Johnny Depp vs. Amber Heard defamation trial: What evidence and testimony didn't make it to the court for the trial? Learn more here.
by Ana Walia | Mon, 01 Aug 2022 13:10:49 GMT
The battle between Johnny Depp and Amber Heard is not over. Image Source: NY Post 

The battle between Johnny Depp and Amber Heard is not over.

The pre-trial court documents of Johnny Depp and Amber Heard’s defamation trial were recently unsealed and the accusations, allegations, and evidence that did not make it to the trial were unveiled.

The jury found that the actress had defamed the actor when she published the op-ed in 2018, two years after getting a restraining order against the actor, according to the six-week defamation trial's judgment, which was delivered on June 1st and was in Johnny Depp's favor. Since then, Amber Heard has made an effort to have the case's decision overturned by arguing that one of the jurors who sat on the jury panel for the case was not meant to be there and, as a result, has requested a mistrial.

6,000 pages of pre-trial court documents were unsealed and includes part of the evidence that was never presented to the court or broadcast, and sources claim that there is a lot of information and details that both parties sought to introduce into evidence but were unable to do so because the judge disallowed them or deemed them inadmissible. Some of the documents deal with purported evidence that Amber Heard's and Johnny Depp's attorneys attempted to have the jury consider but were unsuccessful in doing so.

According to Amber Heard's legal team, the multiple images and recordings that Johnny Depp's legal team presented as proof of the alleged injuries the actor allege he suffered and the alleged verbal abuse had conflicting information. The legal team for Amber Heard claimed that the images, audio, and video that Johnny Depp's team provided as proof may have been altered, and they filed repeated motions to get the original records, but they were all rejected. Even further, they hired a forensic expert who claimed in court that he had examined the metadata and found "anomalies that put into question the legitimacy of the multimedia documents." In the end, the court decided against using the forensic expert's testimony as evidence.

Amber Heard's lawyers claim that Johnny Depp struggled with erections. Image Source: People 

Amber Heard tried to introduce some of Johnny Depp's medical records as evidence, but the legal team defending him, led by Benjamin Chew and Camille Vasquez, argued against her efforts, claiming that she only wanted a circus and wanted to drag the case down several needlessly racy rabbit holes, including and especially those involving Johnny Depp's medical history. Amber Heard said that Johnny Depp struggled with erections and provided a list of medications as proof, which included "Nexium, Cialis, and Valtrex." She further suggested that the abuse could have been motivated by this condition and according to Johnny Depp's counsel, the actress reportedly provided the proof only to embarrass Johnny Depp in court.

In the motion, Johnny Depp inappropriately sought to introduce evidence of the following irrelevant personal matters, according to Amber Heard's legal team, and they cited Amber's brief stint as an exotic dancer years before she met Johnny Depp "as an example." They also claimed that Johnny Depp's team attempted to submit nude pictures of Amber Heard as evidence. According to the complaint, Johnny Depp "tried to frivolously and maliciously infer or insinuate that Amber Heard was once an escort." The actor's attorney attempted to have testimony on the actor's arrest record and other matters, including a recently-resolved case, omitted. They also attempted to keep the jury from seeing a reality show clip of Amber Heard's sister Whitney Henriquez and information about their previous romantic connections. 

Johnny Depp's lawyers attempted to submit nude pictures of Amber Heard. Image Source: People

Due to the numerous controversies and allegations surrounding Marilyn Manson, Johnny Depp's lawyers specifically requested that text messages between him and Marilyn Manson be excluded, arguing that doing so could "smear Johnny Depp under a guilty by association theory" in addition to the numerous shocking texts Johnny Depp sent people regarding Amber Heard that were admitted.

A lengthy portion of allegations, including one that Johnny Depp's former assistant Tracey Jacobs said she was unwilling to discuss with Amber Heard's attorney Elaine Bredehoft, are also included in the records. This charge is that the actor lied to the LAPD. Records show that one of the "essential and injurious facts" withheld during the trial was that Johnny Depp appeared on TV inebriated and stoned, to the point where Disney studio personnel contacted Tracey Jacobs wondering what the earth was wrong with her client. It is however unclear in the complaint to what alleged appearance the lawyer was addressing.

Amber Heard has filed an appeal to challenge the decision stating that the court and the jury have made error that prevented a just and fair verdict consistent with the First Amendment. Johnny Depp has also filed an appeal to overturn the $2 million verdict announced in the favor of Amber Heard. None of them have commented on the unsealed court documents.