Judge Penney Azcarate has denied a request from Johnny Depp’s legal team to toss a statement from ex-wife Amber Heard’s attorney that Depp’s team argued could improperly sway the jury.
Depp is suing Heard for $50 million over alleged defamation stemming from a domestic violence Washington Post op-ed penned by Heard in 2018. The “Aquaman” actress has countersued for $100 million.
Ben Rottenborn told the jury during closing arguments that they must send a message to “every victim of domestic abuse everywhere” via their verdict.
“The language could potentially shift the jurors to weigh in on domestic violence as a social issue and away from the facts of the case, Depp’s attorney’s argued,” a Fox News report outlined.
“Such argument by Ms. Heard’s counsel improperly invites the jury to decide the case ‘based on passion and prejudice’ and a specific jury instruction is necessary to cure this impropriety,” Depp’s team said.
Rottenborn further told the jury during closing arguments that ruling in favor of Heard “sends a message that no matter what you do as an abuse victim, you always have to do more.”
“No matter how honest you are about your own imperfections and your own shortcomings in a relationship, you have to be perfect in order for people to believe you. Don’t send that message,” the attorney added.
JUST POSTED: #JohnnyDepp’s objection (and memorandum in support) to improper argument and Motion for a Curative Instruction and Revised Special Verdict Form@courttv #DeppvsHeard #JohnnyDepp #AmberHeard pic.twitter.com/P4u56ysg1x
— Chanley Shá Painter (@ChanleyCourtTV) May 31, 2022
Judge Azcarate refused to toss the statement since the jury was already deliberating.
#ICYMI: The judge addressed this filing in court today telling #JohnnyDepp’s attorneys she would not entertain the motion because the case is in the hands of the jury now.
Also, I asked & #AmberHeard’s reps didn’t have a comment on the motion or it’s allegations. @CourtTV— Chanley Shá Painter (@ChanleyCourtTV) June 1, 2022
The jury thus far has deliberated a total of nine hours, two on Friday and seven on Tuesday.
The jury on Tuesday asked the court a question about Heard’s op-ed and jury instructions.
“Question pertains to this page of jury instructions, items 1 (the title) & 3 … QUESTION: Does question #3 (the statement is false) pertain to the headline or does it to pertain to the content of the op-ed?” Court TV legal correspondent Chanley Shá Painter explained, captioning a copy of the instruction page. “ANSWER: The statement is the headline not the entire op-ed.”
#DeppvsHeard Question pertains to this page of jury instructions, items 1 (the title) & 3
QUESTION: Does question #3 (the statement is false) pertain to the headline or does it to pertain to the content of the op-ed?
ANSWER: The statement is the headline not the entire op-ed pic.twitter.com/swdqGP05h9
— Chanley Shá Painter (@ChanleyCourtTV) May 31, 2022
Heard has detailed serious allegations of abuse at the hands of Depp, including a rape with a possibly broken Maker’s Mark bottle.
“I didn’t know if the bottle he had inside me was broken,” the actress said on the stand this month, recalling an alleged incident from 2015 in Australia. “I couldn’t feel it. I couldn’t feel anything.”
Depp and his legal team, alternatively, have denied all allegations, telling the jury that Heard is perpetrating a #MeToo hoax to take from Depp, and also to punish him for leaving her.
Source: Dailywire
