of the pain and you have to leave to save yourself, you're a gold digger”

#DeppVsHeard
Read 12 tweets
May 27
Another huge day in court yesterday. Here’s what happened:

#DeppHeardTrial #JohnnyDeppVsAmberHeardTrial #DeppvHeard #deppvsheardtrial
Amber Heard returned to the stand. Her lawyers asked her how this trial has affected her, and tbh it was heartbreaking. I know people are saying that they don’t find her emotion credible but personally I don’t see that; I see a very distressed person.
AH was asked about the mockery and harassment she has received from JD fans. She says she gets “thousands” of death threats.

“People want to put my baby in the microwave, and they tell me so.” She also talked about being harassed by JD fans outside the courthouse.
Read 28 tweets
May 26
I'm seeing a lot of people say that because Heard mentioned on the stand that the op-ed was about Depp's power, that this is an admission that the op-ed is about him and is enough to prove malice, and therefore he wins. That's not right. An explainer:

#JohnnyDeppVsAmberHeard
I see this mistake a lot so I think it's important to clarify how the law works here. Malice on its own is not enough to prove defamation; it's a secondary question for the jury. The first question is whether or not the statements in the op-ed were "false".
So, first the jury has to decide if the statements were false. If they are not convinced that the statements were false, malice and intent do not factor into the question AT ALL. Substantially true statements cannot be defamatory even if made with the world's most evil intentions
Read 6 tweets
May 25
A thread on yesterday’s rebuttal witnesses in the #DeppHeardTrial.

Interestingly, most of rebuttal so far has been focused on the specific question of calculating damages for Heard’s counterclaim. So, a quick note about damages.
For claims that are defamation per se, which both the claim and one of the counterclaims are, the plaintiff doesn’t have to prove that the statements were damaging. So, they don’t have to call witnesses to say, for eg, what an ordinary reader would think of an abuser or a liar.
That's because the allegations are so serious that they are damaging on their face. BUT the jury does still have to decide the *amount* of damages, so they have to be presented with evidence about how to calculate how much to award to either party.
Read 24 tweets
May 13
Me again, your friendly neighbourhood legal correspondent, with another little thread about some of the legal issues in the #DeppHeardTrial:
Depp has alleged defamation “per se”, which means that the statements are presumed to be defamatory, without requiring them to be put in context/use of external facts. Defamation per se applies to implications that are particularly serious, i.e. the commission of a crime.
It means the plaintiff, Depp, does not have to prove that the allegations were harmful in order to win – they are presumed to be harmful, because of their severity.
Read 16 tweets

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