Law&Crime Sidebar - Depp v. Heard Week 5 Recap
Episode Date: May 23, 2022Week five recap of the Johnny Depp v. Amber Heard trial. Amber Heard faces a tough cross examination by Johnny Depp's attorney, Camille Vasquez. Rocky Pennington and Josh Drew testify about t...he penthouse incident in May 2016. Then, came testimony from Heard's sister, Whitney Henriquez, who testified Johnny Depp actually hit her, too. A Disney representative is questioned about the Washington Post op-ed, Depp and alpacas. Actress Ellen Barkin testifies about her fling with Depp and him tossing a wine bottle. Depp's former agent testifies that his star was starting to dim and his lawyer, Adam Waldman, painted by Heard as a villain in the case, testifies about calling Heard's abuse claims a hoax in the press.PLEASE SUPPORT THE SHOW:Get Surfshark VPN at https://surfshark.deals/LAW83 - enter promo code LAW83 for 83% off and 3 extra months for free!CHECK OUT LAW&CRIME'S COPTALES AND COCKTAILS PODCAST:Retired Cop Who Helped Stop Vegas ShootingSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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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
Defile for divorce.
Amber heard on the stand claiming the divorce from Johnny Depp was her idea.
Despite Depp testifying, he had already told Hurd the marriage was over.
She claims abuse, but is it true?
Mr. Depp is your victim, isn't he?
No, ma'am.
Depp's lawyer, Camille Vasquez, coming in with a tough cross-examination.
I pledged the entirety of the settlement, seven million to charity.
and I intend to fulfill those obligations.
That's not my question.
I'm Ann Jeanette Levy and welcome to Law and Crime Sidebar podcast where we take a deep dive
into the testimony and the biggest moments in the defamation trial of Johnny Depp versus Amber Hurd.
It was a big, big week and it was quite a week.
Amber Hurd was on the stand Monday and for much of the day Tuesday.
She told the jury the alleged abuse by Depp started in 2012.
not 2013 as she had previously claimed.
How is it that you didn't just remember
all of those events like this?
That's not how your memory or my memory works.
Her denied ever telling her private nurse,
Erin Borum Falati that she had been addicted
to both liquor and cocaine
and that she had eating disorders
and had been diagnosed with bipolar disorder.
When did you provide a client
client history to Aaron Folladi.
Never.
When did you first get assigned Aaron Folladi?
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 substance, a history of substance abuse, including addiction
to cocaine and liquor? I did not. There's a lot of mistakes in here. This is pretty important
because Amber Hurd is basically suggesting that a medical professional, Aaron Borumphalati,
a nurse, wrote things in her notes that were not true. Then Hurd was questioned about the infamous
audio recording where she admits to hitting Depp in 2015. Don't tell me what have
feels like to be punched.
You know, even a lot of thighs have been around a long time.
I know.
No, when you're fucking 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.
I don't know what the boat 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.
Me being you, your fucking baby.
Because you start physical fights?
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 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.
With Amber heard on the stand, you had to believe and you had to know that she was going
to be questioned about the feces in Johnny Depp's bed.
It happened after her 30.
birthday party where she was really angry with Johnny Depp for being late. Depp said it was the final
straw for him. He decided the marriage was over at that point according to his testimony, but Hurd blamed
that poop in Johnny Depp's bed on his dog Boo. What if any issues did Boo have with bathroom problems,
if you will? Objection leading and relevance. Overruled. I love. Um, she had
had eaten Johnny's weed when she was a puppy and had bowel control issues for her entire
life, among some other issues.
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, but 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.
And sometimes it happened in bed, too.
But, but yeah.
Now this is much different from what Starling Jenkins, a former Marine and one of Depp's bodyguards,
testified to. Jenkins had said that Hurd actually admitted that the poop was a practical joke
gone terribly wrong, and she took responsibility for it on a trip to Coachella. 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 that 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.
I think it's really important to point out here that Boo was a Yorkshire Terrier weighing just four
pounds. And for a little context, I have a dog that weighs 16 pounds. I can tell you I pick up
her dog poop every day, every day, sometimes two or three times a day, and none of my dog's
poop is as big as what was left in Depp's bed. So you have to imagine that a four pound dog
is not going to leave something that big. Now, a month later, Depp went to the penthouse. He said
at Heard's request. He was on his way to Europe to travel with his band, the Hollywood Vampire.
It was May 21st, 2016, that critical date in this case.
That's when Heard claimed that Depp hit her with his iPhone.
He says it was a setup by Heard.
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.
called I.O. Every imaginable horrible name that you can say to a LGBTQI 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, 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. Now, a month later, Depp went to the pen,
house. He said at Hurd's request. Hurd said that Depp then trashed penthouse five carrying a
magnum-sized wine bottle. Two days later, she filed for divorce. Four days after that, she obtained
that domestic violence restraining order against Depp, who was in Europe touring with his band.
