VA - Johnny Depp's defamation case against ex Amber Heard, who countersued #3

[Lillymac]

Yes.

Thank you.

 

[shotgun09]

Thank you. We're having storms and my internet is in and out.

Stay safe!

 

[squareandrabbet]

Sky News

'He takes it too far, hits me too hard'

Amber Heard now talks about a meeting that was set up with a sci-fi writer called Clive Barker in December 2014. She says Mr Barker wanted to work on a project with her, and she was very keen to work with him. He is famous for writing the Hellraiser and Candyman series.

Heard she says Mr Barker was "terminally ill" at the time, and so the meeting was at his home. She says this caused issues with Depp, who accused her of wanting to sleep with the author.

Heard says that this led to violence and argument between them, saying of Depp: "He takes it too far, hits me too hard, breaks something in the house and leaves... He just split." She says he "never had to deal with the clean up... or my face".

She says at the time she tried to placate Depp, because: "I didn't want him to think I was this *advertiser censored* he said I was all the time."

We are shown an email exchange between Depp and Heard about her meeting with Mr Barker in which Depp writes: "Agony is never the answer to any equation or occasion. Nor is rage... Please know, that my apology is sincere and solid... And, as stupid as it sounds, I hope your meeting with Clive Barker is excellent!!!"

In another email Depp apologises again, writing: "I'm sorry... for my behaviour... I'm a *advertiser censored***** savage... The Devil is All Around, right...??" He also refers to himself a "lunatic". Heard says these words are all to describe what the couple dubbed "the monster" - Depp's bad behaviour when drunk or taking drugs.

And in the meantime... Heard's reference for "proof" that JD had acted hideously badly to her, is a text message she sent to a friend... which said in toto (again, as per AH recent self-report on the stand):

"I'm not good."

 

[shotgun09]

And in the meantime... Heard's reference for "proof" that JD had acted hideously badly to her, is a text message she sent to a friend... which said in toto (again, as per AH recent self-report on the stand):

"I'm not good."

I noticed that also. No proof, No receipts. Just AH and her lies.

 

[tlcya]

And in the meantime... Heard's reference for "proof" that JD had acted hideously badly to her, is a text message she sent to a friend... which said in toto (again, as per AH recent self-report on the stand):

"I'm not good."

not at all ambiguous

 

[Kingsley]

I am not certain that AH purposefully and deliberately hurt JDs career. I think she wanted to be seen as a victim because that is what the younger people who grew up in the cancel culture and the Me Too movement want--to receive sympathy via social media for being victim and receive status for overcoming adversity. Frankly JDs career damage came not so much from AH but from the media amplifying and repeating AHs claims, trying to excite public controversy and increase sales/advertising revenue by offering the public titillating stories about the rich and famous.

For Virginia does the defamation need to be intentional? Anyone know?

 

[FeelMyHeat]

We will still have to listen to the whole Australia ordeal. That will probably take 2 days. This will be weeks

I'm starting to have Jodi Arias flashbacks.

 

[PatLaurel]

Wait... who the heck is Steve?

I asked the same yesterday... I hope to see a reply to your comment when I finish catching up. 63 messages to go...

MOO

 

[Kiranerys]

I’m Team JD for sure but I wonder if AH isn’t completely to blame. I feel like they fed off of each other. Some people are just toxic together. It’s possible his addictions were finally taking over and he wasn’t able to control them as well. That does happen with addicts - they can only hide it for so long.

I agree,he is far from blameless.

I also think he found himself in this situation in no small part down to ego, there's no fool like an old fool as they say,and his must have been bouyed by the attractive young starlet who seemed so enthralled with him.

I wonder when he realised he had made a massive mistake.

I freely admit I've been a fan of his for many years but that wouldn't make a difference if I thought for a second Amber's story was true,(I know nobody is suggesting otherwise) and I'm not blind to his faults either but respect that he admits them,owns them and has laid himself bare in front of the world and especially his peers because he knows he didn't do what she says,he isn't the man she told the world he is.

That's why I'm team Johnny.

 

[tlcya]

For Virginia does the defamation need to be intentional? Anyone know?

Even if somebody says horrible things about you that injure your reputation, if the statements are true, they are not defamation. If the defendant made the statements and they are (arguably) false, did they know they were false? A plaintiff must demonstrate “that the defendant knew that the statement was false or, believing that the statement was true, lacked a reasonable basis for such belief, or acted negligently in failing to determine the facts on which the publication was based.” Hyland v. Raytheon Tech. Servs. Co., 277 Va. 40, 46, 670 S.E.2d 746, 750 (2009).

 

[BetteDavisEyes]

I'm starting to have Jodi Arias flashbacks.

Bingo! Me, too

 

[Kingsley]

For Virginia does the defamation need to be intentional? Anyone know?

Sorry, answering myself with website info. Also sorry if previously covered and I missed it. No idea if there are subtleties involved. IANAL.

• Slander, defamation and libel are all treated the same in Virginia.
• Defamation is a false statement of fact published or communicated to another person that causes injury to the reputation of the subject of the statement.
• The false statement must be a false statement of fact, and not mere opinions.
• Truth is an absolute defense to a defamation law suit.
• Some defendants will escape liability if they spoke made the statement to a person who had a reason to hear the statement and the defendant did not know the statement was false when it was said – this defense is known as a “qualified privilege.”
• In Virginia you must plead the exact words used.
• “Defamation per se” — When the defamatory statement involves defamatory words that (1) impute commission of a criminal offense involving moral turpitude, (2) impute infection with some contagious disease, (3) impute unfitness to perform the duties of an office or employment, or want of integrity in the discharge of such duties, or (4) prejudice a person in his profession or trade, you do not have to prove damages as they are presumed, otherwise you must prove how the statement damaged you

Summary of defamation, slander & libel in Virginia – Thomas H. Roberts & Associates, PC (robertslaw.org)

ETA: And thank you @tlcya for your explanation

 

[BetteDavisEyes]

Going to pick out a wedding dress in the midst of all this abuse

 

[Kiranerys]

And in the meantime... Heard's reference for "proof" that JD had acted hideously badly to her, is a text message she sent to a friend... which said in toto (again, as per AH recent self-report on the stand):

"I'm not good."

Why is everything the defence show redacted?, is it literally because otherwise the narrative would be completely different or is there a genuine reason?

 

[tlcya]

Bingo! Me, too

I'm just waiting for the ninjas

 

[shotgun09]

softer tone now....." we were planning our wedding"....

 

[Shelby1]

She certainly is on the floor a lot.

 

[tlcya]

I remember

I remember

I remember

I really wish I could have a cocktail or 7

uggh the dry tears and scrunched up face trying to manufacture some is annoying

 

[shotgun09]

I'm just waiting for the ninjas

Football crouch for me.....

 

[shotgun09]

This is what I am hearing...." Blah blah blah blah"
"Then we got married"