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May 16, 2022 - Viva & Barnes
07:58:48
Amber Heard Testimony CONTINUES! Depp v. Heard Trial Coverage
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Time Text
Welcome on that trip with us, yes.
Alright, people.
Okay, and was it in 2013 or was it 2015?
It was in 2015.
Okay.
Let me know if the audio levels are good between me and what we're listening to here.
How are the audio levels?
I've been taking notes while I was driving my wife to work and stuck in traffic.
The train trip itself was peaceful up until...
Johnny started drinking brown alcohol.
He had already started drinking champagne.
When I returned from the press tour, that's when he was drinking wine and champagne.
Stop that.
When we wrapped on Pirates 5, the plan was for us to do this honeymoon.
Good, good, and good.
She's a bit loud because I know a pattern, but I was not willing to accept that we had gone back.
Let me go back here.
If she's a bit loud, I'm just going to go to...
This one looked good.
How is this now?
Is she going to be too quiet on this?
Let me just see what the chat says.
Trial audio seems to be peaking.
Echo.
Okay.
This is better.
This is better?
Chat?
Better.
Good.
Let me see if I can tinker with the audio here.
Edit name?
No.
Settings?
Duct tape works too low.
Crank it up, Viva.
They're going to have to go back to the law and crime.
Let's do this here.
Okay, we'll get this.
I'm going to lower the lawn.
Too low for Amber.
This is better.
Chat, let's see.
Yes, good.
No, not good.
To turn down the sound, good morning.
And let me hold on.
Let me expand.
Better, good, okay.
And I'm going to go here.
Yeah, so...
A very long time, and every time he kind of would pull me away from the side of the car, he'd slam me up against the wall, and I remember looking down at him and trying to get his arms better.
Level good, quality poor, doesn't matter.
We're going to have to live with this.
Anyone notice when she was talking about not knowing which version of Johnny she would be dealing with?
She didn't know which version of Johnny she was going to be dealing with.
Seems to be describing herself if you don't believe her.
As he was standing on the ground.
And kind of clawing at him, trying to get him to, you know, his arms away from my neck.
I remember...
Oh, here we go.
We're back to I remember.
At one point, you ripped the top of my shirt.
I don't really remember what it was, but I remember...
Yes, thank you.
At some point, I pull out his lapel of his shirt and he...
Angle the mic away from the computer.
Oh, hold on.
No, we'll do this.
And wraps it around my neck.
And that's how I woke up.
The next morning, actually, I woke up with it still around my neck.
And with a giant knot in the back of my head.
How's this for Echo?
Is it better now?
Yes, I did.
Michelle, can you bring up Defendant's Exhibit 461?
Is the Echo's gone now, people?
I think it should be.
By the way, she's on again describing...
It is a diary, Your Honor, and I will just ask her some questions about it rather than trying to admit it into evidence at this point.
Good, good.
It's okay.
Okay, good.
I hate headphones, but...
Oh, God, we'll do it.
What if anything do you recall about recording what transpired on that train?
Objection, hearsay.
The echo might be coming from the feed.
I'm just asking her whether she did.
Okay, let's just...
We're gonna figure it out, people.
We're gonna go back to...
Ah, my dog stepped on a bee.
Yo, Amber, take the mic.
What?
We're leaving it here.
We're leaving it here, people.
And I'll lower my audio if I need to.
No echo, and the audio is good?
I'm going to move the admission, Your Honor.
It's another recording between Mr. Depp and Ms. Heard.
There's nobody else.
It's plaintiffs.
What number was it?
It's plaintiffs.
It's 390A.
Okay.
Any objection to 390A?
I'm sorry, Your Honor.
We're going to leave it here, people.
This is good.
May we approach?
Okay.
So, by the way, she's back on while we have a sidebar here.
Yeah, I think the barrel sound was actually law and crime because I think they're doing something to enhance the court audio, if I had to suspect, which makes it sound like it's being amplified and rung through a barrel.
What do you want?
Yeah, okay.
Rather die on my feet than live on my knees.
Happy Monday, Viva.
Save Canada.
No objection.
All right, 390A in evidence.
She's back on describing...
Back on describing some of the most egregious alleged violence ever.
And the evidence that she has for the cuts on her arms and feet is a picture of her on a red carpet.
No pictures of the injury.
No pictures of the scars in a medical or other setting.
An incidental picture where you can see things on her arm.
Please stop.
Please stop.
Fucking acknowledge what I'm saying before you keep making demands.
You are not a school teacher.
Shut the fuck up.
Listen to me.
And then you can fucking respond.
Understand?
You ain't nobody's fucking mom.
You ain't no schoolteacher.
Don't fucking pretend to be authoritative with me.
You don't exist.
What were you discussing in that call?
The thing to bear in mind is the evidence that she's submitting to substantiate her claims and what she does not submit to substantiate those claims.
Each other without the other's permission.
And Johnny said it didn't matter anymore.
The requirement of that permission from me.
I was trying to say...
I think you get secret recordings of anybody on their worst day.
I think most people would probably be worse than Johnny right there.
Please describe your relationship with Mr. Depp in that time frame.
You said August?
August 2015.
August 2015 was a difficult time.
Was he reading lines from a movie?
That would be ironic.
That would be a brief honeymoon we had.
Johnny's use continued, well, started again.
It's not team Johnny, it's team evidence people.
agreement.
She just testified that she passed out after he strangled her with a towel and she's there's no pictures, no medical reports, no doctor's visits, nothing.
Which was already a problem or problematic.
Um, I was Baba Yaga, we spent two and a quarter hours last night talking about other stuff.
There's time in the day.
Asked if I would meet with the people who are making the show.
Objection hearsay.
It's not offered to prove the truth of the matter.
And so I was considering taking that job.
No evidence.
There was a possibility it would require brief nudity, which I knew I would have to negotiate down.
But obviously that was a problem for Johnny.
Didn't want me to do that.
Didn't want me to work.
And frankly, I needed to.
And there was another film I had coming out that I previously shot.
It's called London Fields.
Good.
We're going to leave it here, people.
Awesome.
It was a source of a lot of fighting between us because of the sexuality in the role.
It was a constant negotiation between myself and the filmmakers.
They made a film, and Johnny told me that he had heard about it.
Was unhappy with some of what he had heard.
He was unhappy with me having done a sex scene in it.
No live stream of Ghislaine Maxwell.
You know who else starts their trial today?
Sussman.
No live streaming that either.
We watched a screener of it, which is like a version of the film before it's released.
We got one sent to where we were at the time, Johnny Chateau in France.
How can anyone believe either of them?
Some have submitted evidence, like poop on a bed, and others have alleged the most egregious violence and show three pictures of Johnny Depp doozing, and one picture, apparently, of bruises.
It's evidence.
It's not a question of who you believe.
It's what they submit to substantiate their claims.
They had used a body double.
Unbeknownst to me, without my permission, they used a body double to do a sex scene.
So I have an incredibly jealous man who already upset me for breaking the rule that I had a sex scene.
On top of that, I'm telling him it wasn't me.
I didn't shoot that scene.
And you can imagine how upset he was.
I can imagine.
Or among other things.
And we had this, that combined with the fact that I had even entertained doing this job that involved James Franco was a pressure cooker.
Johnny submitted the evidence.
It's photographing evidence.
And the defense apparently is that it was dog poop.
Johnny at one point slapped me in the face in our bedroom in the chateau that we were staying in.
At another moment, he punched me across the jaw.
No pictures?
Any video?
Any recordings of this?
You had a recording of him swearing at you?
It's hard to describe to you which of those two it is because I can't tell you.
I just know I went flying into this old church furniture.
Old church furniture.
Thought I had a concussion, didn't go to a doctor.
I had sustained a concussion.
Any evidence of that, Mike Carleone?
Now, did there come a time in this time frame that you found a folder on Mr. Depp's computer?
Objection leading.
Yes.
What was it labeled?
It was on Johnny's opening page's desktop.
It said, no fun for JD, in all caps.
And what was in that folder?
Not really.
It was a collection of pictures of me from various red carpets starting on the press tours that I had been on, where I zoomed in pictures of what he thought was, you know, like inappropriate clothing, side boob, cleavage, any time I moved.
Objection calls for speculation.
I'm sorry, but also, how did she access a file on his computer?
Sustain as to what she believes it was.
Okay.
What pictures were in that folder that we have seen today?
The ones I saw of the kind of rose gold dress and the red dress were both in that file.
Now, what, if anything, did Mr. Depp say to you or ask you about how you got those cuts on your arms?
Nothing.
What, if anything, has Mr. Depp ever said to you or asked you about any injuries that you've sustained over those years?
Johnny's obviously never asked me how I got any of those scars.
Did you tell him?
Were you into self-harm potentially at some point in your life?
Did you ever witness Mr. Depp self-injuring himself?
Oh, see, now they just got to the self.
This is confession.
I'm telling you, she's accusing him of doing what she's done.
I first started...
Oh my goodness.
And anybody who's seen evidence of self-harm?
I first started...
You might be able to recognize it or you might think it looks like that.
I almost called 911 in New York in 2014, August of 2014, I believe.
Also, if broken glass cuts that long and that deep, you get stitches.
He often, in fights, would cut his arms or hold a knife to his chest or draw blood superficially at first, but later...
Like in 2016, especially as our relationship was ending.
Barnes is coming towards 11 o 'clock.
He also put cigarettes out on himself.
He'd flick them at me and once or twice tried to put one out on me, but mostly he would do it while screaming at me.
He once did it right in front of me.
You have any video recording of this?
Pictures?
At my face.
You didn't think to record surreptitiously those incidents?
You got him sleeping, dozing off.
I'm going to take you to September 15, 2015.
And Michelle, if we can bring up that exhibit, that's plaintiff's exhibit, 345A.
This is another audio recording, and it's 5 colon 5. This is not to get into my own personal life experience.
I have direct experience with individuals 20-some-odd years ago who were involved in self-harm and where they cut themselves and tried spelling their names on the inside of their arms.
And those are, generally speaking, superficial, and they leave scars.
And we'll hear what they're saying here.
But you don't have any control over whether I tell you the truth.
She's recording this, but she's not recording the times when he does what she just said he did.
Have you changed lately?
Yeah, you've changed.
Your truth is really interesting, too.
Okay.
Yeah.
Well, I'm the first person that's noticed.
Okay.
So listen to how she talks knowing that she's recording.
Oh, of course.
15 minutes.
Just like last time.
Listen to what she's saying.
She's trying to create a self-serving record right now that she knows she's recording.
Here you go.
Here you go.
Did you pull me on?
I tried to.
Did I?
Yeah.
Did you get inside?
I didn't get inside.
Well, I just tried to pull me on.
By pounding on the door and waking up every 15 minutes and then calling asleep next to the door, so I could hear you snore in case that you vomited, I could call a mess if you ever stopped snoring.
Because your father was going to die.
I thought you would choke on your own vomit, which is very likely to be there.
This I tell you, when people record things and they think they're proving a point, oftentimes they prove the exact opposite point.
Yep, deceitful.
And antagonizing.
And he's not responding the way she probably wants him to respond.
He sounds terrible in this response.
I'll be so good.
Thank you.
Violent singing.
What, you don't vomit a lot?
Now, let me just try to get you, let me just try to needle you a little more knowing that I'm recording this.
Let me just try to get you.
Oh yeah, so Runkle of the Bailey, Ian Runkle and the DUI guy, they were waiting in line to get in trial.
Did they get in?
Because I was following it on Twitter last night.
Please explain to the jury what the issue was.
Please explain the issue.
I was trying to get him to react and trying to get him to say something that he didn't say.
Johnny at the time was wanting to go and drink downstairs.
At a bar and we're talking about 15 minutes because the last several times he had done that it had been days.
Days and he came back and did terrible things to me but I don't have any of that evidence.
All that I have is me trying to antagonize him when he wants to go drink for 15 minutes.
So another issue that we were having at the time or that he was having at the time that affected me is that he would pass out and vomit.
And vomited very, very regularly at this stage.
So regularly, I don't have any pictures of that.
Do you have any pictures of Johnny with vomit on the floor unconscious, Amber?
Law and lumber as well.
Oh, that's amazing.
They're all in court.
Is there one picture of Johnny Depp unconscious with a puddle of vomit around his face?
Asking for an attorney who's going to get to cross-examine you.
And one time I was doing that and he swung at me and I told medical.
And after I got their advice, I realized I can't say what the advice was, but after I got that advice, I stopped doing that.
I tried to, as much as I could, leave him and just be ready to call.
Of course, I never took a picture of it.
Ready to call 911 if she heard him choking.
You don't typically hear people choking also, by the way.
Just throwing that out there.
Well, we don't even know that those pictures that she had were of him unconscious.
He could have just been sleeping.
I was waiting to hear him vomit.
By the way, there's an old expression, like for anybody who knows first aid, that when people drown...
Self-serving?
Self-serving?
He's recording.
He hit you across the face in a proper slap.
But I was kidding you.
He's not punching you.
Babe, you're not punched.
Don't tell me what it feels like to be punched.
You know, even a lot of thighs have been around a long time.
No, when you fucking have a closed fist.
Does she think this is good for her?
I did not punch you.
I did not fucking deck you.
I fucking was hitting you.
I don't know what the motion of my actual hand was.
But you're fine.
I did not hurt you.
I did not punch you.
I was hitting you.
How are your toes?
What am I supposed to do?
Do this?
I'm not sitting here bitching about it, am I?
You are.
That's the difference between...
This is her evidence of Johnny's abuse of her.
Because you started physical fights?
You are such a baby!
Call the fuck off, Johnny!
Because you started physical fights?
I did start a physical fight.
Yeah, you did, so I didn't get the fuck out of there.
Yes, you did.
I'm sorry, is this Johnny's recording or is this her recording?
You are admirable.
Every single time.
I didn't...
You've had worse.
Imagine telling someone that you just hit, you've had worse.
That's something that an abuser tells you.
Amber, please explain to the jury.
What were you thinking by submitting this evidence?
Sorry.
There's two different situations that were referenced.
One involved me beating him.
Two different altercations between Johnny and I involving the door.
She was hitting him.
I'm talking about hitting him.
I am talking about what that conversation is about is about the disparity.
Yeah, in that you hit him and apparently he didn't hit you back even in that context where you're admitting having hit him.
That's exactly how all violent abusers respond to getting hit.
I am talking about the difference between a punch.
Which Johnny did often.
Often.
All the time.
Just don't have any pictures of evidence.
In her defense.
I know the difference between those two, and I'm highlighting the difference between those two.
Thanks for clarifying to the court, Amber.
When I hit him, it wasn't violent abuse.
And when I said he hit me, even though I have no evidence, it was.
It happened in our bedroom up in Penthouse 3. You've heard us talk about that place.
And I was trying to shut a door, our bedroom door, actually.
I was trying to barricade myself behind the door, and Johnny was trying to get through the door.
So much so that she went and recorded the conversation in which she admitted.
To hitting him because he's so out of his mind.
This is not helping her.
This is disastrous.
His arms, his body, as he was trying to prevent me from closing the door.
She's going to cry.
She's got to cry now because there's only one way to get out of this.
Recording where we're talking about my toes.
That involved a different incident.
And Which was a bathroom door.
Let's see.
She's got to cry because there's no way to get out of what she just put into evidence here.
I hear him passing out or what it sounded like to me behind a closed door is passing out.
I heard a thud.
I heard a lot of commotion.
I heard a glass break.
A thud.
A lot of commotion.
Thought he passed out.
And I hear what sounds like his body falling against the bathroom door.
I open it to check on him as I was accustomed to doing at that time.
Johnny violently reacted to opening the door, pushed it against me.
It ran up over my toes, and he angrily came around the side of the door, swinging at me.
I naturally pushed the door off of my feet, responding to the pain.
Pictures of your toes?
Pictures of the skin getting pushed back.
Oh, God, that would hurt.
Well, later he blamed me in his...
Inability to understand what happened in that he was not in his right mind.
And he misunderstood that interaction and tried to blame me for starting a physical fight between us.
And he even later went so far as to say, I wasn't even going to hit you.
What does GOT-NTO mean?
Get out the mother...
I only could respond.
By trying to take accountability for my actions in it, what he understood my actions were, and my interpretation of what I'm trying to say is, look, I can only do my best to respond.
I was in pain, I was scared, and I can't promise you that when I'm scared and in pain, I won't react thinking I know very well what our situation is and what's going to happen to me should I not react.
Thank you.
It's outrageous.
She just put into evidence her admitting to having repeatedly hit Johnny in the face as evidence of Johnny hitting her in the face.
It's almost like accuse your adversaries of doing what you're doing so as to create confusion, which is not rules for radical Saul Alinsky.
It's Joseph Goebbels for anybody who's interested.
And by the way, so story time.
I once had my...
Remind me about my thumb in the hinge of the door.
It was very painful.
I can't promise you I won't get physical again.
I can't promise you I won't get physical again.
And he's the abuser.
Remember when she said that Johnny Depp promised he would change, he won't ever do it again, and yet he turned into dark Johnny?
She just said that about herself.
I'm not going to get me to.
I will leave you.
It's fair.
I can't do it, you know?
And I think, honestly, if we hold each other accountable to that, it's fair.
I can't promise.
Please explain to the jury what was going on in that part of the discussion.
Well, I was apologizing for having beaten Johnny.
That's the same conversation where I am, as I was accustomed to doing, I'm taking as much responsibility as I had to.
Ironic, because she's taking no responsibility for anything.
I can't promise you I won't get physical again.
Totally the words of an abuser.
Screenshot, clip, I'm putting this to the Twitter world.
I can't promise you I won't get physical again.
And she's accusing him of violence.
I have been blamed for everything, for his drinking, for him hitting me, for everything in between.
Blame for walking away.
Blame for staying.
Blame myself as well.
Blame myself for my part in it.
Blame myself for staying.
Blame myself for putting up with it.
And frankly, at a certain point, it's easier to take the blame.
It feels easier.
It feels easier to take the blame.
She's saying, I took responsibility by pretending to take responsibility.
So I'm the victim for taking responsibility for admitting to having abused her.
to take accountability for it, than to accept the senseless nature of the violence that you can't change.
Here we go.
Here we go.
No matter what she did, I couldn't stop hitting him.
I promised not to do it again, but I just had to go do it again.
Because he made me do it.
And she's calling him the abuser.
Let's hear what else we got.
Another recording, 2:40 to 3:43.
Move the admission.
No objection.
She is the classical abuser.
I can't promise not to get...
She's blaming him for having abused him.
She's blaming him for thinking that he's a victim.
This is gaslighting, like the definition of gaslighting.
Think about me or whatever.
Fine.
But they only saw the tip of an iceberg.
None of your Let me ask you a question.
None of this team have actually been there for one of our fights.
They've never actually seen.
Oh, I think they've seen it, Amber.
Have they been in the hallway?
Yeah.
They've seen it.
Baby, that is absolutely not true.
They have not heard everything.
This is the definition of gaslighting people.
And I believe it even follows the plot of the movie which I haven't seen.
No one has actually been there for a fight in its entirety.
No, how could they?
No, exactly.
So stop using that as some sort of excuse like this.
They know they work for you or they're your friends.
Using it as an excuse for what?
Stop using my abuse of you as an excuse for what?
What you were discussing in that conversation.
I was explaining why I had struck Johnny in the past.
Johnny would often use the fact that his paid employees, his loyal staff would back him up in fights and that he would constantly threaten to call them in to validate him.
They threatened to call them to come into the room to have them back up him and say that it was, you know, that my yelling or that I'm at fault, that I'm in the My hitting him was problematic?
They never saw you hit me, Johnny.
They only saw me hit you.
By 2015, he would call his friends and he'd call his staff in to back him up so that I knew and would accept that I'm at fault and that I'm wrong.
And that was, you know, what I had to agree to.
Over and over again.
That's what I had to agree to in a recording that I initiated, unsolicited, that I tried to frame that way.
That's what I had to agree to.
That was his MO, if you will.
He called people that worked for him to back him up.
I'm going to take you to Thanksgiving.
The redirect is going to be pure destruction.
Ingsoc, please stop chatting.
I don't know what it says.
I want to...
Viva?
Thanksgiving 2015, we had friends over.
I'm not sure that I agree that they're as bad as each other.
Johnny had Marilyn Manson over, and I had a few of my friends over.
We had a son over, and maybe my father.
I'm not entirely sure how long he was there.
We had dinner together.
Johnny was disappearing with Manson, doing coke.
Objection.
Culture speculation.
Sorry, what else would they be doing with Marilyn Manson?
Come on.
I'm joking, Marilyn.
That's what I knew of their relationship at the time.
Objection calls for speculation.
Yeah, calls for fantastical imaginings.
He got up for a longer period of time.
What's up, Selena?
Not the normal every five minutes to go to the bathroom kind, but he just appeared for a longer period of time.
And at this stage, I was...
I was really dependent on recognizing the patterns of what he was...
I was reliant on trying to figure out what he was on, what combination he was on, so I knew how to deal with him.
Oh my goodness.
She's always the hero.
Anybody who has had a bad client with personality disorder...
Can see all of these telltale signs.
She's always the victim.
She's always going out of her way to be the best.
Nobody ever understands her.
Everybody's always against her.
Objection, Your Honor.
Non-responsive.
That's a sustained objection.
The judge does not like her.
I wanted to know what I was dealing with.
It was important to me.
Objection.
Excuse me, Mr. Manson, are you guys doing cocaine?
Because I need to know how to respond to Johnny.
So what did you do next?
I'll sustain the objection.
Next question.
What did you do next?
I went upstairs to the apartment.
Random details.
Random details coming down.
Celebrating Thanksgiving in.
There we go.
To try to figure out what was going on.
My dog stepped on a bee.
And we had an argument.
It took us downstairs.
And I said something to provoke Johnny.
I said something to provoke Johnny.
He grabbed me at the top of the stairs.
Too much to clip here.
It's not that slow moving of a train wreck.
It flung me a little bit, but I just remember I went into the bedroom, kind of retreated into the bedroom.
I had a glass of wine in my hand at the time, which spilled everywhere and shattered.
Kind of retreated into the bedroom.
Did you throw it, Amber?
Did you throw the glass?
Vintage style glass decanter.
He picked up the decanter and hurled it at my head, my face.
It missed, thankfully, but smashed into a piece of art behind me.
I bet you she's got a picture of this.
Above the bed.
I bet you she got a picture of this broken...
I think there might have been a bit of shoving.
I can't really recall the sequence of when that happened.
I wanted to go back downstairs.
She probably thinks as a true personality disorder that she's actually convincing people right now.
And if anyone doesn't believe her, she's the victim yet again.
I went back downstairs to the party to finish the evening out.
I could not be in Johnny's shoes to listen to this.
We finished the evening with the guests, and then more fighting happened afterwards.
So we talked about December 15th.
Oh, she doesn't even have a picture of the broken glass.
And also the Bahamas over the holidays.
But I did this one picture.
Michelle, can you bring up Defendants Exhibit 518?
Is it the glass?
Did it?
Is it wine on the artwork?
Is that accurately depicted the scene portrayed?
Yes, it does.
Your Honor, I'd like to move the admission of Defendant's Exhibit 518.
No objection.
All right.
518, defendants and evidence you can publish.
By the way, no pictures of contemporaneous cuts on our heads.
Could you just please tell the jury what this depicts?
Yes, it's a picture of my Bruce Temple and Johnny Hedda's hand on part of my face with my face down.
And I was punching my head.
I'm repeatedly punching my head.
That's what caused that bruise in my temple.
Thank you.
Now, we went through the Bahamas before, and you returned from the Bahamas sometime late December, early January, correct?
Yes.
Okay.
I'm going to take you to January, February of 2016.
Can you please describe to the jury What was going on with you and Johnny in this January timeframe after this December 15 and the Bahamas incidents?
After the Bahamas, Johnny's sobriety fell apart.
There was just none of it.
He stopped communicating with the medical team that he had hired.
Objection calls for speculation.
How do you know that?
I was there.
They fired him.
Objection calls for hearsay.
Okay.
Without telling what the medical people did, go ahead and tell what was going on with you and Johnny.
Yeah, his mental health, for lack of what it looked like, his mental health was just falling apart.
Here's a little more projection.
I'll sustain the check.
What did you observe that led you to believe?
Having so much trouble getting a question to your client.
What if anything did you observe about Mr. Depp's state?
He was hallucinating.
objection calls for speculation.
I'll sustain the objection.
Please tell the jury exactly what he was Please help me.
Help me.
Your Honor, can you please tell me how to ask this question?
This is painful.
This is painful.
And I don't feel bad for Elaine.
As in, she's not doing a bad job.
Her witness is not getting out what she knows that they prepped before.
This is not Elaine's fault.
They prepped Amber.
She's supposed to know her own story.
Holy cow.
It was terrifying.
It was terrifying.
Because, you know, once he smashed a board right next to my face, and it was unclear to me whether he was even mad at me or he was convinced that the guy he said he saw me with was in the room.
I didn't know if Johnny felt the man was in the room with us or not at that point.
But I remember he put his fist through a whiteboard in the kitchen.
He hallucinated right in front of me.
Objection calls for speculation.
Don't use the word hallucinate.
Don't tell the witness what to do, Elaine.
That's called guiding the witness.
Oh my gosh.
Thank you, Your Honor.
I'm going to go drop a super chat in a long crime chat and let them know that we're live.
This is painful.
Oh, they're sidebarring?
So hold on.
This is outrageous.
You understand, like...
For anybody who's not a lawyer, you might not ever have had this experience, you'll sit with a witness and you can prep them for five days, ten days.
You can think they know what they've got, not what they've got to say, but you prep them.
Here are the questions I'm going to ask.
This is what's important to your story.
Don't forget certain details.
But there are some witnesses.
You will never be able to prep them properly, and they will always break down on the stand.
She can't remember the details of her own story.
And she's getting Elaine to try to prompt her to remember key details that this witness presumably experienced and is supposed to know to put out there.
I observe behavior from him that was erratic, irrational, and didn't seem connected to the reality that we're in.
Okay.
Ask, were you on drugs at this time, by the way?
Amber?
February 8th, February 9th.
Please tell the jury what transpired then with respect to Mr. Depp.
Around this time, Johnny was, again, behaving in a way that was very scary.
It was terrifying.
And sometimes he didn't know...
Objection calls for speculation.
I think she can describe what she's...
I think you let the judge do her job, Elaine.
Yes.
Then please continue.
In these kind of discussions I would have around this time, early February of 2016, sometimes in the argument, he would accuse me of something.
Some person in the room with me that had just walked out or I was hiding, for instance.
And sometimes he would hold on to that, even...
When he seemed to have calmed down or come off of whatever bender he was on.
And it was almost as if I had to confront what delusion he had or what belief he had or what accusation he made of me in a new fight altogether.
You know, sometimes he didn't make it clear to me whether he was mad at me or he knew he was mad at me.
It was terrifying.
Because I bore the brunt of it.
Oh, you bore the brunt of it, except you have one picture of what seems to be a bruise, despite everything you've said, and only recordings of Johnny being pretty chill after you admit you just slapped him in the face repeatedly.
Oh, yeah.
I won't say what I said, but I came over to his main house.
I believe I'd been across the street.
And I slept on the couch.
We had some interaction in the morning, which made me fearful.
He didn't know whether or not I was fearful he was going to believe that he was angry at me.
Even though we weren't fighting, I wasn't fighting with him.
I had done nothing wrong.
But I was really worried that the momentum he was on was going to click into a direction of...
Deciding that he was mad at me and I deserved it.
And I was terrified that that was going to happen.
So I had an interaction with him and got really worried about that on the morning of the 10th.
All right.
Michelle, I'm going to ask you to bring up Defendant's Exhibit 638.
It's already admitted in evidence, Your Honor.
This is from February 10, 2016.
And I'm going to ask you to play it.
Oh, boy.
Oh, another recording.
Let's just see what this does or does not show.
By the way, just...
Oh yeah, I've seen this part.
Okay, here we go.
Ah!
Motherfucker!
Listen to the way she says, what happened, Johnny?
Please do something that's going to make you look bad.
Make sure it's recording.
Maybe he stubbed his toe and he's kicking a wall because it hurt.
The house is beautiful, by the way.
I'm not into superficial stuff like that, but it looks almost like something on the Lord of the Rings.
Oh, here we go.
Needling and egging.
Let's just see what...
Nothing happened to you this morning.
Yeah, you're right.
I just woke up and you were so sweet at times.
We're not even fighting this morning.
All I did was say sorry.
Did something happen to you this morning?
I don't think so.
No, that's the thing.
You wanna see crazy, I'll get you fucking crazy.
That's crazy.
Oh, you're crazy.
Have you drunk this whole thing this morning?
Oh, you got this going.
Oh, really?
This is...
Does she think that this makes...
This is abuse.
Oh, my good God.
She thinks this makes him look bad.
Thank you.
This is like, this is almost as bad as what Jada Pinkett Smith did to Will Smith.
Why did you videotape this?
Because I wanted him to do something that he clearly wasn't doing.
Because I knew he wouldn't remember.
Objection.
That is a lot of wine, though.
That's a lot of wine.
People should not be drinking that much wine in the morning.
But this is not about Johnny's drug addiction.
Oh, there's that grimace of contempt.
All right.
So I'm going to now take you up to April 21, 2016, your 30th birthday party.
Radioactive girl, she never got any evidence, despite all of the needling when she knew that she was recording.
So, and by the way, you don't need Johnny's consent to take pictures of the injuries after they allegedly occur.
You don't need Johnny's consent to go to a doctor when you think you have a concussion.
So, she's trying to get something.
It's clearly not evidence of Johnny Depp physical abuse.
Clearly.
Despite her best efforts.
He had meetings, but then he'd be gone for sometimes like two days.
Just not coming home and that sort of thing.
Coming home after a bender.
Calls for speculation, a subender.
I don't think that calls for speculation.
A sustained objection.
We've gone for two days.
That glass probably cost $400.
Maybe $200.
Make it to my birthday party.
We had a dinner planned at our penthouse.
I said it would be important for me if you made it.
Objection hearsay not offered to prove the truth.
Thank you.
And he told me it's.
What was the point of showing that video?
They moved right past it.
I don't get it.
Because it makes Johnny look like he's unstable.
You know, drinking it in the morning, breaking his own cabinets.
So it gives the flavor of an unhinged individual so that the other allegations she's made, for which there's no evidence, can be more plausible.
But the absence of evidence in this case is going to be determinate.
Not what little evidence she has that Johnny isn't on drugs at some time.
Text me at some point to let me know that he was going to make it, but that he was running late.
And that continued throughout my party.
We finished dinner and we were cleaning up and kind of everyone was delaying leaving because we were waiting for...
To give him an opportunity to show up.
2:30 in the afternoon is still too early to be drinking.
What is a narrative answer?
He let me know he was there.
Well, they're non-responsive.
I mean, she's just going on and on.
But that video proves nothing.
It doesn't prove Johnny Depp physical abuse on Amber.
It might prove that he gets drunk and loses it on cabinets.
Maybe that makes for a propensity of someone who would abuse Amber, but there's no...
For all of her video and all of her photographs, none of actual abuse on her, as certainly to the degree to which she alleged.
That evening, we were in bed and...
I had a book, and Johnny effectively said, what's your fucking problem now?
And at the time we were getting advice from therapists without saying what they said, it was important for me not to make him feel attacked.
So I chose my words carefully.
I won't say what I said.
But I remember being very careful about how I worded.
Hold on a second.
Why won't she say what she said?
About my birthday and him having missed it.
An argument.
I bet you 127 hours was less painful than his relationship with Amber.
I got up out of bed.
Johnny's side of the bed was closer to the door than mine.
I remember him blocking the door, blocking me to get out, kind of shoving me down.
We had a verbal argument and then that became a shoving match.
I tried to shove him back.
I kind of felt myself retreat into the into the bedroom.
At some point he picked up like a large, I guess it's a magnum size, not a normal size, a large size bottle of champagne and hurled it at me.
This time I went through a painting and I loved this painting.
I remember I just went right through the canvas.
That probably pissed her off.
I lost it.
I'm thinking we shouldn't have art in our bedroom anymore.
And the fight, the argument, the fight continued into the salon area, which is outside of our bedroom at the top of the stairs.
Johnny picked up my phone.
I don't know why.
I don't remember what he was saying when he did it, but he picked up my phone and threw it out of the open window of the salon area out onto the street, out onto the downtown street that this window overlooked.
In that moment, I went, oh, no, you don't.
I saw his on the countertop and picked it up and threw his immediately, like two seconds later.
I didn't want to be stranded this time.
Alone, meaning I didn't want to be the only one stranded without a phone, which had happened to me already several times before this from Johnny.
So I picked up his phone, threw it as well.
And I said that I wanted to go stay somewhere else for the evening.
I left that room, went into the office.
We were still screaming names at each other and screaming at each other.
I'm curious to know because we haven't seen the jury.
Hit the side of the desk.
By the way, that killed Joe Scarborough's intern.
The injury that she's describing is life-altering traumatic.
And to the person who said, it means something if you have an open mind.
I came into this trial with a very, very open mind, almost inclined to prejudge Johnny Depp.
I came in with a very open mind, almost biased against Johnny Depp.
With what she's describing.
As catastrophic bodily harm.
Bottles inserted into the body up until the pelvis bone and one picture of what arguably is a bruise on her head and the photographs of Johnny Depp sleeping.
Listen to this.
Kind of held me, wrestled me down on the bed.
I remember I got up once or twice before I ended up on the bed and he grabbed me, did this thing that he did sometimes and he taught me, grabbed me by the...
The pubic bone, pubic area, just as best I can describe it, is he kind of just pushed me down, held me down by it, and kind of pulled me into it.
And he was asking me, kind of taunting me, asking me if I thought I was so fucking tough.
You're such a fucking tough guy, huh?
Are you so tough now?
Look who's so tough.
You want to be a man?
Tough like a man now?
Happened for a bit of time.
I'm not quite sure.
I think at some point he left.
I remember at some point shortly after that, I remember he was still in the apartment when this happened, but I remember kind of collapsing on the floor and being exhausted.
I remember feeling exhausted.
And I have a theory that I'm thinking about.
What she's describing now could have been one of their sexual encounters, which in retrospect, she now tries to twist into some horrific, violent incident.
I mean, I don't know what they were into intimately, but what she's describing is what changed the tone, and it could be bedroom activity.
Change the intent afterwards and you can turn it into something that it wasn't at the time.
I was just so tired.
Hypothetically.
Hurt.
And I remember crying and feeling ridiculous that after this I would be crying and saying these things.
I'm embarrassed saying it now.
He responded...
What did he say?
He told me it's what I fucking deserve and that I'd wake up every...
I'd wake up alone.
That no one would ever love me because all of this pointing to my face or body, all of this was going to go away.
No one would ever love me.
My tits sad.
No one ever loved me.
And I better get used to waking up alone.
I mean, I couldn't believe that he said that.
And he said this was all my fault and what I asked for.
And he left.
I heard him come back in.
The downstairs, you know, you can hear the door slam.
I remember hearing it open and thinking, "Oh God, is this going to happen again?
What's going on now?" And then shortly after, I kind of peeked around to the top of the stairs where you can kind of peer into the lower level.
And I just see him briefly, momentarily, and he just screams at me, "Happy fucking birthday." And stormed out.
At some point, I walked down the stairs.
Her entire defense to the defamation would have been exponentially stronger if she just stuck to alleged verbal abuse and say that that qualifies as domestic violence.
It was written on a piece of paper, as best I can recall, but I'm not sure.
And so then, the next day, what did you do?
The next day.
Just skip that.
I can't say what I texted.
I woke up that morning, the morning of my day.
She's been prepped so hard to know when she's getting into hearsay that she's objecting to her own answers.
I woke up to my best friend crawling in bed with me and putting her arms around me.
Best friend.
And I remember wondering how she got, how she walked in because there was a lot of glass on the floor.
There's lots of glass.
And...
She put her arms around me and showed me a birthday video that all of my friends, my childhood friends, all of my loved ones made.
Of course, stupidly, the first thing I asked her is why Johnny wasn't in the video.
Because it had been recorded before.
It had been recorded some time before it was clear.
And she said that she'd been asking for a few months.
objection your honor here say and And so I eventually we got out of my bed and grabbed a few things and got the dog.
Do we know who that friend is?
Left for our plans, which our plans had been to go to Coachella, which is a music festival that happens in California.
And that had been the plan for a while.
That's how we would go and celebrate my birthday.
And I remember, as I'm accustomed to doing, just trying to move through, move on.
And I remember in vain trying to put on a brave face and have a good time, even though it was impossible.
Let me stop you for a few things.
What if any plans were there for Mr. Depp to join you at Coachella?
Yeah, I would have objected to that question.
He was supposed to drive down, have dinner, stay.
In the room, maybe do some writing or something like that in the room.
At Coachella?
At Coachella, where we were.
Coachella happens in a different part of California than we lived in.
We lived in Los Angeles, and this happens about two hours, two to three hours away.
So I finally got in my car back, and I drove with my best friends in the car.
And I'm going to stop you again because I just have a couple more questions before we go into that part.
You said you brought the dogs.
Who were the dogs you brought?
Dags.
Who were the dags?
Johnny's dog at the time, Boo.
My dog, Pistol.
We shared them.
She said they got a dog named Boo and Pistol.
Boo the Pooh.
Raquel, my best friend's dog.
Pistol.
Which is a mutt.
What if any issues did Boo have with bathroom problems?
Oh my God, they're going to blame it on the dog.
In relevance.
Yeah, how big is Boo's...
Never mind.
Can you believe this?
They're going to blame it on the dog.
Johnny's weed when she was a puppy.
Sorry, what?
And had bowel control issues for her entire life, among some other issues.
Oh my goodness.
We regularly had to take her to the vet to try to figure out...
Well, what was wrong with this dog?
Yeah, because eating marijuana causes bowel disorders for life.
So she had some control issues, hence why she liked to burrow in the bed.
She liked to be by the foot of the bed underneath the cover.
What does that have to do with bowel issues, ma 'am?
It was customary that they slept in bed with us, but Boo, having the issues she had, we have to leave her in bed so that she wouldn't be encouraged to go to the bathroom, which would happen almost immediately once you put her down on the floor.
Hashtag boo-poo.
Okay, it's not going to work.
This is an outright lie.
If she's testifying that this dog had bowel issues, they'd better submit some evidence.
Raquel and I were both in that bed.
She's just alleged that this dog has had bowel issues for life.
So presumably it's dumped elsewhere.
That's exactly what you do with a dog that has bowel issues.
You leave them in the bed.
Let me tell you, we've got a paralyzed pug upstairs.
She poops everywhere.
We've got a special sheet for her poop.
We walk around with poop radar to look for the nuggets of poop that are spread out all over the place.
Pudge poops when she sleeps because she's paralyzed in the back and it just slips out.
Why did you tell Starling Jenkins that you had been involved in a prank gone wrong?
Objection.
I said why, Your Honor.
I didn't say what she said.
Okay, now I might actually start blaming Elaine for the phrasing of these questions.
She's trying to trigger Amber to say what they know they need her to say.
Absolutely not.
Absolutely not.
And why would that not be something you would do?
Poop in a bed?
First of all, I don't think that's funny.
I don't know what a grown woman does.
Quite clearly, grown woman slaps their boyfriend or husband.
My life was falling apart.
I was at a crossroads in my life.
I was really serious.
And I had just been attacked on my 30th birthday by my violent husband.
These are all reasons for which someone might actually take a dump in the bed.
It was not really a jovial time.
And I don't think that's funny.
Period.
But it's not intended to be funny.
It's intended to be abuse.
What any understanding did you have of Mr. Depp?
Coming back to your bedroom that night or the next morning.
Objection, culture, speculation.
I'm asking what her understanding was.
I'll sustain the objection.
Okay.
Did you, had you had any conversations with Mr. Depp about him?
I would be, they should call me in pro-hack Viche to cross-examine Amber on the dog poo.
I could do that.
That was my...
It's funny though, she thinks that the idea of pooping on the bed, she's saying that it wasn't funny.
It's an act of violence to take a dump on someone's bed.
That was not a place that Johnny was going to be in, that Johnny was in, and he had stormed out on my birthday, and as per what we did, he would go and stay at his Hollywood home, and I would stay in downtown.
