VA - Johnny Depp's defamation case against ex Amber Heard, who countersued #9

[escape2sc]

Johnny Depp Gets Unfavorable Decisions on Jury Instruction​

MSN

In a key ruling on jury instructions, the judge overseeing the case sided with Heard’s lawyers on Thursday that Waldman does not qualify for privilege, a defense from defamation, because his statements were not in response to anything Heard said or wrote. A ruling the other way could have led to jurors outright denying Heard’s $100 million counterclaim against Depp.

I believe this article is incorrect about the privilege issue .
My understanding of what has been said about privilege
1st (courtesy of the Lawtube commentators) the Judge cannot rule on whether or not Walderman made the statements as Johnny's attorney/agent as that is a fact for the jury to decide. Once the jury makes that determination the jury instructions ruled on regarding the Walderman statements come into play.

There was discussion during the jury instruction hearing on Johnny's motion to claim self defense - if agency is found - that the statements were made in self defense of Amber's statements. The judge ruled against the self defense motion

There was discussion during the jury instructions hearing about Depp's team being able to explain/discuss the client/attorney privilege in their closing. Rottenborn was against this but the judge ruled in favor of Depp

 

[wasnt_me]

Johnny Depp Gets Unfavorable Decisions on Jury Instruction​

MSN

In a key ruling on jury instructions, the judge overseeing the case sided with Heard’s lawyers on Thursday that Waldman does not qualify for privilege, a defense from defamation, because his statements were not in response to anything Heard said or wrote. A ruling the other way could have led to jurors outright denying Heard’s $100 million counterclaim against Depp.

It's really not as bad as it sounds. I watched a LawTube Lawyer, Good Lawgic, explain it. He said that if they find defamation by AW, then it can't be in self-defense because you shouldn't be allowed to tell lies just because it's self-defense -- especially self-defense from comments NOT made by AH.

This only affects them if they find that AW defamed her. Who thinks he did and this was not a hoax?

 

[Luna20]

Thank you for your thoughtful post. I am also a DV survivor. Always behind closed doors. I told no one. I stayed 30 years until he almost split my scull entirely open with a piece of metal rebar and left me badly injured. I understand if anyone wants to call me stupid like many on the internet already have. It was complicated. I was also not a perfect victim in that in the later years of the abuse before I finally gave up a 4 decade relationship - I started fighting back. He became a drug addict towards the end that fueled his aggression, but I stood by him anyway and tried to help him into sobriety, I was called controlling. Maybe I was. I just wanted him to get better. But in the end, after I had to file a TRO and filed for divorce he accused me of the one abusing him. Told lies to the court (with no evidence) that I tried to run him over with my car, and that I beat him throughout our marriage. He tried to say he hit me out of self defense to get off on the assault and battery charges - which thankfully in the end he was not believed. But he dragged me through court for two long years lying till the very end. Nobody knows what happens behind closed doors. And I don’t know what happened here between Johnny and Amber. I see two toxic people and have no doubt there was physical violence on both sides, and to me - Johnny’s texts and vile words leave me somewhat in belief that he is not the gentle spoken man we know publicly. We know exactly who Amber is because she has shown us - combative, needy, aggressive, emotional and at times - a bully. I can not make a decision here. I don’t follow either of their careers and had no idea of these allegations before this trial. I’m just looking at two people and their testimony and feel that neither of them are telling the entire truth, and I also refuse to bash either. I agree that falsely accusing someone is wrong, but I have no idea here.

Im sorry for what you have experienced. I can really understand, my circumstances are similar to yours in many ways. I still don’t like to say much because he is a very high profile person with an arsenal of high profile legal defense. It was necessary for my safety that I relocate and that in itself was traumatizing.

I hired a national ptsd expert which was great but I lost in the court before I ever stepped in. I re-lived what I was dealing with in my home with the legal system. It was a back to back whiplash that I wasn’t prepared for.

Im glad you have escaped and survived in the healing process!

