Johnny Depp Wins a War of Credibility Against Amber Heard

In his opening assertion, Amber Heard’s legal professional warned jurors that Johnny Depp’s legal professionals have been seeking to flip his Virginia defamation trial into a cleaning soap opera. The legal professional, Ben Rottenborn, stated the case was not about “who you want extra,” or “which social gathering can sling extra mud.” As an alternative, he stated it was in regards to the proof and the legislation, and whether or not Depp may meet his authorized burden to point out that Heard had defamed him.

“He can’t come near doing that,” Rottenborn predicted. “The proof isn’t fairly for Mr. Depp.”

Seven weeks later, nonetheless, the jury issued a unanimous verdict in favor of Depp. The seven jurors discovered by “clear and convincing” proof that Heard had lied about him when she wrote a 2018 op-ed within the Washington Submit, describing herself as a “public determine representing home abuse.” In addition they dominated in Heard’s favor on one of three counterclaims, however the total consequence was a lopsided win for Depp. Depp was awarded $15 million — pared again to $10.35 million beneath Virginia’s punitive damages cap — whereas Heard was granted simply $2 million.

“What the jury stated was, ‘Each of you probably did unhealthy issues,’” stated Lawrence McClafferty, a trial lawyer based mostly in Fairfax, Va. “However their view is that what she did is an order of magnitude worse.”

As Rottenborn predicted, the proof was not fairly, for both aspect. Jurors have been proven textual content messages by which Depp referred to as her a “cunt” and a “filthy whore” and stated he wished to drown her and “fuck her burnt corpse afterwards to verify she’s useless.” They heard testimony about Depp’s substance abuse, noticed footage of each actors with bruises on their faces — which every stated was the consequence of blows from the opposite — and of trashed flats and rental properties, and heard audio recordings of intimate and brutal arguments that have been by no means supposed for public consumption.

In 2020, Decide Andrew Nicol reviewed a lot of the identical proof in the UK and dominated in favor of Heard, discovering that her allegations have been “considerably true.”

However in Virginia, the jury was extra persuaded by Depp’s account. In 4 days of testimony, Depp advised the jury that whereas he and Heard had argued, and he had generally expressed “darkish humor,” he had by no means hit her, and would by no means hit any girl.

“It’s insane to listen to heinous accusations of violence — sexual violence — that she’s attributed to me,” Depp stated on the stand final week. “No human being is ideal. Actually not. None of us. However I’ve by no means in my life dedicated sexual battery, bodily abuse.”

Attorneys who adopted the case stated the end result largely boiled all the way down to which of the 2 actors appeared extra reliable, and that turned out to be Depp.

“Don’t ever underestimate star energy in a courtroom. It goes a great distance,” stated Dave Ring, a trial legal professional in Los Angeles. “I don’t care what the legislation is, what the information are. If you happen to’ve received a standard movie star within the courtroom, that particular person is profitable 95% of the time. Take a look at all his flaws and his unhealthy conduct — the jury didn’t appear to thoughts that in any respect.”

Mitra Ahouraian, a Los Angeles legal professional who has been commenting on the case for Regulation & Crime, stated that the jurors seem to have agreed with viewers who adopted the trial on-line — the overwhelming majority of whom sided with Depp, and located Heard’s account of typically ugly abuse to be implausible.

“It’s her demeanor greater than something,” Ahouraian stated, noting that Heard appeared to cry at odd moments whereas recounting occasions that occurred a few years in the past. “We intuitively really feel she was not being trustworthy.”

She stated that Depp, in contrast, got here off as “genuine” and “pure,” and did a good job of accepting his flaws.

“That’s what made him credible,” she stated. “He got here off as who he’s.”

Valentina Shaknes, an legal professional based mostly in New York, stated she, too, discovered Depp to be extra honest and credible than Heard was. However she acknowledged there is a component of efficiency concerned.

“You may have two film stars,” she stated. “It’s a contest on which is a higher actor. Every accused the opposite of placing on the present of their lifetime. Is that this a verdict on their appearing means?”

She famous that Rottenborn’s remark in his opening assertion, by which he stated the case is just not about which social gathering the jurors favored extra, confirmed that “You’re deeply conscious that is a recognition contest.”

Many observers predicted that the jury would discover each events to be so off-putting that they might award nothing to both aspect. However the verdict — particularly the $5 million punitive damages award for Depp — confirmed that they have been way more hostile to Heard.

“The jury didn’t like Amber Heard,” Ring stated. “They didn’t like what she did. They didn’t just like the model of herself that she delivered to trial. And Johnny Depp clearly gained.”