Heard also testified about her counterclaim against Johnny 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, proceed 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 as 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 what I've lived through and and 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.
Then the cross-examination by Camille Vasquez, Johnny Depp's lawyer, and it was a tough
one. She is being praised for her precision and for controlling Heard as a witness.
A lot of people watching the trial have commented on Johnny Depp's body language, the fact
that he won't look at Heard at all when she's looked at him a lot during the trial,
that is how Camille Vasquez started the cross-examination.
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 a recording from July 2016,
when Depp met herd in a hotel room in San Francisco at her request.
This was after she had requested and obtained that domestic violence restraining order,
she asked him, is this how you want it to end?
Oh, no, a hug will say that all this, all this, everything we just wanted.
I just wanted to touch you.
Really, after all this shit you just said?
I just wanted to give you a heart.
I just, yes, yeah, please, please, stop me.
Please stop.
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.
No, because I'm nothing to you, and I will always be nothing to you.
Come, like, calm.
You don't know, I shouldn't be calm.
Your hands are hard, please just phone.
No.
Not with your own fucking heart.
No, we'll never see each other again.
Don't take my fucking glasses up.
You don't like fucking look at my fucking eyes.
You will not see my eyes again.
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.
One of the major points of contention in this trial is just how Johnny Depp's finger
became severed in Australia in March 2015.
Depp said that Hurd became angry over discussions about a post-nuffer.
agreement and threw two vodka bottles at him in the bar of the home, one shattering on the bar and slicing off the top of his finger. Hurd claimed that Depp cut his finger by smashing a phone. Vasquez played an audio recording of Depp and Hurd discussing that fight.
It's not to get you mad. It's not to get it's just to get out of a bad situation while it's happening before it gets worse. In Australia, when we had the big fight where I lost the tip of my finger.
at least five bathrooms and two bedrooms i went to to to avoid talking to me to
escape the fight you don't escape the fight you escape the solution you escape the solution
no escape figuring it out we cannot work it out if you run away to the bathroom every
time. Listen to me. Listen to me. A boxer can't go 12 rounds without a
minute break. I'm not giving you a minute break. You do it at minute three at the
beginning of an argument. No. There are rounds, man. And when it gets too
hairy, the rest splits them apart or whatever. But all I'm saying is you can't have a
solution if the argument just keeps mounting and mounting and mounting and mounting
and mounting. I go into the bathroom and sit on the floor. Bam, bam, bam, bam, here you come.
I come out. Fight, fight, fight, crazy, escalated. I'd go split again. I'd go to another
bathroom or a bedroom or something. Knock, knock, knock, bang, bang. You kept coming to get me.
This is what really happened in Australia, isn't it, misheard?
I did knock on a bathroom door on the first night.
Not a bathroom door, five bathroom doors and two bedrooms.
Is it not right?
Johnny is not an accurate historian of what happened during that period of time.
Ms. Heard.
That's not my question.
Five bathroom doors, two bedrooms.
That's what you knocked on.
I was there.
That's what actually happened in Australia, isn't it?
Ms. Heard.
I was there.
I remember it.
I knocked on one bathroom door.
I came on the first night.
on the first night after he decided to take the bag of MDMA and i went to check on
miss heard i'm going to move to strike everything after i knocked on one back and door she can't do
that she's answering the question not quite so i will sustain the objection just answer the
question okay ma'am the recording we just listened to that's exactly what happened in australia
mr depp lost the tip of his finger after you threw a bottle at him isn't that right that is
incorrect. You're the one who assaulted someone with a bottle in Australia. Isn't that right,
Ms. Heard? I didn't assault Johnny in Australia. I didn't assault Johnny ever. I couldn't.
And then after he was injured, he had to hide from you, right? That is incorrect. Five bathrooms,
two bedrooms. That is incorrect. And you would pursue him. That is incorrect.
Because he was avoiding talking to you, right? He did that first night when I tried to talk to him
about the drugs. And he was avoiding working it out.
No, he was avoiding agreeing to not fight about the drugs.
You weren't scared of him at all, were you?
I have a mixed relationship with Johnny, and one in which I'm scared, one in which I love him very much.
I'm not talking about your mixed relationship.
That night, in Australia, after you cut off his finger with a bottle, you weren't scared of him at all, were you?
This is a man who tried to kill me. Of course it's scary. He was also my husband. Vesquez also
pointed out there are absolutely no medical records for her documenting this alleged sexual assault
with the liquor bottle that she claims debt perpetrated upon her. She had actually seen Dr. Kipper
the next day he was at the house in Australia and after that she saw Aaron Borumphalati,
her personal nurse, in L.A. Vasquez also played an audio clip where Hurd appeared
to taunt Depp and insult him.
Hey, you know, no, you're not selling out.
You don't want to sell out.
No, no.
You don't want to sell out.
No, because no one does 21 drunk straight
when they're in their 20s.