Can we see a picture of the dog, please?
We could also do some forensics and do a little measurement of the diameter of the poop to see if it comes out of a little doggy.
Oh no, I know.
We see the poop.
Obi.
Did they just move off the poop?
I'm not done with the poop yet.
If you have a dog with bowel issues, you keep him in the bed until you take him outside.
No.
I typically surround myself with my girlfriends.
It's my sport.
Was there any occasion in which you were riding in the vehicle that Starling Jenkins was driving?
He picked us up from Coachella in the evening when we, as a group, all were ready to leave.
The day that we went, which was the day that I took MBMA and mushrooms at the same time.
This is the woman who wants to get her husband off drugs.
The horrible idea that was, considering the state that my life was in.
I highly don't recommend that combination at the time.
So I didn't feel like being in a crowd.
I didn't feel like being at Coachella.
I had intended to try to have a good time, despite what was going on in my personal life.
And I realized that...
That was just not gonna happen.
And so I wanted to go home.
I wanted meaning to be in a bed.
I wanted to be, you know, I just wanted to be held by my best friend and watch a movie.
And that's what we did.
I didn't feel well and wanted to leave.
And when you said you rode back with Starling Jenkins, was it just you or did you have other people in the vehicle with you?
When we left Coachella, it was my entire group.
I wasn't ever alone with Starling.
I certainly wasn't anywhere near him.
I didn't have a conversation with him.
I sat in the very back seat with my best friend next to me, and it was a whole group of us.
I just saw someone who said something that I wanted to bring up, and now I lost it.
This might be a good break.
All right, that's fine.
Ladies, let's go ahead and take our morning recess.
Do not discuss the case with anybody, and don't do any outside research.
It'll take 15 minutes, okay?
Let me see.
There was a...
Okay, no, it was not that question.
Perhaps you should administer the pet, the lie detector test.
No.
Hold on.
Someone had said, oh, I can't.
Here we go.
Here we go.
Psychological abuse, psych abuse, not violence, Viva.
Stick with red pill.
Violence is violence.
Nothing else.
Oh, okay.
Now I understand it.
No, what I'm saying is that her best defense would have been...
Her best defense would have been to equate verbal abuse with domestic violence so as not to have to make evidence of physical stuff that she can't make evidence of.
And just to say, when I said that I was a victim of or a survivor of, it was because It was verbal abuse, which is a form of domestic violence.
That would have been the best possible defense for her.
Instead of coming out with these outlandish stories of physical abuse of the most egregious nature.
Oh, I can take these off.
Take them off.
Instead of coming out with these allegations of the most egregious levels of physical violence for which...
There has been, in my humble opinion, maybe 4% evidence adduced for.
Well, we seem to have the bots in here.
That's interesting.
Yeah, it's...
Well, let me just go.
There are bots now.
This is quite clear.
It's interesting.
They seem to...
That's very interesting.
All right, people.
So we've got some spam.
Just go ahead and try to take care of it.
I guess it's a good sign.
Her best defense would have been to argue that the verbal abuse is a form of domestic violence that qualifies as domestic violence for the purposes of her op-ed.
She didn't do that.
And instead she came in almost to like, you know, hold on.
Almost to try to...
Teach Johnny the biggest of lessons.
I'm going to come out and say stuff now that's even over the top compared to what I said back in the day.
So that would have been the best strategy.
This stuff is over the top.
Time to hire a producer.
Elaine!
No, Elaine's the name of the lawyer.
Oh, I feel terrible.
I have to do it.
I'm blocking the spam.
I think we've now entered the realm of bonafide spam.
And the concern is, maybe we'll get...
What do we call them?
Hold on.
Have I done something?
I can't seem to get this.
What's going on with the chat?
Okay, here we go.
Boom.
What did I just do here?
New comments.
Have I done something that...
Hold on, people.
I can't seem to see the chat anymore.
Okay, chat looks fine on the stream.
Why can't I see it on...
Oh, I'm an idiot because I took off comments.
Some destinations won't be able to learn more.
Oh, cripe.
Why can't I see the comments?
People, I'm going to refresh.
Stay here.
I'm just going to refresh because I can't seem to see any of the comments.
Oh, they're back.
Okay, we're still here.
No, no, it's not a boomer.
That was...
I think I might have banned myself.
Anyways, so that's it.
But people, can we get to...
We're going to talk about the important stuff here.
The dog poop.
From what I understand, these dogs are small.
I'd like to know the diet of the dogs because if the dogs are on...
A raw beef diet, their poops would never look like that poop in the first place.
If they're eating that crappy stuff that's loaded with carbs and whatever, yeah, the poop is fluffy.
But she's going to say now, on the one hand, that the dog did the poop.
By the way, listen to this pathological explanation.
The dog had lifelong bowel issues because...
It ate marijuana when it was a puppy and then suffered gastro?
That's very interesting.
I believe that might...
I'm going to look into that.
Lightgiver says, I never thought I would share this, but I was horrifically abused for eight years by my first husband.
Luckily, my second was wonderful.
I remember things that happened, but not dates or times, nor can I remember every little detail.
This is why, by the way, people say that this case is a distraction and yada yada.
For people who have been or are bona fide victims of domestic violence, this is not irrelevant to them.
Because on the one hand, this is, if you don't believe Amber, this is a case of someone purporting to be a victim of the most serious stuff and thus making it, on the one hand, more difficult for the general population to believe people when they come forward and also makes it more difficult for bona fide victims to come forward.
Other people go with the angle that, you know, this is an important case because it highlights, you know, what people think doesn't exist because of gender disparities, that women don't abuse men, therefore, you know, there's no such thing as this type of domestic violence because, by and large, right now, it looks like there's some domestic violence here, concrete physical violence.
I should distinguish that from verbal violence because Johnny Depp certainly seems to have been verbally abusive at times.
But there are people who say that the domestic violence, it's more of a one-way street and they don't believe male victims when they come forward.
Also, just from a learning perspective, Elaine is teaching you how not to ask questions.
Elaine is highlighting the risk that you could spend two months prepping a witness.
You don't know what's going to happen when they get on stand and they can just not be able to help themselves when they get on the stand.
Amber, you know, she's been prepped for certain things, and you can see the reflexes of her prep coming up, like, oh, I'm not allowed to say this.
But then, she has a story to tell, and she's quite clearly, based on the way her lawyers are trying to guide her through the leading questions, get to the details.
But the poop.
I'm a groomer and a dog nutritionist.
That was not a Yorkie poop.
I think all of us would probably agree with that.
She's not believable, and there is no question that she's not believable.
And it's not for blinders.
Everybody knows this.
I came in thinking that Johnny should not have filed this lawsuit because I thought, quite honestly, I'm always honest, but bluntly, or maybe even to my own detriment, I thought there would be far more prejudicial evidence being adduced to Johnny's bad behavior.
Like, I thought there would be much more concrete evidence.
Like, Johnny Depp...
I was having a discussion with someone who says, yeah, he's on drugs, he's an alcoholic, he might have clinical issues in terms of mental unwellness.
If there's an individual who has mental unwellness issues, who's doing drugs, hard drugs, alcoholism, I would expect them to have a lot more dirt, a lot more evidence of over-the-top, objectively egregious abusive conduct.
And what do we have now?
We have some recordings in which Johnny does not know that he's being recorded, which means that he would be at his most honest, and if he were in fact violent and abusive, at his most violent and abusive.
You have that video evidence.
And it's not...
I'm telling you, I was expecting worse.
You have photographic evidence of Johnny allegedly passed out.
And then given the depth and depravity of the violence that Amber alleges to have been a victim of at the hands of Johnny?
I mean, I don't even want to say it because it's just...
Let me see.
We're already demonetized anyhow, but it doesn't really matter.
I mean, this is going to...
Let's remember what she testified to.
Being...
Hold on.
Being pinned down and repeatedly struck.
Struck to the head.
Dragged across broken glass by her hair.
Having a glass bottle inserted in her is so violently and so viciously that according to her testimony, she thought she was afraid it might have been broken.
Up to the pelvis bone.
This is her testimony.
Bleeding from her lip that it gets on the wall.
Punched in the nose and she thought she had a broken nose and there was blood.
Concussion.
Everybody has to understand what a concussion is.
A concussion is not like a loosey-goosey, oh, I banged my head and it might be...
A concussion is when you hit your head so vigorously that your brain hits against the inner lining of your skull past the cushion that's there and causes bruising or bleeding on your brain.
That's what a concussion is.
A concussion is potentially fatal because you might actually have internal bleeding on your brain that you don't know about until the blood...
Starts pooling, and the brain starts swelling, causing massive migraines, vomiting, you know, blurred vision, because of the pressure that the skull, which doesn't expand to fit an expanding brain, puts on the brain.
All of this, she's alleged.
And what's her evidence of it?
Three pictures of Johnny dozing off, one picture of her, of allegedly with what appears to be very light bruising under her eyes, but the night of, she's on the James Corden show, looking fantastic, and...
A picture of her on a red carpet, a picture taken by someone else, which shows scarring on her arms, which, if I'm not an expert, my initial reaction, that looks more like self-harm than the victims of the type of abuse that she's alleging.
And, you know, for all the makeup that she puts on, that she allegedly put on to look immaculate for James Corden, that she couldn't have put that on her arm if she wanted to cover that up?
So, anyways, that's it.
It's not...
It's interesting.
Ingsoc is coming back with different accounts.
I'm such an idiot.
I thought it was a bona fide parody account.
Because I thought it was parody.
Now we've gone from Russian sex bots to China spam bots.
So that's it.
It's serious what she's alleged.
And it's serious the lack of evidence that she has.
But she did not go with what would have been the most plausible, the most sensible defense.
She's gone with outlandish, over-the-top stories for which there is not only not an iota of evidence, her own evidence now makes evidence of the fact that she abused Johnny Depp.
Her own evidence.
My concern is, or my concern, the issue might be...
That the jury might think Johnny Depp has done enough that, you know, the truth is just as bad as the lie.
That might be, you know, the concern.
If those are scars, she should still have them.
I bet it's makeup.
Well, or it's very superficial fresh cuts which are pink and then they ultimately do heal away and you don't see that many scars.
Little known fact, if you don't pick at scabs, cuts tend not to leave scars.
But if you want to have a nice scar, keep picking away at the scab.
So, first before brain internal bleeding is ocular migraine.
Well, I...
So, Mathieu Poulain, last Friday, an optometrist said I had an ocular migraine.
I thought I was having...
I thought I was having a stroke or I thought something bad was happening.
But I knew that I hadn't hit my head in any way that could have possibly caused a migraine.
But I do sometimes do the eye rub and...
According to some, you know, eye rubbing can cause retinal detachments.
So I was afraid it was either a stroke or a detached retina.
So anyways, that's it.
But no, it's an abject train wreck, this testimony.
It's not getting any better.
And so by the way, let's discuss some strategy.
When Barnes gets here, we'll go over this because I think it was a monumental gaffe for her.
This is where I would say you prep the witness for as long as you want.
But it's a monumental strategic gaffe by council to have called Amber on the stand on the Thursday, or was it Wednesday afternoon, Thursday, knowing that they were breaking as of the...
They called her up Wednesday, knowing they were breaking as of Thursday for a week and a half.
Look, Borg...
The chat says, either a stroke or a retinal attachment.
When you're a raging hypochondriac neurotic individual, it doesn't have to be logical.
They just have to be thoughts that you have in your head.
And you can acknowledge and recognize they're irrational, highly unlikely, and still have them.
Oh!
Door jam story.
Let's do the...
Oh my God.
So two stories.
I knew a best friend whose father...
It had one of those swinging balcony doors, the metal frame ones.
And when it opens, they swing shut.
And back in the day, they had those little pressure, not hydraulic, but like an air compressor thing to dampen the door.
So it would go like...
And it would close shut.
And the dad opened the door like this to go out onto a balcony and had his foot inside the house.
But the door closed.
Real quick.
And that sharp metal corner got stuck in his heel.
And, you know, the metal went into the soft part of the heel as he was walking forward.
And it was like a camming device in rock climbing.
Except the camming device was his ankle in a closing aluminum frame door.
That leaves scars.
That leaves...
Oh, my God.
That leaves injury.
Ingsoc, man.
But it's funny.
It's different accounts.
I'm trying to understand the strategic purpose for spamming that under the same type of account with the same name, the same avatar.
Anyhow.
So that's one traumatic story that I've lived vicariously through someone else as it relates to doors closing on your foot.
I came over to my parents' place one day and the front door is on a hinge, as are most doors, and I had my thumb...
Inside the doorframe as I was getting my shoe on, and my mom didn't know and closed the door, and my thumb was in the hinge section.
And I, you know, squealed in pain and then pulled my thumb out of it, like the way she described it with her toes, and it got wedged in and it got dislocated as I pulled it out and it clicked back in when I clicked it back in and like, you know, it skinned the skin off the thumb.
If that had happened with her toes...
The way she described it, when a door, the sharp, and we're going to get law and lumber to opine on this as well, you get the sharp 90 degree of the bottom of a door crushing your toes, it's going to skin them or cause some injury that you might think of taking a picture of if you actually sustained it.
So all of it, just to say, none of it makes any sense.
It's absolutely untenable evidence based on the...
It's untenable testimony based on the evidence submitted.
Oh, boy.
No, Ingsoc was not a city in 1984.
It was the language.
It was English socialism was the Ingsoc language where they created a new language.
Where they created a new language.
For the purposes of the time.
We're going to see the cross-examination.
But anyways, what we were saying, the monumental strategic mistake is to have any witness, but let alone your own client, start testifying for two days to then be on pause for a week and a half.
It's a monumental strategic mistake for...
I think at the very least two reasons.
One of which is that when a witness is under oath, the lawyers are not allowed discussing the testimony of that witness with that witness.
So if it's an incidental witness, someone who you're not going to have to see over the next week and a half, it makes no difference.
Okay, fine.
So they're under oath.
You won't talk to them.
And when they come back, you'll get them back on the stand and you'll finish up with their testimony.
If it's someone who you could have, if you have a witness, Elaine, had you had a witness that you know you could have finished, Within the day or within a day and a half so that you have no witness under oath.
What's going on here?
For the next week and a half, that's what you obviously should have done.
Might have been strategic to even have a witness finish a little early.
You can convince a judge to leave early on a Thursday knowing you're off for a week and a half instead of starting with a witness and getting 15 minutes in to then have them under oath for a week and a half.
The fact that they did it with their client, that the fact that the defense or Elaine's counsel, not Elaine's counsel, Amber Heard's counsel, Elaine, did it with their own client, meaning for the next week and a half, if the lawyers and the client are behaving ethically and lawfully, and I understand these are the same rules in Virginia that they are in Quebec and Canada, you can't talk about the testimony with the witness.
And it's your client.
So it certainly leaves.
It impedes the ordinary discourse between client and counsel when they can't normally, ethically, legally, lawfully talk about anything related to their testimony.
Rakeda shows them on now, Viva?
Let me see.
Oh, no, I don't think they're back on yet.
So that's reason number one why it was a monumental mistake.
They've crippled their ability to even...
What am I looking for here?
Window?
They have crippled their ability or hampered their ability to even speak with their client.
Oh, they're back now.
They've hampered their ability to have a normal solicitor-client discourse with their client for a week and a half.
I guarantee you.
I don't want to say that anyone broke the rules of ethics or whatever.
It is inconceivable to me that they did not discuss the substance of their testimony directly or indirectly, but whatever.
That's one of the reasons.
It's a strategic, massive mistake.
The second reason why it's a massive mistake, you gave the internet and the aggregate knowledge of all of these people on all of these websites a week and a half to dissect Amber Heard's testimony so that they can get that information out there.
And if Johnny Depp's attorneys are worth their weight in salt, which they are, and then some, they can go pick the internet now for crowdsourcing of information that they as a team probably would have never been able to do entirely on their own as exhaustively.
So that's it.
It was a massive mistake.
There was no good reason to do it.
Well, no.
Cliff Bradley.
Viva, talk about her casually dropping in these other incidents.
I've been saying this from when we started with Amber because I've just been interested in Amber's testimony because I knew it's going to be a train wreck.
She glosses over the most salacious, the most damaging details of the alleged abuse as opposed to harping on those and making evidence if To the extent it ever existed of those incidents.
I mean, it's...
This is really, really quite interesting.
From Russian sex bots to...
Actually, our dear President Xi Jinping said...
So what are they doing right now?
It looks like they're having a sidebar.
You should get Laura Southern to help you.
Commentate.
Well, Barnes is going to be here sooner than later.
But if anybody thinks there's a good reason for which they should have started Amber Heard on the stand and why it's not a monumental mistake of the practice of law, I'm open for arguments.
It's terrible.
And if they have any evidence of, you know, I don't know how they get it, but if they, you know, my first question would obviously be, did you talk about your testimony with your attorneys over the last week and a half?
A useless question might destabilize a witness, but probably won't for the likes of Amber Heard.
Okay, now, am I audioed out here, or what's she doing here?
Standing up, okay.
Oh, what's in that bottle?
That one looks like pink liquid.
Yeah, so I can't see how it's not anything but the dumbest move ever that they did this.
And the internet has picked apart Amber Heard's testimony from the first two days.
compared to her testimony in the UK.
What just happened here?
Oh, maybe I can actually get some live time from Pepto.
Let me see if I can't actually get some live commentating from Runkle.
Ian and I are like this.
Ian Runkle.
Let me just go DM him.
Any chance you can...
Let me know what your impression of the jury is, question mark.
See if Ian...
Yeah, well, no, look for...
I just messaged Runkle, so I'm...
We'll see if we can get...
I don't know if they're going to be allowed...
They're allowed having their phones on them.
So maybe they can get out and...
Maybe they can get out.
Time is ticking.
Tick-tock, tick-tock.
And the best place for the breakdown, the humorous breakdowns...
Are we hearing any audio or is it just me?
And the audio's there.
TikTok, man.
I don't like TikTok as a platform, but there's some real darn good comedy out there.
Comedy gold.
And I don't like the platform TikTok, but I like the format.
I love Vines.
Vines were great.
Thomas Sanders Vines, the best.
Zach King, you know, One Minute Magic, the best.
I think we're back.
What kind of contact did you have with Mr. Depp during the period from April 21?
To May 21, 2016.
Did the audio get noticeably lower?
I had no physical contact with him.
Okay.
I don't think I can bring up the audio, people, but let me know if the audio seems like it was both abusive, but she tried to destroy his career.
True, and it sounds like Johnny might have been verbally abusive, but not physically abusive.
That may be a distinction without a difference to some, and I can appreciate that argument, at least when it comes to domestic violence or psychological abuse being...
You know, in some ways more damaging in that it's less tangible.
Oh, I just muted.
Hold on a second, people.
Did I do that?
I did.
Invite people in the public eye to be their, you know, guest and they will typically dress them and it's a way for designers or fashion to kind of intersect with a celebrity world.
Okay, audio's back now.
And it's a big event held at the museum every year.
And what, if anything, did you and Mr. Depp do to prepare for that Met Gala?
Well, Johnny and I were dressed by Ralph Lauren, guests of Ralph Lauren, and Johnny missed the fitting because it was happening around the date of my birthday party in Los Angeles.
But we were planning on going together as Ralph Lauren's guests.
And did you show up?
I did.
I didn't have a phone at the time because I couldn't get it reinstated after Johnny threw it out of the window.
Kicking the dog under the chair.
Would respond to me.
So I had no way to kind of reinstall it.
I had no point in getting a burner phone if you don't know anyone's phone number.
So I...
Medical records would have been 101 level evidence.
Or if he would show up.
No one would talk to me.
Thank you Prairie.
Prairie Farm Girl.
No one would tell me.
I didn't know.
So I ended up going by myself.
Frankly, I wasn't sure if you'd show up on the carpet or if you'd show up at the hotel shortly before.
I had no way of knowing.
And then did you attend the Met Gala?
I did.
I got out of the car and walked the red carpet by myself.
They can believe her so long as they say, I believe her despite a dearth of evidence.
Not because of overwhelming evidence.
And that's just a question of judgment then, and it's a question of whose judgment you prefer.
They cleared as soon as we realized that he wasn't, that he effectively stood me up on the carpet.
Who did you meet at the Met Gala?
I was standing in line right in front of a gentleman.
It was Elon.
I didn't recognize him until we started talking.
And he had reminded me that we had met once before he was with his mother.
And did you strike up a friendship with Mr. Musk after that?
We did.
As I mentioned, we spoke on the red carpet, kind of on the waiting, in the waiting line of the carpet.
He seemed like a real gentleman.
Sometimes money exacerbates problems.
It doesn't solve them.
While you do that, I'm going to go look about the long-term medical issues that consumption of marijuana in canines can cause.
I'm going to direct your attention to the entry for 5-11-2016, where it says...
Let me see if I can do some reasonable highlighting here.
Okay, what's going on here, people?
Okay, it says client laughed and also reported using illicit drugs, mushrooms, and MDMA.
On 5-9-2016 at home with a high-profile male acquaintance.
A client reported that her husband was not aware of the male visitor nor her illicit drug use.
Do you see that?
Yeah.
What does that have to do?
Who was the high-profile male acquaintance that visited your home on 5-9-2016?
I don't recall even being in LA at that time.
Where were you?
I don't recall.
I believe I was in London at the time.
Okay.
Did you have a male high-profile client at your home in or around 5-9-2016?
Not around that date.
It seems like it's a wrong date.
Okay.
And did you use illicit drugs, mushrooms, and MDMA with any high-profile client?
No, I did that at the Coachella Music Festival.
Oh, I doubt you did it once, Amber.
I learned the hard way.
I can turn my volume down, Lily.
Yeah, hold on.
While we are on the same notes...
I doubt she did it once.
I say that without judgment, but I doubt she did it once.
I'll just move the mic further from my face.
No, I was not.
I felt awful.
But I was at home feeling awful.
At home meaning at the hotel.
I've never, well, I don't think mushrooms are a quick thing.
While Aaron Filotti was testifying, we recall...
MDMA is that rave drug?
Mushrooms are not a one hour experience.
And it says, client reports having the hardest week of my life.
Client states she cannot deal with the negative media publicity she has received.
Go on, next page?
If we can jump that up.
Yeah, please, please, please.
Surrounding the divorce she requested from her husband, JD.
Do you see that?
I do.
Okay.
When did you go in for the DVTRO?
May 27th.
So that was the day after.
Aaron Filotti's note saying you just had the toughest week of your life?
That's correct.
While we are still on this one, let's go up to the first page.
I'm not into these things, people.
When did you provide a client history to Aaron Filotti?
Never.
When did you first get assigned Aaron Filotti?
I believe September of 2014.
Okay.
Now it says here that client...
I think it's scientifically impossible that consuming marijuana can cause bowel disorders for life in a canine.
Just pure law.
Too preposterous to even be conceivable.
I did not.
There's a lot of mistakes in here.
Did you ever use cocaine?
I have.
I used cocaine a few times when I was 18, 19 years old.
I have.
I believe she's done it more than that.
I stopped using any drugs, including cocaine, when I got into a relationship with my ex-partner.
Any drugs except for MDMA and mushrooms?
I'm glad for it.
I'm glad for it.
Added detail.
Added detail, like a Jussie Smollett detail.
Especially since we just know that she did NDMA in mushrooms at least once.
And she admitted to doing it before.
She admitted to being high with Johnny on the boat or the airplane, I think.
Anxiety, eating disorder, attention deficit disorder, bipolar disorder, codependence issues, and occasional insomnia.
Insomnia seems out of place in that list, but the rest seems very serious.
When have you been diagnosed with bipolar disorder?
I've never been diagnosed with bipolar disorder.
When have you been diagnosed with codependence issues?
I have never been diagnosed with codependency issues.
Although, arguably, at the time, from where I stand now, I can see that the relationship I was in with Johnny was certainly codependent.
But I wouldn't have reported that at the time.
I didn't know about that.
All right.
And then can we move up a little bit more, Michelle?
Thank you.
It has...
Per report from JD, Debbie RN, Dr. Kipper, Client AH has reportedly been experiencing increased anxiety and agitation recently and has had several outbursts of anger and rage.
Were you present for this being reported to Ms. Filotti?
No, this is the detox.
Okay.
This is Johnny's.
And it also says your mood has been labile.
What if any outbursts of anger and rage and labile mood did you exhibit during the detox?
None that she would have seen.
None.
I was there for Johnny's detox.
This is what Johnny was going through.
This is not me.
And at the time of the detox...
I'm going to set up a live chat on locals.
I'm an idiot.
Thank you for the suggestion.
If there's not already one set up.
Okay.
Thank you very much.
You can take this down, Michelle.
The purpose of that testimony is that...
That in the report came from Johnny, not from her, apparently.
And I'd like you to describe for the jury what took place that evening in connection with Mr. Depp.
Johnny and I had not seen each other for the better part of about a month.
I was traveling.
I just shot a campaign in Italy.
I spoke to him around that time when I was in Italy.
I had gotten a phone.
My parents got a hold of me.
After I spoke to my parents, I communicated with Johnny.
He, on that phone call, you know, I didn't know what was going on with him for those weeks.
With his sobriety, I didn't know where his state was.
Objection.
What's the word?
Non-responsive.
He was saying what I can only just...
He was going on about...
It's coming.
About scientists and DNA and...
Objection, non-responsive.
That he had had some, you know, scientific analysis done and DNA analysis done and that, you know, as soon as I heard about this feces, he thought that was a prank and he was going on about all the scientists that he had conferred.
ABOUT THE DNA RESULTS WITH I JUST THOUGHT HE WAS OUT OF HIS MIND AND THOUGHT CLEARLY THE DRINKING AND THE DRUGS ARE NOT GETTING BETTER.
Nothing to do with the poop on the bed.
I hung up from that phone call, assuming that, and then spoke to him once my parents got a hold of me to tell me about Betty's suit.
Yeah, I think live chat should be on right now.
on vivabarneslaw.locals.com.
He missed his wife.
He really needed his wife.
He said it over and over again.
I felt torn.
I felt conflicted.
I didn't think...
Obviously, the situation hadn't gotten better with Johnny mentally, and I was afraid that all the work and progress and distance I had finally got on it on the relationship for the first time.
I had a month of distance on it.
I didn't want that to be undone, but I also wanted to be...
I was affected by the fact that his mother had passed, so he said he wanted to come over and talk about that, and he said he needed his wife.
We made a plan for him to come over during the day, thinking that that might mitigate the amount that he would be drinking.
Night is a little bit more dangerous.
And in the early evening hours, I get a text from him that he's almost there or that he's there.
I think it was around 7.15 or so.
And he came over and we sat on the couch and at first kind of...
It was relatively peaceful.
I mean, I could tell he was inebriated, but it makes sense.
In my head, it made sense.
Was she implying that he was trying to suggest he knew the poop was human poop because of DNA?
Okay, here we go.
That he said one of my friends had left for him in my bed that he wasn't going to be at.
And I tried to point out how that didn't make any sense.
I'm not even going to be there.
I wasn't there.
And my friends wouldn't do that.
That's not something a bunch of 30-year-old women think is funny.
What is he talking about?
And he just kept going on and on about it.
So I text my friend that it's...
Can we hear in the chat?
Can we hear this, people?
The audio is good?
Audio is good, yes, or no?
My friend thinking that it would quell this, what I could only see as a delusion.
I thought it was just a delusion he was having.
And I thought, oh, I'll hopefully quell this by calling my friend to, if he hears my friend say, that didn't happen.
Please continue.
I lowered my mic a little bit.
To prove that this didn't happen.
But if they've had a dog with a chronic problem, this would not be the first time that it's happened in the years of the dog.
Our marriage was over and falling apart in front of our eyes.
We hadn't seen each other for a month and his mom had just passed.
I couldn't believe he wanted to talk about feces.
So I call this friend thinking that we'll take care of it.
The friend doesn't answer.
I call another friend who is...
Someone else he claimed.
I don't know how both people did this, but he was claiming that this person was responsible.
So I called that person.
And that person is on speakerphone.
Oh, this will be really convincing.
Did you dump in my bed?
I would tell it right.
Okay.
And then you put him on speakerphone with Johnny.
Right in front of Johnny.
Oh, right in front.
Very convincing.
I allowed for an opportunity for IO to say why this is impossible.
It's explained in the context that leads to the next acts.
It is being offered to prove that.
We're not here.
We're not here about whether IO.
I'll sustain the objection.
Next question.
Discussions you never thought you'd be having with the judge.
I'm not trying to make evidence of who pooped on the bed.
Just what they said about the poop on the bed.
Oh, Elaine's getting frustrated.
If I just suffered a family tragedy, was having other issues, and now I think, not think, I know that someone or something pooped in my bed, you're damn right that's going to be a bit of an issue.
We can't say what he said.
What is the next thing that happens on your end with Mr. Depp?
It just made Johnny matter.
He got more upset, grabbed the phone, and started screaming at Io.
She had two years to make up this story.
Just started screaming at the top of his lungs.
Said, you dike bitch, you don't know what you're talking about.
You know, just screaming expletives, insulting names.
Have we ever seen one piece of evidence in which he referred to her as a derogatory lesbian word?
I've heard the C word.
Screaming at him.
You know, as best I can describe it without getting into the details.
He tosses the phone, you know, down on the couch and heads upstairs.
I pick up the phone.
Does she have any written evidence of him calling her the D word?
And try to, you know, apologize.
For the fact that my husband at the time just screamed at my friend on a cold call.
I didn't want...
Oh, I think we just heard a runkle cough in the background.
You know, to just be screamed at and blamed for something that sounded crazy.
For lack of a better explanation, it sounded crazy.
Io said something to me on speakerphone.
And...
Reminded me I wasn't safe.
It's actually on our hearsay.
It's not offered to prove the truth of the matter.
It's to show what caused Mr. Depp to be set off and come back.
Oh, testifying for the witness.
That's a speaking objection, if I think it's called that in the States.
It's not hearsay.
No.
D-Y-K-E.
Please tell us what Io said.
Is what she said Johnny called her.
He's called her the C-U-N-T, but we have written transcript of that.
Get out of the house.
Get out of the house now.
You're not safe.
You're not safe.
Get out of that house.
This is like, this has turned into scream.
I had been there after the cleanup or for the cleanup after December 15th, 2015 incident.
Objection, Your Honor.
Blood out of my pillowcases.
I think she can provide the context.
I'll sustain the objection.
Next question.
Blood out of the pillowcases.
Do you have any photographs of that?
Johnny hears this when he's on the stairs.
He made it up one flight of stairs.
Heard this, turned around, came bolting down the stairs.
Grabbed the phone from my hand and really, really started screaming this time.
Led into I.O. Led into I.O.?
Every imaginable horrible name that you can say to a LGBTQIA person, for one, and any person, any human being ever.
I mean, just screamed at I.O. Some really nasty stuff.
And he, when he was done, he says, you know, you want to have my woman now.
You want to have my bitch.
You take her.
You can have her.
And he, with that, picks up, just pulls his arm back with the foam and throws it at my face.
Hit me right in my, it felt like my eye.
There's that sigh again.
I put my...
Head in my hands.
Immediately start crying.
I said, you hit me with the phone.
Johnny, you hit me.
And I'm sitting on the couch.
I didn't even have time to react.
Details.
There's going to be some random detail.
I'm still sitting cross-legged in my socks on the couch.
It's amazing.
It becomes predictive.
Several times now that I've seen him, he's hit me, and I didn't even have time to react to this.
He comes over to me as I'm crying, and he does that taunting thing to me.
He says, oh yeah, I hit you, huh?
I hit you, yeah?
I'm now picturing her saying this to him, like she's describing her own behavior.
He whacks me on top of my head, just this heavy ringed hand landed on top of mine.
My skull grabs me by the hair, yanks me up off the couch.
I'm struggling to stand up.
And I don't know if he was intending to hit me in the face or if he was just trying to grab my face, but he was making this...
gesture around my face to try to hold to expose my face to him and he was like yeah let me see how bad I hurt you let me see it I guarantee that that's something that she said to him.
In fact, it is basically what she said to him in that recording that we heard before.
It was an open-handed slap.
It wasn't a fist.
She's literally describing what we have audio of her saying to Johnny.
I prevent my face from being exposed.
And I just remember this mocking taunt he was doing with me as he is...
Excuse me.
And then I hear my friend come into the room.
Taunting.
I want to go back and listen to that audio recording of her telling Johnny, you've had worse.
You've had worse in your life.
That's taunting.
Raquel, my best friend at the time who lived in the neighboring apartment, she...
Came in, and Johnny moved towards her, and she ran towards me.
Johnny looked at her, looked at me.
I retreated to the only place I had to go, which is the corner of the room where the couch was.
I retreated kind of to the couch, and Raquel and Johnny both ran up to me.
And now all that she has to do is show some evidence that it actually happened.
Because thus far, there's only evidence that she did this to Johnny.
In between he and I. By her own evidence.
And I'll never forget it.
Just very slowly, in just a very slow, but very concentrated, very controlled, slow way.
Just put both of her arms, her hands up like this.
And like I've seen people do with horses.
That's what it reminded me of.
She just went, no.
No, Johnny, no.
And she just got in front of us, in between us, put her, both of her palms out.
Johnny kind of squared off to her, ran into her arms, and she just repeated herself very slowly, very calmly, very directly.
He hit both of her arms off of his chest like that and barreled towards me.
I instinctively curl up.
On the couch.
And I just feel her arms come around me, next to me.
She was sitting on my left next to me on the couch.
I just feel her arms around me.
And I'm just looking down at the carpet, feeling her arms.
And that's when Johnny, who I can see partially and hear, is right in front of me.
And he's screaming at me to get the fuck up.
Amber, get the fuck up!
Amber, get the fuck up!
And every single time he said it, he's screaming it louder and louder and louder.
I think he screamed it probably about 10 times so loudly.
The next thing I hear is, boss, boss.
And I realize that his two security guards had come into the apartment at this pace.
I see them, or hear them, and Johnny turns to them.
And I see Jerry say, "Boss!
Boss!" And I get up off the couch and I say to Jerry...
Objection, Your Honor, hearsay.
Not offered to prove the truth of the matter.
Asserted at all.
It's going to be sustained.
All right.
So don't tell us what you said to Jerry, just what happened next.
Then they tell him something.
And he picks up the bottle.
That I guess he walked in with.
This is Mr. Depp or Jerry?
I'm sorry, Johnny.
Okay.
And starts smashing things off the nightstand, the coffee table, starts screaming, and they kind of, I feel them kind of corral him.
I'm not making direct eye contact, but I can kind of...
Corral him because she's referred to him as a horse already, so this poetry makes sense in her storytelling.
The apartment, kind of knocking things off the countertops and breaking things on the way.
We've seen him do that.
I realize he's punching something.
I assume it was the picture because it broke right after he walked past it.
And he leaves that apartment.
I hear him in the hallway, still screaming.
I hear more doors opening, more racket.
Eventually, Josh, Raquel's husband.
Comes into the room and brings me to safety, brings Raquel and I to safety in their apartment.
And that's where I stayed for the next few hours.
Raquel will be testifying, I hope.
I believe it was Io.
Objection caused your speculation?
Well, yeah.
Did anyone call the police?
We have to have the context here of somebody called the police because then the police come.
So I think we have to.
I mean, it's not offered again to prove the truth of the matter asserted.
It's just who called the police.
Your Honor, the objection is not hearsay.
It's speculation.
Do you know who called the police?
Yes, I do know.
I totally agree, Acheron.
Did you have...
Were you present when there was a discussion about calling 9-1-1?
Objection calls for your sake.
I'm asking if she was presenting the objection.
Did you call 9-1-1?
No.
Did anyone call 9-1-1?
Objection calls for speculation.
Do you know whether Rocky called 9-1-1?
I do know whether she did.
And she did not.
That was a weird way of answering it.
Did anyone call 9-1-1?
When did you learn that the police had been called?
Okay, good question.
Roughly an hour at some point shortly after Johnny and his security guards left.
And what did you do as a result of knowing that the police were coming?
What did you do as a result of knowing the police?
I didn't know what to do because I didn't know what they were going to do when they saw the state of the place.
He'd also smashed up the other apartment where I kept all my things.
So I didn't know what they were going to do.
And I panicked.
I called.
The heck does that have to do with anything?
I called the only lawyer I have, which is my entertainment lawyer.
He does my movie contracts and stuff.
Asked him for advice.
And then, without telling what he said, what happened next?
I called a domestic relations attorney after that conversation.
Domestic relations?
Had you known this domestic relations attorney before then?
No, I did not.
Did you get that name from your entertainment attorney?
Yes, I did.
Okay.
And when you called the domestic relations attorney without saying what she said...
What did you do as a result?
I told the police officers who arrived that I would not...
Objection, Your Honor.
I cannot afford to prove the truth if the matter is certain.
I'm sorry, could you repeat that?
I can't turn the audio up from the stream.
I refuse to cooperate at this time at the advice of my attorney.
She's blaming it on her attorney.
Pathological.
I refuse to cooperate.
At the advice of my attorney.
Now, I'm going to ask you to take a look at some pictures.
I refuse to cooperate with the police.
But before I get there, I want to ask you a couple of questions leading up.
What were you doing when the police officers arrived?
I believe there was not a police report because they didn't...
Feel those reasons to write one up, I think.
At that time, after I learned that they were coming, my best friend took pictures of me.
We took pictures of the house and my face.
To not cooperate with police who are there because you're alleged being abused by your spouse, that's the right thing to do.
And it's pathological to say that any lawyer who said if you're in danger, do not cooperate with the cops is unreasonable and questionable.
We will agree to disagree, Just J.C. I think we can do the native on this one.
Yes, thank you.
Does this accurately depict the scene portrayed?
Yes, it does.
Your Honor, I'd like to move the admission of defendant 706.
Look at 706 in evidence.
Where did it go?
And would you please describe to the jury what this is a picture of?
This is my face after Johnny threw a phone at it.
I'm going to now Michelle ask you to pull up defendants 708.
And does this accurately depict the scene portrayed in this picture?
Yes, it does.
All right.
And I also see that there is a little, what we call metadata item on there.
How do you get that on a picture?
How does that happen?
Can you just describe briefly?
Objection, Your Honor.
That's speculation.
Lack of foundation.
Yeah, I appreciate people in the chat saying never talk to police.
If you believe you're in imminent harm because you're being abused and that you're seeking refuge and that you're just trying to be safe, you don't have to...
I may or may not agree under those circumstances.
It's one of those incidents where don't talk to the police when you, based on your own testimony, were felt you were an imminent harm.
on point TMR 626.
TMR 626.
I mean, this is not a case where, like, the cops stop you and just want to talk or they show up to your house, you know, at a 6 o 'clock morning raid and saying they just want to search your stuff.
Do you mind if we do it?
This is a case where by her own testimony, she felt an imminent harm for her personal well-being as the victim of domestic abuse.
The police are there and her attorneys said don't cooperate with the police.
No, I'm sorry.
If that makes sense to you, then we have very different levels of assessing evidence.
Can you please explain how this particular item on here got onto the pictures?
It's a feature that was on iPhotos, you know, where your pictures are stored on your phone.
The question is, does her throwing her lawyer under the bus open up to solicitor clients questioning?
I don't think so.
That's what came up.
The lawyer in an ethical complaint maybe.
Your Honor, I'm going to move the admission of defendant 708.
Your Honor, I would just ask the picture be redacted on hearsay grounds for the metadata.
I'm curious as to what the alleged metadata is.
I can't understand why that would be prejudicial or potentially prejudicial.
Thank you.
Yeah, cross-examination is going to be very interesting.
Yeah, so once she talks about her lawyers suggesting it, I don't think that that opens up cross-examination to saying we'd like to see maybe on that specific point, not a solicitor-client privilege at large, but maybe on the email.
Any text message from your attorney saying don't cooperate with the police when they're there under those circumstances?
Maybe.
I'll defer to a procedural lawyer in the States on that one.
When is cross-examination?
Whenever they finish.
Whenever they finish in chief.
Okay, that's fine.
Cute little Pomeranians there.
Oh, man.
I'm going to move the admission of 708 with the redaction, Your Honor.
Okay, any objection to that?
There still needs to be another redaction at the top, Your Honor.
But so if the metadata shows date, presumably the only reason they would want to redact the metadata showing date is if this is, in fact, contemporaneous with the alleged events, because if it predates it, you would want that metadata to show that this picture does not temporally coincide with the events.
