Amber Heard’s Legal Team Says Depp’s Attorneys Will ‘Pound Away On The Victim’
By Kristin Myers on May 17, 2022 at 7:30 AM EDT
Actor Johnny Depp and ex-wife Amber Heard continue to make headlines as the trial continues.
The couple is facing each other at the Fairfax County Circuit Court. The “Pirates of the Caribbean” actor is suing his ex-wife for $50 million over a December 2018 op-ed Heard wrote for the Washington Post where she claims that she is a domestic violence survivor. Although she did not mention Depp by name, he claims that he has lost movie roles due to the “clear implication” that he was the “Aquaman” actress’ abuser. Heard is countersuing for $100 million dollars.
Heard began her testimony on Wednesday morning by describing how they met on the set of "The Rum Diary." She then continued on to explain the first time that Depp allegedly struck her. On Thursday morning, she recalled further allegations of abuse, claiming that he kicked her in front of other people on a plane. On Thursday afternoon, she recalled graphic physical and sexual abuse.
The court went on break for a week and resumed the trial on Monday, May 16. In the morning, Heard recalled the violence she claims she experienced on the night of her 30th birthday and insists that she did not leave the fecal matter on the bed. She also spoke briefly about the reasons why she filed for divorce and filing for a domestic violence restraining order.
On Monday morning, Heard's legal team released a statement ahead of her cross-examination, which took place just after 3 PM ET that afternoon.
Amber Heard's Legal Team Calls Out Johnny Depp's Attorneys
![Amber Heard shows her bruised face and ripped scalp in disturbing photos taken after a 2015 fight where she claims Johnny Depp beat her so badly she thought she was going to die. The photos were shown in court as Heard gave evidence in the ex-couple’s defamation trial, claiming Depp headbutted her and dragged her by her hair, leaving chunks of it all over the floor. Heard told Fairfax County Circuit Court she suffered two black eyes and a split lip during a fight with Depp in December 2015. According to a report of the proceedings published by the Daily Mail, Heard said Depp asked her, “You really want to go now, tough guy?’ before punching her. Heard said: “I look him right in the eyes. It was a really still moment. “(He said) ‘You want to go again, tough guy?’ I looked right up at his face, he balled up his face, leaned back and headbutted me square in the nose. “Instantly (I felt) searing pain. It's one of the few memories I have of physical pain, searing pain.” She told the court Depp dragged her by the hair into a neighboring apartment, leaving chunks of hair all over the floor. Depp got on top of her with her face in a pill and was repeatedly beating her, the court heard. Heard said: 'He's trying to hold me with his knee on my back and he's punching me with a closed fist repeatedly. “I remember the sound of Johnny's voice he got next to my ear and he was screaming over and over again, ‘I f**king hate you! I f**king hate you!’ Over and over. ‘F**king hate you!’ Pounding the back of my head with his fist. “I could hear myself scream until I couldn't hear myself anymore, I could just hear him say he was going to kill me and he sounded like an animal in pain when he was saying he f**king hated me. “He sounded different, like he was in agony. He just hit me over and over and over again. I got really still and it felt in my body quiet. “I thought, ‘This is how I die, he's going to kill me now. He's going to kill me and he won't even have realized it.’ “I couldn't breathe. I remember trying to scream and I couldn't scream suffocating in this pillow top with him holding me down punching me. I don't have any memory after that until I woke up.” The former couple are facing each other at a trial at Fairfax County Circuit Court in Virginia as Depp sues for $50 million over a December 2018 op-ed Heard wrote for the Washington Post declaring herself a domestic violence survivor. The article did not mention Depp by name, but he claims he lost his iconic role of Captain Jack Sparrow in the Pirates of the Caribbean franchise because of the “clear implication” he was Heard’s abuser. 05 May 2022 Pictured: Amber Heard shows two black eyes and a split lip in photos taken after an alleged December 2015 fight with Johnny Depp, in which she claims he beat her so badly she thought she was going to die. The photos were submitted as defence exhibits in the ex-couple's defamation trial at Fairfax County Circuit Court. Photo credit: MEGA TheMegaAgency.com +1 888 505 6342 (Mega Agency TagID: MEGA854687_008.jpg) [Photo via Mega Agency]](https://theblast.prod.media.wordpress.mattersmedia.io/brand-img/123/0x0/2022/05/MEGA854687_008-scaled.jpg?)
A spokesperson for Amber Heard provided The Blast with a document from the National Coalition Against Domestic Violence (NCADV), which is a valuable resource for determining the core aggressor in toxic relationships where domestic violence might be present.
They also gave a statement ahead of Heard’s cross-examination on the stand.
“There’s an old saying by trial lawyers: when the facts are on your side, argue the facts,” a spokesperson for the actress said. “When the facts are not on your side, pound away on the podium.”
“Today, we expect Depp’s attorneys will instead pound away on the victim,” they continued. “We fear it will be equal parts shameful and desperate.”
“And, the overwhelming evidence -- the truth -- is not on Depp’s side,” they concluded. “The one thing we suspect Depp’s attorneys will avoid is the central issue of this trial: does Amber or any woman have the First Amendment Right of Freedom of Speech.”
If history repeats itself, it is more than possible that Depp will lose this trial. He previously lost his 2020 U.K. libel case against the British tabloid “The Sun.” Even legal experts believe that Depp is facing an “uphill battle” in his case against Amber Heard.
Will Johnny Depp Be Able To Win His Defamation Lawsuit Against Amber Heard?
Daniel Gutenplan, entertainment litigator, defamation expert, and a partner at Enenstein Pham & Glass, told PEOPLE that Depp is facing an "uphill battle" in winning his lawsuit against his ex-wife.
“In terms of the trial in Virginia right now, I think Johnny Depp has an uphill battle,” Gutenplan told the publication. “Defamation is very hard to prove. First and foremost, truth is an absolute defense to any defamatory statement. So regardless of the alleged defamatory statement, if a defendant can establish that it is true, the defense is going to win.”
Gutenplan agreed that the op-ed “doesn't detail any specific alleged events or any specific conduct. It is incredibly general in that regard.” He added that winning a defamation case “has to be based on facts” and said, “It can’t be based on opinion. And that's where a lot of defamation plaintiffs get in trouble.”
“When we're talking more about defamation, it really does come down to he said, she said, or he said, he said, or she said, she said, whatever it might be, but it's an opinion of two people and the defamation claims are oftentimes not reduced to writing,” Gutenplan added.
He continued, “And so anytime you get into a courtroom, you get into a legal battle, and it's one story against another — which, by the way, is exactly what's happening in Virginia right now. It's two people telling two very different stories, right? It's tough to prove, and let's not forget that Mr. Depp is the plaintiff and carries the burden of proof to show by a preponderance of the evidence.”
Though he says he is uncertain how long the trial will last, it is likely that either side would appeal should they lose. At this point, it is unclear how long the trial may ultimately go on.