 

[wasnt_me]

Thank you for your thoughtful post. I am also a DV survivor. Always behind closed doors. I told no one. I stayed 30 years until he almost split my scull entirely open with a piece of metal rebar and left me badly injured. I understand if anyone wants to call me stupid like many on the internet already have. It was complicated. I was also not a perfect victim in that in the later years of the abuse before I finally gave up a 4 decade relationship - I started fighting back. He became a drug addict towards the end that fueled his aggression, but I stood by him anyway and tried to help him into sobriety, I was called controlling. Maybe I was. I just wanted him to get better. But in the end, after I had to file a TRO and filed for divorce he accused me of the one abusing him. Told lies to the court (with no evidence) that I tried to run him over with my car, and that I beat him throughout our marriage. He tried to say he hit me out of self defense to get off on the assault and battery charges - which thankfully in the end he was not believed. But he dragged me through court for two long years lying till the very end. Nobody knows what happens behind closed doors. And I don’t know what happened here between Johnny and Amber. I see two toxic people and have no doubt there was physical violence on both sides, and to me - Johnny’s texts and vile words leave me somewhat in belief that he is not the gentle spoken man we know publicly. We know exactly who Amber is because she has shown us - combative, needy, aggressive, emotional and at times - a bully. I can not make a decision here. I don’t follow either of their careers and had no idea of these allegations before this trial. I’m just looking at two people and their testimony and feel that neither of them are telling the entire truth, and I also refuse to bash either. I agree that falsely accusing someone is wrong, but I have no idea here.

I really can't judge a man based on private texts to his friends and doctors. If she didn't see the text messages and if that could be the way they talked to each other normally, then I have to stand down on that. Unfortunately, Amber hid her texts and we don't know if she wasn't the same way with her friends. Sometimes, this is a person's way of venting and they never would actually be violent to a person. He has shown that he will be violent to inanimate objects, not her. So I disagree about him, but your description of your ex sounds like Amber to me.

Sorry that happened to you.

 

[Breathe]

"When you told this jury you punched Mr Depp because you thought of M. Depp pushing Kate Moss down the stairs, you didn't expect Miss Moss to testify that never happened," Ms Vasquez said.

In her response, Heard maintained she knew that plenty of people would come out in support of Johnny because of the ‘power’ he holds over them.

She said: “I've already been through trial with this man. I know how many people will come out in support of him."
It was in her explanation that she admits that the article was about Depp, the crux of what the lawsuit and court case have been centred on.
She continued: “I know how many people will come out and say whatever for him. That's his power.
"That's why I wrote the op-ed.

"I was speaking to that phenomenon, [about] how many people will come out in support of him and will fall to his power.
“He is a very powerful man and people love currying favour with powerful men.”

Amber Heard Admits She Wrote Op-Ed About Johnny Depp Because He Is A 'Powerful Man'

Heard's statements contradict previous claims that the 2018 Washington Post article was not about her ex-husband.

www.ladbible.com

 

[Luna20]

I plan to go back and read some of these testimonies I missed. Thank you!

What’s funny about this guy is 2-fold. Elaine was asking him if he could see the “ammi-ka“ on AH face. He had no clue, he said I don’t even know what that is, but she kept pressing him. All the while Elaine wasn’t pronouncing it correctly. It’s spelled Arnica and it sounds just like it is spelled.

He was asked if he liked the perks from Johnny. He said of course, why wouldn’t I. They are childhood friends, he is living in one of Johnnys properties at the Columbia building. Johnny told him what he wanted to do for him, to his surprise it happened the next day. His accent and how he describes living in a mansion after living in a garage is funny and heartwarming.

As I’m recalling all of this it really could be a movie just based on the humor.

 

[Warwick7]

I'd love to see a poll on how long we all think it will take a jury to reach their verdict.
It's already been mentioned Friday evening, and I think I might agree with that.

I count on Friday evening also.

 

[Luna20]

"When you told this jury you punched Mr Depp because you thought of M. Depp pushing Kate Moss down the stairs, you didn't expect Miss Moss to testify that never happened," Ms Vasquez said.

In her response, Heard maintained she knew that plenty of people would come out in support of Johnny because of the ‘power’ he holds over them.

She said: “I've already been through trial with this man. I know how many people will come out in support of him."
It was in her explanation that she admits that the article was about Depp, the crux of what the lawsuit and court case have been centred on.
She continued: “I know how many people will come out and say whatever for him. That's his power.
"That's why I wrote the op-ed.

"I was speaking to that phenomenon, [about] how many people will come out in support of him and will fall to his power.
“He is a very powerful man and people love currying favour with powerful men.”

Amber Heard Admits She Wrote Op-Ed About Johnny Depp Because He Is A 'Powerful Man'

Heard's statements contradict previous claims that the 2018 Washington Post article was not about her ex-husband.

www.ladbible.com

It’s astonishing that on the final day of trial a defendant seals their own fate after weeks of litigation. Unique and unexpected! That was icing on the cake for team Johnny even if he doesn’t win. What came out of her mouth today is why he sued her. She couldn’t contain herself.