Thank you, Your Honor.
And I would also like the record to reflect that...
We're publishing this to the jury?
Yes, no objection, correct?
Yes.
There we go.
Okay.
I would like the record to reflect that this was the photo that was shown to Officer Sines and Officer Hadn't...
Objection, Your Honor.
That is inappropriate.
Your Honor, we couldn't put him in because we hadn't identified him.
Now the jury should be entitled to know which photo was shown.
Your Honor, we ask that we approach it.
Okay, we can approach it.
That picture looks like what it looks like.
Okay.
The thing is, though, I'd like to compare that second picture to the first picture.
Because if we want to play Sleuthy, that second picture looks redder than the first picture.
And so...
So, for the record, this particular photo was shown to Officer Sines and Officer Haddon as Exhibit 24 in both of the depositions that were shown earlier where the pictures were not allowed to be shown yet because they hadn't been admitted.
Amber, will you please describe for the jury what was depicted in this?
Let's see this.
When was this one taken compared to the first one?
Yes, that's a picture of my face.
taken that evening shortly before 9:30 after Johnny hit mute with the phone.
Okay, now we can take this one down and let's go to defendant's exhibit 709.
Let's see what this is.
So she took that at 9:30 after the cops had come and gone or it was just before the cops got there?
I'm going to ask if you can redact that or so.
Well, I actually had the exact same thought, is that if Johnny's a right-handed and threw it from the right-hand side, but who knows what position people are in, so you can't really play forensics like that.
But the question is this.
Chat, if you know, she says she took that picture at 9.30.
Is that after the cops had come and gone?
Remove the admission of 7.09.
All right.
Any objections?
Not with rejections.
Thank you.
7.09 with rejections and evidence.
Here you go.
Thank you.
And Your Honor, for the record, this is the photo that was shown to Officer Saenz and to Officer Haddon as Exhibit 25 for both of their depositions.
Exhibit 709.
Okay, so that...
And would you please describe for the jury what's depicted here?
That is my face after the phone incident.
That's that night.
All right, let's bring Defendant 710, please.
So the question is, setting aside whether it's fake or not, or people think it's fake, can't prove that.
Unless Johnny's team can prove that.
Was this after the cops had come and gone?
After she refused to...
Any objection?
No objection.
Thank you.
Was this after or before the cops had come and gone?
Because if the cops come and don't see anything...
This photo was shown to Officer Sines and Officer Haddon.
It was Exhibit 26. When was it shown to them?
And please describe for the jury what's depicted here, Amber.
That is my face.
This is what the police testified to as well.
That they didn't file a report or bring one up because they didn't see anything that warranted it.
Okay, let's go ahead and go to Defendants Exhibit 7-11.
Okay, let's see.
Photo was shown.
And I'm going to move the admission of 7-Eleven, Your Honor, with the redactions.
Sorry, any objections?
No objections.
7-Eleven with redactions, evidence published.
And for the record, Your Honor, for the jury's purposes, this was shown to Officer Sines and Officer Haddon as Exhibit 27 to both of their depositions.
This is the question.
In the chat, how long after the incident were these pictures taken?
Another angle, another lighting of my face after the phone.
And when you say angular lighting, what did Rocky do in taking these pictures?
What did Rocky do?
No, I would let her answer that.
Raquel took pictures of my face in various places around the penthouse.
The apartments have really different lighting, you know, really dark in some places.
Oh, I think I understand.
Anyway, so we just took pictures in different lighting.
We had an accurate portrayal and depiction of what had happened.
So they took these pictures before the cops showed up.
When the cops show up, they don't see anything to justify drawing up a report, but they show these pictures.
We knew that the police, I think at this point, they were already here.
They were with us, but we weren't.
Maybe this is right before.
The story does not make sense chronologically.
We weren't sure what was going to happen, what the police were going to say, what they were going to do.
We didn't know what Johnny was going to do, what he was going to say.
This doesn't make any sense.
Okay.
So let's go ahead and bring up 712.
So she says, we knew the cops were coming.
We had to do something.
So we took these pictures.
Cops come.
I don't cooperate with them.
They see nothing to warrant writing up a report.
They leave or we show them these pictures at the time.
This does not make sense temporally.
That they knew the cops were coming and they had to take those pictures but then did not cooperate with the cops when the cops came.
And Rocky is the one doing it to make these pictures.
What time was that?
That was before the cops got there.
You had to do something.
Cops come.
You don't cooperate.
They don't see anything warranting further intervention.
I just want to know when she showed these to the cops.
Was it after the cops had left?
Oh, by the way, guys.
Looky, looky.
Yeah, I'm confused also.
I don't know if it's just me or like maybe.
I suspect Emily Baker and Alita Legal Bites are much more familiar with the exact timeline.
This one looks much different than the other one.
They showed the cops the pictures at deposition, not at the apartment, I think.
Here we go.
So the pics were shown at the deposition.
Not when the cops actually showed up.
I did not punch you.
I hit you.
That's what she said to him.
No objection.
We're all on the same page here.
This doesn't make sense.
Same picture.
Same angle of my face or another picture of my face taken at a different time.
I don't know if this is later or before because I can't see the time on it.
Okay.
Take that down.
Let's go to 7.15.
See, I wouldn't get on the it looks doctored.
I mean, you can have some other theories as to how you make something temporarily read.
But the fact that she took these pictures when the cops were on their way.
Cops come.
She doesn't cooperate.
They leave.
And then she shows these pictures to the cops after in deposition, but not when they actually came.
That makes no sense.
This one was shown to Officer Sines and Officer Haddon as Exhibit 17 for both.
Please describe for the jury what's depicted here.
What's in the background?
You got a blender?
There's a picture of my face.
Some point later on in the night, it looks like that was taken in...
Rocky's apartment or the apartment that she was staying in.
Okay.
And let's go to 716.
Yeah.
Well, the cop said that.
If we had seen anything, we would have written up a report.
Okay.
Move the admission of 716.
No objection, Your Honor.
716, evidence as redacted.
And Amber, could you please tell the jury what this picture depicts?
Yes, it's the business card that one of the police officers left for me in case I changed my mind and wanted to comment.
And the pictures that we have just seen before this, were they taken before the pictures of the police card, the card that was left?
After or do you know?
Catching compound and calls for speculation.
Your Honor, compound is overruled.
Thank you.
Elaine is so happy she got a question out.
We took pictures before, during, and after.
And the question I ask you is the pictures you've seen so far, were those taken before, at the time of this, before this card was presented to you and you took the picture, after or do you know?
Some of them were, but without seeing all the timestamps, I can't tell exactly.
Okay, that's fair.
Thank you.
Okay, and then I'm going to ask you to take this one down and go to 717.
Before, during, and after.
She took the pictures when the cops were there while refusing to cooperate with the cops.
Oh, cross-examination is going to have a field day with this.
Langford's on it, too.
Jury, cops are there.
I refuse to cooperate, but let me just snap a few pictures.
And if that's what it looked like when the cops were there, they would have drawn up a report by their own testimony.
The two officers that first responded left me that card.
This is the front of the business card they left.
Can you...
Tell the jury, just explain what the interaction was that you had with the police officers.
Just describing what you observed as they came through.
I did not want to speak to them.
I asked that Raquel's partner or husband asked them to go away without speaking to me.
And just so the jury understands, who was Raquel's fiancé at that time?
His name is Josh Drew, and he and Raquel lived in the apartment at Johnny's invitation across the hall from us.
Raquel had keys.
We kind of shared keys.
They were our neighbors, but had keys to our house.
Okay.
So why didn't you want to cooperate with the police?
The sigh.
I didn't want to trigger Johnny.
I wanted to protect Johnny.
I didn't want him to be arrested.
I didn't want him to be in trouble.
I didn't want the world to know.
Then why'd you take pictures?
I didn't want this to come out.
I didn't want him to be in trouble.
I didn't want this to be...
I wanted to protect Johnny.
So I took pictures to incriminate Johnny while protecting him.
It would be a cross-examination question.
You wanted to protect him.
Why did you take pictures with Rocky Pennington before, during, and after?
Why did you give them to the cops after if you wanted to protect Johnny?
By the way, Rocky Pennington is the UFC fighter.
If I'm thinking like an attorney.
You know, if someone knows how to cause a welt...
Move the admission of 1374A, Your Honor.
I wanted to protect Johnny, so I told the cops to go away, took pictures before, during, and after to subsequently give those pictures to the cops because I wanted to protect Johnny and didn't want this coming out.
This is a different room now.
Let's go to 1493T.
They're going to get this in cross.
Where are all these pictures being taken?
Over what period of time?
You saw a metallic backdrop of counters, or what do they call them?
Cabinets in one of them with the blender.
Now it seems to be in a bedroom.
Now it seems to be in a bedroom.
And move the admission of 1493T.
No objection.
All right, 1493T in evidence.
And what does this depict?
This is a picture of my eye, my face.
When?
After that incident.
Where?
By the lighting, it looks like it might have been taken the next day, but I can't tell.
I mean, I can't tell for sure.
Okay.
And then let's go to 1493 S. Move the admission of 1493-S.
No objection.
All right, 1493-S in evidence.
And what does this depict?
This is another picture of my eye and side of my face.
Now, were there also pictures taken of the property?
You see something.
It's red.
It looks swollen.
It looks like there's a bit of a bruise.
In the eye part there?
Yes, there were.
Okay.
Michelle, can you bring up Defendants Exhibit 700?
It looks like there's something there.
Now, the question is...
We will take off the metadata.
The question is, is it...
What's the word?
Does it match with the story?
And then the other question is going to be, does it actually coincide with the testimony of the police officers who already testified?
No objection with redaction.
700 with redaction.
Can you please describe to the jury what's depicted in this photo?
Let's see here.
Yes, my friend was preparing for a bead show and had displays to show these bead necklaces she made.
And she needed some counter space in order to kind of set up the displays that she was going to use the next day.
So she asked me earlier in the day.
If she could use the free counter space in that penthouse, Penthouse 5, to kind of set up those display racks.
They were set up in that room when Johnny went in there to destroy things.
This is a picture of someone's computer.
This is not even a photograph.
And this looks like it's in a photo.
Am I wrong?
Is this in something of a photo?
I'm lack of foundation.
I'll sustain it as a foundation if you want.
Okay.
That looked like he was in some sort of photo editing program.
What's the damage that was done?
Well, because Johnny would always smash up my things and destroy my property when he was mad at me.
Property again.
He would go to property.
Gets her very angry when he destroys property.
I asked if they not let him in so that he could do that.
I mean, the only purpose for him to be let in.
Penhouse 5 in that state.
He doesn't have property in there.
The only reason for him to go in there would be to destroy it.
And they, of course, let him into Penhouse 5. Objection, Your Honor.
Lack of foundation.
All right.
I'll sustain the objection.
Next question.
Just tell the jury what he did here that's depicted in this.
This is just one corner of the room that shows the destruction.
He just went in there with this bottle swinging.
Destroy.
Smash a bunch of things.
Objection, Your Honor.
This is speculation.
She hasn't established that she was there.
I'll sustain if you want to lay the foundation.
Did anybody else, to your knowledge, go in there and do this?
Objection, Your Honor.
Calls for speculation.
I'm trying to lay the foundation.
First of all, she's been testifying for three days now.
We'll let somebody else tell who did it.
She's had a few pictures now.
These pictures.
The evidence that she submitted shows that she was hitting Johnny.
This picture, we're trying to figure out what it means and what it even is.
Let's go to 701.
We're given a chance.
This is three days of testimony describing the most horrendous abuse possible.
And there's one picture of what seems to be redness on her eye taken before, during, and after cops showed up and didn't see anything.
So giving her a chance does not mean suspending disbelief.
The cops said had they seen any indication of abuse or an altercation, they would have written up a report.
The cops didn't see that.
Can you please describe what's depicted here?
Yeah, it is our bedroom and penthouse three, the main penthouse.
Looks like he was just throwing things.
Objection, Your Honor.
I'll sustain the objection.
Just describe what you see here as opposed to what you say he did.
I see a bunch of art tossed on the bed.
Okay.
Where was that art before Mr. Depp was at your house on May 21, 2016?
Hanging on the wall where it belongs.
Okay.
Let's go to...
So can you bring up defendant 702, please?
She might just have runny mascara for everybody asking why she keeps touching her eye.
Uh-oh.
Oh, Your Honor, and I forgot on the last two.
For Defendant's Exhibit 700, that was shown to Officer Sines and Haddon.
It was Exhibit 39 to both of theirs.
And Exhibit 701 was shown to Haddon only, and that was Exhibit 30 in his deposition.
I move the admission of 702, please.
Any objection?
The glass on the art is all intact.
I did notice that as well.
Thank you, Your Honor.
Let's see what's going on in the Viva Barnes Law.locals.com chat.
And can you please describe for the jury what's depicted here?
Please describe for us what's depicted.
As broken glass from one of the broken pictures that were hanging on the wall.
And where is this physically?
This is in Penthouse 5 on the stairwell.
Okay.
Michelle, can you bring up Defendant 703?
It looks like a wet spot on the grass.
Sorry, on the carpet.
It's interesting that the chat seems to be very much not believing Amber.
You never know what's on the internet, but a lot of people who...
Thank you.
Say they've lived through these types of experiences and don't appreciate this.
And Amber, please describe for the jury what's depicted here.
It's another photograph of the stairwell in the same apartment, Penthouse 5, which is the apartment where I kept my things.
Okay.
And is that glass on the stairway?
Yes, from one of the broken picture frames on the wall.
I had a lot of picture frames on the walls.
And many, if not most of them were smashed.
Except for the ones we just saw on the bed.
Those did not look smashed.
I hate broken glass people.
Move the admission of defendant 704.
No objection.
All right.
704 with redactions.
Thank you.
I'm curious about the redactions.
I hope Barnes can...
What the heck is this?
The carpet's perfectly in order.
Piece of glass.
It looks like the base of a wine glass.
That is in Penthouse 3, the main apartment.
When?
Well, you went to Penthouse 5 to Penthouse 3, and now it went from picture-frame glass to a glass of wine?
There were glasses in the kitchen, always.
And when Johnny was walking out, I saw him, myself, swinging the magnum-sized bottle, and I could hear glass breaking and things falling.
Okay.
Thank you.
Michelle, can you bring up 705, please?
She's got, like, exponentially more pictures of property and alleged property damage than actual abuse to her body.
Alleged abuse to her body.
Of the admission of 705?
No reduction.
Excuse me, no objection.
705 in evidence.
Thank you.
Go ahead.
This still looks cleaner than our house.
On a good day.
What is portrayed here?
Things knocked over on the kitchen countertop and I see pieces of broken glass on the countertop as well.
Let's go to 707.
That's another fair question.
To me, none of these pictures she took do not prove JD did it.
Also, she didn't want to ruin him.
Why so many photos and recordings?
Because the story doesn't make sense.
Because the reason is maybe when the cops were coming...
There would be a bigger mess and more dog poop in our house at any given point in time.
What's that white powder?
Is that baking soda to try to get a stain out?
Baking soda trying to get a wine stain out.
Leading up to the apartments.
So this is the hallway that connects all of the apartments.
It's kind of an indoor-outdoor sort of hallway, meaning it's covered.
This is why.
It's exposed on the far ends of both to the elements.
So this is not carpet.
It's like a plastic-y...
I don't know how to describe the material.
It's like a plastic-y kind of...
um netting not netting it's difficult to describe but it's a kind of an outdoor sort of carpet all right and what's depicted there uh one what's the white powder what's the little on the wall it seems okay let's go to 718 please no those are like that looks like it looks like patio carpet so that it doesn't get moldy when it rains on it what was the white powder how did no one ask that Mark Hargis,
sorry I missed the stream yesterday, landed my largest catfish, 26 pounds.
Congratulations, Mark.
It's another photograph on the floor, not the wall.
This one appears to be remarkably unbroken.
No, it's amazing.
It's remarkably unbroken.
It's almost like someone put it there.
I don't think there's penalty.
You could be held in contempt of court if it's technical perjury, but not just not being believed, like straight up being put...
With the admission of defendant 719?
Not in contradiction either.
Like, I have no money in my bank account.
Oh, well, there says there's a million dollars in your bank account.
That could be contempt-worthy perjury.
This is where she took the picture, the other picture.
Looks like one of the things that was knocked off of the kitchen island when Johnny left.
This is where she took the picture when Rocky took the other picture of her rosy cheek and you had the same metal panches in the background.
Interesting.
So they take the picture and there's fruits on the ground.
Whether or not it's evidence of actual abuse or evidence that they're staging things for photos because she doesn't want to get Johnny in trouble.
That'll be up to the digester of the information.
During the deposition.
But not when they came to actually help.
Amber, could you please describe to the jury what's depicted here?
paper on the ground.
That's my office.
It's a corner of my office and that is a box of Sentimental things, things from my childhood or things that are important to me.
Keepsake box that has been dumped out, it looks like.
Okay, guys, I don't want to tell you what I think right now because people just accuse me of bias.
That's like if you're going to stage something and you think that that's how someone else thinks, that's what you do to yourself.
She's going to suggest that Johnny Depp to get back at her, deliberately dumped her sentimental stuff on the ground.
But didn't burn it, shred it, stomp on it?
That's like...
And yes, people, it's not biased.
I do not believe Amber Heard anymore.
You know what might have been compelling?
Had she let the cops do their job and take these codes, the fact that she didn't lead me to believe she staged them.
And by the way, none of the cops saw this when they were there?
So this happened after the cops left.
If the cops had seen any of this, they would have written up a report.
Or they would have asked a few more questions.
By her testimony, this had to have been the state of the house when the cops got there.
Okay, I think I may have just put the pieces together here so that it makes no sense.
After the fact, yeah, good.
By her testimony, the house would have looked like this when the cops got there.
My friends and I, when we were at that London house, that Johnny punched.
Okay.
You're stopping to watch this.
I heard it.
Okay.
All right, let's go to 723, please.
So the house presumably looked like this when the cops were there because of the pictures that they took, which we now know were in the same room before, during, and after.
And if the cops saw a house in this array or a penthouse in this disarray...
I suspect they would have had a few more questions.
Okay.
She's going to get destroyed in cross-examination because this story is now not making any sense.
Where was Johnny at this time?
Because she says she left.
This was shown to Officer Sines and Haddon in their depositions, Exhibit 38 for both.
Amber, please describe for the jury what's reflected.
One of the...
It looks like a Magnum bottle of wine.
That is...
Empty or spilled on the floor?
Empty or spilled.
Can you tell where that is located?
It looks like it would be Penthouse 5. Okay.
Let's go to 724.
Oh, boy.
Yeah, I don't know the difference between Penthouse 3 and Penthouse 5, but she said that this is what led up to the cops being called, so this is what the places looked like when the cops showed up.
I think they showed up at Penthouse 5. And they didn't see anything from the cops' testimony.
Johnny is no angel.
Does not mean that he's guilty of what she accused him of.
None of us are angels.
Thank you, Susie.
Just throw that out there, by the way.
Do you want to elaborate?
Was Johnny Depp using a bottle as a bat to strike you?
Just throw that out there and let's move on to the next picture.
Let's say something that the picture doesn't say it shows in our testimony while discussing the picture.
Yeah, during the deposition.
We got it, Elaine.
Not when they showed up.
After they could no longer investigate these pictures.
This looks like a penthouse five.
Okay.
And the last but not least, Michelle, please defendants.
Oh, she drank some of that pink stuff.
Seems to have gone down.
But by the way, remember, she didn't want to get Johnny in trouble.
So she just meticulously took all of these pictures before, during, and after.
Didn't tell the cops when they were there because she didn't want to ruin Johnny's life, but then gave it all to the cops.
When was the deposition?
Actually, when was the deposition?
It's going to be well later, right?
Who knows when the deposition was in relation to the visit itself?
Thank you.
We will get a tissue.
Thank you, Halisa.
Alright, no objection.
726.
Don't give her the special tissue.
We need a Robert Gouveia mind map timeline.
Okay, thank you.
Now, when the police officers were there...
Okay, here we go.
Good.
Did either of them take you aside by yourself and talk with you?
Oh, now they're going to blame the cops for not doing their job properly.
Yes.
Which one?
Or both?
The male officer I did not have much interaction with.
The female officer asked to, said she needed to speak to me by myself, pulled me aside.
We went into Penthouse 3, the main Penthouse, to speak there because I had been in Penthouse 1. Raquel and Josh's apartment up until that moment.
Okay.
And then what, if anything, did she ask you?
She asked me if I would make a statement, if I would cooperate.
She kind of indicated to me, I don't remember if it was a, what word she said, but she kind of gestured to my face and...
Objection, Your Honor, hearsay.
I think she could...
Gesturing to her face is not hearsay.
I'll sustain the objection.
Okay.
And it's also not offered to prove the truth.
Okay.
So what happened next?
Let's do this.
How long were you with the officer when she took you aside?
You're not answering the question we prepared.
Let's try to get it another way.
And as a result of that, did you cooperate?
No, I did not.
But it was my understanding that I couldn't stop them from walking through the apartment, which is what they indicated to me.
Okay.
And were you with them when they walked through the apartment?
No, Josh.
Well, I was with them at the beginning of Penthouse 3. Josh.
Raquel's partner took over from there and showed them around the house up through Penthouse 3, which connects on the top floor to the neighboring apartment, Penthouse 4, and then on to Penthouse 5. They all connect on the top level.
So Josh walked the officers through the house.
Well, she can't ask him what they saw.
What, if anything, did you say about the identity of Mr. Depp?
The heck does that mean?
Were you asked?
Yes.
What was she asking?
What question was she asked?
Why did you refuse to tell the police officer?
Objection, asked, and answered.
But let her do it.
Let her say it again.
Want them to arrest Johnny.
So why were you taking pictures of all this stuff?
I did not want any of this to happen.
I did not want any of this to happen.
So I said, well, I just refused to cooperate.
And then you took pictures before, during, and after refusing to cooperate.
I don't recall exactly.
Maybe...
I'd say less than half an hour.
I really don't know exactly, but they weren't there very long at all.
Okay.
Now, after the police officers left, what did you do?
We cleaned up a bit because it was broken glass and we had dogs.
So we tried to clean up the mess, especially the glass.
Josh, Rocky, Liz, and I, we kind of just...
Cleaned up and eventually sat on the couch and they just tried to comfort me.
What, if any, knowledge did you have that there was going to be a second set of officers coming later that night?
I didn't know about that.
That surprised me.
When did you learn that a second set of officers were coming to the penthouse that night?
I think I learned about it when they were there and they arrived.
Who called those cops?
We've seen the body-worn video on that.
Is there anything that you recall outside of what was reflected on Officer Gatlin's body-worn video?
Who can summarize what the body video said?
I think I did not see that video.
I remember...
Being surprised that they were there, not really knowing why they were there.
I assumed it was because I was encouraged to make a statement by the first set of officers.
And I was sitting on the couch.
It was some time, hours, maybe between an hour.
Two hours, maybe more.
I don't really recall.
But we had cleaned up and we were resting and they were comforting me when they came.
And they didn't seem to...
They didn't do it the first set of officers did.
They just kind of came into the apartment, confirmed that...
Interesting.
...that I was okay or that we were okay.
They didn't really seem to be that...
Concerned.
What did they do, Amber?
They didn't demand to do a walkthrough like the first set of officers had.
They did a walkthrough the first time.
And they left.
Okay.
And what, if any, cooperation did you give them?
Well, I didn't need to.
I didn't really cooperate with them.
I didn't talk to them.
I didn't even get up off the couch.
I was speaking to them from quite a bit of a distance, like between you and I, and maybe more, and I didn't really say anything.
I just kind of acknowledged that they entered and that was it.
Did you provide them with Mr. Jeff's name?
No way.
Did they ask?
No.
Did they ask?
Like, they need to know where they...
I'm going to take you to the next day.
So imagine the cops come in and she's sitting on the couch and how you perceive that interaction is going to be how you digest the entire circumstance that she just described.
What if any efforts did Mr. Depp make to reach out to you the day after this happened?
Well, he made several efforts.
Immediately, he kind of reached out and lashed out again.
She went to Coachella after all this.
Slightly delusional thinking that just because he saw all my friends' beads out on the countertop that it had become a workshop or a studio for her.
So he seemed angry about, you know, this perception that this bead display that my friend had set up was evidence of her running some sort of workshop.
And he also accused us of having, or me, of having invited someone else to live there who wasn't living there.
Who was just in the apartment when Johnny stormed in.
So he just kind of lashed out and then the tone changed and the days that followed.
And let me stop you there.
So I'm going to ask you to take a look at Defendant's Exhibit 772.
What's it going to be, people?
Is this a text message from Mr. Depp to you?
Yes, it is.
And it's on 522 at 1223 a.m.
So it's early morning hours after 521.
Would that be fair?
Yes.
Your Honor, I'm going to move the admission of defendant 772.
No objection.
Okay, let's see what this text says.
Okay, let's see it.
That was it.
The last encounter forever.
You are already ready to strike.
But it says...
Steve is yellow.
Steve is Johnny Depp's text name.
I'm an idiot.
PH5 is Rocky's studio.
You are shameless.
Do you see that?
Why did she skip over it?
You were already ready to strike.
Which we now know that Amber has done based on her own audio.
And then...
Obviously, we can read that he says, I tried to make it work.
You just turned more and more into a spoiled brat.
You skipped over something, Elaine.
I'll let you understand how I fell in love with you.
You're not her.
I loved you more than anything.
I did everything that I could, but you never fucking loved me.
I was merely convenient for you.
I hope our divorce goes as quickly as possible and that it is as painless as possible.
So sorry you were as unhappy with me.
As you were.
Obviously, the purity of whatever was has been gone for a long time.
I will miss the moments of beauty and truth.
Goodbye, Amber.
What the fuck was I thinking?
I wish you all merit.
All you merit.
The former him.
I wish you all you merit.
What funny discussions did you have with Mr. Depp about divorce?
Elaine, why did you skip over the part at the beginning where it says that was it?
The last encounter forever.
You were already ready to strike.
Have a discussion about that.
That evening, we didn't have time.
He was obsessed with dog poop.
Okay?
That's what he wanted to talk about.
Except it wasn't anywhere in that text message.
Let's go to Defendants Exhibit 773.
They submit that.
This is allegedly after the...
Well, this is allegedly, after the alleged incident of alleged abuse that Amber's talking about.
And that's what Johnny Depp writes.
You were already ready to strike.
We know that she's already hit him.
And then it goes into him feeling terrible about what's going on and wishing her the best in this quick divorce.
At 6.58pm, just saying here.
Does that refresh your recollection of when he arrived at your penthouse on May 21?
Yes.
Okay.
And then the next series are on 522.
They start at 513.
It makes him look good, Roland.
And she skipped the prejudicial part in the first part of that text.
Cross is going to come back to that.
Do you see that?
Johnny says in that text, she was already ready to strike.
Correct?
Yes.
All right, Your Honor, I'd like to move the admission of defendant 773.
Your Honor, if we could just have a minute to review this exhibit.
Yes, ma 'am.
Is it just this page?
No, there's three pages.
Three pages.
I'm just reading in Michelle's hands.
I tell you what, anyhow, it's quite interesting to watch the evolution of this trial.
They're going to come in with so much in cross.
If I'm the defense now, I think the strategy is just to have Amber testify for three weeks so that the trial runs out of time.
And that's a joke because they have very strict...
They're being measured by the hour by the judge.
So...
No objection, Your Honor.
All right.
773 in evidence for the dinner fires for decades.
Thank you.
Johnny, like we said before, had they just stuck with the evidence of Johnny being toxic, would have been exponentially better of a position to take them what they'd taken here.
This is the 521, 6.58 p.m. saying he's there, correct?
Yeah, but I think he came in later than that.
Took him some time.
Okay.
And then if we move up, the next one is you at 522.
That's one heck of a terribly unstraight line there, Elaine.
And then you say, thank you.
Cross is over whenever this is.
Cross starts whenever this is over.
What do you recall of why you sent those texts?
I believe we had spoken on the phone.
Why did you send it, was the question.
I can't control this, correct?
The screen?
I don't know.
We can give you control, yes.
Maybe we should do that and clear out my purples.
I just don't know what was sent right before this.
Go ahead.
Go ahead.
We can't scroll.
She's asking to scroll.
Okay, Michelle, let's have you scroll if you can.
Just go ahead and scroll through just slowly so she can read the whole thing.
Okay, let's see it.
Sorry, I'm just leaving Amanda's birthday now.
Just let me know when you have a...
What are you doing?
Yes, but I'm scared and sad and want to be alone and in a quiet place to talk.
Oh my gosh, please.
Internet, screen grab and just read what that blue one just said.
I'm scared and want to find a quiet place alone to talk.
Thank you.
Do they have house cleaners?
They have house cleaners.
And the house cleaners did not seem to think it was dog poop.
All I know, Yvette never felt so much pain or grief in my life.
You fell asleep earlier while we were talking.
I checked with, okay, please call me when you can speak okay with all the love in my heart, me.
Please, please call me.
I guess it's not confidential anymore.
All right.
Does that help refresh your recollection?
Yes, I believe that...
I believe he had apologized.
To me, after the phone incident, I had commitments that I had to attend the following day on the 22nd.
So the beach show I referenced, I mentioned to you, I had to go to.
I also had to bring a cake to a friend's birthday party.
So I had things I unfortunately had to do that day.
And I remember there was communication with Johnny, both by phone and by text.
Uh, where he was, uh, telling me that he was clean, that he was sober.
He, um, was clear mind.
It wasn't the monster.
Happy birthday, Stanley Davis Jr.
I was so sorry.
Um, but I, um, I had already committed to filing for divorce.
But she, in that text that she asked to meet him alone to talk.
Eventually.
I have to let him know that it's not just saying it in the anger, in the fights that we had done.
You know, both he and I did that at times in some of our fights, especially towards the end of our relationship.
And so I let him know that I was serious about filing this time and that I had had enough after the filing.
I had enough.
Okay.
Overruled.
Go ahead.
I'm going to draw your attention to the bottom of the page, Defendants, Exhibit 773.
And this is at 522.
So this is 619 p.m.
Do you see that?
Sorry, I'm just leaving Amanda's birthday.
Now, just let me know when you have a minute.
I'll give you a call.
Nothing I have to say.
You should elicit anything but a sense of ease.
Do you see that?
Yes.
And then he says, all my love.
And profound apology.
Oh my goodness.
What was he apologizing for?
Objection.
Calls for speculation.
What was your understanding?
Objection.
Same objection.
Speculation, Your Honor.
Sustained the objection.
In his phone call with you, did he tell you what he was apologizing for?
Yes.
What did he say?
He was sorry that he reacted the way he did.
He said he didn't mean to hurt me.
He didn't mean...
Notice that there's not a...
If he really hurt me that bad, he's sorry.
He didn't mean to.
Okay.
Michelle, if we can go to the next page.
Oh my gosh.
Up to the green, please.
Oh, don't skip over, because you're skipping over something we need to see.
I'm sad, I'm scared, and I am broken, my sweet slim.
I'm sad, I'm scared, and I'm broken, my sweet slim.
I want you happy.
I have zero harsh feelings.
I want you happy.
I have zero harsh feelings.
I am clear, and I am me.
What did you understand him to mean?
Objection, calls to speculation.
Did you hear it before?
I know what he meant.
Okay.
Your Honor, there's...
Did he use that phrase with you?
I'll sustain that objection.
I know.
Then you can ask the next question.
Ask your next question in an equally bad manner.
Did he use those phrases with you during your marriage?
Yes, he did.
What did Mr. Depp mean when he says, I'm clear and I am me?
Objection.
That he had sobered up.
That he had sobered up and he was not the monster again.
That he was him.
That he was a good guy I loved.
The one that I trusted.
All right.
Now I'm going to ask Michelle if you can take that one down and bring in 771, which has already been...
Watch demeanor change.
Watch her demeanor change right now.
Those text exchanges were in the 6 o 'clock to almost 7 o 'clock range.
And here, it's 522, it's now 8 o 'clock, correct?
Yes.
Very good reading.
And he's telling you, sorry if a bit, please know that my hurt towards you is over.
My hurt towards you.
My apologies are eternal and belong to you.
My hurt towards you.
The woman who came in ready to strike.
He was apologizing again.
Objection, Your Honor.
Calls for speculation.
Alright, I'll sustain the objection.
Was there anything else he would have been apologizing for that he had done?
Objection!
Calls to speculation.
Lane, come on.
I've already learned this song.
Oh, someone's got to do a supercut remix of Objection Calls to Speculation.
How you felt in that week, May 22 through May 27, and what you decided to do?
At the time, it felt like the hardest thing I've ever had to do.
I had worked so hard to try to make this relationship work.
I went to therapy and went to Al-Anon.
I got help.
I read books.
I did everything I could possibly do.
Including MDMA and mushrooms and drinking mega pints of wine.
I was conflicted.
To answer your question, I was conflicted.
Knew after he threw the phone at my face that after all that month of not seeing each other, not getting better, not getting clean and sober, there wasn't even...
It was falling apart.
I knew I had to leave him.
I knew I wouldn't...
I knew I wouldn't survive it if I didn't, so I made the decision to...
To file for divorce.
It's hard because...
Oh, by the way, she made the decision then.
After taking all those pictures.
Now it actually kind of makes sense.
Why she didn't cooperate with the cops.
Took all those pictures.
And now she's decided to file for divorce.
And look, she's got all the evidence in the world to show why she needs to get divorced.
For cause, I presume.
If I didn't...
If I didn't, I'd likely not...
Literally survive.
I'm so scared that it was gonna end really badly for me.
And I really didn't want to leave him.
I loved him so much.
I haven't done anything, but I couldn't do that one thing.
I couldn't stay.
The promise and the hope that I had had become less and less regular and more and more rare.
The monster had been this thing that was now the normal and not the exception.
The violence was now normal and not the exception.
That's confession through projection right there.
She felt genuinely scared for her life that it was going to end tragically for her and refused to collaborate or cooperate with the police.
Which is why I didn't.
She was afraid for her life and refused to cooperate with the police.
Okay, here we go.
I wanted to change my locks.
I wanted to change my locks.
I wanted a good night's sleep.
Security would always let him into the house no matter what I asked them.
No matter when I begged them to let me know when he was coming over.
No matter how much I begged them not to let him in when he was mad or drunk or high.
And I just couldn't sleep.
I wake up in a panic.
I was losing hair.
I was losing weight.
I got really sick.
I had shingles.
I couldn't sleep.
I'd wake up in a panic attack.
Pictures of them.
I had panic attacks all the time.
I was falling apart.
I was scared and very conflicted because...
The person I was scared of is also the person I was in love with.
Really, really tricky.
And I was thinking one step at a time.
You know, I was thinking very myopically.
I wanted just to get a good night rest, a good night's sleep.
I just wanted to change my locks.
I thought it'd be healthier if I got some sleep and I could think about what to do or how to handle this.
If I just could sleep and...
When I did, I realized that that wasn't enough.
Paul is in the chat.
Get in anyway.
That the building wasn't going to stop him from getting a locksmith and coming in.
I knew that he would do what he wanted.
Objectioning on her calls for speculation.
I would let her answer this.
This makes no sense.
But that wouldn't happen in divorce?
Did Mr. Depp show up for the hearing on the DVTRO?
No, he didn't.
Did you?
Yes, I did.
And why did you show up?
Because I had to provide testimony for why I needed a restraining order.
What, if any, warning did you give Mr. Depp about obtaining the DVTRO?
We gave him warning.
My counsel and his counsel were in communication and we let them know.
We had to.
It was mandatory.
It's my understanding of it.
I'm not worried.
Was there any confusion surrounding whether Mr. Depp was going to file suit as well?
Objection, Your Honor.
Cultural speculation.
Lack of foundation.
I'll sustain as the foundation.
Did you have any confusion as to whether Mr. Depp was going to file as well?
So I filed for divorce on the 23rd, I believe.
And I thought that when I went in that Tuesday, or when we filed for it, remarkably, it managed to stay under the radar.
You know, these filings...
Jim Healus, this comment doesn't make sense, given her testimony, which her lawyers told her not to cooperate with the cops.
It had flown under the radar.
No one picked up on the fact that I had filed.
This is not supported by the evidence.
As limited as it sounds now, I just wanted as much privacy as we could have.
You know, one day at a time, I wanted as much privacy as we could possibly get.
And the filing had been missed by TMZ and, you know, these paparazzi outlets and stuff.
But the communications between our counsel, I realized that Johnny was going to file in retaliation.
I'll sustain the objection.
I'm trying to think how to ask this.
Don't try too hard.
You only had a couple years to prepare for this.
Sorry, I don't mean to be mean, but this is in chief.
This is not an objection.
Sustain the objection.
All right, well, let's move on.
Michelle, can you bring up Defendant's Exhibit 800?
Let's move on, because I...
So, yeah, her lawyer's telling her...
What was the comment it was about?
To get divorced.
Oh, the admission of Defendant's Exhibit 800?
Oh, man.
Any objections?
No objection, Your Honor.
All right, 800 in evidence.
Barnes might only come in for a cross.
Describe to the jury what this picture is.
When is this picture taken?
It's a picture of my face while I'm sitting at the courthouse.
And were you wearing any makeup?
I was wearing nothing, not a stitch of makeup.
Michelle, can you bring up 801, please?
No, Virginia Viking, scared women flee.
There are lots of arguments and lots of good reasons why actual abused people do not leave the abusive relationship.
So fleeing is not the...
Only way to respond and some people end up staying in abusive relationships for a multitude of psychological and other reasons.
But we need to know the date on this.
When is the date on this picture?
Allegedly.
Did you testify?
Oh, I provided testimony and sat there and cried.
And did you obtain a domestic violence restraining order?
I did.
The court granted me a restraining order at that time.
When you left the courthouse, what did you experience?
I walked into the courthouse.
It was quiet first thing in the morning.
No one knew about my divorce, so I thought it was going to stay that way, and I walked out to a C. Of paparazzi and cameras.
Photographers.
To that point, I mean, at that point in my life, I had never seen so many photographers and they just surrounded me as I walked out of that courthouse and screamed at me.
Screamed.
I need a piece of this.
Timeline together.
She says, I didn't want to ruin his life, so I didn't cooperate with the cops.
While I was simultaneously taking pictures, I didn't want them involved because I wanted to protect Johnny, but then I still went ahead and got a TRO temporary restraining order later on.
Yeah, that'll be a breaking point after the makeup.
You said that you didn't wear any makeup that day.
We've heard all kinds of things about makeup in this case.
Could you please tell the jury what your regular routine was with respect to makeup?
Yes, I get up and wash my face, like most of us, and I put on right away a moisturizer that has tinted foundation in it.
This is the question also.
Did she not call TMZ?
Did she not provide a video to TMZ?
I have a skin condition.
My skin reacts to the sun in a bad way.
She has a skin condition and someone just said that picture looked like a pimple.
Anyway, so I put on both of those.
I put on concealer.
Well, this is very interesting.
She just admits that she had a skin condition, and some people earlier...
I leave my bathroom in the morning.
That's obviously if I don't have a bruise.
Now, when you had bruises or cuts of any nature, what would you do about those?
Would you try to cover them up?
Would you try to just leave them showing?
what would you do?
Jacciano leading.
I have a rule down there.
Go ahead.
Well, I'm, Well, I'm typically photographed in LA when I leave the house, a paparazzi type of photograph, so I'm somewhat aware of that anyway, and no woman wants to walk around with a bruise on her face.
Uh, so if I do have a bruise, uh, on my face or someplace visible, you know, the main thing you have to ice right away to reduce swelling because no amount of makeup can, can fix swelling, but it's very manageable if you ice it really soon.
Um, Arnica is also great.
She always covers, she always puts on, uh, she always does this.
Um, you obviously put foundation first.
Then why didn't you use makeup when you were at court for your TRO?
I used a bruise kit.
Not a bruise kit.
It's a theater makeup kit.
A color correction kit.
Yeah, the story doesn't make sense.
I always put it on.
Nobody wants to be seen with a bruise except when I go for a TRO and then lo and behold paparazzi is out there when I'm coming out of having gotten it ex parte without Johnny Depp being there.
That's what you could show the council.
hmm What's going on here?
This is what I was talking about as a color correction kit.
