Civil, News

Amber Heard and Johnny Depp – 10 Facts The Public Should Know
The Defamation Trial


Amber Heard and Johnny Depp are facing each other in court on live TV after Depp filed a lawsuit against Heard over an article she wrote for The Washington Post in 2018. In the op-ed, Heard wrote: “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.” In the courtroom, Depp’s defense team says the article falsely implies that he abused Amber Heard during their marriage. Depp is seeking $50 million for defamation, while Amber Heard is countersuing for $100 million.

Amber Heard and Johnny Depp
Amber Heard and Johnny Depp – Defamation Trial, Amber Heard takes the stand.

The trial is set to start again tomorrow after a week-long break, giving the jury time to reflect on testimony by both Amber Heard and Johnny Depp and the many contradictions that were presented in the case. In anticipation of Amber Heard’s cross-examination, here are 10 facts that the public should know about the Johnny Depp vs. Amber Heard defamation trial.

1

Depp’s Mother Abused Him as a Child

According to Depp, he, his three siblings, and his father lived in fear of their mother, a volatile and violent woman. “She was very unpredictable. She had the ability to be as cruel as anyone can be with all of us” Depp also told jurors: “The verbal abuse, the psychological abuse, was almost worse than the beatings. The beatings were just physical pain. The physical pain, you learn to deal with. You learn to accept it. You learn to deal with it.” 

Depp’s Sister Speaks About Their Childhood Abuse

Christi Dembrowski, Depp’s older sister and personal manager, also testified about the abuse they received from their mother, Betty Sue Palmer, while growing up. “We would run and hide,” she recalled while watching her mother physically abuse their father. “She would hit us. She would throw things.” When asked whether Johnny Depp ever retaliated against his mother, Dembrowski said No, “He never went to that place.” According to Dembrowski, Betty “softened” as she grew older. Betty Sue Palmer died in May 2016 at the age of 81, just days before Heard filed for divorce from Depp.

“I suppose because my father stayed [in his abusive marriage]… And I didn’t want to fail. I wanted to make it work. I thought maybe I could help her. I thought maybe I could bring her around. Because the Amber Heard that I knew for the first year, year and a half, was not this. She had become my opponent.” Depp told the court when asked why he stayed in the relationship despite the abuse. 

2

Johnny Depp Had to Pay Over $14 Million During His Divorce from Amber Heard

On the 11th day of the trial, Johnny Depp’s business manager, Edward White, testified that Depp spent over $14 million on his divorce from Amber Heard. White described how Heard’s request for money and assets kept increasing. “She was initially looking for a consideration of $4 million, but the demand continually increased,” White said during direct questioning from Depp’s attorney. “It went from $4 million to $5 million. Then it went from $5 million to $5.5 million, then it went to $7 million, and then it was $7 million and she required – demanded – that Mr. Depp also pay $500,000 to her attorneys.”  

“So the next demand was that all of the community liabilities that were unresolved… $13.4 million, that Mr. Depp had to pay” – Edward White

White continued, “So the next demand was that all of the community liabilities that were unresolved… $13.4 million, that Mr. Depp had to pay those liabilities in its entirety, so at that point, she was demanding $14,250,000 of consideration… and then it got worse. The next demand was that all of this consideration be paid to her free of taxation. ” 

3

Amber Heard Sent Johnny Depp a Letter of Demands Before Filing the Restraining Order, If He Didn’t Comply – He Would Be Publicly Accused of Domestic Violence

Amber Heard’s lawyers sent Johnny Depp a list of demands three days after the couple had their alleged explosive argument that led to Heard filing for divorce. Heard’s representative, Samantha Spector, sent a letter expressing Heard’s desire to “keep this matter out of the media spotlight” if Depp cooperates with the demands. The list requested Depp to pay over $100,000 in legal and accounting fees as well as the expectation that he would pay for a black Range Rover that she would continue to have “exclusive use and possession” of. 