 

[Breathe]

Naomi Campbell comes out in support of Kate Moss for standing up with Johnny Depp in Amber Heard trial

In the light of the matter, the model took to Instagram on Wednesday and complimented her pal Kate Moss for sticking up for her ex-partner Johnny Depp on her story. Campbell wrote, as per Page Six, "YES WAGON TELL IT !! @ katemossagency," using her gal pal's nickname as she attached the caption with the screengrab of an article that quoted the model's testimony from the trial in which she denied all claims that suggest Depp had pushed her down the flight of stairs.

 

[whitelilac]

I just rewatched Alejandro Romero's testimony. Man that guy has patience with EB's questions, which sometimes were repeated over and over, especially about the make up details. Really, the man would know what color foundation she had on, what powder, blush etc?

Towards the end, he just wanted to climb the walls or get out of the car completely, and at one point I thought he was going to cry due to his frustration. He was also dying to vape and hiding it, until he gave up lol, and started driving.

 

[acutename]

what did they mean “the verdict has to be unanimous“?

party only wins if ALL the jurors agree....

 

[shotgun09]

It’s astonishing that on the final day of trial a defendant seals their own fate after weeks of litigation. Unique and unexpected! That was icing on the cake for team Johnny even if he doesn’t win. What came out of her mouth today is why he sued her. She couldn’t contain herself.

I believe Ms Vasquez was totally prepared, and had her finger on the defcon-five button. The first question asked to AH on cross today was pretty much calling her a liar. Amber's reactions from then on were just as expected by team JD. She snarled, slithered, and practically spit out her responses for the remainder of cross. It was another remarkable show on how effective CV is in her abilities...but more importantly, the real Amber Heard that JD had lived with was seen and heard for the world, as well as the jury. She lied with such ease....but her chin was in the air, and her left lip snarled in disgust. She was caught lying, and We saw it

 

[brissygirl2019]

They absolutely 100% should.

haha yes they should!!

 

[Breathe]

It’s astonishing that on the final day of trial a defendant seals their own fate after weeks of litigation. Unique and unexpected! That was icing on the cake for team Johnny even if he doesn’t win. What came out of her mouth today is why he sued her. She couldn’t contain herself.

John F. Kennedy: The great enemy of the truth is very often not the lie -- deliberate, contrived, and dishonest -- but the myth -- persistent, persuasive, and unrealistic.

 

[wasnt_me]

I'm very glad CV got in those pictures of Amber and Rocky the day after Amber filed for a TRO. That, combined with TMZ saying they knew Amber would emerge from the court and show her face and bruise -- and we have a video where she does exactly that -- shows me it was all a staged hoax.

You can't have a bruise one day and not the other. Plus, no one else saw her with bruises that whole week but Rocky and Josh. Seems hoaxsy. A wine bottle pic possibly from 12/15/15? Sounds Hoaxsy. The police don't see "destruction?" sounds hoaxsy.

 

[Warwick7]

I believe Ms Vasquez was totally prepared, and had her finger on the defcon-five button. The first question asked to AH on cross today was pretty much calling her a liar. Amber's reactions from then on were just as expected by team JD. She snarled, slithered, and practically spit out her responses for the remainder of cross. It was another remarkable show on how effective CV is in her abilities...but more importantly, the real Amber Heard that JD had lived with was seen and heard for the world, as well as the jury. She lied with such ease....but her chin was in the air, and her left lip snarled in disgust. She was caught lying, and We saw it

BBM
You nailed AH to a T!!!

 

[Luna20]

party only wins if ALL the jurors agree....

But that applies to every case right?

 

[Breathe]

I'm very glad CV got in those pictures of Amber and Rocky the day after Amber filed for a TRO. That, combined with TMZ saying they knew Amber would emerge from the court and show her face and bruise -- and we have a video where she does exactly that -- shows me it was all a staged hoax.

You can't have a bruise one day and not the other. Plus, no one else saw her with bruises that whole week but Rocky and Josh. Seems hoaxsy. A wine bottle pic possibly from 12/15/15? Sounds Hoaxsy. The police don't see "destruction?" sounds hoaxsy.

Plus AH and RP were laughing the day after. What on earth would be funny after DV you filed a TRO for less than 24 hours before?

 

[whitelilac]

I wonder how Amber feels tonight. Does she grasp the magnitude of what she said today about the Op ed, about calling everybody a liar, about her contradictions, and her snarling demeanor on the stand?

Is EB going to attempt damage control in her closing? Will she state that everyone misheard the Op ed comment, or that AH is so devastated that she misspoke? How can she spin that?

 

[Cindizzi]

https://twitter.com/x/status/1530006939702263829

https://twitter.com/x/status/1530007392624181254

https://twitter.com/x/status/1530008597651922963