The jury gives the reason in its verdict to Johnny Depp: Amber Heard sentenced to pay him 15 million for defamation
The sentence considers that both defamed each other, but concludes that the mistreatment that the actress denounced was false
The seven members of the popular jury have ruled that the actress Amber Heard defamed her ex-husband, the actor Johnny Depp, with his article in The Washington Post in which she presented herself as a victim of abuse. Depp also defamed her, but in only one of the three statements on trial, made by her lawyer. It is a great victory for the actor. Heard must pay him 15 million dollars (14 million euros, at the current exchange rate) and he, two million to her (around 1.9 million euros), but beyond the difference in amounts, the jury establishes that Depp does not he mistreated Heard.
Amber Heard has been present in the courtroom, crestfallen, while the court found her liable for defamation. Johnny Depp has been photographed these days singing on stage at Jeff Beck's concerts in Sheffield and London, England. The sentence has not waited for him.
Of the 15 million that the actress must pay to the actor, 10 million are for compensatory damages and 5 for punitive damages. The two million to be paid by Depp are for compensatory damages, nothing for punitive damages. Legal sources, however, point out that the legislation of the State of Virginia, where the case has been tried, limits compensation for punitive damages to $350,000, so that Heard would only have to pay $10.35 million.
The verdict reading has been delayed because the jury had filled out the sentencing form incorrectly. Judge Penny Azcarate told them that if they considered that there had been defamation, they had to set the amount of compensation. That gave a clue about the ruling: there was defamation, but it was not known from whom. In the end it was both of them, although to a different degree. Surely that blank space corresponded to zero for punitive damages.
Heard and Depp's reactions
Heard has clearly assumed that she has been the loser: "The disappointment I feel today is beyond words," she said in a statement. “I am heartbroken that the mountain of evidence was not enough to stand up to the disproportionate power and influence of my ex-husband.” Heard continued: “I am even more disappointed with what this verdict means for other women. It's a setback. It turns back the clock to a time when a woman who spoke up could be publicly shamed and humiliated. It hurts the idea that violence against women should be taken seriously."
And Depp has sung victory: "Six years ago, my life, the life of my children, the life of my closest ones and also the life of the people who for many, many years have supported me and believed in me, changed for forever. All in the blink of an eye. False, very serious and criminal allegations were made against me through the media, which triggered an endless barrage of hateful content, although no charges were ever brought against me. I had already circled the globe twice in a nanosecond and it had a seismic impact on my life and career. And six years later, the jury gave me my life back. I am truly honored," she said in another statement.
The jury has ruled that all three of Amber Heard's statements that were on trial were defamation:
“I spoke out against sexual violence and faced the wrath of our culture. That has to change."
“Then, two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's anger at women speaking out.”
—"I had the rare advantage of seeing, in real time, how institutions protect men accused of abuse."
This is the statement by Depp — actually her former attorney, Adam Waldman, which Heard believes she made on behalf of the actor — deemed defamatory:
“Simply, this was an ambush, a deception. They set up Mr. Depp by calling the police, but the first attempt was unsuccessful. Agents went to the attics, searched and interviewed them thoroughly, and left after seeing no damage to the face or property. So Amber and her friends spilled some wine and messed up the site, cleared up their stories under the direction of a lawyer and a publicist, and then made a second 911 call.” (The Daily Mail, April 27, 2020).
However, claims by Depp's lawyer that he referred to the alleged abuse as a hoax or hoax and referred to Heard's words as "false accusations" are considered neither false nor defamatory. There is no factual account, but the conclusion of the jury through these statements is evident: there was no abuse or rape and Heard invented a hoax.
The jury began its deliberations last Friday. When leaving the sessions, especially on weekends, Judge Penney Azcarate warned them that they could not talk about the case with anyone, not family and friends, nor could they follow the news, opinions and comments that have been multiplying in the press. , radio, television and social networks.
The trial has been extended over a month and a half of marathon sessions in the Fairfax courthouse (Virginia), the town where The Washington Post, the newspaper where the article that gave rise to the entire process, has its presses. Depp filed a lawsuit in which he asked for 50 million dollars (about 47 million euros, at current exchange rates) in compensation. For her part, Amber Heard counterattacked and filed another lawsuit in which she claimed 100 million dollars from Depp, although her lawyer has admitted that this figure was not realistic and that what they wanted was to send a message.