She also requested “exclusive use and possession” of three properties Depp owned in the Eastern Columbia Building in Downtown Los Angeles, penthouses 1, 3, and 5, along with Depp paying the mortgage and all the utility bills.

Demand Letter and Ultimatum

“Although Amber is afraid of Johnny, she strongly insists that we do everything possible to keep this personal matter out of the media spotlight, which is why she has not yet sought a DV TRO and why we did not arrange for Johnny to have been personally served at last night’s movie premiere.” The letter stated. Spector ordered Depp to sign it and return it to them by May 27, 2016. If he would not comply, then they would have no choice but to serve him a Domestic Violence Temporary Restraining Order.

4

Amber Heard Never Donated Her 7 Million Divorce Settlement to ACLU and CHLA 

“Seven million in total was donated. I split it between ACLU and Children Hospital of Los Angeles.” Heard told the audience during an appearance with RTL Late Night Met Twan Huys in 2018. She also added, “I wanted nothing” dismissing the notion that she wanted monetary compensation in her divorce from Depp. 

Heard Became Ambassador of ACLU

Terence Dougherty, the general counsel of the ACLU (American Civil Liberties Union), explained that the organization appointed Heard as an ambassador after she pledged the 3.5 million dollar donation. “Ms. Heard spoke with such clarity and expertise on issues of gender-based violence that [ACLU representatives] decided she would be an appropriate person to ask to become an ACLU ambassador,” Dougherty told the court. 

Heard Only Contributed 350,000, Not 3.5 Million

Doughtery also stated that the ACLU received $1.3 million in donations connected to Amber Heard, not Heard herself. The $1.3 million came from three sources: $100,000 directly from Depp, $500,000 from Elon Musk, and 350,000 from an anonymous donor. 

A contribution of $350,000 was made directly by Amber Heard. A representative of the ACLU told the court that the group believed Heard was having financial difficulties by 2019 when donations attributed to Heard ceased.

Children’s Hospital of Los Angeles Never Received The Pledged Donation

CHLA (Children’s Hospital Los Angeles Foundation) released an inquiry letter regarding Amber Heard’s pledge in 2019. In the letter, CHLA asked about the remainder of the $3.5 million that Heard pledged to give them in 2016. The charity never received additional funds since the first installment, according to the letter.

5

Amber Heard Admits to Hitting Depp and Starting Physical Fights

“I can’t promise I won’t get physical again, I get so mad I lose it.” Amber Heard says on an audiotape heard by the court. Heard admits to ‘hitting’ Depp and attacking him with pots, pans, and vases. In the recording, Depp can be heard asking her whether she had “lost memory” about “kicking” in the door of a bathroom that he had retreated to, before hitting him “in the skull.” In the same recording, Heard berated Depp for repeatedly escaping to bathrooms when they had fights, insisting that he did not “escape the fight” but avoided “the solution” and efforts to “work it out.” 

“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” – Amber Heard

In response to Depp’s accusation that she had punched him, she claimed that she had “hit” him. “You didn’t get punched, you got hit,” Heard said in the recording. “I’m sorry I hit you like this, but I did not punch you. I did not f**king deck you. I f**king 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.”

Depp told jurors about another fight Heard instigated when she started “scratching” him in Dec. 2015. He admitted to trying to “restrain” her and that there was “accidental contact, but not a headbutt” as she has claimed.

6

The Op-ed Was Written By Heard and Was Definitely About Johnny Depp

Heard’s defense team claimed that Heard was not the author of the Washington Post Op-ed, therefore she can be liable for defamation. However, during her testimony, she confirmed that she was in fact the author. “I am here because my ex-husband is suing me for an Op-ed I wrote.” Heard told jurors. 

The ACLU Helped Heard Draft The Op-ed

The ACLU agreed to draft the Op-ed in which Heard claimed she was “a public figure representing domestic abuse.” The group’s communication team sought to include Heard’s “fire and rage” on the subject, but internal ACLU emails, including drafts and changes to the article, reflect the organization’s concerns that referencing domestic abuse could violate the terms of the non-disclosure agreement Heard signed in her divorce.

