Law&Crime Sidebar - Depp v. Heard Day 16 Recap

Episode Date: May 17, 2022

Amber Heard returned to the stand Monday and completed her direct examination. Then, Johnny Depp's attorney, Camille Vasquez, began cross-examination. Vasquez started by asking Heard why Depp hasn't looked at Heard during the trial. A recording reveals the answer why. Is a $7 million pledge the same as a donation? And when exactly did Heard start dating Elon Musk? A court document reveals the answer. SUPPORT THE SHOW:Get Surfshark VPN at https://surfshark.deals/LAW83 - enter promo code LAW83 for 83% off and 3 extra months for free!See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wondry Plus in the Wondery app Apple Podcasts or Spotify. Agent Nate Russo returns in Oracle 3, Murder at the Grandview, the latest installment of the gripping Audible Original series. When a reunion at an abandoned island hotel turns deadly, Russo must untangle accident from murder. But beware, something sinister lurks in the grand. View Shadows. Joshua Jackson delivers a bone-chilling performance in this supernatural thriller that

will keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. I knew I had to leave him. I knew I wouldn't. I knew I wouldn't survive it if I didn't. So I made the decision to file for divorce. Amber heard claiming she filed for divorce from Johnny Depp because he had been violent during their marriage. Or was he? Mr. Depp is your victim, isn't he? No, ma'am. Depp's lawyer, Camille Vasquez, flipping the script on cross-examination. I pledged the entirety of the settlement, seven million to charity. That's not my question. and I intend to fulfill those obligations.

That's not my question. I'm Ann Jeanette Levy and welcome to Law and Crime's Sidebar podcast where we take a deep dive into the testimony in the defamation trial of Johnny Depp v. Amber Hurd. Amber Hurd's second day on the stand began with her recalling instances in which she claims Johnny Depp physically and sexually assaulted her during their marriage. Depp denies those claims. Heard had initially testified the violence started in 2013, but on Monday, she said it was actually 2012. That was the time Hurd said Depp hit her in the face when she made a remark about one of his tattoos.

She said she reviewed text messages and diaries to refresh her memory. How is it that you didn't just remember all of those events like this? that's that's not how your memory or my memory works then her denied telling her private nurse Aaron Borum Falati that she had been addicted to both liquor and cocaine and that she had been diagnosed with bipolar disorder and eating disorders when did you provide a client history to Aaron Falati I never When did you first get assigned Aaron Falati? I believe September of 2014.

Okay. Now it says here that client reports a history of substance abuse, including an addiction to cocaine and liquor. When did you have a history of substance abuse, including addiction to cocaine and liquor? and liquor. I did not. There's a lot of mistakes in here. So Heard is basically suggesting that Falati, who was hired to provide medical care for her, basically wrote things in her patient notes that weren't true. Hurd then tried to explain an audio recording where she admitted hitting Depp. Don't tell me what it feels like to be punched. You know, even a lot of five's been around a long time. No, when you have a closed fist.

You got hit. I'm sorry I hit you like this. But I did not punch you. I did not fucking deck you. I was hitting you. You can't deck you. I don't know what the full motion of my actual hand was. But you're fine.

I did not hurt you. I did not punch you. I was hitting you. How are your toes? What am I supposed to do? Do this? How are your toes? I'm not sitting here bitching about it.

Am I? You are. That's a difference between me and you. You're a fucking baby. Because you start physical fights? You are such a baby. Because you start physical. Because you start physical.

fights. Amber, please explain to the jury what's transpiring in that audio recording, what that's about. Well, there's two different, there's two different situations that we're referencing in this fight, two different altercations between Johnny and I involving the door, the first of which, which we first start talking about, where I'm talking about hitting him, I am talking about, what that conversation is about is about the disparity, the disparity between Johnny and I in our physical fights, the disparity of how he would proactively punch me, and I would have to resort to reactively hitting him. We've told you about the defecation in the bed. Johnny Depp said his housekeeper found feces on his side of the bed at the penthouse, the morning after

Hurd's 30th birthday party in 2016. Well, Hurd blames the poo on Johnny Depp's dog Boo. What if any issues did Boo have with bathroom problems, if you will? Objection leading and relevance. Overruled. She had eaten Johnny's weed when she was a puppy and had bowel control issues for her entire life, among some other issues. She was, you know, we regularly had to take her to the vet to try to figure out, well, what was wrong with this dog? Never met a dog that was quite like this. So she had some control issues, hence why we would, she liked to burrow in the bed.