This is not obviously the exact one I used to carry, but I used to carry it with me all the time.
Sometimes this pink is sometimes a little bit more purple of a hue, and sometimes the kits are three colors.
You can get them in three or four colors.
Sometimes they have even more.
But the idea is that you want to counteract whatever color you're working with on the bruise.
So the first day of bruising, well, the immediate is red.
Red is what shows up right away, so you want to go with the opposite on the color wheel by dabbing on a bit of the green or something to counteract the red.
After a day or two, you get more purple in a bruise, so you'd obviously have to go with more of the red tones, the orange tones here.
Day two for me was always the trickiest because day two just I feel like, well, day one and day two are hardest for me because that's when you get the most blues and purples and you have to deal with the sensitivity.
Bruises don't like to be touched.
That's the whole point.
So that's the trickiest part.
But after a few days, that becomes more of a...
That blue becomes more of a brown, yellowish-brown, like a...
You know, five, seven days in becomes more of a yellow-green and then fades into a brown and then into your skin.
And whatever color you're working with in the bruise, you want to go opposite color on the color wheel.
So the opposite, I mean, so in the first couple of days when you have more of the typical bruise color, the blues and the purples, you want to go more of the orange.
On the color wheel, as opposed to the greens that you start with.
And then it progresses from there.
I also noticed that bruising on your face tends to heal a lot faster than, at least for me, it was faster healing than bruises on my body, or at least it seemed like that to me.
And a nose is pretty much unrecognizable after a day or two, depending on how much you ice it.
Unrecognizable is what she's saying is the injury that she sustained of this alleged abuse.
Unrecognizable.
Or, you know, if you wear lipstick, I suppose.
We heard some testimony of people in the week of May 21st to 27th saying that you didn't wear a stitch of makeup.
Was that true?
Objection here, Sam.
Overall.
They just don't know what they're talking about.
I always wear makeup.
You always wear makeup?
I mean, it's part of my bathroom routine in the morning.
You know, wash my face.
I put on moisturizer.
These are the unnecessary details.
And I'm certainly not going to walk around L.A. with bruises on my face.
Unless it's for a TRO hearing.
All right, ladies and gentlemen, let's go ahead and take our lunch recess at this time.
Again, do not do any outside research and not discuss the case with anybody.
And we'll see you in an hour, okay?
Thank you.
We're still in session, so please be quiet in the gallery.
Thank you.
Let's see if we can't...
Let's see if something's happening here.
Give me one second.
All right.
And again, Ms. Hurts, since you're still under oath and testifying, you cannot discuss this case to include with your attorneys, okay?
Your testimony.
All right.
Let's come back then at 1.40.
1.40 is one hour.
That's not what I wanted to bring up.
I want to bring up Viva.
With her explaining how to cover a bruise means you could probably do just the opposite and make it look like you have a bruise on you.
I won't say that I had that thought, but I had that thought.
Let's see.
Okay, so we can bring this out now.
Okay.
I can take these off my ears.
Oh, my goodness.
Oh.
Yep.
She said she didn't wear a stitch of makeup for the temporary restraining order while simultaneously saying that she always wore makeup going out of the house.
The question is, how do you...
The timeline...
The timeline on the temporary restraining order, coupled with her refusal to cooperate with the police when they came, when she was...
So that she could...
How does that work?
I mean, I wish...
There's part of me now that if I'm on Johnny Depp's cross-examination team, I'm putting together some serious timeline, because she went from, I don't want Johnny Depp's life ruined, to...
Assuming that was true then, going out and getting a TRO, filing for divorce, what was the timeline there?
You need to spring for some real headphones, man.
That's my super...
You know what?
The thing you look...
Those are good.
They work.
I don't really need them to...
Oh, okay.
Excellent coverage, Viva.
Well, this...
It's...
Her describing the...
Her describing...
The cover-up.
The makeup cover-up.
Sorry, not the cover-up of the incident.
But how do you go about covering up a bruise?
Now, so here's the deal.
One question would be, here's the deal, man.
Come on, man.
You want to know, how does she learn that?
Because you want to try to flip that in a way that says that if she knows how to cover up a bruise, like people in the chat are saying, well, she very easily knows how to make one.
But she referred to her own nose as unrecognizable.
And yet, Whether or not we agree that the photos that she submitted prove what she says they prove, if she referred to the damage to her own nose as unrecognizable, and I think we can all agree is no photographic evidence submitted to date that shows that.
That's something you've got to deal with in terms of evidence.
Yes, she said she used a bruise kit.
I'm going to go by and clip that and see what exactly she referred to it as.
If Margot Martindale or Kathy Bates had A.H.'s looks, they would have been the best actresses ever.
Kathy Bates, I think what made her a great actress was not necessarily looking like an Amber Heard.
Okay, we want Barnes.
Hold on.
Let me go see where Barnes is.
Give me 30 seconds, people.
Let me just see.
And we'll come back.
The only thing that's damaged beyond recognition is Amber Heard's career.
You have to deal with the evidence at some point and the absence or presence of evidence.
Now, let's see.
If anyone's in the...
I think Ian Runkle might be on Emily Baker.
Let's see who's going to be able to get...
Let's see this.
It is interesting to see why the world is so fascinated with this.
Some people are going to refer to it as a distraction.
Other people are going to find meaning in it or things that make it worthwhile to study.
But this is fun just from a lawyering perspective.
And like Barnes says, you learn more from real cases that are entertaining.
And this is very much like a television show, but it's real life and you can learn from it.
And you can see why Elaine, Amber Heard's attorney, is having a bit of a tough time.
The witness can't get questions out.
The witness can't get her own facts out.
And it should be the easiest of things that the witness to tell her story and to bring out the details that need to be brought out.
Viva.
Her lawyer said that it was the exact kit then make the company out and said it's impossible that the kit didn't exist then.
Now Amber says it's not the exact kit.
The lawyer's doing her best to get Amber to tell the story that Amber needs to tell.
But there's evidence.
They're running out of time to get her story straight, and that's true about it.
Let's see.
Amy Barlow says, she was so disturbed and shaken by the photographers after a staged media event after TRO.
Now, hold on one second.
I do recall there being something of an issue about TMZ Amber Heard video.
I thought there was some discussion or issue about Amber possibly having provided a video to TMZ.
I'll have to look at that when people are not watching in real time.
But no, it's...
Amber heard say, well, we've got a little bit of time while they go on break, but...
You're watching Elaine in real time.
Very frustrating in terms of not being able to get questions out because the witness is not providing the answers or the details to his or her own story, and then the lawyer has to prod, poke, try to force the witness to remember, but in a manner that's not leading, that's not trying to provoke a testimony that has not yet been...
Led up to it the proper foundation, as now I know of this American legal term.
It wasn't her nose that was unrecognizable.
The damage to her nose was unrecognizable, as in you can't recognize any damage to her nose.
The problem is, though, you come after her and say, look, you said you never leave the house without putting on makeup.
And yet you said you didn't put on a stitch of makeup for the TRO.
You might get her in a contradiction, technically speaking, but you might get her to say, yeah, I showed up to court because I wanted the court to see what Johnny had done to me.
Obviously, I'm not going to try to cover that up.
I want to show to the court why it's necessary for me to get a TRO.
Temporary restraining order.
But it's just a ton of the other stuff, the other testimony, which is just unsubstantiated for now.
But this business that we're going to have to piece together in the timeline and the aggregate knowledge of the interwebs are going to do it.
That evening with the police, the photographs taken before, during, and after, coupled with her explanation as to why she didn't tell the cops then or didn't cooperate the first time they came or the second time, only then to turn around and go get a TRO.
Once now, she has the photographic evidence that she was prepping for before, during, and after, then filing for divorce.
She'll obviously be able to say, I changed my mind.
It was a question of survival, and I had to do it.
Otherwise, I wouldn't have been here.
Resistthemainstream.org for info on Fauci and the millions he received in royalties from Big Pharma for anyone interested in important issues.
So there is...
Let's just see.
While we're on break, I don't think we need to go over...
All of this stuff during break.
Let's talk about something else just for a break from the trial.
I'm going to go to my Twitter feed because that is my running diary.
That's my running diary of the stories that I want to talk about.
There's some Canadian stuff.
Hold on.
Let's just see here.
Couchy royalties.
National Review.
I think National Review is...
National Review.
There's a sub-stack.
Who's the sub-stack for it?
Yeah.
No, you know what?
I can't do random sub-stacks because I don't want to...
Okay, so the National Review.
Let's just go ahead and see what the National Review.
Stop screen.
Share.
And more important stuff that doesn't involve what some people find uninteresting, but hundreds of thousands of people...
We'd like to send you notifications.
No.
Did Fauci and Collins receive payments from drug companies?
National Review.
You can attack its bias as much as you want, but you can't really call it garbage.
Open the Books is a non-profit government watchdog organization dedicated to investigating and disclosing the many ways in which government spends It has a new report out that should raise eyebrows.
According to information garnered from Freedom of Information Act requests, FOIA, between 2009 and 2014, both Anthony Fauci and former NIH Director Francis Collins received royalty payments from pharmaceutical companies.
This may represent a conflict of interest since they had a great deal of influence in deciding what research the government funds.
I'd like to say, by the way, anybody for whom this is news did not read The Real Anthony Fauci by Robert F. Kennedy Jr.
But it's in the National Review right now, so people are going to have a harder time writing this off as bunk conspiracy theory.
Last year, the NIH, Fauci's employer, doled out $30 billion in government grants to roughly 56,000 recipients.
That largesse of taxpayer money buys a lot of favor and clout within scientific research and healthcare industries.
However, in our breaking investigation, we found that hundreds of millions of dollars in payment also flow the other way.
There are royalty payments from third-party payers, think pharmaceutical companies, back to the NIH and individual NIH scientists.
We estimate that between the fiscal year...
Oh, this is amazing.
We estimate that between fiscal years 2010 and 2020...
More than $350 million in royalties were paid to third parties or the agency and NIH scientists who are credited as co-inventors.
This is all straight up out of the real Anthony Fauci's book for anyone who chose not to read it because the author was demonized as whatever.
Because those payments enrich the agency and its scientists, each and every dollar, each and every royalty payment could be a potential conflict of interest and needs disclosure.
Can you imagine, like, this is amazing, that...
Fauci and the NIH, they take taxpayer dollars.
Taxpayer dollars, which they then dole out to research, get credited as being co-inventors so they can then collect royalties personally from funds that were granted to these research organizations or these research institutes with taxpayer dollars.
It doesn't go both ways.
It actually just goes taxpayer to private enterprise right into the back pockets.
Of the people who decide who get the funding.
When bench scientists research leads to monetized benefits in the private sector, I suppose royalties are in order.
And certainly, government funding should reap benefits for the government when that investment leads to the development of profitable products.
But Collins and Fauci, as far as I know, were administrators, not researchers.
Yet the OTP found that they received royalty payments from drug companies.
Anyways, we know where this is going to go.
Here, let me just pop this into the chat.
Since the NIH documents are heavily redacted, we can only see how many payments each scientist received and separately the aggregate dollars per NIH agency.
This is a gatekeeper at odds with the spirit and perhaps the letter of open records law.
Let's see what he's got here.
Anthony Fauci, director of the NIAID.
NIAID.
And the highest paid federal bureaucrat received 23 royalty payments, Fauci's 21 taxpayer fund salary.
Oh my God.
Yeah, Fauci, by the way, is the highest paid federal, of any federal employee, more than the president, more than anyone you can imagine in federal employment, $456,000, and he's received 23 royalty payments.
I'd like to know what those were.
Francis Collins, NIH director from 2009 to 2021, received 14 payments.
Clifford Lane, Fauci's deputy and NIAID, received eight payments.
He makes a cool $325,000 a year.
Wow.
Yeah, it's unbelievable.
It's unbelievable.
It's almost institutionalized corruption.
Oh, let's see what's going on on the Twitterverse of other interesting stories.
Oh, the Sussman trial.
You know what?
Let's see if we can't find any news on the Sussman trial.
Hold on.
Michael Sussman trial update.
It's going to be on Twitter because there's no live broadcast.
Okay, let's see what we got here.
A federal trial is set to begin Monday.
We want to see who's live tweeting Sussman's trial.
Who could we take a guess with?
Inner City Press, maybe?
We can't find Inner City Press.
I'm not going to be able to do this here.
Hold on.
Inner City Press.
Yes, yes.
Let's see.
Okay, so we're not going to get that.
So we don't know.
It'll be tough to follow the Sussman trial in real time.
Let's just see if we can do this.
Sussman, it doesn't have two N's.
It has one N. News.
Yeah, we're not going to see this as much live-streamed or live-followed as Amber Heard, unfortunately.
Let's try this here.
This be Viva Frye.
So the Sussman trial starts.
We'll see what's going on, who's live-streaming it.
This is some of the fun stuff on TikTok.
I don't care what you think about this trial, and I hate TikTok as a platform.
But some of the humor that they've pulled out of this trial is amazing.
Here we go.
Here we go.
Swimming out at sea.
Yo, Amber, take the mic.
My dog stepped on a beat.
My arms are getting tired from swimming out at sea.
Okay.
Oh, fantastic stuff.
Okay, hold on.
Let's just go see what's going on in the chat because I think we're not going to...
Some chat that I can't bring up.
Some chat that I can't bring up.
So Sussman is on trial, by the way, because it's becoming now abundantly clear that he lied.
We're talking about people having made materially false statements in the context of an investigation.
Sussman is going to be one of those men.
And we talked about it last night because we do talk about the important stuff.
Sussman just had to pull a Kleinsmith.
Apologize, admit he made a mistake, and you know...
Could have probably saved a lot of heartache.
Refuses to, and going to trial now.
The question is, what's going to come out during this trial?
It will probably get less coverage than the Ghislaine Maxwell trial.
Probably because it's going to be a whole heck of a lot more damning for some big, potentially some big players.
I mean, I shouldn't say that.
Ghislaine Maxwell was an interesting trial in what it disclosed and what it redacted.
But Sussman...
People still believe in the Russiagate hoax, the Russiagate collusion that MSM, Rachel Maddow, Brian Stetler spent three and a half years harping on.
People still believe it because you cannot unlearn that memory.
And the people who were convinced by that are not going to be watching or following the Sussman trial.
So that's it.
But the Sussman trial should be very, very interesting.
Yeah.
This was when I was cranky on a Saturday.
I was cranky on a Saturday and don't think that the press and the press sec should be cozy, cozy like this.
And Peter Doocy, end of an era in the Brady briefing room.
Good luck, Jen Psaki.
I don't know what era that would be the end of, but when you get the impression that the people who are supposed to be giving people an honestly hard time are too cozy-cozy with the government that they're supposed to be scrutinizing, you then begin to retroactively or retrospectively look back at all their coverage and say, maybe they were always too cozy-cozy and maybe it was, you know, like George Carlin said, part of a big club and you're not in it.
But I was cranky Saturday morning, as I was into Sunday.
And so maybe that affected a little bit of how I viewed that post.
Okay, let's go to the chat and just take some random questions while we wait for trial to resume.
I didn't realize Ducey was quite as tall as he is.
I don't care about the tallness, but end of an era.
It's the end of an era of press secretary lying to you.
Hold on.
Hold on.
I think we can get there.
It's the end of an era.
Let's get to the press secretary saying what parents should be doing if they don't have baby formula.
Let's see.
Oh, I don't want to sign up to Twitter, nor should anybody.
Where was it?
Press secretary saying...
Here we go.
We would certainly encourage any parent who has concerns about their child's health or well-being to call their doctor or pediatrician.
We would certainly encourage people who have any questions about Feeding their newborn baby to contact their doctor.
Yeah, it's an end of an era, all right.
And now I feel extra, extra comforted by the scrutiny that Peter Doocy's journalizing on PressSec Jensaki, the end of an era.
The end of an era of...
The most dishonest...
I would like to go back now and look at all of Trump's press secretaries and see if I would be just as irritated with their unwillingness to answer questions, roundabout answers, circling back questions.
I'd be interested in going to see how I would reassess that.
Because I don't know.
I've watched Jen Psaki under Biden, and my question is, they are...
Spokespeople for the government, their press secretaries, doesn't necessarily mean that they should be pathological liars.
Maybe it's biased, but that's what I got the impression of watching Jen Psaki.
I just feel that she's an absolute pathological liar for the mouthpiece pathological liar for a government that now your kid doesn't have a formula to drink, to eat.
For nourishment, go talk to your doctor.
As if the doctor is going to say, oh yeah, I'm your black market dealer of formula.
Let me see what this says here.
So the doctors will feed your children if you need and you have done the do.
In the job description.
I don't think he was being sarcastic.
That was another question.
I don't think Peter Doocy would take a chummy, chummy photo with arm-in-arm with Jen Psaki only to be that level of a sarcastic jerk on Twitter afterwards.
I don't think so.
So, by the way, not a doctor here.
Not a doctor, but this is an important thing.
I'm going to pull up articles about this.
What's wrong with regular milk?
Babies need nutrients.
They need formula.
Homemade formula.
There are issues of people making homemade formula.
Do I want to...
I cannot go to PolitiFact.
Here, let's just go to K5 here.
People are making their own...
I mean, this is a sign of the Times and a sign of the absolute decrepit state of the government that people...
Are facing a shortage and making homemade formula.
No thanks.
And I'm going to close this.
This is not medical or legal advice, people.
And it is worth knowing.
And it's worth knowing because baby formula shortage, Washington officials urge parents to avoid dangerous homemade recipes.
As prices skyrocket across the nation, WSDOH wants parents to avoid resorting to homemade alternatives for baby formula.
Editor's note, the above video aired on May 9 and is related to the challenges a local food bank is facing during the national formula shortage.
I don't want anyone thinking I'm getting these ads for...
My toenails do not look like that.
As parents around the nation scramble to grapple with a shortage of baby formula products in the U.S., state officials are urging families to avoid resorting to homemade alternatives.
Washington's State Department of Health, that's what the WSDOH stands for, shared a social media post earlier this week warning of dangerous homemade formula.
Out-of-stock rates have surged for formula in recent months, with Washington among a number of states experiencing a higher than 40% in April.
By the way, who disproportionately suffers from all of this absolute government incompetence while the government finds $40 billion to fund and finance foreign wars?
Who disproportionately and disparately gets impacted by this crisis?
Inner city, big city, the people who don't have the money to go out and drive around, find formula in other areas, pay however much more for it, buy it online.
It affects disproportionately the most vulnerable.
In February, March, April, May, three months ago, the FDA announced the recall of Similac Alimentum.
and Elecare powder infant formulas produced in Sturgis, Michigan.
The FDA said it's investigating consumer complaints of bacterial infections in four infants who consumed powder infant formula produced in Abbott Nutrition's facility in The recall has made an impact on local food banks, which are struggling to keep up with increased demands for formula amid higher prices.
The biggest items we distribute, distribute.
Through this program are diapers and formula.
White Center Food Bank Executive Director Carmen Smith told King's Kaylee Greenberg last week.
The White House launched a webpage Friday with a summary of resources to help families find formula, including manufacturer hotlines and local community resources.
I've got an idea.
You got $40 billion for a war.
How about you just divert 2% of that?
Just $2 billion.
Sorry, it'll be $1 billion.
How about just $1 billion to go to that factory and fix whatever problem you know has existed for three months?
How about just that?
No.
We put up a website.
You can call the hotlines and be put on hold.
Call your doctor.
The doctor's advice is going to be, yeah, babies need to eat.
Do you have any?
No, we don't have any.
But my medical advice is babies need to eat.
President Biden also had manufacturers this week.
This week.
Let me just bring it up here.
In February, the FDA announced a recall.
But this week, Biden finally got around to it.
Met with manufacturers this week to learn how they could increase production and how his administration could help.
I don't want to pull a Scott Adams loser think, which is, why didn't you do this three months ago?
But I will.
Because it's never too late to do the right thing, but you're still going to have to explain why it took you three months.
To start looking into the problem that you now knew existed as of at least February?
WSDOH also shared social media posts on Friday explaining the importance of talking to a healthcare provider before switching an infant over to a new formula.
Yeah, that's a luxury that a lot of people are probably not going to have right now.
Washington Department of Health.
Running low on infant formula?
It's important to talk...
To your baby's healthcare provider when switching to a new formula.
Most babies adjust quickly, but it could take a week or two to get used to new formula.
Reach out to your local WIC for support!
So anyways, that's it.
I don't do the homemade stuff even for the dog's raw beef diet.
But this is a reality that people are facing right now.
It's, it's, it's, it's, It's incomprehensible.
It's incomprehensible.
The degree...
Oh, sorry.
So that's what's wrong with regular milk.
It doesn't have the nutrients.
Sorry, that chat's been up for a very long time.
Regular milk doesn't have the nutrients.
You can't exactly go and make your homemade formula, which may or not contain the required nutrients.
Not every mother can breastfeed.
Not every mother that can breastfeed has a baby that latched on properly.
There are plenty of reasons for which even lactating mothers are going to be unable to feed their babies.
And it's going to be a big problem.
I mean, it's already a big problem.
Oh, dude, we got Runkle of the Bailey in the house, not knowing how long he's got.
Runkle!
Yeah, so I'm here at the trial.
It's a little crazy.
The line almost turned into some chaos today because they didn't want people lining up before 1am, so they had to move the lineup.
The people who had already lined up were really upset that they might have lost their spot.
So that was excitement.
But back it up one step.
You were in line last night.
Yes, we got there.
Basically, Rob and I, he's law and lumber.
We were going and we just thought we'd do a little drive by just to see if anyone had lined up yet.
And when we got there, the line was huge.
So I was like, I need to be in this line.
You need to park and then get in this line.
We need to be here.
So we were in the line at about 9.15, and about 10.30, the number 100 person showed up.
I've got to back you up even more, because I take for granted everybody watching knows who you are.
Who are you?
I mean, I know you're from Canada, so you're going to have to explain how you got from Canada to Virginia, but who are you for those who don't know?
So I'm online as Runkle of the Bailey.
I do Canadian criminal law and firearms law.
And I just happened to be going to a shooting competition in West Virginia.
And I thought, I can pop in on this trial.
Because the one missing piece on all of this was that we were watching the video footage, but we couldn't tell what the jurors were thinking.
And that's what I really wanted to sort of fill in the blanks on.
And I can tell you, I...
You know, I can't say that there's going to be a decisive victory because it's a very difficult legal battle in terms of the legal test, but I don't think Team Hurd is making much headway with those jurors.
There's a little bit of bad information that's sort of been reported in terms of the juror composition, but there's moments, if you were watching when you saw that sort of teary moment just before they went for break, One juror had literally bent over forwards and was resting his head on the chair in front of him.
Which, if you've ever run a jury trial, if this is your big emotional moment, the last thing you want is a juror who basically just wants to either sleep or die.
And I'm not sure which he wanted more.
He just was like, I'm not interested in this.
He's not leaning over crying because he's so emotionally impacted by her testimony.
No, he was just bored.
You could see boredom on people's faces.
Another juror was sort of bouncing in place to just keep entertained.
There was a moment where she was...
If you remember, they were doing a little sort of quick run-through of the video, or of the audio clips, to try to repair those bad audio clips.
You know, the ones where she says that she hit him, for instance.
And so right after she says, oh, well, I didn't, you know, I didn't punch you, I hit you.
And she's trying to explain that as, oh, well, I'm differentiating about how he punches me.
One juror sort of did a, like, are you freaking kidding me?
Kind of, you know, head roll.
So I don't think she's doing so well on all of this.
Now, I can't say for certain there's a few jurors who are really hard to read, especially because some of them are wearing COVID masks, and that hides a bit of their facial expressions.
So if all you've got are just the eyes to see, it's a little more challenging.
But it's the ones that you can make out.
There's another woman who's in the front row who's been pretty inscrutable.
I don't think she's buying it, but I can't tell for certain.
There's a guy in the front row who is a much older, I think in his 60s guy, and he just, I don't think he's fond of Amber Heard at all.
He looks, whenever she starts talking, he kind of wrinkles his nose, and he's shot Elaine, the counsel for Amber Heard, glares at points.
So I think he's really not on board.
So I feel like...
I mean, the question will be whether they, you know, whether they think that that's enough to overcome the very difficult legal test here.
But I feel that I understand where things are going.
And the big concern I had was maybe the jurors were really nodding along with Amber Heard's, you know, sob stories and so forth.
And I didn't see any of that.
There was nobody.
Sorry, go ahead.
There was a moment where someone on the jury needed a tissue.
I'm pretty certain that that was not a wiping their eyes moment.
That was somebody having allergies.
I didn't have a perfect view.
I was partially obstructed between me and that person.
But it came during a moment where they were showing pictures of the apartment, which is not super emotional.
That guy was wearing a mask, so I actually saw him move the mask when the tissue came up.
I couldn't see what he was doing with it, but...
You wouldn't really move the mask to wipe your eyes.
That's a wiping your nose kind of thing.
So I think it's allergies.
That's my brain in that moment.
And now I've got to know this process.
So you show up last night.
By my count, it was 10 o 'clock or 11 o 'clock.
9.15, we got in line.
And by 10.30, the person who was going to get the last wristband had showed up.
So 10.30 was basically the cutoff.
And I expect tomorrow it'll probably be even earlier.
And then you just wait for a long time.
And then finally, they did a little thing where they reshuffled the line and that caused, as I mentioned, some tension.
But at the end of it, you go up, you get a wristband, they check your ID, they give you a wristband.
The wristband actually is matched to your ID.
And they can demand to confirm your identity at any given point.
And it's also got a whole bunch of anti-tamper features.
So you can't take those wristbands off and pass them on to someone else.
Did you go back to your hotel last night or you didn't spend the night in the line?
I spent the night in the line.
Shut up!
Yep.
You can't really leave.
Oh my...
Is anyone pitching tents?
Is anyone lying on the ground?
I didn't see tents.
There were sleeping bags.
And the really challenging thing is going to be how to do this tomorrow.
Because at the end of today, I'm going to go do some live streaming.
But we probably have to be back in line for like 8.39.
And that doesn't leave a whole lot of getting sleep time in there.
So I'm already kind of...
Struggling to stay awake.
Sometimes the only way to stay focused is to just really laser in on the jurors.
But I don't really have a plan right now for how I'm going to make that work, but I'm going to try.
I'm probably going to have to bring some people and do sleeping in shifts on the lineup, which will be exciting.
It's like a rock show.
You cannot leave the line until the event starts in the morning.
Yep.
If you can sleep, all the better.
Because, you know, it's 100 people who get to have a wristband that lets you into the courtroom, which is the one that I need, because otherwise, if I can't see the jurors, what's the point?
There's another 50 for overflow seating, and the overflow seating is basically you're sitting in another courtroom, but you're just watching the same feed everyone else is on the monitors.
Which is not spectacular from my perspective because I could do that from home and just watch whatever.
But if you're in line and you're number 80, well, there's probably another 100 people behind you who are wanting your spot.
So if you're going to get up and get moving, you're going to have a hard time convincing people that you should be let back into your old spot.
It's exciting.
This is a nightmare.
I'll tell you one thing.
I would not do this.
I would not do what you did to get in line.
Full stop, period.
I'd have to pee in a bucket.
I don't do well without sleeping.
I don't like staying up all night.
When you've got somebody else there to backstop you, you can leave the line if you've got somebody who can say, yes, he was right there.
To go and there's a bathroom that's accessible.
So that's nice.
Because otherwise that lineup would have actually been a major public health issue because lots of people needing to go and I don't know where they'd have gone if there wasn't a bathroom available.
People are asking if it was cold last night.
It wasn't too bad.
I was shivering a little bit at one point, but it wasn't...
I mean, I'm Canadian, so...
I was shivering at one point last night.
That's already too much.
So you get in line.
You've been in line all night.
You've probably slept nothing.
You're in court now all day.
One question about the line.
There was a scandal about two pushers who pushed their way into line, from what I heard.
Yes.
So when they did the whole line shift thing, basically they'd actually...
Somebody had been really smart in the lineup and had gone and numbered everybody who was already there.
And once we were all numbered, it was like, okay, cool.
We've got our place, right?
If you get up and go to the bathroom, then you can come back and be like, hey, I've got space number 80. And it's kind of...
I don't know if you can still see it.
I'm sharing my pee habits.
No, I can see it now.
And by the way, we saw this.
I think it's on your Twitter feed as well.
I've pinned your channel so people can go to your channel after.
Awesome.
But there were a couple of people who just kind of wedged their way in.
And, you know, when the line got reshuffled and they were being, you know, fairly entitled about the notion that they got to do that.
And so this was creating some tension with the people who were otherwise going to get bumped.
And as well, the people who just felt that that was infringing their sense of fairness.
So that has resulted in a Twitter hashtag of, you know, that is, and there's now like tons of memes mocking these people.
So I kind of feel like it might not have been worth it for them.
I don't even know if they actually got the wristband either.
They certainly got mocked on social media.
I don't like it because it can actually cross a line pretty quickly, even through the standard mockery.
But when you say the line got reshuffled, what does that mean and how and why?
So they didn't want people lining up before 1am, but of course people were lining up before 1am.
And from what I understand, at like 1230, they do prisoner releases for people they can't hold anymore overnight.
So they wanted it to be clear so that the prisoners could go through without having to walk through this big morass of, you know, people there to see the show.
So they wanted people cleared out and out of the way.
And when that happened, they said, no, we're not preserving your space in line.
That's up to you guys to figure out.
We're just going to do a lineup walk.
And everyone who is screwed by that is screwed.
And that resulted in some very unhappy people.
Thankfully, the numbering system actually resulted in a lot of people behaving very honorably because most people at the end of it, we sort of got to the lineup and we looked at our numbers and said, okay, you got a lower number than I do.
Go ahead.
It was only just a couple of people who were like, nah, we're not doing that.
And, of course, they were doing that because they don't have a number that is under 100, and they wanted to get to a spot where they'd actually be in the thing.
So, yeah.
Social order breaks down when you have people who are unwilling to play nicely.
Well, that's it.
Limited resources, and everyone's vying for the same resource right now, which is 100.
You get in.
Now, you go into the courthouse.
There's, I presume, security, a show ID.
They check through a metal detector.
Yeah, you got to go through a metal detector.
What does the courtroom look like in terms of where the jury is situated, obviously, to the right of Amber or whoever's testifying?
From my seat, so looking forward, the jury's off to the left.
So we'll be off to Amber's right.
She's immediately next to the jury.
So they're close.
They get a good view of her.
The judge is, of course, on the other side of her.
And then there's counsel who are in front.
From where we're sitting, it's kind of difficult to pick out or to get a really good view of Amber or Johnny, but that's not really who we're there to look at, because ultimately the best view of those people is via the court feeds.
But you can pick up a little bit more tone, and you can also, for instance, watch the judge's expression sometimes when you see some of these back-and-forth exchanges.
Well, so people ask, like, the judge is sustaining a ton of objections.
Whether or not it's normal, I don't think it's normal.
But is the judge clearly not partial to Johnny Depp, but clearly trying to send a message to Elaine, who insists on asking leading and inappropriate questions?
Elaine keeps asking bad questions, and she keeps being unable to fix them, in part because Amber doesn't seem to be playing ball.
So you'll get these moments where there's an objection, and then Elaine tries to fix it, and Amber actually leans into the objection.
You know, so, you know, objection, hearsay, and then it's like, oh, well, how do you know this?
Oh, well, because somebody told me.
Objection, hearsay.
Okay, right, that's, you know, and it's...
So there does seem to be some interesting tension there.
I think Amber's getting a little frustrated at how many objections are landing.
And I think Elaine is getting a little frustrated because she's having a lot of trouble getting this information out of her witness.
And ultimately, it's going to be interesting because if Amber can't keep her temper through her own direct, that does not look good.
She's melting.
I've called it.
How does the...
Who do we got there?
Is that Law& Lumber?
That is Law& Lumber.
How you doing, sir?
How's it going, buddy?
Oh, God.
Well, I'm fascinated by this.
Someone in the chat asked, did anyone give up their spots for hundreds of dollars?
Is anyone selling their spots?
We didn't see anybody actually sell a spot, but there was an offer of, yeah, 500 bucks per spot, and they wanted two spots, so they were ready to drop a grand on that.
That's not enough.
I would not have given that up.
How does the jury look?
We know the breakdown.
Is it eight males, four females?
Six and three, I think.
It's a nine-person jury?
I think there's nine people there, but only nine remaining, and then only seven are going to make it onto the jury, I believe.
Oh, really?
Okay.
So of the nine, six and three?
Yeah, it's a very young jury, and also I think three of them are Asian, so it's skewed in that fashion as well.
And the Asian are one male, two female?
I just have to check.
I think it's one female, two male.
I've got to pop off here and let you go because I need to eat something.
I can keep you the entire time, but that's fascinating.
Okay, amazing.
Thank you for doing what everyone needs to be done.
And thank Law& Lumber as well.
Absolutely.
I'll pass that on.
Enjoy the adventure.
Cheers.
Bye.
And that's not something I would ever do myself.
I would never do that.
And it's not...
I cannot pull all-nighters.
I feel very bad the next day.
And even...
I didn't pull an all-nighter Saturday night.
What day is it today?
Yes, Monday.
I didn't pull an all-nighter Saturday night.
I just slept incredibly badly.
I'm an old man.
But, man, so they had to sit in line all night to get in.
And according to Ian people, Ian Runkle, Runkle of the Bailey, he's very much into firearm law in Canada.
And apparently, I didn't know that he was in Virginia for a shooting competition.
And then says, maybe I'll just mosey on over to the trial.
Do an all-nighter.
Get it?
My goodness.
He's going to be on another planet in terms of fatigue and exhaustion.
I was following it on Twitter because the interwebs law group was talking about this.
I didn't realize what was going on.
I saw a picture of Ian in line at night.
I thought, okay, maybe they're going to go get their seats and then they come back tomorrow morning.
Holy crab apples, they had to spend the night.
And he got a good seat.
So he's looking at the jury.
I'm 42 until next Monday.
Then I'm 43. In the prime of my life.
Okay.
Runkle...
Oh, let me see something here.
The hairs are...
I think I might have to trim the beard down a little bit.
It's getting a little too annoying.
Runkle's there and he says the jury does not look like they're following along, so to speak.
So, you can assess Runkle's assessment as you will.
Maybe Runkle is biased.
Maybe Runkle came in on Team Johnny.
Well, I may not be young, but one thing is for certain.
I'm as young as I'm ever going to be at this particular moment in time.
I will never be younger than I am right now, or now, or now.
Ian does not seem to think...
Ian does not seem to think the jury's having it.
So let's dispel one myth.
The Kleenex box was not a sobbing jury member.
It looked like allergies.
At the very least, it wasn't a jury member wiping up the vomit that they regurgitated in their mouth listening to some of this.
But at the very least, according to Ian, who's now seen the jury, and it's amazing, that's the million-dollar shot that you need to know.
Says they're not into it, from what he says.
One jury member, you know, like when you go to church or synagogue or a wedding and it's like taking a little bit too much time and you lean your head on the pew in front of you.
He seems to think one of the jury members, at a time where they should have been emotionally invested if they were ever going to be, looked bored.
Other one, he said, rolling their eyes at some point in time.
So that's it.
Someone asked a question here.
I don't even want to bring it up.
Can you please ask?
Oh, the viewers in the gallery.
I thought, Tracy, I thought you meant, can I ask my viewers about their status?
It is something I would never do.
I'll message.
You know what, people?
I'll take some screenshots.
I'm going to flag some questions.
And I will message Ian.
And if he can get back to me, he'll get back to me.
And then I can relay the answers.
Ian, I had Ian on the channel a while back.
I have not been on his channel, I don't think.
But I know we've discoursed on the interwebs multiple times.
And I've actually even asked him private questions, given the nature of his practice.
Okay, sorry.
That was not the one.
This was a super chat from a while back.
How about going to the border and getting some of that stockpiled formula?
There have been reports.
I've seen the reports.
Things that I'm not able to...
Independently verify, and I don't want to get caught up retweeting news that might turn out not to be entirely accurate.
Oh yeah, and there we go.
And Young Jury, time to make TikToks, everybody.
Young Jury, they are in Virginia.
And for whatever the breakdown is worth, three Asian jurors, they said two women, three women and six men.
And only seven are going to make it.
How many jurors do you need to have a full jury for a trial?
I thought the expression was better judged by 12 than carried by 6, but if they're down to 9, and only 7 are actually going to make it to judgment, I don't know the rules in Virginia, people, and I don't know...
Oh, so it's 12, but Ian said that there were 9, and...
And you need seven for a...
Okay.
I'll ask someone who knows Virginia law more than me.
My wife is asking if she needs to pick up the kids.
If possible.
And Eric Hunley messaged me.
Who else do we got here?
Best friend says...
The people following this trial...
I think a lot of people...
The people who are following it...
Varies by state.
And someone said, why in Virginia?
I don't know.
Why in Virginia?
Why would they file in Virginia?
I don't know.
I know that some of the other people who've been following this trial a little closer would know that answer.
Principal pondering.
Were Johnny and Amber disallowed to pay attention to social media or just the jury?
Amber for certain, because she's currently under oath.
Amber for certain is not supposed to be checking Social media or anything about...
Amber, for sure, I believe, is not supposed to discuss or view anything about the trial, but it's inconceivable.
The jury, yes, but they're not sequestered.
And Johnny, I don't think there's any reason why Johnny can't follow the news right now.
He's already testified and he's not under oath.
So if I got that wrong, someone correct me, but I don't think that that's wrong.
I think when Amber is no longer under oath, when she's done testifying...
She can follow social media as much as she wants.
It's jury members and it's witnesses while they're testifying.
So we got WAPO is headquartered in Virginia.
That is where the defamation took place.
Okay.
It's interesting still because defamation can occur wherever the news is published.
So he could have picked another jurisdiction or another venue, I think, if they wanted to.
Jury of seven plus two alternates per law and lumber who practices in Virginia.
Okay.
And law and lumber.
As an up-and-coming new name in the LawTube verse, he does law and he does lumber.
One of his first videos that I saw was him breaking down how he doesn't think the bed frame could have cracked in the manner in which it cracked based on the testimony of Amber Heard.
I don't know.
There's a lot of funny things happening with this chat right now.
With that super chat.
Where and when was the TRO issued?
Let me go see if we can't find that.
Johnny Depp TRO.
It was May of 2016.
I remember.
Let me see here.
Yeah, so here we go.
Johnny Depp was the people in 2016.
It was 2016.
It's actually amazing just to go and see some of the news that's covering this right now.
If I go to...
Let me just share this and see if I can bring up...
Share...
Excuse me, I just gagged on my own uvula.
When we go live again, I'm going to run to go pee-pee and to get a Red Bull.
Because I have a Red Bull in the fridge, which I've been meaning to taste.
It's a new flavor.
It's peach.
And watermelon.
Or something ridiculous.
It was at a gas station.
That's all I could find.
Here we go.
Johnny Depp was confused when Amber Heard asked to meet with him in 2016 despite restraining order.
Just make sure we're looking at the same thing, which we are.
There's no news on Pat King for the chat that I just saw.
There's no news that I know of.
I'll Google it right after this.
Johnny Depp was confused when Amber Heard asked to meet with him in 2016 despite restraining order.
At the July 2016 meeting.
With Amber Heard, months after she filed for a domestic violence restraining order, Johnny Depp said he threatened to cut himself because he couldn't take it anymore.
Johnny Depp recounted how Amber Heard wanted to meet with him in San Francisco months after filing a domestic violence restraining order against him and filing for divorce.
Depp, 58, finishes testimony on Monday by telling the Fairfax, Virginia courtroom...
About how he wanted out of his marriage to herd in a peaceful exit for both parties.
The actor had been on the stand.
Yeah, yeah, yada, yada, yada.
So, yeah, here.
She filed for divorce in May.
And then she got the domestic violence.
So when was that first...
Oh, boy.
You know what?
I know when something doesn't add up.
The cross-examination had better be putting their timeline together.
Because it doesn't make sense.
It's funny, in the recording, speaking about the July 2016 audio clip played in court in which Depp threatened to cut himself, not threatened to hurt her, threatened to hurt himself.
As Heard begged for him to stop, Depp said Heard wanted to meet with him despite the restraining order she had against him.
We went to a hotel room so we could finish the discussion that she wanted to have with me.
He was in the city touring with his band at the time.