“Based on my review of higher drafts of the op-ed, I knew that it was referring to Johnny Depp and her marriage,” Terence Dougherty testified during a 2021 video deposition shown to the jury.

Apparently, Heard had requested to include her temporary restraining order against Depp in the article, but the wording was removed by her lawyers.

7

Depp Lost Movie Roles and Financial Opportunities Because of the Op-ed

Despite the initial allegations in 2016, Jack Whigham, Depp’s talent manager, said Depp was still able to work. As of 2017, he had been paid $8 million for City Of Lies, $10 million for Murder on the Orient Express, and $13.5 million for Fantastic Beasts: The Crimes of Grindelwald.

However, he said the Washington Post article was particularly damaging to Depp’s career. “It was a first-person account, extremely impactful,” Whigham said of the op-ed. Afterward, he said Depp struggled to get any kind of work. Whigham stated that a $22.5 million verbal arrangement he had with Disney for a sixth Pirates picture was canceled, and he had to accept a salary reduction – down to $3 million – to make the indie film Minimata.

Expert Entertainment Lawyer Says The Op-ed Created a “Cancel” Situation for Depp

Richard Marks, an expert witness, and entertainment lawyer, also took the stand to discuss his review of Depp’s career opportunities after the release of the op-ed. “My general opinion is that the op-ed damaged Mr. Depp. Created a cancel situation, if you will,” Marks said. “Harmed his reputation and ability to get work in the Hollywood industry.”

According to Marks, Johnny Depp’s accounting records and contracts confirmed that following the release of the Op-ed “Mr. Depp suffered loss earnings of approximately 40 million dollars.”

“My general opinion is that the op-ed damaged Mr. Depp. Created a cancel situation, if you will,” – Richard Marks

“That actor is synonymous with the product,” Marks said. “When hiring that actor or actress, you want a reputation that supports the value that you spent on creating that product. Especially in the last five years, with the #MeToo movement, you wouldn’t want negativity hiring an actor who quote-unquote had been canceled.

8

‘Mutual Abuse’ Phrase Taken Out of Context By Media

When Laurel Anderson, a professional psychologist, and the couple’s marriage counselor described their relationship as one of “mutual abuse,” headlines from Variety, People, Insider, The Guardian, and Entertainment Weekly flooded the internet. What they fail to acknowledge is that Anderson diagnosed the relationship as mutually abusive after Heard alleged horrific domestic violence accusations, which makes this portion of her testimony solely based on what Heard told her after the marriage was over. Anderson testified that she saw Heard as the dominating, aggressive partner during the marriage.

“It was a source of pride for her to instigate a fight if she felt insulted,” Anderson said. “Her father had beaten her.” Anderson said that Heard would rather fight Depp than see him go and that she would “hit him to keep him there.”

Experts Don’t Agree With The Term “Mutual Abuse”

The term “mutual abuse” is frowned upon by many domestic violence experts. The reality of “mutual abuse” is disputed by Ruth Glenn, president, and CEO of the National Coalition Against Domestic Violence (NCADV). She claims that there is a “primary aggressor” in every event involving two individuals.

“I don’t believe in mutual abuse. I don’t believe that two parties decide to meet in the kitchen and box it out,” Glenn said. “It just doesn’t sound right, reactive abuse. I’m going to abuse you as a reaction? No, I’m going to defend myself as a reaction.” Self-defense against an aggressor might “look like abuse,” but it’s not the same as an abuser controlling a victim.

According to psychologist Betsy Usher, who specializes in treating abuse and trauma, self-defense might involve name-calling, physically pushing back, and other emotional outbursts. Usher said in a blog post from 2021 that abusers may blame their victims and accuse them of being the abuser if they defend themselves.