The trial, broadcast live by numerous media outlets in the United States, has generated great expectation. The public could go to the room where the hearings were held, but there was only capacity for about 100 people. The queues have been increasing and in the last week of the trial many people stayed to sleep at the door of the court to secure their place.
The sessions have exposed to the world the intimacy of the couple of Hollywood stars in a poisoned relationship. The two versions of the same story presented to the jury were completely opposite.
Campaign against Heard in the networks
Among the public that came outside the court, support for Johnny Depp was predominant. Some of his followers dressed up as pirates and cheered him in and out. “I am, and have been, overwhelmed by the outpouring of love and the colossal support and kindness from everyone. I hope that my quest for the truth to be told has helped others, men or women, who have found themselves in my situation, and that those who support them never give up. I also hope that the position will now return to innocent until proven otherwise, both within the courts and in the media," Depp said in his statement.
Amber Heard has had much less support, has been booed on occasions and has been the victim of harassment on social networks, with humiliating labels and constant negative messages, according to an expert hired by the defense of the actress herself.
“The most intimate, embarrassing and deeply humiliating things I have ever survived are used against me every day, over and over again. It is torture. I am suffering a lot emotionally. I have a baby. I want to keep going forward. I want Johnny to move on too. I want him to leave me alone, "said the actress at a trial session. Moving on was also what the actor's defense demanded: "We ask you to give him his life back by telling the world that Mr. Depp was not the abuser, but Mrs. Heard was and that they hold her responsible for her lie," he said. his lawyer Camille Vasquez, whose arguments and presentation of the case have convinced the jury.
On the closing day, Johnny Depp's lawyers asked the jury to decide on the general credibility of the actor and actress. They demanded an overall analysis, concluding that Heard was the real abuser who had "played the role of her life" by lying about the abuse. “From the beginning, the goal of bringing this case was to reveal the truth, regardless of the outcome. Telling the truth was something I owed to my children and to all those who have stood firm in their support of me. I feel at peace knowing that I have finally made it, ”adds the actor in his note.
Heard's lawyers, for their part, appealed to the freedom of expression enshrined in the First Amendment of the United States Constitution. His argument was that even if the jury found the account of sexual assault, rape and physical abuse to be untrue, psychological or financial abuse would suffice to win Heard for her right to free speech. They have not been successful.
The sentence is appealable and there are those who believe that it is even possible that the trial will have to be repeated.
The six sentences on trial
The cross-defamation lawsuit focused on these six statements, on which the jury has ruled, three from Amber Heard that Johnny Depp considered defamatory and three from a former Depp lawyer, who the actress believed was speaking on behalf of her client. and defamatory. The jury finds that all three of Heard's statements were defamatory and only the second by Depp's lawyer was.
Statements by Amber Heard in an article published by her ex-wife in The Washington Post on December 18, 2018:
“I spoke out against sexual violence and faced the wrath of our culture. That has to change."
—“Then, two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s anger towards women who speak out.”
—"I had the rare advantage of seeing, in real time, how institutions protect men accused of abuse."
Affirmations of Adam Waldman, lawyer of Johnny Depp:
— “Amber Heard and her friends in the media use false accusations of sexual violence as a sword and as a shield, depending on her needs. They have selected some of his 'facts' of sexual violence as the sword, throwing it at the public and at Mr Depp." (The Daily Mail, April 8, 2020).
“Simply, this was an ambush, a deception. They set up Mr. Depp by calling the police, but the first attempt was unsuccessful. Agents went to the attics, searched and interviewed them thoroughly, and left after seeing no damage to the face or property. So Amber and her friends spilled some wine and messed up the site, cleared up her stories under the direction of a lawyer and a publicist, and then made a second 911 call.” (The Daily Mail, April 27, 2020).
"We have reached the beginning of the end of the abuse hoax launched by Mrs. Heard against Johnny Depp." (The Daily Mail, April 27, 2020).