She liked to be in the, you know, by the foot of the bed underneath the covers. And it was customary that they slept in bed with us. boo having the issue she had we have to leave her in bed so that she wouldn't be encouraged to go to the bathroom which would happen almost immediately once you put her down on the floor now remember starling jenkins one of depp's bodyguards said that herd called the feces a practical joke gone bad why would that not be something you would do first of all i don't think that's funny i don't know what grown woman does. I was not also in a pranking mood. My life was falling apart. I was at a crossroads in my

life. I was really serious and I had just been attacked on my 30th birthday by my violent husband with whom I was desperately in love and knew I needed to leave. It was not really a jovial time and I don't think that's funny, period. That's disgusting. Hurd then testified about, that critical date in May of 2016. It was May 21st, a Saturday night. It was the night that Johnny Depp said he went to the penthouse to get his things. He was going on tour with his band in Europe. He said he had already told Heard that he wanted a divorce. Heard said she had called her friend, I owe till it right, when Depp got there. Johnny hears this when he's on the stairs. He made it up one flight of stairs. Heard this turned around, came bolting down the stairs.

grab the phone from my hand and really, really started screaming this time. Let into I.O. called I.O. every imaginable horrible name that you can say to a LGBT. QI.A. person, for one, and any person, any human being ever. I mean, just screamed at I.O. Some really nasty stuff. And he, when he was done, he says, you know, you want to have my woman now, you want to have my bitch, you can have, you take her, you can have her, and he, with that, picks up, just pulls his arm back with the phone and throws it at my face, hit me right in my, it felt like my eye. I put my head in my hands, immediately start crying.

I said you hit me with the phone. Johnny, you hit me. Hurd said Depp then trashed Penthouse 5 carrying a magnum-sized wine bottle. Two days later, she filed for divorce. And four days after that, she obtained a domestic violence restraining order against Depp, who was in Europe touring with his band. Hurd also testified about her counterclaim against Depp. She claims Depp and his lawyer Adam Waldman smeared her.

And this is an article that was in the Daily Mail on 8 April 2020. You see that? And then Michelle, if you can move that to the next page, and perfect. It says, Adam Waldman, Depp's lawyer, said afterwards, Amber Hurd and her friends in the media use fake sexual violence allegations is both a sword and a shield depending on their needs they have selected some of her sexual violence hoax facts as the sword inflicting them on the public and mr. Depp do you see that yes I do is this a true or a false statement false and why is it false well you have to use to use to to

use what I've lived through and what I've survived, calling it fake, saying that I'm harming Johnny with this, I'm harming the public with this. This is what I've lived through, and to say that it's a hoax, that these aren't even real things. I mean, after everything I've lived through and survived. And also, I hadn't even spoken about the sexual abuse within my marriage. Heard then told the jury that she could not donate her $7 million divorce settlement from Depp to the ACLU and the Children's Hospital of Los Angeles because Depp was suing her.

To date, the Children's Hospital hasn't received a dime from Heard. This podcast is sponsored by Surf Shark. Surfshark VPN can get rid of a lot of problems for you with an, easy to use one-for-all solution. Surfshark turns you into an anonymous and hard-to-trace online user and makes the internet a safer and more enjoyable place for you. With the click of a button, you can forget about data mining and intrusive advertisements. Use promo code Law 83 to get 83% off, plus three extra months free. Surfshark offers a 30-day money-back guarantee so there's no risk. Surf with your own set of rules. The link is in the description.

Now to the cross-examination that everyone's been waiting for by Camille Vasquez, Depp's lawyer. Commentators have made a lot about Depp's body language and the fact that he doesn't ever look at Amber Heard. Listen to Vasquez. Mr. Depp hasn't looked at you once this entire trial, has he? Not that I've noticed, no. You've looked at him, though, many times, haven't you? Yes, I have. You know exactly why Mr. Depp won't look back at you.

don't you? I do. He promised you he would never, you would never see his eyes again. Isn't that true? I don't recall if he said that. Vasquez then played an audio recording from July 2016. When Depp met heard in a hotel room in San Francisco at her request, this was after she had obtained that domestic violence restraining order. She asked him, is this how you want it to end? Oh, no, a hug will save it all this, all this, everything we just think is. I just wanted, I just wanted to touch you. Really, after all this shit you just said? Yes, I just wanted to give you a heart.

I just, yes, yeah, please, please, stop. You fucking... Please, I just wanted to hug you and say bye. I wanted to egg back. We did that last night, it's fine, that was good enough. But you don't know what else. No, because I'm nothing to you, and I will always be nothing to you. talking to you.

It's just calm. Like, Oh, no. Listen, me. You're not, I shouldn't be calm. You don't. You don't.