9

Only Johnny Depp Had Bruises and Injuries After Arguments, According to Witnesses

Multiple witnesses testified to what they observed during and after the ex-couples’ arguments. Depp testified to a brutal fight with Amber Heard that left him with a severed fingertip, as photos of the gruesome injury were shown in court. During the filming of one of the Pirates of the Caribbean franchise films in Australia, Heard became enraged and threw a bottle of vodka at him, cutting off the tip of his finger. “I was looking at my bones sticking out,” said Depp. 

Security Team Observes Amber Heard Attacking Depp

Several images taken by Sean Bett were submitted to the jury, depicting bruises to Depp’s face during claimed altercations with Heard. Bett stated that Depp’s injuries should be documented “in case Heard made allegations” against him. Bett said that he had never seen such bruises on Heard’s body and that she had never complained to him about Depp abusing her.

Travis McGivern, a security guard under Depp’s employment, recalled hearing a “relatively peaceful conversation” that devolved into a “louder” and “more volatile” exchange. It was revealed that Heard threw a can of Red Bull at Depp during the incident, prompting McGivern to stand near Depp as the “verbal onslaught continued from both of them.” In addition, he noted that he had blocked Heard’s purse from hitting Depp and that Heard “tried to spit on” him amid the “verbal vitriol from both of them.”

Photo evidence of Depp’s injuries

In response, Depp allegedly “rearranged” Heard’s closet by throwing some of her belongings down the stairs, causing disarray. Heard and her sister Whitney returned to the penthouse “agitated,” McGivern said. “Out of the corner of my eye, I saw a fist and an arm come across my right shoulder, and I heard and saw a closed fist contact Mr. Depp in the left side of his face. That was Ms. Heard’s fist.”

As he described the actor’s reaction, he said, “the initial look on his face mirrored mine, kind of a look of shock.” Like, ‘What just happened? Where did that come from?’ At that point, I wasn’t gonna let Mr. Depp get hit anymore, so I moved him down the last flight of stairs to the lower level and told him, ‘We are leaving.’ It wasn’t up to him anymore. Just for his safety.” McGivern described seeing a “nice little shiner” on Depp’s face afterward, which was “swollen and red” but not “black and blue.” 

Officer Saenz Testifies That She Did Not Identify A Crime

On May 21, 2016, Officer Melissa Saenz, a 12-year veteran of the LAPD responded to a 911 call at the couple’s penthouse in downtown L.A. but found no signs that Heard had been abused. Officer Saenz claimed in a filmed deposition, “I performed a search of the location for a suspect.” Saenz testified that she and her partner checked two penthouses, but did not discover any suspects. There was no evidence of property damage either.

Saenz claimed Heard appeared “flushed” like she’d been sobbing when asked about red markings on her face by attorneys, but the officer didn’t detect any injuries. Saenz said she did not submit a report and that the event was “closed” because there was no crime, in her opinion.

“We met with the victim. We checked the location, the husband wasn’t there, and the victim advised us that she’d just had an argument and that she wasn’t going to give us any further information. Because we didn’t identify a crime, we issued her a business card, letting her know that she could reach out to us later if she wanted to cooperate,” Saenz said.

10

Amber Heard Blames Lawyers For Domestic Abuse Allegations – On Audio

In the aftermath of Heard’s public abuse claims against Johnny Depp, a recording emerged of the former couple trying to straighten out the media frenzy. Heard is concerned that if she retracts the statements she provided about their marriage, she will lose credibility. Depp is telling her to deal with the consequences of her actions, insisting that she shouldn’t have made domestic violence claims at all. 

Heard then alleges that her attorneys and Johnny Depp’s team forced her to make abuse claims because Johnny resisted her demands. “I’m sorry because the last time that it got crazy between us I really did think I was gonna lose my life and I thought you would do it on accident – and I told you that.” Heard claimed. When Depp reminded Heard about the finger incident and throwing a can at his nose. Heard proceeds to taunt him. 

“You can tell people it was a fair fight and see what the jury and judge think.”

“Tell the world, Johnny, tell them, Johnny Depp, I, Johnny Depp, a man, I’m a victim too of domestic violence,” Heard says, before going on to challenge him to “see how many people believe or side with you.”