I'd love to watch Johnny Depp play live.
I was quite confused as to why she would summon me.
Anyhow, so that's it.
We saw that testimony.
I'm going to close this down.
Go back here.
She violated her own request.
Let's see.
Stephen Britton says, Viva and I are...
Okay.
I don't know what was going on there.
I didn't know that.
Red Bull, everything's a commie operation these days.
TikTok's a commie.
I know Red Bull is probably one of my few dietary vices.
Here we go.
Oh, and Virginia doesn't have anti-slap.
Okay, there we go.
Wait, let's see this.
And Virginia doesn't have anti-slap.
As Virginia doesn't have these anti-slap laws, his lawsuit was more likely to go to trial in the state.
That's a very good reason.
That would be definitive, determinative.
I can deal with it.
It was a typo.
Okay, it doesn't matter.
So, Runkle of the Bailey.
Law and Lumber are there in person, and it's got to be one heck of an experience.
Maybe I could do it for one day.
Certainly not for more than one day.
But yeah, so she got her temporary restraining order.
Okay.
It doesn't matter.
I should not pull up random comments in the chat without knowing the context in which those chats were made.
Please stop pushing the distraction.
I'm going to stop responding to these afterwards because if people find this a distraction, there's other stuff that you can go watch other stuff.
Also, I don't think talking about the unserious...
I go exercise.
I go biking.
I watch The Simpsons.
It doesn't have to be 24-7.
And even if it is a distraction, sometimes a distraction is actually a good thing.
I happen to think there's merit to this.
We're learning about good and bad law, and we're learning about the legal process itself.
We also talk about all of the important stuff, as Robert Burns and I did for two straight hours last night.
There's time for distractions.
It's not always bad.
So I'm going to stop responding to those comments because they don't irritate me, but I think they're...
Anything that someone's not interested in is a distraction to them.
People are going to learn about law from this.
And it's unifying.
This is the odd thing.
This is unifying in a way that this can actually unify, educate, and get people to maybe stop talking about the stuff that fundamentally divides.
But it's not a distraction in that I'm still talking about the baby formula shortage.
And I'm still talking about...
The war in Ukraine and $40 billion in funding.
And what's going to happen there when you have people recognizing now $40 billion in funding to a foreign war with no accountability?
You could easily imagine some problems with that.
I'm going to go back, bring this up just so I know when it goes live again.
They've been pretty good on the timing.
So yeah, even if it is a distraction, there's enough time in the day.
You can make time for distractions regardless.
Whatever.
The days are long.
There's lots of time to do what you want to do.
And lots of time to do things which, you know, might not be the most important things in the world, but they're still important nonetheless.
Viva, how did mothers feed their babies before formula?
Well, I suspect they had nurses.
They had wet nurses.
I don't know how long formula has been around for.
Hold on.
We're going to do this in real time.
When was baby formula invented?
I bet you formula in one form or another has been around for a very long time.
When was baby formula, people have been looking it up, invented?
1846.
So here's the interesting thing.
Let me stop the screen share.
So people have been asking the question.
I don't think it proves the point that people think it proves, but what did people do before baby formula was invented?
Well, first of all, it was invented in...
1846, by the looks of it.
By the looks of it, it's from Wikipedia, so take it for what it's worth, but we're going to take it because it's what we got.
Invented in 1846.
As early as 1846, scientists and nutritionists noted an increase in medical problems and infant mortality was associated with dry nursing.
In an attempt to improve the quality of manufactured baby foods in 1867, Justus von Liebig.
Developed the world's first commercial infant formula, Liebig's Soluble Food for Babies.
Now, the reality is, what did they do beforehand?
Infant mortality was probably exponentially higher before they came up with baby formulas.
So the fact that it didn't always exist doesn't necessarily prove the point that you might think it proved because before it existed, I bet infant mortality compared to what it is today was exponentially higher.
I don't know that for a fact, but let's just see infant mortality over time.
I bet it went down substantially.
That's only relatively recently.
Let's see how far we can go on this chart.
Doesn't seem that we can go back.
World.
Here we go.
Not sure we're going to be able to find the rate, but it looks like it's gone down.
Look, it's probably judicial knowledge that infant mortality has gone down exponentially over time, and certainly, I would imagine, with the advent of proper baby formula.
So, yeah, what did they do beforehand?
A lot of infant mortality, and probably a lot of wet nurses, and probably a lot of...
I mean, I see people with certain suggestions like...
Goat's milk.
I don't even want to be misconstrued as providing any form of medical or legal or election fortification advice.
So yeah, what did they do before?
They probably had a much rougher life before formula was invented.
And like I shared with my anecdote, we've had a baby.
We've had three kids.
The first one didn't latch properly and we had to substitute with baby formula.
Supplement.
Sorry, not substitute.
Because one thing I know from having been a parent, there is arguably no substitute for breast milk.
And so even if you supplement with formula, get as much breast milk in there as you can, because there's stuff in breast milk that cannot be replicated.
It's just, you know, the product of the divine.
It's clear Amber is trying to clarify her lies, so has been up on social media.
There's no...
Dude, there's...
Strictly no...
Oh, we're back.
We're back.
Strictly no question.
It is inconceivable, unfathomable, preposterous to think that Amber Heard is not following social media.
And I do say it's equally implausible, preposterous, outlandish to think that she has not talked indirectly or directly about her testimony with her counsel over the last week and a half.
And that's not to impugn the ethics of their attorneys.
It's just inconceivable.
So let's just see if we see Ian.
Do we see Ian Runkle in the crowd?
He says he should be towards the upper side behind Johnny Depp, behind the lady in blue.
Let's see if we can see.
Runkle is going to be easy to spot.
Maybe he's up in the back.
So the jury from where they are right now, that's Amber Heard in the front, bottom left of our screen.
The jury is to her right.
Runkle said that they were looking at the jury from the left.
Do we see Ian Runkle in the...
Oh, it would be really funny if we do.
Okay, chat.
You can see who says it.
Where?
Where?
Can't be hard to find.
His hair is relatively distinctive.
I know.
Oh, oh.
No.
Is she staring at JD?
Goat's milk is close to mother's milk.
I can tell you one thing.
I've tasted goat milk out of the boobie of a goat.
Not contact, but my brother-in-law who works on a farm squoze the milk out of a goat into my mouth.
And it was warm and sweet.
Okay.
Where is Ian Runkle if we see him?
White...
Oh, hold on a second.
Someone just said it right here.
White shirt behind the purple dude.
White shirt.
behind the purple dude.
I don't see it.
Are we on the left columns or the right columns, people?
Can you smell squoze?
Squeezy.
Miss Squeezy.
Okay.
I'm going to put my screen off for two and a half minutes.
I'm going to go listen to it while I run to the little boys' room.
How do I close camera like this?
Stop mic, camera.
Alright, thank you.
Seated.
Alright, your next question.
That was the wrong thing.
I'd like to move the admission of Defendants Exhibit 155.
That's not the right one.
Okay.
That's the...
I will be back.
I think it's there.
We had pictures.
All right.
Thank you.
155.
Okay.
Yes, ma 'am.
Thank you, Your Honor.
Michelle.
Can you bring up depth exhibit number 357B, as in boy, plaintiff's exhibit?
And it is a tape recording from June 2016.
The timestamps are 4:47 to 7:52.
Is that in evidence yet?
I'm going to move the admission of it.
Okay, so was that going to be for the whole 357 or is that 357A?
That's just B. I have that as B as in boy.
I think there was a portion.
Okay, 357B.
Any objection to 357B?
No, Your Honor.
All right, 357B in evidence.
you i can just tell you the basic class is like it was private for days after i filed you did not have to file that's not a move that one that other that the other party has to make okay it's just not okay and you get what you're a teacher and then within five minutes it was private in tnc you just need to mask yourself without any other thing and it's very clear okay and i i don't know No, I didn't know that.
And if that's the case, I'll acknowledge it.
And if you say you're approved, then I'll acknowledge it.
Look, it doesn't shock me.
Any fucking attorney would do something like that.
It doesn't shock me.
But I'm telling you now, if they file the fucking papers tomorrow, which means the shit I gotta file before we go to court on Friday.
If they file those papers.
First of all, it's very bad for both of us, okay?
Well, you're trying to find a reason that they think it's bad for you.
No, what you're saying, you've got to do something to protect yourself, which means throwing me under the bus for some video about me beating up.
Not me.
I have to respond.
I mean, I don't have to go and pursue the...
No, I can pursue the whole course of action because here's what you don't understand.
If we do this, well, basically, we'll know.
I called my lawyers and I said, why aren't we negotiating?
What is going on?
And they're like, everything's on their court.
No, they won't settle.
Your agents, your lawyers won't settle, baby.
I'm telling you.
No, we want to mediate.
We even found mediators and everything.
That was all worked out.
The thing that Malaria didn't agree to was she did not want to agree to a mutual gag order.
And that's the problem, that she doesn't want the gag order.
Why, Johnny?
Why?
Why wouldn't she?
Why wouldn't she want both parties?
I couldn't find the Red Bull, so I've got Duble and Emergency.
Okay, I'll tell you what, Amber, let me get on that right now.
I'll fucking get on it right now.
And I'll get...
Message back to you somehow.
But I'll get on it right now.
I just want you to know I've not done anything and have not been doing any moves.
Look it up.
Nothing was on the office.
Everything's been a distinctive move because I've been called a liar and a gold digger.
And I'm not lying about any of this shit.
and I am not after a dime of your money.
Do you remember when you had this discussion with Mr. Dow?
Yes.
When was that?
I believe that was June of 2016.
So after the divorce, what we saw the restraining order.
And what if anything was going on with respect to a gag order at that point?
Objection calls for speculation.
I'm asking her.
I haven't overruled it.
I was trying to get Johnny to stop the smear campaign.
Objection, Your Honor.
Here's a different bottle that she's got in front of her now, a different shape bottle, and it's back to full again.
Johnny told me that he would ruin me, that no one would ever touch me.
Sorry, isn't this actually what is on recording of her saying to him?
She would ruin him, no one would ever believe him?
That I'd be selling depends, is what he said.
And that he'd ruin my career.
That's what she said to him.
He refused to not engage with...
Up until that point, he refused to not engage with the press by leaking...
Objection, Your Honor.
Calls for speculation.
Hold on a second.
That recording said nothing of what she's saying right now.
This is what he was telling her.
She's the only one on record with recording saying that no one's going to believe him.
She's going to go to...
I was trying to, you know, get him to call the dogs off.
Call it off.
Because it was...
It was forcing me into a position where he was calling me a liar and he was forcing me to prove it.
And I knew that wasn't going to be good for him.
And I kept saying, don't make me prove it.
I don't want to.
But he was calling me a liar and having a really sophisticated, very, very well-paid, very sophisticated PR machine.
Sophisticated, well-paid PR machine.
Coming from the woman who fired her PR team when the trial wasn't going the way she thought it needed to be going.
Wow, this is pure, pure confession through projection.
Any objection?
No objection.
All right, 357C in evidence.
It's quite amazing.
She's literally saying the things that she is on.
You know what it would be?
It would be released through documented people coming on the record and having the protection to do so that haven't had yet.
It would be eyewitness statements.
It would be evidence, tons of this.
And it would be through years.
And it would be unbelievable.
unbelievable um to imagine that either i mean a secret fake club or b i've had um a secret what a secret fight club or that i have been plotting to do this for the you know for three years and while taking pictures of it and documenting it just saving it up for the right time when i'm not asking for any money and have nothing financial to gain from No one is going to believe that.
No one is going to believe that.
One of the two alternatives.
Either I'm going to fight or I've been going through hair and makeup or going through makeup through all these years where I have cooperating text messages between people that match those dates of those timestamps validated photos of either cooperating between people hearing us or cooperating of next day you know The
Do you understand the pictures I have, Matt, we've left text messages to my mom back and forth about it.
You know, and text messages, Wow.
It really does sound like this was a...
Thank you.
I don't know.
I'll let you know no more, you know?
And things like that.
It doesn't matter.
There is nothing there.
Nothing.
And all of that won't be me throwing you in the spot.
That will be evidence.
In this case, it will be criminal as well because I cannot go on signing and file It'll be criminal as well.
Who's...
Who's recording this?
This is Johnny recording based on the audio.
This is Johnny Depp recording this, correct?
I don't call my phone, but it fell in my head and it's hard to even accept any sort of victimdom ever.
Wow.
Yeah, please.
I was...
Who recorded this?
Was this Amber recording it?
Or Johnny Depp?
It sounded like...
Johnny was live.
Make me prove what I've had to sit on the stand in front of all of you and prove and talk about.
I was begging not to do this.
Not to sit where I'm sitting today.
I didn't want this.
I don't want to be here.
I didn't want to be there then.
And I was trying to point out something to somebody who I thought did not have a firm grasp on reality.
Objection calls for speculation.
Then I'd let her talk.
I was trying to point out how absurd how absurd it would be for him to keep making me prove this by calling me a liar.
I was trying to get him to not call me a liar because everything that I had said to date and everything I've said to date now is the truth.
And I was begging him not to make me prove it, that there were photos, that there were witnesses, that there was my testimony.
There were years of me with injuries on the dates when we were fighting, and they were documented.
I mean, pictures from 2012.
They were documented.
So I was trying to say to him, either, you'd suppose that people would rather believe this is a hoax?
Elaborate.
Well-orchestrated, year-long campaign.
For what?
Or that...
What?
It just seemed crazy.
And I thought no one was advising him in his best interest.
I thought no one was telling him the truth.
I know I was surrounded by yes-men, and I thought nobody was saying to Johnny, this is crazy, don't do this.
And I didn't want to hurt him.
I didn't want to hurt him.
I loved him.
I loved him.
That's why I'm explaining to him why I didn't file criminal charges.
I didn't file a police report even though it was being used against me.
But she got a DVTRO.
Hurt Johnny.
I don't want this to hurt Johnny.
This is interesting.
I know in a book...
I know in one of the body language or behavior books I read, and one of the tactics as to how you might suspect someone's being deceitful, where you ask them the question, you say, if your brother had done this, what should be done to your brother?
How much should I punish your brother?
And the person who actually did it was going to go easy on it.
Baby, I didn't call you those things.
I didn't call you those things.
I'm going to go on now to, can we go to Plaintiff's Exhibit 357E, and this is 21 colon 47 to 22 colon 37. I'm going to move the admission, Your Honor.
Any objection?
no justice I think you lost your own finger.
I, I am not trying to attack you here.
I'm just trying to point out the fact of why I said call 911.
Because I was, you had your hands on me after putting the phone at my plate and I just got crazy in the past and I truly thought, I need to stop this madness before I did it.
And I never think about myself that way.
I never defend myself that way.
I never see myself as a victim.
It's your fault, you know?
All right, yeah.
And I, when they came, I did not cooperate.
What are you referring to there?
This side.
I don't want to call myself a victim.
I don't like to think of myself as a victim.
And I don't want him to think I'm attacking him or blaming him.
I'm pointing out I didn't cooperate with the police.
I didn't want to get him in trouble.
But I didn't want to hurt him.
I don't want anything from him.
Just don't call me a liar.
It's all I said.
Just don't call me a liar.
Just don't say this isn't real.
Because I'm the walking proof.
Oh, this is going to upset people who do not believe that she's an actual victim.
Bring up plaintiff's exhibit, Depp exhibit 357F as in Frank, 24,04 to 24,48.
There.
What about mine?
What about mine?
They keep taking, they keep taking, that's what keeps, I'm trying to say you literally in words.
I'm out of my mouth that's what I'm trying to say to you.
Every step of the way I have said to them, the thing is they're hurting Johnny by this because every time that they call me a liar or the people should not say to you, She just did that very same thing again.
She knows that she's recording and Johnny does not know that she's recording.
Oh, I would love to be looking at the jury right now.
Even though Johnny told me that his guards would say whatever he needed them to say, that they were the same guards who had told me that I would lose my life this way.
All right.
It came in through the tape, so that's all right.
We're fine.
Let's go, Michelle.
If we could approach, please.
I'm sorry.
I can agree right now that to the extent I believe she's not telling the truth, this is very unbelievable for me.
But she's recording these conversations with Johnny.
He doesn't know that he's being recorded and this is the worst of the most incriminating stuff that Johnny has not said.
What about my...
What did he say?
Honor?
Integrity?
Integrity?
This is a good point.
Brenda Shingledecker, she was the one writing op-eds impugning Johnny publicly.
Oh, move the admission.
I'm sorry.
Any objection?
Actually, I don't know exactly at this particular time.
She's the one who wrote the op-ed for the...
You're going to have to say they didn't see it in front of me and other people that are heard of.
You're going to have to do this under oath too, you know.
I will.
Because I, because the unfortunate part is, I can talk about all of this.
Do you believe all this?
Do you believe all this?
Oh, yeah.
Go fuck it again.
Yeah.
You believe, you believe I'm going to.
abuser.
You believe I'm an abuser.
May and December and April.
This is self-serving rubbish.
What are you referring to with the May, December and April?
Just listing some of the times in which he beat me up and that he knew about.
What?
That he'd be met and that he knew about.
Would there have ever been an example where he did something that he wouldn't know about?
This is self-serving evidence that she's created herself.
What if any intent did you have to reconcile with Mr. Depp at the time of the mediation?
I wanted there to be no animosity.
I wanted to minimize animosity.
I wanted to reconcile in that way.
I didn't want to get back together with him, if that makes sense.
Can you just briefly describe what transpired during the July mediation?
I...
I think it's worse than proves nothing.
It proves that she's out there trying to get recordings of her putting the words into Johnny's mouth and he doesn't bite.
Even though he doesn't know that he's being recorded.
The pounding me, the, you know, leaking fake...
Objection, Your Honor, non-responsive.
All right.
I'll sustain the objection.
Please explain.
What I was meeting with him about is because he had, you know, put these things out in the media.
It seemed like...
Objection, Your Honor.
Call for speculation, lack of foundation.
All right.
Did Mr. Depp discuss with you that he was putting these out in the media?
Moving on.
Objection leading.
Overruled, I'll allow it.
Yes.
Okay.
Please explain.
He told me he would tell his team to back off effectively if I agreed to do certain things.
She's describing right now exactly what she asked him.
Back off if you agree.
Drop charges or some version of that.
He wanted me to get back together with him and go on tour with him in the tour bus.
He wanted me to do certain things that I thought were...
Impossible, and that would definitely go against all of, you know, everything that I stood for and had earned in getting my TRO, getting my restraining order and moving on.
But I had to break the TRO in order to beg him to stop the machine, the press machine, because I was...
A feeling like I couldn't live my life.
I was being dropped from commercial opportunities.
People were turning on me.
A campaign I shot dropped me.
I mean, it was just, I had never been inundated with that much press.
Every single day, me and my family were, and every witness, anyone who even indirectly supported me got bombarded.
Objection.
Calls for speculation.
I'm just actually rereading the Washington Post op-ed.
Listen to what she says in the op-ed.
We heard Christian Carino testify earlier.
Can you describe to the jury what your relationship was with Christian Carino?
He was my commercial agent, meaning he handled things like campaigns for a short amount of time and then became Johnny's agent around the time of the divorce.
He was a kind of mutual friend at the time between Johnny and I. And so he helped us kind of negotiate or mediate a time where we could meet.
And my goal in that was to just beg Johnny to stop doing this.
She had come out in 2016 and 2018 with public statements and op-eds about this.
And now she's saying Johnny Depp was doing it against her.
None.
Now, you heard Mr. White testify that he engaged in negotiations with you during the settlement process of the divorce.
What, if any, discussions did you have with Mr. White?
None.
The first time I saw him was on the testimony screen in the UK during the UK trial.
I've never spoken to him.
So he didn't negotiate your settlement?
No, he did not.
What was important to you in the divorce negotiations?
The statement.
That was it.
The statement.
I wanted a mutual statement and I wanted him to call the, you know, get the press out of this.
Just make a statement.
These sound like they would be Johnny's recordings because on his end you can hear like a lighter.
I want to clear my name.
That's all I have.
You know, I said this to him too, and he knew this.
All I have is my name.
I come from nothing.
All I have is my integrity.
All I have is my name.
And that's exactly what he promised to take from me.
Why did you agree to accept $7 million?
I didn't care about the money.
I was told if I didn't agree to a number.
Why did you take $7 million?
I didn't care about the money.
This would never actually get completed.
It would never settle.
Objection here.
It would be overturned.
What was your understanding?
If I didn't agree to a number, it would be overturned.
So I took far less than what they were offering and what I was entitled to.
I promised the entirety of it to charity because I was never interested in Johnny's money.
And in the divorce, I just wanted my safety.
I wanted to move on from my life.
I wanted my future.
And then he started compromising that, calling me a liar, making it impossible for me to move on by doing so, so that I wanted the truth.
I wanted him to clear my name and to leave me alone.
I've been saying that since 2016.
So why did you donate 3.5 to Children's Hospital and 3.5 to ACLU?
Well, I pledged the first half, or 3.5, to Children's Hospital because I'd been working there as a volunteer for well over a decade.
I knew the facility well.
I'd worked there with another non-profit, is how I got affiliated with them, and I knew they could use the resources.
I was familiar with it.
What about the ACLU?
ACLU because I was a supporter because I believed in the work that we're doing.
I believe that they were doing good work for people who deserved it.
Why did you make the donations over a period of time as opposed to just a lump sum?
Two reasons.
The short of it is because I was receiving the settlement and installments.
I was receiving the installments over time.
Second of all, so I could get the tax benefit of paying over time.
As my understanding, that's how you pay these large sums.
You pay it over time.
Did you make any payments towards these donations?
I did.
Approximately how much?
I allowed for the first installment, which is $100,000 to each.
That came straight from Johnny in 2016.
I followed up with $350,000 that year.
2016.
2018, I did another...
Oh, and I also donated $250,000 to Art of Elysium, which is the affiliate I was just speaking about, that does the work in the Children's Hospital.
It was not going to count towards my overall pledge, but I did that too.
And then I did another donation to each in 2018.
And then Johnny sent me, 2019.
Before we get to that, did anyone make donations to the Children's Hospital or ACLU on your behalf during that time period?
Yes, Elon also.
Elon, who was my boyfriend at the time, had his own charitable contributions that he made.
He made $500,000.
It's not conceivable she would lie about this if she doesn't have actual proof of the donation.
And have you completely fulfilled your donations to the ACLU and the Children's Hospital?
I have not yet.
And why not?
Because Johnny sued me for $50 million in March of 2019.
And I have spent over $6 million...
Objection, Your Honor.
This is a motion to eliminate.
That part was supposed to come in.
Once you come forward, let's take a look.
Okay, so in the chat...
If she did, in fact, donate the money herself, that would mean that she donated the money herself.
Doesn't mean she's not a liar, and some people who are inclined to believe that she is a liar would say that's exactly what you have to do to really sell the lie.
Donate to the ACLU so that you could be the spokesperson.
I think I clipped the section from the Washington Post article, nerds.
I clipped the...
A portion of the Washington Post article that referred to her as the ambassador to the ACLU.
It's what you would do.
I thought the ACLU guy testified and that she didn't make.
She pledged it, but didn't.
Viva, that's correct.
She seems foggy on so many other pertinent facts.
Elon got out in time.
So hold on.
Did she...
She didn't pay at all.
She's going to say, I got sued, so I need to keep it.
But who made those payments for and on her behalf?
And how much did she make out of her own pocket?
And was it at the time that she's running these op-eds?
Oh my goodness, it is.
It absolutely is.
Hold on.
Let me just go Google.
It was Amber Heard op-ed.
The Washington Post is from 2018.
And in the op-ed, it says, Amber Heard is an actress and ambassador on women's rights at the American Civil Liberties Union.
And she said that she donated.
She stopped when she got sued.
So she's making the donations to the Civil Rights Union while becoming an ambassador.
And the op-ed is right here.
I'll put the op-ed back in in case anybody wants to read it.
Let's see here.
It says she put in 350,000 so far.
Okay, that's what I think I recalled.
Now, Mike, I forgot your last name, Mike, suggested that these are Johnny's recordings and she's trying to spin them.
And the only reason why...
It sounds like it would be Johnny's recordings because it sounds like they were made on Johnny's end because you could hear him flipping with the lighter and Amber is the one coming in on a speaker.
Someone else said, yeah, Johnny's calm so he knows he's making these recordings.
They sound like they would be Johnny's recordings because it sounds like they were made on the Johnny end and Amber's on a speakerphone.
Okay.
And this is the question.
Did she pay it or did it come in on her behalf from other people?
Rule of acquisition, 29. When someone says it's not the money, they're lying.
Amber Heard and Elon Musk, tell me that she was...
Okay.
So going back to that then, could you afford...
Don't worry, boom, it's not going to happen.
No.
What if any intention do you have to fulfill your pledges and donations to these organizations?
I still fully intend to honor all of my pledges.
I would love for him to stop suing me so I can.
What if any deadlines are there on your pledges and donations to the ACLU or the Children's Hospital?
There are none.
They understand.
Now let's go to Defendant's Exhibit 1458, which is already admitted.
Now, I'm going to just direct your attention to paragraph 27, where it says, Neither party has made false accusations for financial gain.
There was never any intent of physical or emotional harm.
Amber wishes the best for Johnny in the future.
What, if any, significance did that have to you?
That was everything to me.
That was the most important thing in the separation agreement between us, is that he acknowledged that a false claim, that my allegations...
We're not false.
I thought that just because he signed his name to it, he'd honor it.
Well, she said it has tax benefits and you can't blame people for wanting the tax benefits.
He acknowledges that I never did it.
I mean, I never made a false claim and I didn't do it for financial gain.
And that's what I was being called at the time.
A gold digger and a liar.
The horror.
Thank you.
We can take this down, Michelle.
And I'm going to now take you to...
Post-divorce and your career.
Please describe for the jury.
They might be getting to the end of her testimony today.
After the divorce, which I think was final in February 2017.
I had to fight really hard to keep my career.
You know, after I got my TRO, I lost opportunities.
I got canceled from jobs.
I got dropped from campaign I'd shot.
I was told I was going to be dropped from...
Objection, Your Honor, hearsay.
I fought to keep my job in the biggest movie opportunity I had to date.
Which was what?
It was Justice League with the option to become Aquaman.
It later became Aquaman.
But I had to fight really hard to stay even in Justice League because that was right around the time of the divorce.
Crossed starts whenever they end this.
But now they're on her damages, so hopefully they're going to end this today.
She's making evidence of her alleged losses for Johnny's alleged defamation.
And it provided the base for the Aquaman spinoff that followed it.
But that was...
Not a reality at the time of shooting Justice League.
And then you were able to be an Aquaman, is that correct?
Yes, I kind of showed up to work months early and stayed really late to fight to keep the job.
I managed to keep it and managed slowly to kind of to gain through this kind of hard work and goodwill.
Foster.
I was able to keep and make other jobs and eventually made a movie called Aquaman.
And Aquaman was very successful.
I think it was the most successful DC film by its release.
And I was getting my career back, even though it took a major hit when I got my restraining order against Johnny.
I don't understand the defamation part of that.
It took a hit when she got the restraining order, which is what she petitioned the court for.
Yes.
Okay.
When did that come out?
December of 2018.
December of 2018.
Let me just go see the date on that op-ed again.
Oh, that op-ed is December 2018.
Yes, it is one of the leading roles.
The female lead opposite Jason Momoa's character of Aquaman.
So you were his mate?
You could say that, yes.
I was his love interest.
I was the female lead of the movie.
Okay.
So in December of 2018, as Aquaman's coming out, why did you agree to participate in the op-ed?
Well, because I believed in some of the causes that the op-ed was seeking to advance.
There was a lot of attention and energy around gender-based issues, gender-based violence issues in general.
I had just recently become an ambassador for the ACLU.
I was proud of that ambassadorship, and I was looking forward to the opportunity to lend my voice to what I thought was a great cause, which is just a conversation around...
She published the op-ed at the time her movie was coming out.
By the op-ed.
Is she going to throw ACLU into the bus now?
I was trying to raise awareness around some of the issues that I just mentioned.
There was some legislative reform, Title IX being one of them, and there was just a greater cultural conversation being had around gender issues.
And she just wanted to have it right.
Let me see when that movie came out.
I was happy to weigh in.
On what I saw as the unique phenomenon that typically women experience in our culture when they come forward against somebody more powerful when they speak up about gender-based violence.
And I thought I could lend my voice to that conversation.
I thought I had something to say about that.
Were you trying to boost your sales for Aquaman?
Objection, leading the witness.
It doesn't work like that.
I don't think any op-ed...
Notice that she didn't answer the question.
It doesn't work like that.
I found that out after the fact.
...aided by the publication of an op-ed in the Washington Post.
I'll put it that way.
But the other way around can be said.
Wanting to lend my name at that specific time to potentially advance the causes within the op-ed.
Release date was three days after the op-ed, by the way.
Three days.
Yeah, just the publicity of the movie and the success of the movie would hopefully, best case scenario, only add and lend itself to, would lend attention.
So she came forward either to sell the movie or use the movie to sell her story.
I sought the advice of my attorney.
She's looking at the jury on the right when she answers.
Which is what she's been prepped to do.
I didn't want to get into any sort of legal issue.
I didn't want to have any sort of legal problems.
For talking about what happens to women or people when they come forward and speak about these sorts of issues, especially when they come forward against someone more powerful than them.
Like no one would believe that Amber?
Like what you said in the recording?
That people face when they come forward is exactly what I was writing about.
And I didn't want Johnny to retaliate against me and quite literally prove my point.
And so who was the counsel that you hired to review the op-ed?
His name was Eric George.
Oh boy, she just put someone on blast.
Los Angeles, California.
How did you know Eric George?
Eric George is the attorney who represented me in a different litigation against those...
The producers of Lennon Fields, the movie I mentioned earlier about having a body double and sex scene that I didn't approve of.
What was your understanding of Eric George's experience and skills to be able to review that op-ed for you in the context of your concerns?
Objection, speculation.
I'm asking her understanding.
I'll sustain the objection.
Next question.
She's going to throw her lawyer under the bus.
Had he done his job properly, Johnny wouldn't have retaliated.
Did you have the knowledge of Eric George's abilities at that time?
I did.
I thought he had an excellent reputation and would give me great advice.
What do you think of his advice?
What was your experience with him in representing you earlier?
I thought he was a fantastic attorney, very smart.
But this is going to turn.
Without going into the content of it, what, if any, of Eric George's advice did you follow in the context of the op-ed?
I took all of his advice.
I made all the edits he suggested.
I took all of his advice.
And what, if any, of Eric George's advice did you ignore?
None.
I mean, he's my lawyer.
I listened to him.
Okay.
I'm going to ask you if we can pull up, Michelle, plaintiff's exhibit one.
Now, this is the online version of the op-ed, and it has this.
Title, Amber Heard, I Spoke Up Against Sexual Violence and Faced Our Culture's Wrath.
That has to change.
What, if any role, did you play in this title?
None.
What, if any role, to your knowledge, did the ACLU play in this title?
Everything.
None, to my knowledge.
Okay.
Are these exact words anywhere in the article?
You can read it for yourself.
No, they're not.
When did you first become aware of this title being included in the online version of the op-ed?
I think in this litigation is the first time I realize that.
Okay.
I'm going to now ask, Michelle, can you bring up...
Oh, this is going to be easily proved.
If she had her lawyer look this over, he's going to have looked over a draft, and you'll know what the title was when her lawyer looked it over.
And this is the paper version, if you will, of the Washington Post with your editorial.
And if you go to the second page...
Wayback Machine, when did they change the title?
This one has a title, A Transformative Moment for Women.
What, if any, role did you play in that title?
I didn't.
Okay.
Now, do you recall seeing this version, the newspaper version, at the time?
Yes, this is the version I saw.
I'm very proud of it.
I had it framed.
You had the newspaper version, not the online?
I did.
I had the newspaper framed.
She's going to say she didn't know what the title was of the online version.
So she's going to recognize that the title could be defamatory.
Someone who knows this file better is going to be able to show definitively that she knew what the online version had by way of title.
Do you recognize this document?
It's impossible.
That she did not know the headline of that until only now.
I'm going to move to admit plaintiff's exhibit number three into evidence.
Any objection?
No objection.
All right, three in evidence.
We can publish it to the jury.
Thank you.
Now, is it fair to say this is a tweet?
Yes, it is.
And can you explain to the jury what a tweet is for those who are not as social media oriented?
Tweet is a posting on a social media network called Twitter.
Okay.
Now, did you send this tweet?
I think so.
I must have.
Okay.
And what if any control did you have over...
Uh-oh.
Hold on.
Hold on.
Oh, come on.
This is like...
Sorry.
That wasn't me.
You don't have control when you're retweeting something.
You don't have control to read the title of the article that you're retweeting?
You don't get a chance to re-editorialize someone else's title.
Do you get a chance to read it, Amber?
And at the time you sent this tweet, do you remember even noticing that title?
I do not.
You could object to that question, but let the lawyer ask ridiculous questions.
Have you ever typed the words from that title?
No, I have not.
I just retweeted.
I didn't even read the article online.
I'm so proud of it.
I framed it.
But I didn't read the title that is in the tweet.
And I'm going to go, I'm going to ask you, what, if anything, in this op-ed was incorrect?
Nothing.
Every word of it is true.
And I'm going to direct your attention specifically, and if we can load this up just a touch.
And move up just a touch, Michelle, if you can, so we get to then two years ago.
Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who speak out.
Was this true or false?
It's true.
What, if anything, did you do about speaking up about domestic abuse two years earlier?
Well, I went and got...
A restraining order against my then-husband and walked out to a sea of media and endured to that point two years of vitriol from the media and from Johnny Depp supporters in retaliation for having done so.
And I guess you're really answering my next question, which is, and I felt the full force of our culture's wrath for women who speak out.
Is that what you were referring to for that next?
Yes, because at the time, I thought it couldn't be worse.
Obviously, now from where I sit today, it gets a lot worse.
And then, Michelle, if we can move this up a little bit further.
She just said that she didn't know what the title of the online version was.
And then her lawyer puts into evidence a tweet.
I had the rare vantage point of seeing in real time how institutions protect men accused of abuse.
Is this true or false?
True.
Explain to me what you meant by that and how that was true for you.
I got a restraining order.
I had to prove to a judge that I needed one.
I had a bruise on my face.
I got a restraining order.
I showed pictures.
And yet everyone, the media, the studios that both Johnny and I worked for, they were ready to support him.
They made statements in support of him.
They were ready to fire me.
Objection, Your Honor.
I'll sustain the objection.
What, if anything, did you...
Witness with respect to institutions, meaning the people that we work for, the institutions, we work for the studios, we work for decision makers in my industry, filmmakers and powerful people and decision makers within my industry whom I had not ever even met, who didn't know anything about what happened behind closed doors in the marriage of Johnny and I, were making comments about me, statements about me.
I was dropped from campaigns.
Hard for me to work.
I was harassed.
I'm harassed on a daily basis.
Death threats.
And just the fact that that wasn't...
There was no parody.
You know, the studio and these decision makers and such were so ready to support him and eager to...
Objection, honor, hearsay.
By the way, notice her demeanor.
She was being honest right there.
And she had a very different demeanor.
For bad intentions, did you have or intend against Mr. Depp?
I have no doubt that she gets these types of threats.
No doubt.
And when she said it, you could tell that she was telling the truth.
The only one who thought it was about Johnny is Johnny.
It's about me.
And now look at the change of demeanor here.
It's about what happened to me after I escaped my marriage.
It's about me.
And my life and what I endured once I moved on and got a TRO and moved on with my life.
It was about what happened to me after.
The only one who made it about him, ironically, is Johnny.
Did you see that facial movement right there?
I'm going to take that down, Michelle.
I'm going to turn to something about electronics and transparency.
You testified about, and we've seen photographs and audio recordings.
Text messages, emails, etc.
What, if anything, have you done to cooperate in the authentication of all of these things?
Objection, Your Honor.
May we approach?
Sure.
This is...
It's actually...
She hates him.
There's no question.
But...
When she said she...
There's no doubt she gets threats and she gets harassment.
There's no question.
And so you now go back and look at her face there.
When it was actually...
It actually looked honest and transparent because you knew she is getting threats.
She is getting harassed.
Some will say she deserves it for making false accusations.
Others are going to say, look, there's people on the internet.
That's what they do.
I'm going to turn to your...
But she had a different demeanor in that answer than all the other stuff.
That's correct.
And it's based on three statements that Mr. Adam Waldman, Mr. Depp's attorney made, correct?
Yes.
Okay.
I'm going to ask if you can pull up Defendant's Exhibit 245.
But Your Honor, I'm going to ask...
It's already in evidence.
Your Honor, if I may approach, if we may approach this real quickly, because I think we can move this along faster if we do this ahead of time.
Oh, man.
Maybe they're going to be done today.
They've got, it's 2.30, they're going to be done, the judge said they're going from 9 to 5, I think.
They should be, and they're at her damages and, you know, her aspect of the claim.
So I think...
I agree.
She's finally in her truth.
When she said that statement, her face was relaxed.
There was no contorting.
There was no sighing.
There was no bizarre gesticulations.
And you knew what she was saying was the truth.
So you can only now just compare that when you know that she's telling the truth to when she says other things which are outlandish.
On their face.
Where she contorts.
Where she sighs.
Where she touches her.
And then you just say, okay, if I think this is what she does when she's telling the truth, I think I can tell when she's doing other stuff that maybe she's not telling the truth.
But she's trying to...
Putting her lawyer...
It's her lawyer's fault.
He didn't give her good advice.
It's the ACLU's fault.
They wrote the article.
She didn't have anything to write about it.
She got to review the entire thing, but she didn't have any say in it.
It's the ACLU's fault.
She thought she was doing it at a good time.
Not to sell the movie, but because she thought the movie would sell her story.
It's incredible.
I mean, you have to keep track of all of these elements of the story.
She published that op-ed on December 18, and Aquaman was released in the United States on December 21, 2018.
Yeah, it's so far.
It's so far.
And it's an interesting thing where she said the idea of selling, the idea of capitalizing in one way or the other was on her mind.
But she thinks it's going to be a defense to the accusation that she exploited the allegations of domestic violence to capitalize for the purposes of selling the movie where she's like, no, no, no.
I didn't write that op-ed to sell the movie.
I wrote that op-ed because I was hoping the movie would sell the op-ed.
But I didn't write the op-ed, so I'm not responsible for the allegedly defamatory statements.
My lawyer went through it, and he saw nothing wrong with it, and I relied on his legal opinion.
I didn't read the title to the piece, even though when I retweeted it in December 2018, it had clearly the digital title, which was the one she says she didn't know about until now, but I only knew of the print title because I was so proud I framed it.
So, yeah.
Okay, we're back on now.
Synergy.
Okay, we're going to start by bringing up Defendants 1245.
All right.
Moving that into evidence.
No objection.
1245 in evidence.
Thank you, Your Honor.
And this is an article that was in the Daily Mail.
Why would that be?
That's not redacted.
What's going on here?
On 8 April 2020.
Okay.
Proceed that.
No, I can't see a darn thing.
And then Michelle, if you can move that to the next page.
Perfect.
I don't think Barnes would have taken this case for her, at least.
Depp's lawyer said afterwards, Amber Heard and her friends in the media use fake sexual violence allegations as both a sword and a shield depending on their needs.
They have selected some of her sexual violence hoax facts as the sword inflicting them on the public.
And Mr. Depp, do you see that?
Yes, I do.
Is this a true or a false statement?
False.
And why is it false?
To use what I've lived through and what I've survived, calling it fake, saying that I'm harming I'm harming Johnny with this.
I'm harming the public with this.
This is what I've lived through.
And to say that it's a hoax, that these aren't even real things.
I mean, after everything I've lived through and survived, and also I hadn't even spoken about the sexual abuse within my marriage.
I hadn't, I had been protective of that.
I didn't want to talk about that ever.
I had been protective of that while participating in an op-ed in the Washington Post.
As remarkable as that is, I had protected that.
I had to go to another country to give testimony, and thankfully they allowed me to do so with confidentiality and some protection.
And then Johnny, through his lawyer, not only uses that against me, but says it's a hoax.
Thank you.
Now I'm going to...
By the way, does anyone else find it very satisfying when Elaine highlights with that purple and when it highlights over a highlight, it doesn't get double dark.