No. Not with you. You're in a fucking heart. No, we'll never see each other again. Please. Don't take my fucking glasses. You don't like fucking look at, not my fucking eyes. You will not see my eyes again.

that's you and Mr. Depp in that recording that is and this is from when you and Mr. Depp met in San Francisco in July of 2016 right yes that's what it sounds like that was in the hotel we met once after that as well this is after you publicly accused him of domestic abuse yes and got my TRO and he tells you you will not see my eyes again doesn't he yes he does in that recording And he kept that promise, hasn't he?

As far as I know, he cannot look at me. He won't look at you, right, Ms. Hurd? He can't. Vasquez then questioned heard about the recording, where she told Depp to tell the world he was a victim of domestic violence. He was the jury and judge think. Tell the world, Johnny, tell him Johnny Depp. I, Johnny Depp, man, I'm a victim, too, with domestic violence.

Yes. And I, you know, it's a fair fight. It's these probably people believe, or. that's your voice on that recording right yes it is you were speaking with mr. Depp yes and you said to mr. Depp quote you can tell you can please tell people that it was a fair fight and see what the jury and the judge think tell the world Johnny tell them Johnny Depp I Johnny Depp a man a victim two of domestic violence end quote that's what you said right I was saying it to the man

who beat me up yes I thought it was preposterous and the man you beat up numerous times right mr. I could never hurt Johnny you're here in this courtroom because mr. Depp finally told the world that he is a victim of domestic violence I know that he is suing me and has sued other people or corporations that have said that as well Vasquez also questioned heard about photos she took of herself after she claimed Depp hit her countless times with this hand. You know, the hand with the big chunky rings. Your nose doesn't appear to be injured in any of these pictures, does it misheard? I'm wearing makeup. Your nose doesn't appear to be

injured in any of these pictures, does it misheard? That's why I'm wearing makeup. Right. And makeup covers up swelling, right? Makeup will not cover up swelling. Ice will, though. Ice will cover up swelling. Ice reduces swelling. Normally the swelling after that kind of injury is not as bad as you might imagine. And for me, it wasn't that bad. I have a picture of it underneath the makeup. That's how I know how to reference it. A picture you haven't produced or shown to this jury, right, Ms. Hurd? I have produced everything. But you haven't shown it to this jury? I would very much like to. It's not my job. It appears Amber Hurd might have been throwing a little bit of shade at her attorneys, suggesting photos existed that were not shown to the jury.

Vasquez then questioned heard about her claim that she donated the divorce settlement, all $7 million to the ACLU and the Children's Hospital of Los Angeles. This is a clip from a European TV show in October 2018 before the op-ed was written. Seven million dollars in total was donated to, I split it between the ACLU and Children's Hospital of Los Angeles. Sorry, ACLU is a prominent organization, non-profit organization in the United States. It's called the American Civil Liberties Union, and they work on behalf of marginalized communities on the ground and legislative reform. I wanted nothing. Sitting here today, you have not donated the $7 million, donated, not pledged, donated the $7 million, donated, the $7 million, divorced.

settlement to charity. I use pledge and donation synonymous with one another. But I don't. Ms. Heard, I don't use it synonymously. That's how donations are paid. Ms. Heard, respectfully, that's not my question. As of today, you have not paid $3.5 million of your own money to the ACLU. Yes or no? I have not yet. And as of today, you have not paid $3.5 million of your own money to the Children's Hospital of Los Angeles, correct? I have not yet. Johnny sued me. So as of today, you have not donated, paid $7 million of your divorce settlement to charity, right? I have not been able to fulfill those obligations yet. And that's because you did want something, didn't you? I didn't want anything and I didn't

get anything. You wanted Mr. Deft's money? Didn't get it, wasn't interested in it. Herd claims she didn't want any of the money for herself. The cross ended for the day with Hurd admitting that Elon Musk gave $500,000 to the ACLU to be credited to the amount she said she would donate, but Hurd said it wasn't supposed to go toward her pledge. Remember, Terence Doherty of the ACLU said that Hurd never signed that pledge form. And interesting, Interestingly enough, Herd testified that she met Musk at the Metgala in 2016, but remember Alejandro Romero, who worked at the front desk at the ECB? He filed a witness statement in the UK libel case in which he said Elon Musk actually

started visiting Heard at the ECB beginning in March 2015 when Heard was married to Depp, and that Heard had given Musk a key fob to access the garage and penthouse. examination will continue Tuesday. That's it. For this edition of Law and Crime Sidebar podcast, I'm Ann Janette Levy, and thanks so much for joining us. You can catch our podcast on Apple, Spotify, YouTube, and wherever else you get your podcasts. We'll see you next time. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.