It just stays the same level of purple.
I find that very satisfying.
And this is an article that was published earlier.
She did Johnny a favor by keeping those allegations quiet.
And yet, she went public in the Washington Post three days before her movie because even by her own testimony, she wanted the movie to sell her story.
Promote her story.
Simply, this was an ambush.
A hoax.
They set Mr. Depp up by calling the cops.
But the first attempt didn't do the trick, he told DailyMail.com.
Well, now that might explain this.
Let's keep going.
What are they blacking?
Oh, they're blacking out ads.
They can't be blacking out ads.
Why would they black out an article?
So Amber and her friends spilled a little wine and roughed the place up, got their story straight under the direction of a lawyer and a publicist, and then placed a second call to 911.
Am I biased, or does this make a lot more sense than Amber Heard's testimony?
It couldn't be more false.
It couldn't be more false.
It could be.
There could be dinosaurs involved.
Every part of it is false.
Look at the anger.
Contentious anger.
I didn't call the police.
She didn't, but her friend did.
I refused to cooperate with them to protect Johnny.
No, that's not...
I protected Johnny.
Oh, yeah.
I didn't call them once, and I didn't call them twice.
I didn't rub up the place.
I cleaned up the place.
I didn't even know the second cops were coming.
If I wanted to get something from him, I wanted a hoax, Johnny, why wouldn't I cooperate with the police?
Wouldn't I say something to the police?
Oh, see, this is the rhetorical.
Wouldn't I have done it?
Than just knock over the things that you saw pictures of?
It makes no sense.
And to do it online when there's no fact-checking, there's no authorities, there's no one able to, you know, I can't respond.
I can't fight this and use these.
Sorts of media leaks and these comments to re-echo over and over and over again online with a network of people that are intent on helping Johnny through a sophisticated PR machine.
Objection, Your Honor.
Yep.
Hashtag confession through projection.
Sustain the objection.
Next question.
All right.
And so what in fact...
By the way, do you notice how she said, I didn't call the cops, but not that her friends didn't?
Cleaned up?
Who called the cops?
I protected Johnny.
I refused to cooperate with the police.
I took pictures before, during, and after.
And the next day.
I tried to protect Johnny.
I tried to protect the history of what we had.
I tried to protect him.
I did the opposite.
And I didn't even have a lawyer.
I didn't call my publicist.
I called my contract attorney to get me another lawyer who could give me advice on how to protect Johnny.
Oh my goodness.
You see what you just did there, by the way?
Every bit of this was to protect Johnny and to protect the secret that I had fought really hard to keep for nearly five years.
Yeah, she fought real hard to keep it.
Which was behind closed doors.
Johnny was a monster.
Things were not what it looked like.
Well, that might be true.
Okay.
Michelle, can you take this one down and go to Defendants 1247?
She was trying to protect him.
She didn't cooperate with police, but she took pictures before, during, and after the next day, then took them to police.
Sounds exactly like what Johnny says happened.
Amber, this is another Daily Mail Online.
It's actually outrageous.
On 24 June, updated on 25 June 2020.
And then if we can go...
A lot.
...further.
And this one says, Depp's attorney, Adam Waldman, said, we have reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp.
Is this true or false?
What do you think she's going to say, Elaine?
And why is it false?
Because, unfortunately, all of this is real.
And what I mentioned earlier about how preposterous it would have to be for this to be this elaborate hoax, I couldn't believe, I couldn't fathom one day that that would actually be legitimately the position that he, through a lawyer, would take.
Because it's so preposterous.
So preposterous.
And why is this so absurd?
Because...
Johnny and I lived this.
We lived through this.
I lived through this.
Yeah, we got a recording of you saying you hit him.
But I survived it.
We got that.
And, you know, I have mountains of evidence, mountains of proof, and yet it won't be good enough for people who are seeking to make money off of Johnny's success.
No, so you've got to make it even better.
Make it even better.
Go smash some things, take some good pictures, then go to the cops.
The damages that you've suffered as a result of these statements.
Good.
End this testimony, Elaine.
This is not good.
Please tell the jury how you were doing reputationally.
Objection.
That's a legal conclusion, Your Honor.
I'm sorry.
Move to strike.
Council's testimony.
Thank you.
Thank you.
From the record, we'll disregard that question.
All right, your next question.
What was your understanding of on whose behalf Mr. Waldman was making those three statements?
Objection, lack of foundation, culture speculation.
Do you want to approach again?
That's not what we just said here.
That's fine.
What just happened in the background there?
I just heard someone in the background.
Thank you.
So, we'll move forward to my other question here.
Please tell the jury, how were you doing reputationally before these three statements were made, beginning April 2020?
April 8 was the first of them.
Objection, Your Honor.
I'm going to object on lack of foundation.
She can talk about her reputation.
Overruled, I love it.
It took hard work.
It took a lot of hard work on my part, but I was able to work, get my life back on track.
I was taking care of myself emotionally.
My career was working really hard.
I was able to star in...
A major success.
I worked on a TV series that I had been touched to for a very long time.
I became an ambassador for several nonprofits that I deeply care about.
I was doing a lot of really, you know, it felt really good to be doing the social work and the charity work that I was doing.
And I was also filming and working and planning on, I was awaiting a schedule from Warner Brothers for Aquaman 2, the sequel.
And I had wrapped on that TV series I mentioned and I was waiting to start doing publicity for it to promote it.
And I had a campaign, a global campaign as a spokesperson for a major beauty brand.
So things were, you know, the trajectory was positive.
Oh my goodness.
How did things change after these statements were made?
I remember around the time...
I remember.
Unfortunately, I lost my mother around, I mean, on the 1st of April.
And I remember it was when I was grieving her that I got a call that I should be expecting a script for my role in Aquaman.
Objection, Your Honor, hearsay.
So I was waiting a schedule.
What was that scream that we heard in the background?
Feeling concerned that I wouldn't have enough time to grieve before having to get back into work.
I had a press schedule to promote the TV series.
Now she's just opened the door to the fact that she lost business because her mother passed away and she was grieving.
Beauty brand.
And then I remember...
At that time, the beauty brand had to suspend posting what I just shot for them because they were getting bombarded.
Objection, Your Honor.
This is hearsay.
Sustain the objection.
Okay.
So they said no.
I mean, they suspended what I had shot.
Objection, Your Honor.
She can testify to that, Your Honor.
She has to be able to testify.
Sustain the objection.
Okay.
Oof.
Were you actively involved in campaigns with L 'Oreal after these articles?
No.
Let's time it with your mother's passing and maybe the grieving process.
Yes, the TV series that I had already completed.
Yes, I was.
Were you actively involved in the publicity after these articles?
No.
The shoots were cancelled.
Did she just not make the temporal connection to her mother passing away and grieving?
With respect to Aquaman 1. Aquaman 2. You'd already starred in Aquaman 1, right?
And they called it Aquaman at that time, but now there's an Aquaman 2. That's correct.
Okay.
So were you actively scheduling...
Timing for filming and scripts for Aquaman 2 before these articles?
Yes, I was.
Were you actively scheduling after these articles?
No.
Why would you be actively scheduling for a sequel that you've already scheduled for?
At that point.
Okay.
Great point.
It makes no sense.
Michelle, can you bring up a sentence to the 1258?
Oh, man.
So I guess Barnes is not going to come today.
I think Barnes is going to come for the cross-examination.
This is just painful and terrible.
I can understand why.
Okay, what is it?
It is the Justice League Aquaman contract.
Okay, Your Honor, I'm going to move the admission of Defendants Exhibit 1258.
Any objection?
Yes, Your Honor.
Maybe we approach her.
If I'm not mistaken, she literally just opened the door to the fact that the decrease in any opportunities might have had to do with her declining, turning down work, or mourning the loss of her mother.
Her mother died in April 2020.
She seems to have just inadvertently opened the window for that in cross-examination, if there is any reputational harm.
But this is...
This is nothing but an unmitigated disaster in my view.
Thank you.
Mother's death, Viva, using sadness of one thing in display of a current?
Yes.
But I should just say, they brought it up.
That seems to be a relevant date for when people might stop taking work because they need to grieve.
People go into a very lengthy grieving period, which has economic consequences.
So, yeah, we'll see if it's...
I want Cross.
You want Cross.
I want...
No, this is...
Don't waste the Barnes on this crap.
No, hold on one second.
No, because we're...
It's for the Cross that we need this.
Oh, my goodness.
But...
She was trying to protect Johnny.
If I had all the time in the world, I would put a supercut together of protecting.
That is what you call...
Protesting too much and thinking that you're going to portray yourself as being the benevolent hero when you were exactly doing the opposite.
I tried to protect Johnny.
I didn't want to ruin his life.
But I was taking pictures for years, sitting on them, so that I could then say, look, I've got pictures.
The years of what she's endured, and those are the pictures that she had.
That's all that she's put forward as evidence.
So, Amber, can you explain to me how that contract structure was for Justice League and options?
Just explain to the jury, please.
Oh, boy.
Structured like a three-picture option.
I signed on to do Justice League, where my character was introduced.
The fee is small relative to what it will become if...
And when you do the other options or movies under that umbrella.
So it was the contract for Justice League which could then become Justice League 2 or it could be Aquaman or it could be some other movie within the DC universe.
And the second picture ended up being Aquaman.
And then the third picture, Aquaman 2. Each time the fee goes up, but...
Objection, Your Honor.
This is calls for speculation, lack of foundation.
Overruled out loud.
As far as the contract is concerned, that's what the contract says.
All right.
And if we go to page six...
So what was your fee going to be for Aquaman?
And what was it for Aquaman?
One million.
Okay, and then was there also box office bonuses opportunities?
Yes, I believe.
Yes, there are box office bonuses.
If it makes a certain amount in the box office, you get a bonus.
That's how I hear it.
That's how I understand the recordings we heard earlier.
At the time you entered into the contract and...
With the Unjustice League, did they know what the picture would be?
No.
As I mentioned before, when you do the contract...
Objection calls for speculation.
All right.
I'll sustain that objection.
Okay.
So ultimately, what was picture number two?
Aquaman.
All right.
She got a million bucks for Aquaman.
What was it for picture number three?
After the 7 million settlement, which...
Aquaman 2. Okay.
How much did you get for Aquaman 2?
What was the fee under the option agreement at that time?
1.4.
2 million.
Damn it.
Okay.
Now, did you have contracts with L 'Oreal?
Yes, I did.
Okay.
And can you just describe for the jury what was involved with L 'Oreal?
Yep, look at that.
Bingo.
The movie does well.
She makes more promoting the movie through her op-ed three days before the movie comes out.
As a spokesperson, I'm just involved with the brand as a representative.
And it makes her explanation even less plausible now.
Do throughout the year on social media and on red carpets, promoting various products or...
This is her lawyer putting this in evidence.
You know, causes they're advancing.
Generally, it's just like a brand ambassadorship.
Okay.
And did you...
Well, let's go.
Let's pull up 1262.
By the way, this is evidence that just came from her lawyer that there were bonuses, perks, as there typically are in a well-drafted contract for performance.
She published this off-ed three days before that movie comes out and now wants us to believe that it was not motivated to promote the movie, which would have saw more money in her pocket.
But she was using the movie to promote awareness of the social issues behind that off-ed.
Bull crap.
Yes, it was.
Okay.
Was it for two years?
Yes, it's a two-year contract, and that sounds right.
All right, and then I'm going to ask you to turn to 1264, and that's April 20, 2020.
And what, if anything, did L 'Oreal do with regard to extending your contract then?
They extended it.
They chose to extend it with the option to kind of...
All right.
And did they extend it just an additional three months?
I'd look at paragraph one.
Let's see.
Yes, they did.
Okay.
And what, if any, work did you do for L 'Oreal after these three statements were made?
I have only been able to participate in, I believe, one.
Live event that they also couldn't promote or use the material from because of...
Objection, Your Honor.
Calls for speculation.
I'll sustain the objection.
Okay.
Now let's go to 1265.
And this is, as of November 15, 2021, this is another extension with L 'Oreal, correct?
Yes, it is.
And if you look at the second option term under paragraph one, it's an extension of 20 months.
Is that correct?
That is correct.
Okay.
And what, if any, work have you been able to do for L 'Oreal since this contract?
As I stated, I believe I've only done one in-person event with them and they couldn't use the material.
Okay.
Now...
Let's talk about the stand for a minute.
Let's pull up 1263.
And this is dated July 3, 2019.
And I believe you indicated that you had already filmed it by the time these statements were made in April and June of 2020.
Is that correct?
That's correct.
Okay.
And what if any marketing opportunities were you participating in prior to those articles?
We had...
Appearances, talk show, press, the normal kind of group cast press junket, promotional material, photo shoot.
And I was, I had various publicity engagements lined up like a magazine cover, that sort of thing to promote the film.
I mean, to promote the series.
And what, if anything, were you able to do with marketing opportunities after the three articles were published?
None.
None.
What if any covers were you on after that for the stand?
They pulled the offer for that, so none.
Okay.
And while we're on this agreement, if you look at the second page, how much were you paid for the stand?
It's at 6C.
200,000.
Oh, 200,000 an episode.
Okay.
She can't even answer.
Now let's pull up Defendant's Exhibit 1266.
Have you been able to get any work since that time?
I have done one small independent film.
Okay.
And tell the jury what that is.
I shot a film in Guatemala.
It's a small independent, meaning it doesn't have distribution.
This will be like a couple hundred thousand bucks.
It's a lower budget film that I've been attached to for many years called Into the Fire.
Okay.
And 1266 has as of January 13, 2022.
Do you see that?
Yes.
Okay.
When did you actually film for this in Guatemala?
Someone is breathing heavily into a mic and it's not me.
Yeah, 480,000 people on law and crime.
And do you recall what your compensation was for that?
It's amazing.
I don't off the top of my head.
You can look at ALH 17628.
Well, take a guess, Chad.
It's going to be...
It's paragraph 6A.
250,000.
Oh, uh...
65,000.
Ooh, that's much less.
And have you participated in Aquaman 2?
I have.
And tell us about that.
That's a weird way to answer it.
I have.
I had to fight.
I fought really hard to stay in the movie.
What does that mean you fought to stay in the movie?
Objection, Your Honor, hearsay.
What does that mean you have to fight to stay in the movie?
Were you ultimately able to get to film in Aquaman 2?
Yes.
A very pard-down version of that role, yes.
Okay, what if anything changed in the script?
They pared down the role because of the reputational damage.
Objection, Your Honor, hearsay, lack of foundation.
I was given a script and then given new versions of the script that had taken away scenes that the...
That had action in it, that depicted my character and another character without giving any spoilers away.
You know, they're two characters fighting with one another and they basically took a bunch out of my role.
They didn't...
I don't know that this makes sense for the damage she's claiming.
What leverage did you have to negotiate a higher salary?
If they don't want her in because she's toxic, they cut her out of the movie.
Are they going to give her $2 million to change the role of her character?
What effort did you make to negotiate a higher salary for your participation?
I couldn't renegotiate my contract.
And why not?
Objection.
This calls for hearsay.
And speculation.
Do you know why?
Still the same objections, Your Honor.
sustain the objection.
All right.
In order to deal with the toxicity of having her, they didn't write her out of the movie.
They just changed the scenes.
And she still got paid $2 million?
The impact on you.
Emotional impact.
Of these three statements that we have talked about, these three counterclaim statements.
Please describe how this has impacted you.
Uh-oh.
There you go.
That's your moment.
These statements are used over and over and over and over again online to reverberate, re-echo, and re-energize.
Objection, Your Honor.
This is not responsive.
Lack of foundation.
And hearsay.
She gets to give her content for it.
Well, her emotional, the question was, your emotional impact of these statements.
Okay.
The impact it has on me is every time I look at it, which is every day.
I am set back.
I have to relive it.
I have to have my, the worst, most painful things I've ever gone through.
Painful memories I've ever had.
The things I've narrowly survived at times.
Narrowly survived.
Narrowly survived.
And you compare that statement to the evidence that she submitted.
and to have them use every single day to call me a liar.
I have to relive this every single day that I have to address those claims.
She narrowly survived her relationship with Johnny Depp.
Over and over again, the most intimate, embarrassing, deeply humiliating and personal things that I've survived.
out.
Are used against me every day.
Over and over again.
That mannerisms again.
It's torture.
I'm in so much pain.
Emotionally.
I just wanted him to leave me alone.
I wanted to move on with my life.
And he won't let me.
I make statements like this.
He won't let me.
I have to be here today.
I have to be reliving it every single time.
He, with these statements, with these leaks, these comments, once again, makes me have to speak to the most horrifying things I've looked through.
It's torture.
It's torturous.
Why don't you have to do that?
I want to move on with my life.
I have a baby.
I want to move on.
She wants to move on with her life.
Leave me alone.
Thank you.
I have no further questions.
It's over.
It's over.
It's probably a good time to go ahead and take our afternoon recess.
Oh, it's a good time to take an afternoon recess.
So go ahead and do not discuss the case and don't do any outside research, okay?
We'll see you in 15 minutes, okay?
Oh my goodness.
Please, court is still in session.
I need it to be quiet in the gallery.
Thank you.
Oh my...
I don't...
Three days.
Three days.
Let's be objective.
Let's be intellectually honest.
And let's...
Cross is coming.
This is going to be...
Why don't we just make it 325 then?
We'll come back at 325?
325.
17 minutes.
I like this, Judge.
All rise.
So where is Runkle in here?
Where is Runkle?
The guy in the purple.
So I'm looking back here.
Oh.
But let's...
I have not been following this trial from day one.
But I've been following Amber's testimony.
Where is the Runkle?
I'm looking.
He was wearing a tie, a white shirt, a jacket.
Oh, yeah.
Just sick Semper Tyrannus.
Oh, my gosh.
Oh.
Oh!
My goodness.
Okay.
I'm going to message Runkle and see if he can get back in if he's not too exhausted.
If you're not too exhausted, pop back in and let me know what the jury looked like during that closing answer, period.
So here's the question, people.
Now, first of all, before we get to the question, three days, and you have to be straightforward and not your opinion of the evidence, but let's just put up a little checklist.
It's going to be like a mind maps that doesn't exist because I don't do the type of homework that Robert Gouveia does.
I don't work with those types of things.
I'm not going to draw it out.
Three days of testimony.
Wednesday, Thursday, skip a week today.
The evidence that she submitted through testimonial evidence, which is a kind of evidence.
It's not evidence.
It's just testimonial.
And if you don't have any photographic or corroborative evidence to support it, it's, you know, he said, she said.
She said, oh, I just dirtied my glasses even more.
She said, narrowly survived.
Now, she might have been hyperbolic, might have been a little exaggerating.
In her closing arguments, after the three days, she says, I narrowly survived my Johnny Depp relationship.
She says, on multiple occasions he was abusive.
He pinned her down and repeatedly struck her in the head.
He split her lips so bad that blood went onto a wall.
He hit her in the face so badly that she thought her nose was broken.
It was bleeding.
She thought she had a concussion on other incidents.
He grabbed her by the hair and dragged her across a floor.
He inserted a glass bottle where things are not supposed to go.
And she cut up her arms and her legs on broken glass on the floor.
At one point, she testified that he repeatedly struck her in the face, pinning her down.
What else was there in terms of testimonial evidence?
Oh, that he performed a cavity search looking for drugs that he suspected she had taken and hidden.
This is testimonial.
What was the photographic evidence that she had...
To substantiate these accusations, this testimony of the most egregious violence you can imagine.
Not to straw men it.
Her testimony.
She had one photograph of a bruise on the inside of her arm.
She had those photographs from the night they called the cops, which apparently was from being hit in the face with a phone, which was on her right-hand side of her face.
She had the picture of her outside the court when she got the TRO, the DVTRO.
I need to get clear on the proximity of that restraining order to the events of that night.
And she had pictures which seemed to show slight bruising under her eyes, on her cheek, and another one where she apparently had a bruise on the side of her head.
So that's five years.
I guess we're into five years.
Six years of abuse through which...
Oh, I'm sorry.
Sorry.
There was other evidence.
Landscapes.
Broken, allegedly broken household items.
Johnny Depp sleeping.
I think there were three or four of those pictures.
Allegedly passed out, but sleeping.
What else was there?
And some audio recordings.
Which I don't think showed what she thought they showed, but audio recordings in which she was saying, admitting to having repeatedly hit Johnny Depp, but, you know, he's had worse.
If that's enough for someone...
Now, here's the issue.
This is a defamation case where truth is an absolute defense.
Sufficiently true is going to be a variation of that.
The defense of the truth is no worse than the lie.
Okay, so he didn't do what she says he did, but he did call her the C-word, as we saw in a couple of texts.
If that satisfies your evidentiary burden for whether or not she experienced what she says she did, that's a question of judgment.
And that's a question of what it takes to convince you that something occurred.
What do you have from Johnny Depp's side of the evidence?
She set that entire thing up with Rocky Pennington and the cops.
Went around, broke some stuff around the house, called the cops back so that she could take pictures and then use it to blackmail or extort a settlement from Johnny Depp.
So that's it.
I mean, you...
You see who you believe in all that.
I can say one thing.
It's clear from our side.
It's clear from the poll.
Let me just see what the poll is at here.
80%.
Let's end the poll.
How do I see the poll?
Yep.
Well, it was only 3,000, 4,000 votes.
3% believe she's a victim.
79% believe she's lacking credibility.
And 18% are not interested in...
Venturing out, they just want to see the results.
In three days, she has proven JD sleeps and wears boots.
So she hates those boots, man.
Those boots.
It's like that scene from Kill Bill.
That hat.
That freaking hat.
Am I crazy?
Or does Amber keep biting her lip on the same side her lip was bleeding from when she gets mad on the stand?
You're not crazy.
Actually, let me get to that in a second.
Am I thinking that Maker's Mark might want...
To either hire Amber Heard as a spokesperson or sue her for damages.
I'm not sure I get that one, but hold on.
Let's just go see if I can pull up that image of the alleged.
Close that window.
I don't want to close the window.
Here, hold on a second.
Amber Heard.
Trial pictures?
I guess we'll go with that.
Trial images.
I mean, I'll go with evidence.
It's not...
You're not making up.
I think we...
Some of us noticed that as well.
Let me see if I found an article here.
That's from the trial.
That image seems to not be the right one.
Let me see if I can't find the image.
Images.
That'll probably be the better way to do it.
Yeah, all I'm finding are the...
So you got what appears to be black eyes.
Oh, this is...
It's amazing.
Even the pictures that you try to find...
Of the evidence.
Even when you see them online, it barely shows.
No, that's not the one.
My goodness, I can't even find lip.
Let's see if we can find it with lip.
Can't find these pictures.
But no, you're not wrong.
Here, maybe this one.
Amber Heard, direct testimony.
Oh my goodness, is the cross-examination going to be...
The question is, how are they going to go about it?
Are they going to go about it soft and understanding?
Or are they going to try to trigger her to get a response?
They're going to.
They're going to.
Use the word exhibit.
Okay, so hold on.
I'm an idiot.
And now I'm...
Okay, let's see here.
Yeah, Amber Heard...
Trial exhibits.
So I got a 28-minute video on YouTube of all of the...
Oh, my God.
I see Johnny Depp's finger.
You know what?
I can't find it.
Okay, I'm giving up.
I'm giving up.
We'll get to it later.
Talk about it tomorrow.
Oh, there we go.
Got it.
Okay.
Jeez.
This is from the mirror.
All right.
Share screen.
Stop.
Share.
Share screen.
This is Amber Heard trial images.
Here we go.
Oh, that's not even the right one.
People will do it right after I talk to the producer.
I talk to the producer.
I just lost the image.
Okay.
There was one of her lip.
And it was on the side that she's biting and it did not look necessarily like a split lip from an incident.
Amber Heard exhibit trial.
Images.
Go slow now.
And just get this.
It was in the mirror.
We're watching the dude struggle more than he should.
And now I've lost it.
All right, forget it.
Forget it.
I've given up.
The bottom line, though, it looked potentially like something else and not necessarily a split lip.
And it was definitely on the side that she continually bites.
It looked like something else.
It looked like a cold sore.
I'm trying not to be mean.
It's a non-judgmental thing.
It looked like a cold sore.
And it was definitely, you know, and she's definitely biting that part of her lip.
So that's it.
That was the evidence.
For all of these extravagant, and if they're true, horrific allegations, accusations of abuse, that's what she had.
Herpes or shingles?
The shingles...
Look, I've had shingles on my torso.
It didn't look anything...
It looked like poison ivy.
That looked like a cold sore on her lip.
So, that's it.
And now we're going to come back to the cross-examination.
She had three days to reduce the best evidence she could to substantiate the allegations that she says she injured.
And...
Yeah, this is the best that she did.
Now, cross-examination.
How are they going to go with the cross-examination?
Who's going to do it?
I don't know the names of the prosecuting attorneys.
Shingles is no joke.
I can tell you that thoroughly.
I had it in February before the pandemic.
February of 2020.
And it was very, very, very unpleasant.
Let me just check a message here.
Let me just check a message.
Okay.
Don't have a message there.
Cold sores are not fun either.
I've never had one, but someone just said cold sores suck.
I've never had one, but...
So we've seen the pictures.
You've seen the evidence.
Now it's just going to be a question of what's going to be the cross?
The elements of the cross that they're going to get her on.
Forget the damages.
I mean, the damages side of things, there's going to be an easy way to show that on the one hand, it doesn't sound like she suffered actually much damage, even if she were in fact defamed.
She paid her $2 million for Aquaman 2. Whether or not they wrote her out of the script for other reasons, who knows?
I'm going to text Barnes.
Make sure he knows that the cross starts.
Cross examination starts when they come back from break, period.
I don't know that she...
It's unclear what damages she lost, even if the statements were in fact defamatory, because she didn't look like she substantiated her damages all that much.
She had a passion piece that she wanted to go back and do for $65,000 after getting $2 million for Aquaman 2 after having her role written down.
Who knows?
Her mother passed away, which she brought into evidence, which might explain a decrease in revenue if she takes less work because she's mourning.
So setting aside the damages stuff.
The evidence that they're going to adduce as relates to her.
I'm still not sure what her explanation was for how Johnny lost his finger.
From what I remember, her testimony was that Johnny was swinging a phone and kept on hitting it against something and did it to himself.
And then she woke up hours later to the horror of this.
So I don't think she's going to have a good explanation for...
To explain that she was passed out while Johnny Depp apparently chopped his own finger off.
The other incident, I mean, they're going to ask her, I presume, why, you know, never went to the cops.
She's going to say, I wanted to protect Johnny.
Why do you take the pictures?
I want to protect myself.
If she's a good, if she's lying and she's a good liar, she'll have those answers planned out.
I mean, that's how you do it.
I didn't want to take, I didn't want to ruin his life, but I wanted to have the evidence in case I needed to protect myself to save myself.
Yeah, what is...
Shingles is caused by varicella virus, the same virus that causes chickenpox.
I had chickenpox as a kid.
If you had it, 80% chance you get cancer later in life.
Well, I've got to tell you something.
What are the chances I get cancer anyhow later in life?
Are you trying to make me nervous, Cliff?
Do you not know that I'm an obsessive-compulsive hypochondriac?
You don't say that to someone who's going to...
But where are they going to go with this?
Oh, I'm...
Yes, I know it's a reactivation of chickenpox.
And by the way, I have what is called post-herpatic neuralgia.
Everywhere I got the shingles, the skin is numb, and I have a constant deep itching, tingling under the numbness and pain in the muscle.
Two years later, I still have it.
That's the thing.
90%.
It's either cancer or heart attack.
I mean, those are the things that are going to get, at the very least, me from my family history.
Yeah, if I have another good 40 years, I'll be happy with that.
Sorry, if I still...
Okay.
What are they going to do when they get...
Oh, shoot.
Hold on.
I took the screen down and I don't see it.
What are they going to do when they come back?
I think they're going to have...
I'm saying the female lawyer cross-examine because strategically, that's what you need to have here.
I don't think you can have a young, arrogant, energetic prick like myself cross-examine someone because they'll just accuse...
You know, the messenger of being mean and rude.
But they're going to have, I think, the female lawyer who has been objecting cross-examine, I suspect.
So, that's it.
But I think she's going to go for the soft approach and then the needle when it's time to make that...
Balloon go pop.
What do we say?
Your studies show that those who celebrate more birthdays have a 90% chance of living longer.
So just make sure you get lots of birthdays in your diet.
Almost as good as the study from the Washington Post that showed eating healthy.
A healthy lifestyle can help you live longer.
In case you didn't know that.
Hold on, hold on, hold on.
Oh, what does my shirt say?
Hold on one second.
I texted Barnes.
I texted Barnes.
Keep calm and vlog on.
And by the way, if people are interested in merch, stay tuned.
It's going to be something of a birthday announcement, but the merch game in design, in ease of use, in made closer to home in as much as possible, it's going to take a notch up in the game.
It's going to take a step up.
It's going to step up a notch in the game.
Very shortly and probably on my birthday.
So stay tuned for that.
Looks like a storm of Brune in South Shore of Montreal.
Better not lose power.
Oh, if I lose power for this.
And we had one heck of a storm yesterday.
Worrying kills not herpes zusters.
Shingles.
Prove the shingles.
Dude, I tweeted.
I think I tweeted out the progression of my...
It was tremendous.
It looked like a continent on my torso from the front to the back.
Luckily, I did not get it on my face or south of the beltline, if you know what I'm saying.
Apparently, that's very unpleasant.
Yeah, so that's it.
Viva, are you able to make a ponytail yet?
Oh, court's back.
Court's back.
Hold on.
Hold on.
Sorry, Kama.
I'm live right now, and trial is coming back.
Period.
Cross-examination, exclamation point.
That's my father.
And now let's get Barnes.
They're going back live, exclamation point.
The crowd needs you, exclamation point.
Cross-examination is starting, exclamation point.
Okay, let's see if Barnes gets in here.
Here we go.
It's just going to...
Oh, sorry.
There's a chat still up here.
This is going to be...
This is what...
This is going to be a learning lesson in the practice of law.
You have someone on the stand who you know is volatile.
A volatile victim or a volatile liar, it doesn't matter.
You know that she's volatile enough.
And whether you like your job or not, and whether you think that she's a victim or not, your job, as the cross-examining attorney, is to make her out to be a liar.
Totally disingenuous.
Totally untrustworthy.
And your job is to make her snap.
Your job is, within the limits of law, To destroy her.
Credibility.
Authenticity.
And to make her lose it on the stand so that people look at her and say, holy crab apples, maybe Johnny was the victim this entire time.
Three days they've been listening to her.
And it was, by the way, just so you understand also, Chief is the easiest evidence to adduce.
It's like layups the entire time.
You're playing basketball against no defender.
And now...
You know, it was like the eight-year-old kid who's doing layups.
He's like, great, great.
Now, you have Shaq right in front of you, stuffing everything down.
And it's going to be...
Where's Barnes?
I don't know where Barnes is.
He's coming.
He'll get here.
But if he doesn't get here today, we'll do it tomorrow as well.
And then the thing is this.
You're going to get someone to cry, but you can also make someone explode, as in make someone who might be a sympathetic, fragile witness cry, and then you look like the bad person.
So this is going to be artistry.
Do we see Runkle?
Do we see Runkle?
This is some Stanley Kubrick camera work here.
The camera pans across the crowd, looking in the gallery.
"'It is an array of people who are interested, "'all seemingly very young.
"'One man in the blue top cranes his head "'to see what's going on.
"'A lady behind him wearing a mask.
"'The person behind her also wearing a mask, "'touching his mask with his fingers.
"'Does anyone see Runkle of the Bailey in there?
"'I do not.'"'The camera zooms in on a woman biting her fingernails.
"'She is very nervous.
"'A man sits with his arms folded.
"'He does not seem to be too entertained.' Let's see what else is going on in the back.
Okay.
The lady in the front with the glasses is wondering what on earth she's doing here.
The lady in the front with the glasses is wondering what on earth she's doing here.
Oh, the camera continues to pan.
Hmm.
We can't see Runkle of the Bailey.
What is the cam...
Okay, by the way, no joke.
What is the cameraman doing?
Everyone in the audience has now been thoroughly doxxed.
Oh, yes.
The crowd is definitely very young.
Very young.
They look like Depp fans.
If I had to guess, I would say that these are Depp fans.
They have come to look at their favorite Hollywood actor.
Except for this guy in the front right here.
Oh, now we're back.
Darn it.
We didn't see Runkle.
In that entire thing, we didn't see Runkle.
A blonde lady with the leather jacket.
No!
Come on, man!
Runkle's got long hair, but no.
And Runkle wasn't wearing sunglasses.
Or maybe Runkle is at the Bailey.
Well, that was...
Okay.
Sorry, dudes.
I got to do a minor amount of multitasking here.
Give me one second.
Give me one sec.
Sorry.
All right, so what's going on?
What's going on?
And by the way, Elaine, the lawyer for Amber Heard, does she not remind everyone, and she should remind everyone of the lawyer in Liar Liar, the redheadish elderly lady who was Jim Carrey's opposing counsel.
Oh, okay, check locals.
I'm an idiot.
We have the aggregate knowledge of the interwebs at our disposal.
Now, how do I share this?
Okay, so I go like this.
Do I take a chance?
Okay, so we got the photo.
Yeah, hold on.
We're going to take 30 seconds to do this.
Oh, do we see Runkle here?
Dude.
Okay, there's...
No, that's not Runkle.
Oh, there he is!
There he is right there!
That's Runkle!
Right there, people.
Follow my hands.
I'm going to go tap him on the shoulder.
There he is right there.
He's looking down at his phone.
Runkle is probably watching in real time us now seeing Runkle looking down.
Yes, he's looking at me.
Ian.
Nice to see you again.
Oh yeah, now he's looking down.
I'm going to say, Ian, look up and nod your head if you can hear us talking about you.
Oh, you see he just did it.
Amazing.
He didn't do it.
He didn't do it.
That was Runkle.
Booyah!
Well, it's not a bad tie.
Gold is a power color.
Okay.
That was Ronka.
We've seen him.
Now we know he's on the back left.
Okay, but real quick like.
Real quick like.
Let's go share.
Share.
Chrome tab.
Amber Heard.
Where is the Amber Heard live chat?
Here is the picture, people.
Okay, we can see it?
Yes, we can see it.
And I'm saying this.
I'm not saying this to say this.
That looks more like what That looks more like a coleslaw than a split lip.
I'm just saying it.
I've never gotten one.
I get cankers all the time.
And if they're anything like cankers, when you have one, even though it hurts, all you want to do is jam your freaking tongue into it.
And if it's anything like a canker on the inside of your mouth, all you end up doing is biting it over and over again, making it more swollen, making it easier to bite.
Okay, so that's what it looks like, people.
And I tend to agree that that...
I tend to agree that that's what it looks like.
Okay, back to Chrome, back to Johnny Depp, back to Cyborg.
Now, maybe I should just go put a link in if anybody wants to come in here.
No, I'm not doing it.
It's Barnes, and Barnes is coming.
I'm just waiting for Barnes.
I know he's coming.
Unless he's ghosting me.
So hold on, what did someone just say about Nate?
You get cuts there.
Oh, hold on one second.
It does look like a cold sore.
Or a split lip that is really hard to heal and usually scars.
Viva, that blood, that is blood, but the lip is not swollen from a punch.
I can't play that forensic.
That just looks like a cold sore to me.
Or a split lip due to dryness.
Someone said something about Nate.
But anyways, by the way, if you're inclined to go watch us on vivabarneslaw.locals.com, the chat is not only for subscribers, it's for members of the community.
And it's a big...
Beautiful community.
Runkle can see the jury well.
Indeed.
Indeed.
Say his name and he will come.
Barnes.
Anyone seen Candyman?
I remember watching that as a kid.
And if you looked in the mirror after midnight and said Candyman three times, I still won't do it.
That's what an idiot of an adult I am.
Still won't do it.
Runkle can smell the jury.
Hold on.
The Viva Barnes Law chat is not toxic.
Please.
Lolz.
We got WikiLeaks in the house.
Ian Runkle has gotten Julian Assange.
And that I can understand.
So what are they talking about?
Amber picks her lip.
We've seen her bite her lip.
Candyman is terrifying.
And by the way, I think Candyman was based on a true story.
The part about it being a schizophrenic person, there was some aspect of truth.
Hold on.
Candyman, true story.
How much of the 2020 Candyman movie is real?
That's not the one I care about.
The terrifying real-life inspiration behind Candyman.
Yeah, that...
But this looks like the new...
No, that one's the old one.
Okay.
It's been almost 30 years since Candyman first terrorized moviegoers across the globe, and it's a safe bet most of those who bought the ticket and took the nightmarish ride are still afraid to look into the mirror and say the film's name five times.
There's good reason for that, as Tony Todd's hook-handed, bee-bearded slasher was truly one of the decade's most menacing killers, with the film itself taking the urban legend horror genre to bone-chilling new places.
Adapted and directed by Bernard Rose from a short story by horror master Clyde Barker follows a grad student...
Well, hold on.
Where does it say if it's...
Where was the part where there's anything true about it?
Oh, based on true stories.
Okay.
Isn't it?
Maybe it was not based on anything true.
Nah, who cares?
Okay.
Never saw it.
It's an old...
I remember I was a kid when I saw that, and I think I saw it...
We rented VHS tapes at the time.
Viva, it's true those were real projects and the gang members in the background are actual gang members.
I'm not sure if that's a joke or not.
Viva, who is Runkle?
He's a Canadian lawyer.
He's got a channel called Runkle of the Bailey.
And it's a great channel.
He does a lot of firearm stuff because he's into that.
And I'm going to send something to my father.
What are they talking about, man?
What's going on here?
Come on, man.
You're supposed to be live 12 minutes ago.
You're supposed to be live 12 minutes ago.
JD career started in Nightmare on Elm Street.
Yeah, Nightmare on Elm Street is also one of the ones...
That scared the living daylights out of me.
Great YouTube channel.
So Ian Runkle, Canadian lawyer, firearms stuff.
He's into firearms law, takes a lot of that legal stuff, and is into firearms, and apparently he's in Virginia at a shooting competition, and decided to mosey on over and pull an all-nighter to get into the trial.
Oh, hold on.
So he went to get into the trial.
Viva!
That's not a joke.
In Candyman, the project is real, and so are the gang members.
Oh, interesting.
Okay.
Very interesting.
I assume Rumpel of the Bailey is a play on Rumpel of the Bailey.
Yes, it is.
Because Rottenborn is back.
Yeah, Rumpel of the Bailey is...
My father got me to read that when I was a kid.
And I believe that's where my thorough lack of love for literature began.
I'm joking.
I just still fall asleep.
Candyman is 1992.
30 years ago.
I was 12 or 13 when I saw that for the first time.
So JD, JD, Viva Fry, she has Botox mark bruising.
Look at the inner corner of her eye.
Man, would that just be...
If they are able to prove that, that will be so devastating.
Because there's a level that I can't get into a level of scrutiny like breaking things down on the internet.
Oh, look, it looks like...
You could see a hose or an earpiece or whatever.
But they're going to have medical records, presumably.
And they're going to have stuff to contradict her.
And if they can actually get her to admit that these alleged injuries occurred at times when she actually had cheekbone implants, if she did, or a nose job or whatever, can you imagine the damage that that's going to do to movements, to causes, to people's willingness to come forward or to actual victims in the future?
That's not a joke.
Candyman was...
Man, the project is real and the gang members...
It's true.
Look it up.
Those are real project building and real gang members as extras.
Interesting.
Don't worry about it.
Don't worry.
Oh, man.
Now you know how we feel.
They have to make us wave, Viva.
This is...
And look at Amber sitting on the...
She's on the stand the whole time.
Just look at her.
I'll tell her one thing.
I mean, I'll give her credit for one thing.
Nobody wants to go to trial.
Nobody wants to...
This has got to be the most agonizing public scrutiny ever.
Innocent or guilty.
I'd say even, you know, both.
Candyman was Dean Carell, Houston, Texas.
I lived not far.
Aggregate knowledge of the interwebs.
Botox is put in the corner or in the forehead or in the smile wrinkles above the lips.
Well, I'll tell you where Botox is not going to be put in me anywhere.
Anywhere at all.
Yeah, I hate court.
Hurry up and wait.
I mean, quite literally, hurry up and wait.
Okay.
Okay, let's see here.
Can't beat the...
I don't know what that...
Get that out of here.
That's not...
I thought that said CBC and I thought it was a fake news thing and that's not...
Those are not my jokes.
I have certain types of jokes, but not some.
Amber is all portrayed.
Okay, so bottom line.
Hurry up and wait, people.
Amber's sitting on the stand.
Look at her.
Look at her.
She seems to...
She's...
The jury...
I guess the jury's not there right now.
Kind of like Black Aggie Candyman, which is true...
Which is true statue.
They're starting the cross.
Okay, there's Runkle.
There's Runkle.
He knows it.
He knows that we've seen him.
And he knows that we're looking at him right now.
He's smiling.
He knows that he's got an earbud in.
Runkle sat there saying, finally, this is all paid off.
Twelve hours in line.
Waiting in the dead of night.
And yes, now they pan across yet again.
Gotta show...
This is...
It's interesting.
Oh boy.
That dude with the sunglasses.
He is on the edge of his seat.
Press passes in the front, it looks like.
What's on that guy's neck?
Lady in the back there is not entertained.
Apparently, only paid members can talk in the VivaBorn's Law chat.
Anyone can read, which negates my earlier comment.
Okay, good.
Oh, let's see what's going on here.
I got to say one thing.
This has got to be the most awesome learning experience for everyone in that crowd.
So how many are there?
This looks like 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. 41, 42. So it looks like there's 42, about 50 on each side.
No one's on their phone, so I guess they're quite strict on the phone rule.
Might have confiscated their phones.
Runkle's on the phone.
There he is.
Oh, he heard us talk to him.
Now he's looking up.
Oh my goodness.
And that is Law and Lumber, I think, behind the...
Yeah, Behind the Lady in Blue, I think.
Okay, well this is fun anyhow, but Runkle does not know that he is...
Oh, now he's looking at the jury coming.
Looks like the jury's coming in.
Everyone's head has peaked up.
She has to go through this.
She went too far and now has to finish the grift.
To me, it feels like Jussie Smollett.
To me, it feels like a Jussie Smollett situation.
Both in the nature of the allegations and the fact that, yes, this person has dug a hole.
She's dug a hole so far down.
She's at Chief Wiggum territory.
She's like, no, no, stupid.
Dig up.
She's trying to dig up.
Thank you very much.
I've been struggling all day not to chew on this little piece of emergency thing that I've had on the table.
Sending you love and light, Runkle.
Well, he's not going to fall asleep now, but DUI guy is sitting next to Runkle.
So you got DUI guy, then you got law and lumber.
Viva, did you notice that Jussie's...
I gotta read chats before I breathe out.
I don't want to get myself in trouble.
This is JD country.
Oy.
Fans and fans of yours.
Viva!
Long live Viva!
Oh, I can't wait for them to get us.
So what are they doing?
Oof, that was a good one.
It's her duty to dig a deeper hole.
Meh, duty.
It's directly under the earth, son, now.
Yeah, Runkle's chilling, man.
Okay, okay, here we go.
Oh, somebody just winked.
The judge, the lawyer just winked at Johnny.
Who saw that?
Look at Amber.
It was at that moment that Amber wondered, what on earth have I gotten myself into?
She tries to listen to what the lawyers and the judge are saying, but doesn't understand it.
The court reporter sits there waiting to go live again.
Here we go, people.
This is it.
This is the moment of the cross.
Thank you.
Whew.
This is intense.
Not quite as intense as the moment the Rittenhouse verdict was read out.
But this is intense.
I would not expect dynamite or explosions in the sky before the end of day today.
Yeah, I'm actually a little bit nervous.
Can you imagine the cross-examining attorney has got to be pooping in her pants in the legal sense.
This is...
Good afternoon, Ms. Heard.
Good afternoon.
Starts off polite.
Mr. Depp hasn't looked at you once this entire trial, has he?
Not that I've noticed, no.
You've looked at him, though, many times, haven't you?
Yes, I have.
You know exactly why Mr. Depp won't look back at you, don't you?
I do.
He promised you you would never see his eyes again, isn't that true?
I don't recall if he said that.
One of the last times you ever saw Mr. Depp...
It was when you met him in San Francisco in July of 2016, right?
That was the second to last time I saw him, yes.
And this is after you had publicly accused him of domestic violence.
This is already...
The restraining order before that, yes.
This is already serious.
And this is after you had obtained the domestic violence restraining order against him.
She's not going easy.
Let's please play plaintiff's exhibit 1229.
For the record, it's at 1101 through 1209.
I'm going to ask that it be admitted into evidence.
Any objection to 1229?
Yep.
This is already good.
Yes.
All right.
1229.
You want it entered in its entirety?
Yes, please.
Okay.
1229 entered in its entirety.
You wanna play your section?
I don't understand.
Oh no, I heard they'll say that all this- I just wanted to touch you!
Really?
After all this shit you just said?
Yes, I just wanted to give you a hug.
After all this shit you fucking used me up and wanted to touch me?
Yes, yes, please, please.
Please stop.
Please, I just wanted to hug you and say bye.
I didn't want to take it back.
We did that last night.
He's fine.
That was good enough.
Bye.
No, because I'm nothing to you, and I will always be nothing to you.
Come on, you're not my shrink.
No, we'll never see each other again.
Don't take my fucking glasses off.
You know, like fucking looking at my fucking eyes, you will not see my eyes again.
That's you and Mr. Depp in that recording.
That is.
And this is from when you and Mr. Depp met in San Francisco in July of 2016, right?
Yes, that's what it sounds like.
That was in the hotel.
We met once after that as well.
This is after you publicly accused him of domestic abuse.
Yes, and got my TRO.
And he tells you, you will not see my eyes again, doesn't he?
Yes, he does in that recording.
And he kept that promise, hasn't he?
As far as I know, he cannot look at me.
He won't look at you, right, Miss Hurd?
He can't.
I can't raise the audio from the recording being played in court.
One of the first questions your counsel asked you in direct is, why are you here?
Do you remember that?
I do.
Let's please play into Exhibit 357A, which is already in evidence, Your Honor.
And for the record, it's 2122 through 2140.
Johnny, and see what the jury judge thinks.
Tell the world, Johnny.
Tell them, Johnny, that I'm a victim too.
Yes.
And I, you know, it's a fair.
Yes.
She couldn't answer a question from her own attorney.
That's your voice on that recording, right?
Yes, it is.
Yes, it is.
And you said to Mr. Depp, quote, you can tell, you can please tell people that it was a fair fight and see what the jury and the judge think.
Tell the world, Johnny.
Tell them, Johnny Depp, I, Johnny Depp, a man.
A victim, too, of domestic violence.
End quote.
That's what you said, right?
I was saying it to the man who beat me up, yes.
This is how she's going to try to interject every...
The man you beat up.
Numerous times.
Right, Ms. Hurt?
I could never hurt Johnny.
Did you, though?
You're here in this courtroom because Mr. Depp finally told the world that he's a victim of domestic violence.
I could never hurt Johnny.
I know that he is suing me.
But he's had worse.
And has sued other people or corporations that have said that as well.
You didn't think he would tell the world he was a victim of domestic violence, did you?
I found it hard to believe that he could or that he would do that, considering the relationship he and I had.
I thought it would be crazy for him to do so.
Knowing what I know we lived through.
She just said, I could never hurt him.
Or, as you said to him in the recording, who was going to believe that Johnny Depp, a man, is a victim of domestic violence, right?
With all due respect, I wasn't saying it because he's a man.
I was saying it because he's a man who beat me up for five years.
Mr. Depp is your victim, isn't he?
Well, don't expect her to answer that question.
No, ma 'am.
And once he left you, you continued to abuse him publicly.
By calling him an abuser, didn't you?
He is an abuser, and you can look either of us up online and figure out who's being abused online.
Let's look at some of that.
Thank you.
Thank you for the suggestion, Amber.
Doesn't he misheard?
That's my experience, yes.
And they're not delicate rings, are they?
No, they are not.
I'm going to be talking more than the other streamers people.
Every one of the singers is adorned, your words, big, chunky rings.
Isn't that right?
That's my experience of him.
And Mr. Depp is always wearing rings.
Evasive.
That's my experience of him.
And you've never known him not to wear these rings?
That's my experience, is he normally wore rings, yes.
Play the clip from Ace Ventura.
Mr. Depp was wearing these big, chunky rings on every finger, every incident of abuse you've described to this jury, right?
I can't say for certain it was in every single incident.
But you've never known him not to wear rings, right?
In general, my experience with Johnny is that he wears rings almost all the time.
This is going very badly.
Ms. Heard, do you recall giving testimony in a deposition in this matter in January of this year?
I do.
Can we please play?
She doesn't like this.
From your deposition, day two.
Page 512, lines 11 through 15. You know that she's not happy with what's coming right now.
Guaranteed, based on the way she just asked that.
Answer that.
You said he hit you and he was wearing rings, right, Miss Hurd?
So he hit you with rings on every finger?
I don't know if I've ever known Donnie to not wear rings.
Sir, you testified to an incident in March of 2013 where Mr. Depp hit you in the face multiple times.
Do you recall that?
That's correct.
And you testified, quote, you don't know how many times he hit you in the face.
That's correct.
So Mr. Depp hit you in the face multiple times while he was wearing rings on this occasion, correct?
I don't know if he was wearing rings.
Which occasion in March are you referencing?
The testimony that you gave on day 15 of this trial.
March of 2013.
You weren't specific as to the day.
There were several incidents.
The one where he hit you several times in the face.
It was your testimony.
You testified to it.
I'm sorry, just so I understand better.
There were several incidents in March.
Which one are you asking me about?
The time that he hit you several times in the face wearing rings.
As per your testimony.
March of 2013.
Right.
What are you asking me?
I'm sorry.
He was wearing rings on that occasion?
I pretty much always knew him to wear rings.
So that's a yes.
Defendants Exhibit 170A, which is already in evidence, Your Honor.
It's funny because at one point, in the early stages of the trial, I didn't know about the rings.
This is the picture you took after that incident, right, Ms. Hurd?
Yes, that was one where he grabbed me.
Now she's changing her testimony a little bit.
And hit you in the face so many times that you don't remember.
Isn't that correct?
That's correct.
Okay, there you go.
And there's no injuries to your face in this picture, are there?
Not that this picture shows.
And there's no medical records reflecting that you sought treatment after this alleged incident either.
I did not seek medical treatment at this time.
At this time, did you ever?
There's no medical records reflecting any injuries to your face after he hit you several times.
Did she ever?
I did not need to go to the doctor at the time.
Despite hitting you several times that you lost count with rings on his fingers.
That's correct.
I did not.
Seek medical attention.
Other than my therapist.
This time.
I'm curious if she ever went.
Testified to another incident in March of 2013 where Mr. Depp hit you while he was wearing a lot of rings.
Do you remember that testimony?
Yes, ma 'am.
When you testified you felt like your lip went through your teeth and it got a little blood on the wall.
On the wall.
Yes.
I remember that.
There isn't a picture of you with injuries after that alleged incident, is there?
No, there's not.
I don't know if I've seen one.
I can't recall.
There are a lot of pictures.
Passive.
You didn't produce any photographs after that alleged incident, did you?
I don't know if I took one or if it's included.
I'm not quite sure which ones.
You didn't show any pictures to this jury after describing that alleged incident, that your teeth, your lip went into your teeth.
You don't remember that, right?
You didn't show any pictures to this jury after describing that incident, right?
We said it at the time.
I don't believe I've seen that picture admitted.
That presumes it exists, Amber.
That picture doesn't exist.
I don't know which one you're talking about.
We have pictures from March 2013, yes.
The only picture that you've produced and shown to this jury is the one that was just put up on the screen where you said he hit you multiple times in the face and you appear to have what is a bruise on your arm, correct?
I believe this is the only picture that's in evidence right now.
Right now.
You had three days.
The only picture you've shown to this jury from March 2013, correct?
I believe so.
Okay.
My goodness.
Okay.
Magnificent.
You testified about an incident in Russia on or about June 26, 2013.
Do you remember that?
Yes, that's correct.
You testified that Mr. Depp, quote, whacked you in the face.
That's correct.
And you went to the bathroom after that, right?
I did.
And then, according to your testimony, when you came out of the bathroom, Jerry Judge, Mr. Depp's security guard, who's passed away, pointed out that your nose was bleeding, right?
He did that in the hallway.
You said you hadn't known that your nose was bleeding until Jerry Judge pointed it out to you?
Yes, that's correct.
I was unaware until he brought it out to me.
I didn't see it when I was in the bathroom.
I think she said she thought her nose was broken at this time.
So it's your testimony that you went into the bathroom and didn't look in the mirror, which I assume was in the bathroom.
To notice that your nose is bleeding?
That's not why I went into the bathroom.
I went into the bathroom crying.
I don't even know if I paid attention to the mirror.
I certainly didn't enough to notice any blood.
You didn't take any pictures of your bloody nose either, did you?
I did not.
But pictures were taken of you in Russia, though.
Isn't that correct?
Yes, that's correct.
We had a press or a dinner.
Oh, she's in trouble now.
Aggregate knowledge of the internet.
There's going to be a dinnertime photo here, not a mark on here.
If this is the photo I'm thinking about.
This is a picture of you and Mr. Depp in Russia, correct?
That's correct.
I'm going to move to admit.
No objection.
1, 2, 4, 8 in evidence.
You can publish.
Etienne, I suspect you're not.
This is you and Mr. Depp in Russia for the Lone Ranger premiere, correct?
Oh my goodness, look at that picture.
It was a dinner function, I believe, in promotion of the movie.
Wasn't the premiere, if I recall.
Although if she's paying attention...
None that you can see.
He doesn't have rings on here, though.
at least not on the left hand exhibit 1249.
Does Johnny wear rings on his left hand?
That's the question.
This is a picture of you, isn't it, right?
That's correct.
Again, she doesn't like this answer.
She doesn't like this question.
Exhibit 1249.
1249 in evidence.
There's something a little bit on her upper lip there.
This is also a picture from when you were in Russia for the Lone Ranger premiere, right?
That is correct.
You have no visible injuries to your face, do you?
She might say something about the lip.
Even though Mr. Depp whacked you in the face so hard that your nose bled?
He did.
While wearing chunky big rings, right?
She's done.
That's correct.
You also testify that Mr. Depp, again, whacked you in the face after the Met Gala in May of 2014, right?
That is correct.
You testify that you thought he hit you so hard he broke your nose.
That's the one.
That's correct.
You said your nose was, quote, swollen, discolored, red.
She took notes.
That is correct.
I took a picture of that.
Yeah, let's see the picture.
You testified you took a picture of your face after this.
I did.
But you didn't show that picture to the story, did you?
I would like to.
But you didn't show it.
You didn't show it.
That's not up to me.
No, it's up to rules of evidence.
Why was it not allowed?
What picture is she talking about?
I understand you are under an obligation to produce all photographs after any alleged incident of violence, right, Ms. Hurd?
I produced everything.
So then you don't have it.
I didn't produce any photographs after the Met Gala.
I produced everything.
Evasive.
Okay, this is fantastic.
You also understand that you're under an obligation to produce all medical records reflecting any injuries you allegedly sustained from Mr. Depp, correct?
That's correct.
And you haven't produced any pictures or any medical records reflecting a broken nose after the Met Gala in May of 2014, have you?
I have given everything to my lawyers.
See, she won't say no.
She won't say no because she can't.
So the answer is no.
Did your testimony misheard that you sought medical treatment after Mr. Depp allegedly broke your nose after the Met Gala?
I did not.
Not after the Met Gala.
I did not seek medical attention, no.
You also attended an event after the Met Gala in May of 2014, didn't you?
That is correct.
You went to the all-star comedy tribute to Don Rickles.
That is correct.
That was the next night after the Met Gala.
That is correct.
And there were pictures of you taken at this event.
Yes.
Again, she did right there.
Yes.
She's not going to like this.
Yes.
Yeah.
Yeah.
Oh, my goodness.
Is this a picture of you, Ms. Heard?
Yes, it is.
At that event?
Yes, it is.
The night after the Met Gala?
Yes, it is.
The night after Mr. Depp allegedly broke your nose.
I'm not sure if it was broken, for the record.
But, yeah, you should see what it looked like underneath the makeup.
Oh, yeah.
He laughed you so hard in the face that you thought you had broken your nose.
Under the makeup.
The makeup can hide a swollen nose.
Permission to admit this photograph.
Show us the picture, please.
The chat wants to see it.
Can we zoom in and enhance?
Oh, Dawn Rickles was alive at the time.
That's a picture of you, Mr. Duff, and Dawn Rickles, right?
That is correct.
My...
Can you enhance it?
Exhibit 1253.
Oh my gosh, this is...
This is another picture from that evening, right, Ms. Hurd?
Yes, it is.
She does have a flawless face.
Admit.
Exhibit one, two, five, three, and publish it.
Immaculate, like a porcelain, like a perfect porcelain statue, figurine.
This is a picture of you and Mr. Depp at the event the night after Mr. Depp allegedly whacked you in the face so hard you thought he had broken your nose.
He did whack me in the face, and I did think it broke my nose.
And this is you the night after.
She's going to start crying.
She's going to start crying.
Look at the way she's sitting in her seat now.
Leaning forward, like anxious.
This is also a picture of you at the same event.
Correct, Ms. Hurd?
That is correct.
Move to admit.
Plaintiff's exhibit 1254.
This is good.
This is good, Cross.
Just to confirm now that the jury can see it.
This is a picture of you at the same event, the night after Mr. Depp allegedly whacked you in the face so hard you thought he broke your nose.
This is a picture of me after he did whack me in the face.
The night after, right?
Yes, it is.
I believe it was the night after, yes.
Your nose doesn't appear to be injured in any of these pictures, does it, Ms. Hurd?
Makeup.
It's makeup.
I'm wearing makeup.
Your nose doesn't appear to be injured in any of these pictures, does it, Ms. Hurd?
That's why I'm wearing makeup.
And makeup covers up swelling, right?
Makeup will not cover up swelling.
Ice will, though.
Ice will cover up swelling?
This is pathological.
Ice reduces swelling.
This is pathological.
Normally, this happening after that kind of injury is not as bad as you might imagine.
And for me, it wasn't that bad.
I have a picture of it underneath the makeup.
That's how I know how to reference it.
A picture you haven't produced or shown to this jury, right, Ms. Hurd?
I produced everything.
But you haven't shown it to this jury.
I would very much like to.
It's not my job.
It's her lawyers.
After this lawsuit, Elaine's getting an ethics complaint from Amber.
This is...
She's absolutely...
I'm just curious.
I'd like to see the people who were...
I won't say on Team Heard, but the people who were accusing me of being on Team Johnny.
How do you respond to this?
This is over the top.
Oh, ice reduces the swelling.
I'll tell you.
Everyone's gotten smacked in the nose on purpose or by accident.
My wife, Marion, got hit in the face with a Frisbee.
I told the story.
She didn't break her nose.
She got two black eyes.
And like, I don't care how much, short of putting on like a total recall mask.
You can't hide that, nor do you even try to.
But the ice took care of the swelling, and you have an immaculate porcelain figurine bridged down the nose, not a scratch on her anywhere.
And she expects the jury to swallow this.
That's the level of narcissism.
She expects the jury to swallow this.
The day after, with his rings.
Wow.
And what's she talking about?
She's basically talking, she's implying that she has provided evidence to her attorneys that was not adduced into evidence for whatever the reason.
Maybe it was excluded on evidentiary grounds.
Maybe it was excluded because they didn't provide the metadata for it.
She's now trying to tell the jury, I had more evidence.
I had three days on the stand, but I had more evidence.
It's not my job to get it in there.
I gave it to my lawyers.
You'll have to trust me.
This is...
Doing a great job also because I...
Two weeks.
Two weeks.
Viva, exactly.
Whose side are you on?
Okay.
I'm on the side of the truth.
And that's it.
But this is...
Can you imagine this?
Like, she's got so used to people just believing her lies that she hasn't even thought about how to back it up.
Like, you're at press gallery events.
I wouldn't be surprised if they're going to have photographs after the events where she might be more décontractée, as we say, like, more casual.
But enhance.
Zoom in.
Show me the nose.
Oh, it was so badly smashed.
It was bleeding and she thought it might be broken.
Ice.
Magic ice.
No, someone said, you know, Johnny feels bad for her.
I'm on the side of the tooth.
You can't handle the tooth.
No truth tellers are you.
I deride your truth handling abilities.
If I'm Elaine, again, look at the lip curl.
Yep.
I'll notice what I'm drawing as parallels in behavior, but yeah.
When my daughter broke her nose, she never got black eyes, but her nose swelled three times the size.
I don't want to play doctor.
I don't know if it depends on where you break it or...
I've never known anybody to break a nose, like actual break a nose and not get black eyes, but yeah.
Okay, well, she came out swinging, but, and not just like swinging and fighting with the witness.
Here are the photographs.
Contextual.
Here's the, in March, and Amber Heard thinks that she's making a point by saying, which time in March there were more than one?
Oh, I'm sorry, because you only submitted one photograph.
Of all of March.
So I don't care which one it was.
This is when you said he struck you in the face with his rings because I've never known him not to wear rings.
And which one?
Was it one of the three times?
I don't know, but you got one photograph.
And it's got a bruise on the outside of your arm.
And if I'm playing doctor, that bruise looks old.
That bruise looks like a bruise that has aged a little bit because they don't turn deep purple green until a few days or more after.
Let's see here.
This is epic.
My grandson broke his finger five days ago, still swollen, even with a splint on.
Well, fun fact of science.
Do you know why the finger swells?
That's nature's splint to prevent you from moving it.
I broke my pinky toe.
One day, I'll reveal a picture of my broken pinky toe.
My entire foot filled up with blood.
All along the pinky toe to my heel on the left side of my foot.
Purple.
Because there's internal bleeding that's going on.
Miss Hurd, you testified that in January of 2015, there was an incident in Tokyo before Mr. Depp's Mordecai, the film Mordecai's premiere.
Is that correct?
That's correct.
You told this jury that on this occasion, Mr. Depp was kneeling on your back.
That's correct, in the closet.
You also told this jury that you wore a backless dress to the Mordecai premiere that very same night.
Oof, like a scalpel.
And you testified that you were checking for bruises in the car on the way to the event to make sure that there were, quote, no visible marks, right?
I was checking on my phone after the event to make sure that they couldn't see anything.
Your testimony was that you were checking in the car on the way to the event.
To make sure that there were no marks on your back.
Perhaps I misspoke or misunderstood on the way back.
It was after I was concerned.
After, you know, concerned that there would be marks in any photographs since we were being photographed at Johnny's press event.
Distinction without a difference.
You didn't show this jury a picture of you in that backless dress, though, did you?
No, I didn't.
I don't know what you mean.
I'm sorry.
You didn't show this jury a picture of you at the Mordecai premiere.
Wearing a backless dress, did you?
I haven't had the opportunity to.
Okay.
No, only three days, Amber.
Let's please pull up Plankist Exhibit 1256.
This is a picture of you and Mr. Dapp, or the back of you, at the Mordecai premiere in Tokyo, correct, Ms. Hurd?
That is correct.
Your Honor, I move to admit and publish this picture.
Let's see it.
Let's just look.
I'm a married man.
This is only for work, people.
Is that a tattoo on her back?
This is you in the backless dress at the Mordecai premiere in Tokyo, right?
That is correct.
That's a tattoo on the left-hand side.
There are no bruises or visible marks on your back in this picture.
Not that I could see.
I'll show you one other photo.
If we could please have plaintiff's exhibit one, two, five, seven.
That is a tattoo.
Okay.
This is a front angle picture of you and Mr. Duff at that premiere, correct?
That is correct.
Move to admit.
Plaintiff's exhibit one, two, five, seven.
Sorry, one, two, five, seven.
I thought someone said what the tattoo was, but I read the chat.
I'm not bringing it up just yet.
Okay.
I'll show you one more picture.
By the way, those people behind her are like a foot and a half off of her back.
And again, Ms. Heard, this is you and Mr. Dapp at the Mordecai premiere?
Yes, it is.
Move to admit plaintiff's exhibit 1258.
All right, one, two, five, eight in evidence.
Yeah, this is a...
By the way...
And that's the backless dress, right, Ms. Hurd?
That is correct.
She's objectively, stunningly beautiful.
And Johnny Depp is objectively handsome, so it goes both ways.
Yes, that's correct.
You testify that after this alleged incident, you had cuts on your forearms, right?
Yes, that's true.
You testified that you had cuts on the bottoms of your feet as well.
Yes, that's true.
They're going to end the day on this, by the way.
You testified that you had a bruise across your jaw from when Mr. Depp, quote, clocked you in the face, end quote.
That's true.
You didn't take any pictures of these injuries while you were in Australia, did you?
I don't think, no, I don't think I took any pictures.
You just took two pictures of Mr. Depp's writing on a mirror.
Isn't that right?
I believe so, yes.
So you had your phone on you, right?
At some point I did have my phone.
And your iPad?
I had my iPad, I believe.
You testified that you were also raped with a liquor bottle in Australia, right, Miss Heard?
Yes.
You testified you bled from your vagina as a result of that sexual assault?
Yes.
There aren't any medical records reflecting that you sought medical treatment for any of these injuries, are there?
I did not seek medical treatment after Australia, no.
Not for the rape?
No.
I did not want to tell anyone.
Not for the cuts?
No.
Not for the injuries to your face?
I didn't need to.
I didn't need to?
You also told the jury about an incident on December 15, 2015, right?
Where?
I'm sorry.
December 15, 2015.
Yes, that's correct.
You told the jury that after this incident, you had a broken nose.
It certainly felt like it.
Didn't need to.
I didn't need to take the picture.
It wasn't about the doctors with the pictures.
this trial You were on the oath, right?
Yes.
No, dude, I think...
Oh, the poll.
I'll put up a poll.
I think it's going to be 1,000%.
Can it be past 100%?
Okay.
All right.
We'll get it.
My goodness, the chat is moving fast.
Hold on a second.
I will too.
Thank you, Judy.
my goodness Ola's up.
New community poll, people.
This is how, I mean, it's easy to say she's doing such a good job.
This is how you do a cross-examination.
You have your evidence.
There's a couple times asking a question and then not getting the answer and just moving on, but you know where you're going with the questions and you have the receipts to, you know, the punchline.
If I can please direct your attention, Ms. Hurd, to page of Day 16, 4593.
the jury trials transcript.
Seems that a lot more people, a lot fewer people are interested in just showing the results and have now taken a position.
Do you believe her now?
Yes.
No.
Hell no.
Just show results.
It seems that last time we had like 18% who just wanted to see results.
Now we're down to five.
Eight through 13. On which page?
I'm sorry.
4593 Yes.
Starting on line eight.
I thought I probably had a concussion and certainly that I had a broken nose.
There was a blood everywhere, blood all over the pillows.
My head was bleeding from the ripped out hair, chunks of hair on the floor, all over the place actually.
So lines nine.
That I had a broken nose.
Do you recall giving that testimony, Ms. Hurd?
Yes, exactly.
So you had a broken nose, right?
That's absolutely what I thought.
Oh, no.
You had two black eyes after this incident, right?
Sorry.
I did have two black eyes after that incident.
You testified that you also had a busted lip from when Mr. Depp punched you.
That is correct.
From December?
Yes, that's correct.
You testified that the lip wound kept reopening when you moved your mouth.
That's correct.
You also testified that you had bruising on your temple.
That's correct.
And bruising on your chin.
Correct.
You also testified that your head was bleeding from where Mr. Depp ripped chunks of your hair out.
I remember, yes.
And that you had, quote, gross pussy, end quote, bruising around your temple.
In my scalp, yeah.
Now, for this incident, you did take pictures, correct?
That's correct.
And we will look at some of those in a minute, but I first want to talk to you about your appearance on The James Corden Show.
Sure.
Can I close this?
Sure.
Barnes will be here tomorrow, I guess.
You appeared on The James Corden Show the day after this alleged incident, right?
I did.
And that was December 16, 2015?
Yes, that's correct.
Let's please pull up a clip of your appearance from that evening.
If we could, plaintiff's exhibit 35. And for the record, we will only be playing a portion of this, so we will call it plaintiff's exhibit 35A.
Sorry, any objection?
I don't want YouTube or NBCUniversal claiming this.
Oh, really?
Not a big ballet community out there in Texas.
No, no, not so much.
Shooting guns?
Yes, but ballet, no.
So I wanted to train for it, and there were some ballet sequences that we wanted to have the option to incorporate into the movie, so I trained forever, and I have two left feet.
I'm the most klutzy person in the world, and I have no, what do you call it, race?
Your Honor, I'm so sorry, but it's not published to the jury.
We may have it, please, published.
Apologies.
If we can please start that over.
Start it over.
I'm sorry.
Thank you, Your Honor.
Enhance.
Zoom in.
I grew up, you know, in Texas riding horses.
That's the side of the head where she said she had the...
Big ballet community out there in Texas.
No, no, no.
Not so much.
Shooting guns?
Yes.
But ballet, no.
So I wanted to train for it and there were some ballet sequences that we wanted to have the option to incorporate into the movie, so I trained for...
Ever.
And I have two left feet.
I'm the most klutzy person in the world.
And I have no, um, what do you call it?
Grace?
I knew I had to train for it, and what they don't tell you, I mean, I crammed about three months of solid training in, and I'm kind of like working my way up from the floor and learning the technical aspect of ballet, and I've got these dances down technically perfectly.
There's no cut on her lip.
And James Corden sucks.
I mean, that's the biggest problem of all this.
And I haven't yet got to that point, but everything else is working.
I'm acting it up on my face and I'm selling the ballet.
And I think I'm doing really good at this point, kind of nailing it.
And so I send videos and images to my friends.
This has got to be so awkward for her to watch this.
Get encouragement, look for their support.
And everyone shoots back, what?
With the claw hand.
Under the hair, under the makeup.
So what were your hands doing?
You know, I'd be doing like a jump with a back bend and you can see this graceful falling and my hands are like...
Well, if she never gets an acting job again, she'll get a makeup job in Hollywood.
Beautiful 1920s, you know, stage makeup on and like flower crowns and all this stuff.
And then my hand and my face and then my hand.
Yeah.
Oh, they use that.
Yeah.
What do you say?
Where was it?
That was you on the James Gordon show on December 16th, 2015.
Right, Miss Hurd?
That was.
Yeah.
Let's please pull up Planetary's Exhibit 98. It was.
It was so amazing that I hid all of it.
These are pictures of you on the James Corden show on December 16th, 2015, right, Ms. Hurd?
They look like freeze frames, like screen grabs, stills.
They're not like a photo shoot, it doesn't seem.
But on the James Corden show, correct?
From that appearance, yes.
Move to admit and publish plaintiff's exhibit 98. All right.
You could move the microphone and turn it on for you.
Judy and I are having trouble hearing you.
Sorry about that.
All right.
Thank you.
All right.
98 in evidence.
Thank you.
Go to the law channel.
Tell them to come here.
That's a photo of you opening your mouth on the right.
That's correct.
And again, a larger view of the same photo on the bottom.
That's correct.
With a split lip.
You've seen pictures of it without makeup.
Oh, she thinks people are stupid.
Absolutely.
She thinks people are stupid.
You did take pictures of your alleged injuries after December 15th, correct?
And you showed those to this jury?
I sure did, yes.
Please pull out defendants exhibit 516, which is already in evidence.
She's making a face that would split an otherwise already existing split lip.
For anybody who's ever had a split lip, the last thing you want to do is...
You testified that this is a picture of you after the incident on December 15, 2015, right?
It was.
And if we could also please pull up Defendant's Exhibit 517, which is also in evidence.
Hold on one second.
Okay, can we compare that to the first picture?
This is also a picture of you after the incident on December 15, 2015.
That's correct.
If we could please pull up plaintiff's exhibit 409, which is already in evidence.
Okay, going to the aggregate knowledge of the interwebs.
These pictures ended up in People Magazine in June of 2016.
Isn't that right, Ms. Hurd?
You cannot hide a split lip.
You gave these pictures to People Magazine after you publicly accused Mr. Depp of domestic abuse, didn't you?
I didn't personally know.
This is you protecting Mr. Depp after you got the restraining order against him, isn't it?
No, this is him calling me a liar and me forcing to prove it, as I mentioned to you earlier.
So you did give these pictures to People Magazine?
No, not her.
Someone did.
No, I gave these pictures actually to my lawyers and my representatives at the time.
So it's your testimony, Ms. Heard, that your lawyers and representatives gave these pictures of their client to People Magazine in the middle of a contentious divorce?
I certainly did not personally give it, no.
That's not the question, Amber!
Did you authorize your agents or attorneys to do it?
And did you get paid for it?
You also have a medical record from after the December 15th, 2015 incident.
Speaking of PR.
A partial one, yes.
You went to see Dr. Kipper's office a couple days later.
That's right.
He wasn't in the office.
Can we please pull up Plantas Exhibit 47, which is already in evidence?
Do you recall her accusing Johnny of having a PR firm?
This is your medical record for December 17, 2015, isn't it, Ms. Heard?
That's correct.
And this record doesn't document any physical injuries on you, does it?
I don't think so, no.
I don't think I spoke to Kipper.
I didn't speak to Kipper that day.
But you went to Dr. Kipper's office and were seen, correct?
I went to Dr. Kipper's office for a concussion check.
Right.
Okay.
And this medical record is from that visit, correct?
Partially, yes.
Scroll down, please.
Ooh, Camille knows where she's going.
Just remember the accusation of a PR campaign.
Signature, Kipper, down below.
This is the entirety of the medical record.
Right, Ms. Hurd?
Yes, what I meant by partial is I didn't talk about what happened to me.
I didn't get into my injuries.
I didn't get into what happened or ask for anything other than should I get some sort of scan done.
But this record doesn't document any physical injuries on you, does it?
I'd have to read it in full, but I don't know.
Well, let's do that.
Oh!
Okay.
Please go.
Let's do that.
Well, under skin on the second page.
It reads intact, normal color, moisture, hair distribution, texture, turgor.
Moisture.
No signs of...
Oh, this is going to be hard.
Cyanesis?
Mottling jaundice?
Cyanesis.
It also says I'm a well-nourished male.
Right.
I have no idea what that means.
I think this medical record's missing a lot of things.
Oh, yeah.
It doesn't document any physical injuries.
It doesn't seem to be documenting anything.
Oh, yeah, no.
Probably because there was nothing to document, right, Ms. Heard?
I disagree with you on that.
You don't have any medical records reflecting that you broke your nose during your relationship with Mr. Depp, do you?
Please get to a nose job or cheekbones.
I saw an ENT after my relationship ended.
What did you see the ENT for?
And it's your testimony under oath that you saw an ENT for broken noses that you sustained as a result of Mr. Depp?
No, but the ENT told me I sustained multiple fractures.
I'm going to move the strike.
I'll sustain the objection.
I'll move the strike.
Oh my goodness.
That's dirty.
We'll remind you about that.
That's dirty.
She went to see an ENT for a nose job.
There's no medical records reflecting that you broke your nose during your relationship with Mr. Depp.
Is there a misheard?
I don't know what made it in evidence, but I do know that I documented that visit and that everything was given to my attorneys.
She went to the ENT or surgeon to treat a broken nose during your relationship with Mr. Depp.
Yes or no?
I never sought treatment for a broken nose while I was with Johnny.
And she went to the ENT after for another reason.
As a result of any injuries you sustained as a result of Mr. Depp.
Afterwards, yes, I did.
And you didn't produce those medical records in this case.
I'm going to object, Your Honor.
She did.
I did.
I don't know.
They have not been produced, Your Honor.
I'm predicting this.
I don't know.
And if I'm wrong, I'll be wrong.
She went to the ENT for cosmetic work.
And she did not go to repair a broken nose.
Or she did not go for a broken nose.
And that's why she refused to answer that question like that to the jury.
You didn't go for the broken nose.
No, but when I went, he told me I had sustained a broken nose in the past.
And by the way, I don't know if a nose heals broken.
I mean, I'm thinking like Owen Wilson level broken nose, but I guess if you could have evidence of a healed broken nose that looks intact.
She went to the ENT for something unrelated to injury, and she doesn't want to say it.
She just wants to imply that she went...
To the ENT to repair the broken nose when she didn't.
And now she's just going to claim that while I was there for another reason, the ENT told me I had sustained a broken nose.
You don't have any medical records reflecting that you require any dental work during your relationship with Mr. Depp, do you?
Answer's no.
It's not a tough question.
I don't know.
I don't recall.
You don't recall?
One way or another, seeking dental care for any injuries you allegedly sustained.
You asked me about if I had produced records or if I had records.
That's a different question.
Did you ever see a dentist or an oral surgeon as a result of any injuries you sustained?
Not a dentist, Andy.
Not about any injury I had from Johnny, no.
Okay.
But I went to the dentist.
You don't have any medical records reflecting that you required any reconstructive work during your relationship with Mr. Depp, do you?
I never required reconstructive work, so there would be no records.
How could you ask me that question?
What you do have, Ms. Hurd, are pictures of Mr. Depp sleeping, though, right?
Got it.
Camille's been watching the internet.
Yes.
Ms. Hurd, let's take a look at Defendant's Exhibit 1090, which is already in evidence.
All these hurt my ears.
You took this photograph, right, Ms. Hurd?
That's correct.
And you testified that this was taken in Tokyo in July of 2013, correct?
Yes.
They're going to get her on this.
So you decided to take a picture of Mr. Depp asleep on the floor?
He was passed out.
The answer is yes or no.
And I took a picture of him because he wouldn't remember.
He claimed he didn't pass out that way.
And sometimes security would carry him like a baby into bed, get him changed.
And he would be none the wiser.
So I started taking pictures of it so that he knew that it was real, that it had gotten this bad.
Let's take a look at Defendant's Exhibit 1091, which is already in evidence.
You took this picture as well.
Yes.
And this is the picture that was taken in the Bahamas, right?
It's one of them, yes.
And this is a picture of Mr. Depp taking a nap on his tropical island?
I believe he was on the nod, but as he would say.
Sleeping on the nod on his island.
How about you just leave him alone if he's taking a nap?
And yes, he is on the island.
On vacation.
We were on vacation, yes.
Let's also take a look at Defendant's Exhibit 1092, which is also in evidence.
We also took this picture, right, Ms. Hurd?
That's correct.
I did.
That's correct.
And this is another picture of Mr. Depp asleep in a chair.
Because I know that it makes me look like an absolute psychopath.
No, he was nodding off.
But I have to answer the question.
When you're nodding off, you're high on drugs, didn't even feel the cigarette in his hand that had been burning on his leg.
Offering unnecessary information.
It's called for alarm for me, naturally.
Oh, yes, naturally.
Because I cared about him.
Oh, my goodness.
That Mr. Depp is holding a cigarette in this picture?
He had been.
You seem to really like taking pictures of Mr. Depp while he's sleeping, don't you?
I hated it.
I hated it.
But I just did it so damn well.
look at defendants exhibit 1094 which is also in evidence You took this picture of Mr. Depp as well, didn't you?
I did.
There's a pillow behind him.
You decided to take a picture of Mr. Depp asleep with ice cream spilled all over him, right?
He was nodding off, and I was worried about how bad the medications and the medications...
So I took a picture!
...had gotten, where he wouldn't even feel ice cream or a lit cigarette on him, and it scared me.
So you took a picture of it?
Yes, I wanted him to get help, and Johnny's surrounded by enablers who clean up after him.
Objection.
I'm going to move to strike everything after yes, that she took this picture.
Still responsive.
Strike it.
Strike it.
All right.
I'll sustain the objection.
Move to strike.
This isn't a very flattering picture of Mr. Depp, is it?
What did she do with that picture afterwards?
You wouldn't agree that this is, or you would agree with me that this is an embarrassing scene, right?
Yes, I think it's a part of getting help.
While you're doing MDMA and mushrooms.
I don't recall.
If we could please pull up Defendants Exhibit 252.
We'll only be looking at the portion of this document, so if we could please call it Defendants Exhibit 252A.
And for ease, we've gone ahead and redacted it.
Yes, I was asking for support.
That's correct.
No, that's not what she asked.
That's not what she asked.
I'm going to move to admit.
Zivet 252A.
Any objection?
Any objection, Ms. Brutto?
Could you turn on your microphone again?
Thank you.
I need to see it first because I don't know what they redacted.
Who redacted the identifiers?
Who does it?
Her explanation could be plausible.
She wanted him to get help.
Did she send it to him?
Or did she send it to her friends?
Thank you.
You heard me?
We approach?
Okay.
She's doing drugs, recording him nuts.
That's the other thing.
She wants him to get help.
She cares.
This person is doing...
It's no judgment.
If you want to do that, as long as you don't hurt yourself or your kids.
I don't do that, by the way.
I'm not into that.
If you want to do that, that's fine.
She said, I'm doing MDMA mushrooms, capsules.
I don't know what else.
I've done cocaine, she said.
And I'm so nervous about Johnny.
I just want him to realize he's got a problem.
So I take pictures of him while he's sleeping so that I can use them later on to claim that he abused me because I don't have any actual concrete pictures to substantiate the grotesque abuse I allege he did.
But here's three pictures of him sleeping.
Oh my goodness.
Oh my goodness.
Oh, look at Amber.
Look at Amber.
To me, it's impossible that she does not feel the weight of the world coming down on her right now.
It's impossible to me that she actually thinks the jury is buying this.
Well, hold on.
Here we go.
I recorded my husband snoring, and then he wakes up.
I asked my wife to record me if she could when I'm sleeping, if I was snoring, because...
An ENT told me I had sleep apnea and I didn't believe it.
But now it's...
Yeah, while forcing him to go to rehab, she is a raving loon.
Yeah, it's...
Oh, John, he's getting his vindication here.
Thank you.
He's getting his vindication here, and this is a well-crafted...
But it's almost like it is Shaquille O 'Neal stuffing an eight-year-old who's trying to do a layup at this point.
You went on James Corden, and you have a picture after what you described as being the most savage abuse with a split lip, and you're pulling a Taylor Swift facial thing.
Dog is under the chair touching me.
And you're...
Doing a facial motion, which would...
Whether or not it would reopen a split lip, it's not the thing you'd be doing with a split lip.
Sir, does this refresh your recollection that you did, in fact, send this picture to your friend, Rocky Pennington?
Yes, I did.
Seems like we know that name.
You sent it to her on August 7th, 2014, at 11.24pm, correct?
That is correct.
Why?
Why did you send it to her?
With no message?
You sent Ms. Pennington this picture of Mr. Depp with ice cream spilled on him, right?
That is correct.
And you wrote, quote, this is what I've been dealing with, end quote.
Did I read that right?
You did read that right.
That's correct.
And this is you protecting Mr. Depp?
That is me getting support from my best friend.
This is you supporting Mr. Depp?
This is me getting support from my best friend.
I also need support.
You weren't afraid the monster would get upset that you took this picture?
This was opiate Johnny.
This is a different version of him.
This is opiate on the nod Johnny.
And you weren't afraid that opiate Johnny or the monster, as you called him, would get upset that you sent this picture to your friend?
Well, he's all of those things.
Of course he could get upset.
Of course that's scary to me, of course.
Okay.
But it stopped you from sending this picture to your friend, did it?
Why would it?
I could give you five reasons.
Mr. Depp's hand, right hand is in his pocket.
I like the fact that Camille did not respond to that.
Why would it?
Because obviously if you're in fear of the monster, you wouldn't do that.
Pictures of cocaine.
Do you recall that?
Yes, that's correct.
Please take a look at one of those.
if we could please pull up defendants exhibit 167a which is already in evidence Why would I be afraid of the monster?
That's effectively what Amber just said.
This is a photograph you took in March of 2013, right?
This is going to be good.
That is correct.
And this was taken at your apartment in orange?
Yes.
And this is your breakfast table?
That is correct.
And it's your testimony that Mr. Depp left this breakfast table just the way you took it?
That is correct.
Something's going to happen here.
So this is what the table looked like after Mr. Depp had been doing cocaine?
Well, clearly he has yet to snort these lines.
Answer the question, please.
So this is how he left it.
There are four lines of cocaine on this table, right, Miss Hurd?
In this picture, I see four lines.
There isn't any cocaine residue around those lines, right?
Not that I can tell, no.
Doesn't really look like anyone's been doing cocaine off that table, does it?
With all due respect, I'm not sure you know how that works.
Tell us.
If you do.
Tell us, Amber.
You've testified you've done cocaine.
I have.
Doesn't really look like Mr. Depp or anyone was doing cocaine off that table, does it?
I beg to differ with you on that.
When you snort cocaine, typically it goes into your nose.
There's residue from that cocaine when your lips and nose touch the table, right?
Well, the tampon applicator next to the driver's license that you see is a device that I believe my sister had taught him to use in order to Put the cocaine in your nose.
She's a tampon applicator.
He's a pretty heavy smoker, right?
He is.
And that's a cigarette in the ashtray in the back there?
Back right?
Yes.
Camille knows where she's going.
I'm not sure where she's going, though.
There's no other cigarettes in that ashtray, are there?
I see one cigarette.
The one that's not smoked.
That's correct.
There's no ash in that ashtray either, is there?
Not that I can tell in this picture.
It's pretty clean.
In this picture, it looks like it, yes.
It's a pretty neat table.
Wouldn't you agree?
Depends on what you would call neat, I suppose.
Four neat lines.
You sent this picture to your friend, Rocky Pennington, as well, didn't you?
I sure did.
And when you sent it, you said, quote, look at my morning.
Or something like that.
Is that right?
Yay for mornings.
So you have a habit of sending stage photographs for your friend Rocky, don't you?
I had a habit of communicating with my best friend about what was going on in my life.
You don't have any pictures of Mr. Deb actually consuming cocaine, do you?
I don't think I have a picture of him mid-snort.
No.
So the answer's no?
You don't even have any pictures of Mr. Depp with cocaine.
What do you mean by that?
Holding cocaine, standing next to cocaine.
Sitting next to cocaine.
Buying cocaine?
I don't know.
No videos.
We haven't shown any of those pictures like that to the jury, have you?
I don't know.
No, I haven't.
And you were never able to catch Mr. Depp with cocaine on film either, were you?
I never tried.
That's a no.
I have seen him pass out in all sorts of places, yes.
It's possible she was sending that text to her friend saying, this is what I'm doing today.
In the kitchen, that was played again for this jury today, beating up some cabinets.
Do you recall that?
Sorry, say that again?
Beating up some cabinets.
Beating up some cabinets.
Yes.
Slamming things around, yes.
So you took that video of Mr. Depp in the kitchen, right?
I did.
I did.
And you took it on one of your iPad devices?
I took it on my iPad.
You were deposed in August of 2016 in connection with your divorce proceedings from Mr. Depp, right?
That is correct.
And you will recall that the video of Mr. Depp in the kitchen was released online the day before your deposition in August of 2016, don't you?
That's correct.
You're the one who released that video.
Isn't that true?
That's incorrect.
Oh, it's her agents.
I flew in from another place at the time.
I remember learning about it when I landed.
So it's just a coincidence that the video you took of Mr. Dapp was released the day before you were deposed in connection with your divorce from Mr. Dapp.
I absolutely had nothing to do with that.
I wouldn't even know how to do something like that.
Oh, that's how you know she's lying.
She wouldn't know how to release a video on the internet?
You went one step too far, Amber.
I wouldn't know how to publish a video online.
You settled your divorce from Mr. Depp in August of 2016, right?
That sounds right.
And in connection with that settlement, you received $7 million from Mr. Depp.
True?
That's correct.
6.8, exactly.
Your settlement amount was $7 million.
That's correct.
And then you released a statement in which you claimed you would be donating the entire $7 million to charity, right?
That's correct.
You stated you would be donating half of the $7 million to the ACLU.
That's correct.
And you would be donating the other half to Children's Hospital of Los Angeles.
That is correct.
And you also stated, with respect to the $7 million divorce settlement, that money played no role except for the extent that you could donate the money to charity.
Yes, that's correct.
If we could please pull up plaintiff's exhibit 1259.
Oh boy.
What do you want?
What are you doing?
Okay, get out of here.
Oh my gosh.
Unmitigated disaster.
This is an article entitled, Amber Heard Donates Johnny Depp Divorce Settlement to Charity.
Read her statement in full.
Is that correct?
That's what the title says, yes.
directing your attention to the portion on the second page where it says, quote, read the statement below.
Robert, where goes the battle?
Are you watching this?
Is that the statement you released, Ms. Hurd?
Just now.
That is correct.
Your Honor, I move to admit the statement and the article as redacted.
Objection, hearsay.
It's her statement.
This is not her statement.
She just testified, Your Honor, that it's her statement.
May I say the full...
Everything else is redacted.
Oh, yeah.
Okay, then I have no objection.
All right, 1-2-5-9 in evidence as redacted.
I object, but I didn't realize what I was looking at.
The statement reads, as described in the restraining order and divorce settlement, money played no role for me personally and never has, except to the extent that I could donate it to charity and in doing so, hopefully help those less able to defend themselves.
As reported in the media, the amount received in the divorce was $7 million, and $7 million is being donated.
This is over and above any funds that I have given away in the past and will continue to give away in the future.
Did I read that correctly?
That is correct.
I don't remember that last line, but it doesn't stand out to me as wrong.
There's nothing inaccurate in the statement.
Not that I recognize, no.
$7 million will be donated.
Mr. Depp donated $100,000 of the divorce settlement directly to the ACLU.
Is that right?
Right at the beginning of the divorce settlement, he donated $100,000 to each charity on my behalf or towards my contribution.
So $100,000 to the ACLU and to the Children's Hospital.
And in response, you publicly demanded that Mr. Depp pay the divorce settlement directly to you instead of the charities, right?
That was always the agreement, actually, is for him to pay me directly.
It was not his money as per the settlement agreement to give away and reap the tax benefit from.
I said if he wants to do it and give to charity all of a sudden, then he should pay the correct amount and not try to get a big tax break for it.
So, effectively, for his tax bracket, he should be paying.
Double that amount to the charity directly.
And if he wanted to pay the charity directly, he could.
He could do that was fine with me, but he would need to pay the adjusted amount.
Ultimately, the rest of the $7 million divorce settlement was paid directly to you, right?
Over time, yes.
Mr. Depp didn't end up paying the rest of the $7 million divorce settlement directly to the charities you identified.
That is correct.
He paid the installments to me.
You stopped that from happening, didn't you?
I don't understand what your question is.
I'm sorry.
You stopped Mr. Depp from paying the charities that you had named directly.
That is incorrect.
I said if you want to pay the charities directly, pay the adjusted amount or pay as per our agreement in the settlement or in the divorce as per our agreement.
And he chose to do the former, not the latter.
I mean, the other way around.
You also publicly stated that the $7 million divorce settlement should be paid to the charities immediately in full, right?
If he wanted to pay it in the way that he was suggesting, yes.
And you said publicly that the payments to the charities should not be drawn out over many years, right?
I said that...
I don't recall the exact words that I used, but basically that he shouldn't use this as a novel interest in getting a tax break.
That if he wanted to do that and not pay me the settlement, that was fine.
But he would have to pay the adjusted amount and not make it a commitment he would not fulfill or try to avoid in some other way.
And that's because you wanted the entire world to think that you were donating every penny of a $7 million divorce settlement.
As soon as you received it from Mr. Depp.
Isn't that right?
No, I was going to be receiving it in installments, and I would be paying in installments the donations.
In fact, you released a statement in response to Mr. Depp's $100,000 donations to the ACLU and CHLA, didn't you?
I don't recall.
She's written down too many questions.
Could you please pull up plaintiff's exhibit 1260?
I mean, I get why, but...
I'm not a fan of that.
I outline topics.
I never write down the questions.
Because otherwise you get stuck with the script and you can't respond in live time.
If I could direct your attention to where it says, I believe it's on the second page.
Her spokeswoman responded in a statement.
The language that follows the statement you released.
A spokesperson is an exception, Your Honor.
So the issue with the tax, someone asked, why is it relevant?
She's coming up with an excuse why she didn't actually make the donations that she pretended to make.
She's got a plausible excuse.
Her excuse is to attack Johnny instead.
Johnny wanted to pay it in such a way that he got a big tax benefit.
That wasn't our deal, so I had him pay me instead, and I would make the donations.
Whether or not she ultimately made the donations, I'm not sure.
Where it's going.
Problem here is, the lawyer's got a point that she wants to make.
Her jump the gun and cut off where the questioning was going.
And the lawyer keeps going with the question list.
Right?
You know what I mean?
Yeah.
If she needed to adjust on the fly, you're much better organized by topic.
May we approach again?
Okay.
May we approach again, Your Honor?
I have a third objection.
I think they're going to end in a couple of minutes.
I think they said they're going to end at 5 o 'clock.
Oh, really?
I think so, because they started at 9. Chat, it was 9 to 5, I think, under the new schedule.
Oh, there's a new schedule, so no longer 5.36.
Yeah, no, let's say they didn't start at 10 o 'clock this morning.
It started at 9, so that's...
Had I known that, I still wouldn't have been able to make it in time.
But I guess it's all been direct exam up until, what, the last hour?
Yeah, I don't know.
After the break, I think they came back at 3.40 to start the process.
Did she come out with a big bang and cross, or no?
You described this vicious abuse, pussing from the head, split lip, black eyes.
Is this you on James Corden?
They zoom in on her face.
You said bruises on your back.
You were looking to see if you had bruises.
Is this your open back dress at the Don Rickles thing?
She started strong.
Oh yeah, no, she started very strong.
It's good.
Zoom in on the pictures.
You thought your nose was broken.
Is this a picture of your face that day?
Impeccable.
Immaculate face.
Your Honor, would you like to see one as well?
No, that's fine.
Thank you.
We'll go to 5.30 today.
Okay, good.
But she had a...
Her...
The end of her...
Her testimony chief was just rubbish.
Your Honor, they gave me a redacted, but I don't have the unredacted to be able to see the full document.
I plan to admit it, or ask that it be admitted in redacted form.
I'm taking away any hearsay, and I'm just trying to lay the foundation.
This is a statement she released through a spokesperson.
How would I know whether there's more to it that shouldn't be redacted, Your Honor, if I don't see the full document?
that's a fair objection actually Oh, man.
I assume it's cross-examination, so that's why some of these could be new exhibits.
Your Honor, the witness can testify as to whether this is a full statement or not.
The witness can't.
We have the right to be able to see the document.
Do you have a document that's not redacted?
We can pull it up on our computers.
Okay.
Just give us a moment, Your Honor.
I can represent this.
The full statement that's reported.
Give her an opportunity to look at the unredactable.
Have they introduced this evidence, anything that had not been introduced yet?
I mean, yeah, they have.
I mean, I'm assuming that the reason why the Heard's counsel has not seen this is because they're considering it impeachment material.
Otherwise, it'd be an unfair surprise, you know, should have been turned over.
I'm sure it was turned over at Discovery, but it should have been listed as an exhibit before trial.
But you don't have to list your impeachment exhibits in most cases before trial.
Because the idea is it's your right of cross-examination and so forth.
They're trying to catch her in something kind of...
I think there's a little bit minutia at this point.
I get part of the point is that part of the defamation was that she made statements about the 7 million that weren't true.
But, you know, they already have their independent evidence of that one way or the other.
I don't know if they're going to get more out of her.
Yeah, well, she started strong on the allegation of abuse.
This, I don't know, it looks dirty.
I get her point, but she could just make it and get out of it once.
Her was going to have a prepared answer on this.
I would have stuck to what she did well in the abuse, it sounds like, is she stuck to sort of irrefutable facts.
Is that your photo?
Is this your photo?
The day of, she said, she got them on Johnny Always Wears These Rings.
Big, big, clunky rings.
And she's like, as far as I've known him, yes.
So you say that he always wears them.
Yes.
Can we have a copy of this?
You can get a copy of that later today.
Okay?
He was hitting her with those big rings.
Yeah, and then she said it.
When he hits you in the face repeatedly, he's wearing these rings.
As far as I recall, yes.
And then a picture of her face.
Who is it that got into the courtroom?
Ian?
Oh yeah, Ian Runkle is...
If you could see the guy with long, silvery hair behind the lady in the green blouse in the back, just out of view now, Gunn.
That's Ian Roncob.
And then she said that she got on Amber for having never gone to see a doctor in the entire time that she was with Johnny, not for a broken nose, not for dental work related to injury.
Right.
I assume those are just straightforward leading questions.
You never did this, correct?
You never went to a doctor for this, correct?
And then she said, during our relationship, no, but I went to an ENT after.
And then she says, well, did you go for injury-related?
No, but he told me that I had a broken nose.
Then she cut her off, moved to strike.
It's the absolute absence of any direct evidence of the damage or the injury.
Has she been able to get Amber to look body language, emote?
Very negative emotions.
I think so, but I'm not sure I would trust my opinion to be objective because I just think too ill of Amber at this point.
So directing your attention, Ms. Hurd, where it says her spokeswoman responded in a statement.
The language that follows.
Your Honor, again, she can't read it.
She has a show.
The language that follows.
Right.
If you want to lay a foundation to that.
Go ahead.
You released a statement after Mr. Depp donated $100,000 to the ACLU and $100,000 to CHLA.
Correct, Ms. Hurd?
I think so, yes.
And the language that follows is the statement you released in response to Mr. Depp's donations, right?
I don't know if this is the official statement.
I have no idea.
The statement that reads...
You learn from the ongoing objections.
Remember in Jones' deposition, I couldn't do what's called speaking objections, where they went nuts on me.
They're like, you can only object to the Texas rules.
It's so that you don't educate the witness on what they should answer.
And if you do an objection the right way, you basically tell the witness what the answer should be.
You probably don't know what this is.
You can't lay the foundation for this, can you?
You have no idea where this came from.
Thank you.
Yes.
That's a statement you released through your spokeswoman after Mr. Depp made the donations to the CHLA and the ACLU.
Correct, Ms. Heard?
I do not recall exactly what my statement was.
I don't disagree with anything in the statement, but I just simply don't recall what the statement was we released.
Is there anything inaccurate in that statement, Ms. Hurd?
No.
I'm going to move to admit.
Objection, Your Honor.
Lack of foundation.
I'll overrule the objection.
1260 and evidence over objection.
Thank you, Your Honor.
Busted.
That was a fair objection, actually.
Well, I mean, basically the same...
Amber Hurd appreciates Johnny Depp's novel interest in supporting two of her favorite charities.
The ACLU, American Civil Liberties Union for Domestic Violence, and the Children's Hospital of Los Angeles.
This is great and unexpected news.
And it continues.
However, if Johnny wishes to change the settlement agreement, we must insist that he honor the full amount by donating $14 million to charity, which, after accounting for his tax deduction, is equal to his $7 million payment obligation to Amber.
And it continues.
We would also insist that the full amount be paid immediately and not drawn out over many years.
Anything less would be a transparent attempt by Johnny's counsel.
Why is she putting them on blast?
It doesn't change the payment amount if you get an additional tax benefit for it.
It makes no difference on the payment amount whatsoever.
In other words, you pay $7 million to charity, and you pay a little bit less to the government, but you're paying no less to the charity.
After this, you kept commenting about the donation of your divorce settlement, right?
I don't know what you mean by that.
I bet she pays as little tax as possible.
She admitted that she wanted to put the payments in tranches for tax reasons.
I believe I said I donated it to charity, but it was already printed or already commented on and stated in the press.
I had already released that information in the press.
I think I just confirmed it on that show.
You appeared on a show called RTL Late Night, right?
I don't recall what show it was.
She always has a contempt look on her face.
This is the I'm better than you look.
We would ask that it be moved into evidence and ask for permission to publish it.
Your Honor, we may approach very briefly.
The spites.
They want him to pay...
The charity gets $7 million, but if he...
If he gets a tax benefit for it, that's outrageous.
He needs to pay the maximum tax, so pay $14 million instead.
I mean, again, it's misleading.
It shows how they're obsessed with the tax angle.
Yep.
She said it when she was supposed to donate the full $7 million.
She said, well, I was doing it over time because they were paying it to me over time, but it was also tax beneficial to do it in tranches and not $7 million at one shop, but rather $100,000, $300,000 a year.
Right, of course.
That means her income's in a certain place.
Well, she said she got $1 million for Aquaman 1, $2 million for Aquaman 2, with the possibility of getting not royalties, but rather, you know, a premium if it performed.
And Robert, she said she admitted this in her own examination, that in the contract she would get a bonus if the movie performed well.
And lo and behold, the movie came out three days after her press release, her op-ed, the defamatory op-ed.
So she published that December 18, 2018.
And then Aquaman comes out December 21, 2018, where she stands to benefit the more money that movie makes.
But she...
Isn't it amazing that...
I mean, this is Hollywood.
That you create drama in your personal life to improve your box office.
It's nuts.
And her explanation, though, was she didn't write the op-ed.
I didn't even think about that connection.
Really?
Really?
Is that what she said?
No, no.
She said...
She said, I published it at that time because I thought the movie would give more exposure to this issue, which is an important social issue.
Of course, that was smart.
Good flipping around.
No, no, I did this to not promote the movie because the movie I did is to promote attention to domestic violence.
Of course you did.
Then you would release that statement a week later.
Not before.
The dog has been a trooper.
He has not pee.
I'm going to have to take him outside sooner than later.
That's right.
Your breath smells terrible.
Thank you.
How blind is the dog?
There's milk all through the eye, so if he can see shadows, it's possible, but he's effectively blind.
How is he adjusted to that?
He's amazing.
He's blind from birth, and it got a little worse, and then it leveled off.
He's fully adapted.
So if we could please play and publish to the jury plaintiff's exhibit 346.
346 in evidence.
There were all kinds of accusations.
She's doing the tour.
I was doing a press tour on.
There was a divorce settlement, you got $7 million.
People were saying this is all about the money.
But then you did something that twisted that whole argument.
What did you do with that money?
$7 million in total was donated to...
I split it between ACLU and Children's Hospital of Los Angeles.
ACLU is a human rights organization.
She wanted to say that she didn't do any of this for money.
I get it.
Nonprofit organization in the United States.
It's called the American Civil Liberties Union.
And they work on behalf of marginalized communities on the ground and the legislative reform.
ACLU does nothing on domestic violence that I'm aware of.
I wanted nothing.
I wanted nothing.
But she hasn't given the money yet, Robert.
This interview was in October of 2018.
Right, Ms. Hurd?
I don't recall when it was.
It was in 2018.
Right, Ms. Hurd?
I don't remember when this was done.
This was after you had received the full $7 million of your divorce settlement for Mr. Depp, wasn't it?
Again, without knowing when it was recorded, I have no idea.
I get that.
That's where she's hiding.
$7 million divorce settlement was paid to you in full by February of 2018, right?
That's correct.
Wow.
Let's take a look at Defendant's Exhibit 1458, which is already in evidence.
I would just ask a straightforward question here.
At that point, had you paid $7 million to these two charities?
Yes or no?
And the answer has to be no, because she's already basically said that she hasn't donated all of it.
This is the deal point memorandum from your divorce settlement.
And now the temptation would be to say, then you were lying.
Don't ask the follow-up question.
Just point out.
Go down to the bottom of page four.
There's a heading labeled equalization payment.
Do you see that?
Yes.
And underneath that, it outlines a payment schedule for the divorce payments, correct?
Yes.
Well, it begins to, and if we go on page.
So it was denominated in equalization payment.
Page five.
Yeah, well, that's what I understood.
She hustled seven million out of Johnny.
Seven million.
So the first payment is scheduled for August 31st, 2016, and that's $200,000, correct?
Yes, that is correct.
Mr. Duff's accountant, Edward White, testified that he made that payment directly.
Oh, now I understand something.
You've got to turn on your microphone, Ms. Butterhoff.
He's going to point out that all the other checks were written to her.
Objection to her testifying to what Mr. White testified to them.
Okay.
He literally testified to it in court.
All overruled objection.
Thank you, Your Honor.
Mr. Dove's accountant, Edward White, testified that he made the payment directly to the ACLU and CHLA, correct?
I believe so, yes.
And then the rest of the payments were all made to you, weren't they?
That is correct.
And the final payment of $2.3 million is on February 1st, 2018, right?
The final payment, yes.
And you were here in court when Mr. White testified that the payments were all made on schedule.
I would object to her testifying to what Mr. White testified to.
I mean, technically, there's better ways to put that.
The fact that he testified in court doesn't change whether or not its impact on her.
I don't believe they were.
He might have testified to that.
My question was, you were here in court when Mr. White testified under oath that all the payments were made.
Because then you're testifying memory recall.
I was here every day in court.
I heard his testimony, yes.
She's more even-keeled than she was when I saw her.
Emotionally.
Yes, that's correct.
You know what I mean?
It's not a hard line of questioning now, anyhow, but it'll get there.
She'll crack.
That is correct.
Well, I think it highlights that her emotional state was off when she was lying about Johnny Indirect.
Yeah, that is correct.
Because it continues to look very different than when she's testifying, honestly.
This is October.
Correct.
So in this October 2018 interview, you said that you had, quote, donated, end quote, your entire divorce settlement to charity, right?
That's correct.
And in fact, your exact words were, Quote, 7 million in total was donated to, I split it between the ACLU and the Children's Hospital of Los Angeles, end quote.
That's correct.
I made that statement as soon as I got a divorce and we reached the settlement.
That's when I pledged it, right then.
And you say this because you, quote, wanted nothing.
Pledged.
That is correct.
That's how she's going to try to play this?
Well, I pledged it.
It was like a Clinton Foundation deal.
You pledge it.
You don't have to give it yet.
Sitting here today, Ms. Hurd, you still haven't donated the $7 million divorce settlement to charity.
Isn't that right?
Incorrect.
I pledged the entirety of the settlement.
I pledged it.
All it matters is that I pledged it.
That's not my question.
Please.
I may have already spent it, but I still pledged it.
That's a good point.
Does she even have it?
Does she even have it?
Look at the lawyer in the front, nodding his head.
He looks like some actor.
You know, there's some tall, skinny British actor.
I use pledge and donation synonymous.
But I don't.
Ms. Hurd, I don't use it synonymously.
That's how donations are paid.
Ms. Hurd.
That's how they're paid, honey.
It's called pledging.
You don't know about it?
I do.
I'm important.
You're not a bitch?
You have not paid $3.5 million of your own money to the ACLU.
Yes or no?
I have not yet.
As of today, you have not paid $3.5 million of your own money to the Children's Hospital of Los Angeles.
Correct?
I have not yet.
Johnny sued me.
Oh, what a powerful excuse.
Johnny sued me and it totally tied up the money.
I so was ready to give it.
I have not been able to fulfill those obligations yet.
I mean, I get she's doing the uber professional thing today.
I didn't want anything and I didn't get anything.
I would have been recommending something different, to be honest with you.
Didn't get it.
Wasn't interested in it.
I love Johnny.
That's why I was with him.
You wanted praise for donating money.
I never wanted anything with money.
That's incorrect.
You want praise?
In general, one does want good press, yes.
That's like an honest answer right there.
She doesn't have a net.
My interest is in my name and clearing my name.
Always a sneer.
At the time, I was being called a liar and my motives were being questioned.
I did see it as important to clear that up.
I wanted to make a statement to make sure that there was not any doubt.
That I couldn't be labeled these things just because Johnny was a bigger star.
I'm a go digger.
You wanted to remind everyone of your claims.
I ain't saying I see a go digger.
No, I wanted to move on with my life.
I wanted to make those claims seem believable.
They are believable.
They were believable.
They are believable.
Well, that's true.
They were believable.
It might not have been true, but people believe this, so they're believable.
Nor have I ever called myself one.
You testified under oath that, quote, the entirety of your divorce settlement was donated to charity, end quote, didn't you?
That's correct.
I pledged the entirety.
What a liar.
Just can't stop.
My question.
You know, this was a mistake.
Your counsel will have time to redirect you.
I get why the lawyer thought, hey, we'll just call it pledged.
Just admit.
You testified under oath, quote, the entirety of your divorce settlement.
They didn't get this out on direct, did they?
No.
That was a mistake.
That is correct.
I punched the entirety.
They should have got her to say...
They did get her explained that it was supposed to be paid in tranches and then Johnny sued her, so she didn't donate.
This is really inappropriate.
I'll sustain the objection and we'll just move forward.
Next question.
This is really inappropriate.
I like her tone, though.
Very feminine tone.
Some women lawyers come across bad because of gender stereotypes.
She's doing very well.
You don't have to change your tone because you're being aggressive, behaving in a stereotypical way.
It is true.
I pledged the entirety to charity.
When you say you buy a house, you don't pay for the entire house at one time.
Bad analogy.
Oh, a mortgage.
It's kind of like a mortgage.
That's what she did.
It's kind of like a mortgage.
You know, when you buy the house.
I pledged it.
You didn't donate it.
Unfortunately, you didn't donate it.
I haven't been able to fulfill those obligations.
I made the pledge.
I want to be very clear.
I pledged the entirety.
I haven't been able to fulfill those pledges because I've been sued.
You had all of the $7 million for 13 months before Mr. Depp sued you and you chose not to pay it to the charities you pledged it to.
Is that correct?
I disagree with your characterization of that.
I disagree with your characterization.
She had a better excuse than I was going to do $350,000 a year.
I'd have blamed it on some advisor.
I pledged it.
The advisor said I have to pay it longer out.
I don't know why.
Those crazy accountants, they always have weird rules.
The better question is, she might not have this money anymore.
That's where you go.
That's the best place to go.
That's what a jury gets.
Pledge, not pledge.
Is the money sitting in a trust account or did it go for blow?
Do you want me to close the show?
You spend it on...
Okay.
Some alcohol.
$800 bottles of wine.
She momentarily got to look like an angel.
The lights came in right on her.
They must have some big windows in that courtroom.
I'm not used to courtrooms with windows outside of state.
Oh, this is state court.
Federal court.
There's no light that comes in.
I found out exactly who the lawyer in the front looks like.
This is your third witness statement that you submitted in the UK action.
Yeah, he looks exactly like that British actor.
And the statement was made under oath.
True?
That is true.
I'm directing your attention to the last page of that statement.
That's a good point.
Equivocating.
That's your signature, right?
Yes, it is.
So you made the sworn statement on February 26, 2020.
That's correct.
And directing your attention to paragraph four, it says, quote, I remained financially independent from him the whole time we were together, and the entire amount of my divorce settlement was donated to charity, end quote.
That is correct.
Did I read that correctly?
Yes, you did.
The him you were referring to is Mr. Depp.
That is correct.
Oh, sorry.
I can take that chat down.
Most of the money that was donated to the ACLU and CHLA in your name came from someone else.
Here you're going to get the ultimate kick in the groin.
I don't know what you mean by most of it.
Oh, she's going to lose it now.
From Elon Musk.
I believe Elon made a donation in my honor on one of the years.
In my honor.
You know how she put it that way?
No, nor did it count towards my pledge.
Yeah, I think it will if you're coming to $500,000.
It was donated to the Children's Hospital of Los Angeles and your name wasn't paid by you either.
Right, those were made at the same time.
And it didn't come out of your $7 million divorce settlement.
Nor did it count to my $3.5 million obligation.
Those $500,000 payments came from your new boyfriend, Elon Musk, right?
I don't know if he was a new boyfriend at the time.
Did you see what details she picked up on?
You got him to pay part of what you promised to these two charities, didn't you?
Incorrect.
Because you wanted to keep at least some of the $7 million divorce.
Here we go.
$50 super chat pledge, Robert.
I think this...
If you're on our side.
That's good.
Okay, that's fine.
All right, ladies and gentlemen, we'll stop here for the evening.
Remember tonight, do not do any outside research and not discuss the case with anybody.
These days are a little longer.
She started slow, but I thought she finished better in the cross.
I don't think, as far as what I saw, that she heard emotionally broke at all.
It's the same.
If they had another three hours...
Can you rewind it to the very beginning of the cross?
Oh, yeah.
So, hold on.
Let's see.
Oh, wait.
No, I got to do that on this part.
Okay.
So, now go here.
Yeah.
Hold on.
Let's just make sure nothing happens before we...
Let's just see if she's going to freak out if Johnny approaches...
She's got the defensive posture there.
See that?
The way she's holding her hand.
Looking at the judge.
Rather than by her side.
What do they call it?
The body language behavior panel.
They got a phrase for what she's doing right now.
Not a joke.
Protecting genitals.
It's not a joke.
When they have the hands over their groin.
It's a protective defensive posture.
Especially there as opposed to the stomach.
As opposed to by the side.
I'll wait to sleep out here before Johnny attacks me.
Thank you.
She always does that routine.
And we got, maybe Runkle will be able to pop in here.
There's Runkle.
There's a boy right in the back, Runkle.
So would he just happen to be in the neighborhood down there?
He said he was in there for a shooting competition and decided...
Here, here, let's go to some...
Correct.
Let's go to the replay.
Yeah, I'd like to see the very beginning.
There was a lot of sidebar, or sorry, but there was a lot of discussion.
And that's Ian Runkle right there.
He looks respectable.
Cut that hair, you hippie.
He's a victim of domestic violence.
Here we go.
Let's see how it started right here.
And for the record, it's 2122 through 2140.
Jeez Louise, come on.
Just get to the beginning here.
Because she started off with a good question.
Okay.
She's going to let it play.
And then, Robert, are you going to be around tomorrow for this?
Yes.
Okay, awesome.
Oh, for part of it, I got a court thing in the early afternoon.
You've got one of them still practicing law practices.
I've been sitting in front of the computer seven and a half, seven hours and 15 minutes now.
But let's just...
I broke for P. So there wasn't much cross, basically.
No, the cross started just this afternoon.
How do I go forward here?
I wonder if that was intentional.
They wanted to force her up at the...
Rather than wait for prep for another thing?
Yeah.
Okay, here we go.
Okay, jury comes in.
She makes lots of eye contact with the jury.
Actually, it's funny you should mention it here with the first question in Cross.
She's toast!
It's not a question of bias.
I'm not biased.
Amber is toast in this.
Well, if you're the cross-examination lawyer, this makes or breaks your career, what you're about to do.
Cross-examination?
So if you get the right jury outcome, you'll be fine anyway.
But everybody's watching this.
Yep.
So first question, Robert.
Here it is.
She looks very young, Camille.
Good afternoon, Ms. Hurd.
Good afternoon.
Mr. Depp hasn't looked at you once this entire trial, has he?
Not that I've noticed, no.
You've looked at him, though, many times, haven't you?
Yes, I have.
You know exactly why Mr. Depp won't look back at you, don't you?
I do.
He's guilty.
He promised you he would never, you would never see his eyes again.
Isn't that true?
I don't recall if he said that.
One of the last times you ever saw Mr. Depp was when you met him in San Francisco in July of 2016, right?
That was the second to last time I saw him, yes.
And this was after you had publicly accused him of domestic violence?
I got my restraining order before that, yes.
And this is after you had obtained the domestic violence restraining order against him?
That's correct.
Let's please play plaintiff's exhibit 1229.
For the record, it's at 1101 through 1209.
How do I skip 30 seconds?
Any objection to 1229?
Let's see if I can do this.
Yes.
All right.
1229.
You want it entered in its entirety?
Yes, please.
Okay.
1229 entered in its entirety.
Someone says I'm supposed to be here tomorrow.
And just so everybody knows, InkSoC is coming back with different InkSoC accounts every time.
I blocked at least 25 today.
No.
Oh, no.
A hug will save it all.
I just wanted to touch you.
You know, that's probably true at an emotional level.
Someone that's got the mental issues that she has.
It's the desperation for affirmation that can never be satisfied that leads them to behave in the controlling, infusive, deceptive behavior they do.
So at that moment, that desperation hearing her voice is probably legit.
And Johnny's only problem is he's treating her as normal.
You just have to be like, nope.
Insane person.
I'll be right back.
So this was one of the first cross questions.
You will not see my eyes again.
I see.
That's you and Mr. Death in that recording.
That is.
And this is from when you and Mr. Dat met in San Francisco in July of 2016, right?
Yes, that's what it sounds like.
That was in the hotel.
They also might be worried about the jury misreading why he's not looking at her.
Yeah, that's actually a fair point, too.
And he tells you, you will not see my eyes again, doesn't he?
All right, so we'll skip to some of these.
That is correct.
The barrage, one of my cross-examinations was described as a rat-a-tat.
That gun style.
After the Met Gala.
That is correct.
And there were pictures of you taken at this event.
Yes.
Please pull up plaintiff's exhibit 1252.
This is after she gets to talk about the big rings and the repeated striking and then she's off at an event a day later.
Is this a picture of you, Ms. Hurd?
Yes, it is.
At that event?
Yes, it is.
The night after the Met Gala?
Yes, it is.
The night after Mr. Depp allegedly broke your nose?
I'm not sure if it was broken for the record, but...
Yeah, you should see what it looked like underneath the makeup.
Underneath the makeup.
He whacked you so hard in the face that you thought you had broken your nose.
Exactly.
Right.
Right.
Permission to admit this photograph?
All right, one, two, five, two.
In evidence?
That was a mistake if they'd never introduced any of these on direct.
They just have to deal with that.
This is a picture of you, Mr. Depp, and Don Rickles, right?
That is correct.
Let's please pull up plaintiff's exhibit 1253.
Let's go to another one that's going to be more interesting.
Here we got this one.
This is a picture of me after he did whack me in the face.
And the makeup was so amazing.
Look at that.
Look at that makeup.
I'm an amazing makeup artist.
I hid all the scars, the beatings, the bruises.
Even the broken bones.
Makeup can hide broken bones, but they can't hide a broken heart.
Yeah, and then this is...
This one here.
This one wearing makeup.
Makeup covers up swelling, right?
Makeup will not cover up swelling.
Ice will, though.
Ice will cover up swelling.
Ice reduces swelling.
Normally, the swelling after that kind of injury is not as bad as you might imagine.
Outlandish.
She has that natural scalp.
See that?
It's a very unfavorable look.
A picture you haven't produced.
I did.
I produced everything.
Okay, here.
Robert, this is the good one, too.
And then I might have to...
Okay, here.
This is when she said she had a split lip from another one of the incidents.
But on the James Corden show, correct?
From that appearance, yes.
Move to admit and publish plaintiff's exhibit 98. All right.
You could move the microphone and turn it on.
Her lawyer should have admitted all this and just dealt with it up front.
Not let the use like this one cross.
Thank you.
Yeah.
I mean, and this was after like, this was after the most egregious of the alleged abuse.
That's correct.
And again, a larger view of the same photo on the bottom.
That's correct.
With a split lip.
I've seen pictures of it without makeup.
So you've got a split lip when you were moving your mouth that way.
I sure did.
You just don't happen to see it.
Someone in the chat said, who are you going to believe?
Me or your eyes?
Okay.
My eyes or your eyes?
I've got to take the headphones off.
These things are killing me.
Oh, and by the way, in the chat...
What are the best headphones to get?
Not Dre Beats, but like, I remember Sennheiser once upon a time were good.
I don't want Bluetooth, and I don't want noise cancelling.
We got AKG, but it worked nice, but I have no idea who got them for me.
AKG?
Yeah.
Okay, I'm going to Google it.
So, Robert, what were you up to today?
Someone said you were at a...
Well, I think they might have been joking.
Are you in Waco?
No, no, I'm still in Vegas.
I got to do a...
Conference here in about half an hour.
Then I have a moot court prep.
What it is, is the Waco hearing is virtual.
So it's by oral argument tomorrow afternoon.
And that's what a lot of prep time is being spent on.
But I had a couple other client matters come up today.
Okay.
But I was going to only hop on for the cross anyway.
It sounds like now we're into full cross mode.
Yeah, you missed nothing.
But I mean, other than a...
Just a terrible examination in chief.
Three days in evidence.
And now she's still sitting under cross.
I had other pictures that I couldn't get in.
It's not my job.
My lawyers didn't get them in.
It's not going to go well.
Okay.
And not because I want to duck out, but I need to duck out and walk the dogs, which I hope they haven't pooped in the house.
Speaking of dog poop in the house, Robert, I'll set it up for tomorrow.
And I'll send you the links.
Come when you can.
And people, we'll be continuing tomorrow.
Sounds good.
All right.
All right, Robert.
I'll talk to you soon.
Everyone in the chat, see you tomorrow.
I'm going to go create the link now after I walk some dogs, exercise, tend to the kids, and tag team parents.
Okay, peeps.
Go.
See you tomorrow.
Peace out.
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