No, you're right, that's not telling you out.
No.
When you're in your 20s, you should really know what you want.
Like selling your journals.
If you didn't know who the fuck I was.
You're right.
Go sell your journals.
Like a real non-set up.
I'm not a five year old.
All right.
Oh, sorry, 50.
Six.
Two.
Fifty one.
I don't know.
It doesn't matter at this point?
No.
I don't think so.
I don't really think so.
But you're right.
I mean, hey, at least I didn't do, like, a TV show where I was hurt from in my 20.
God, that would be, like, embarrassing.
If only I was with someone in their 50s, I could point that out to me.
Imagine, Mike, you're right, when you play a non-sexualized object.
Oh, okay.
Wow.
You're right, you got me.
You got to figure it out.
You don't even know what movies is done.
You haven't even taken an interest.
If only I could be like...
If only I could be like...
I have to walk your fucking...
You're a joke.
You're a joke.
You're a joke.
You're a joke.
You're a joke.
You're a joke.
I'm the joke in the industry, Amber.
I'm the joke.
I'm the joke in the industry.
I know. I can't really hear you.
I'm sorry.
The reason.
Runs of all my bullshit are playing too loud when you hear you.
I'm going to just going.
Pettled my way back.
Sorry.
I can't hear you.
Aquaman.
Aw.
I was 21 and whatever it was.
I was 12.
I was 12.
No, I cared.
You call him a sellout, don't you?
I was expressing frustration about his criticism of my career and how many problems
that cost within the...
the dynamic of our relationship, yes.
So you call him a sell-out and a joke?
I called him horrible, ugly things, as you can hear.
Sell-out.
We spoke to each other in a really horrible way.
Pretty sure we just heard you speak to him in a really horrible way.
You called him a sell-out, right, Ms. Hurd?
You called him a sell-out, right, Ms. Hurd?
I called him a lot of ugly things.
And a joke.
I called him a lot of ugly things.
You called him a joke on that recording.
You called him a washed-up piece of shit.
I think we both called each other that.
on that occasion. Yes. Mr. Depp mentions Aquaman, doesn't he? Yes, he does. Mr. Depp got you that role in Aquaman, didn't he? Excuse me? Mr. Depp got you that role in Aquaman, didn't he? No, Ms. Vasquez, I got myself that role by auditioning. That's how that works. Mr. Depp says, quote, your jealousy is so tragic. I heard him say that, yes. You were the jealous one in this relationship, weren't you misheard? I think he was indicating I was jealous of his
career. And now you've twisted it to say it was Mr. Depp. That's the jealous one.
Johnny's always been very jealous when I worked, when I did anything, friends. Yes, he's always
been very jealous. Then Vasquez questioned heard about that claim that she donated the $7 million
divorce settlement to two charities. 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, um, um,
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, Ms. Hurd, you still haven't donated
the $7 million divorce settlement to charity.
Isn't that right?
Incorrect.
I pledged the entirety of the settlement, $7 million to charity,
and I intend to fulfill those all.
obligations. That's not my question. Please, try to answer my question. Sitting here today,
you have not donated the $7 million, donated, not pledged, donated the $7 million divorce settlement
to charity. I use pledge and donation synonymous with one another. But I don't. Ms. Hurd,
I don't use it synonymously. That's how donations are paid. Ms. Hurd, 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.
million dollars of your divorce settlement to charity right i have not been able to fulfill those 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 death's money now we have told you that amber heard in
her testimony opened the door to her past relationship with former partner tasia van rie
when she brought up kate moss depp's ex-girlfriend in her testimony vasquez
asked her about Tasia Van Rhee.
Amber Hurd allegedly struck her ex-girlfriend Tossa Van Rhee at the airport in 2009.
Did I read that right?
Yes, this is another example of this mayor campaign.
So Mr. Depp is not the only domestic partner you've assaulted is he misheard.
I've never assaulted Mr. Depp or anyone else that I've been romantically linked to, ever.
Now back to May 21st, 2016, that date is what leads Amber Heard to write in the Washington Post
op-ed in December of 2018 that she,
She became a public figure representing domestic abuse two years earlier.
That is the basis of Johnny Depp's defamation claim.
Rocky Pennington, one of Herd's former friends who lived in one of Depp's penthouses at the time,
was with Depp and Heard in the penthouse that night for part of the argument.
I had a master key to all of the apartments.
And I came back, unlocked the door, and he was yelling and
And I don't remember exactly what he was saying.
And she was calling for help.
And that had never happened before saying help me.
I went and I cut through the space between the coffee table and the sofa.
And I went up to him.
And he was yelling and yelling.
And I just put my hands up on his chest.
And I was like, stop, just stop, just trying to calm him down.
And he hit my hands away.
And so I just went straight over to Amber.
She sat down on the couch.
She was crying.
And I just put my body over her.
And he came a little bit closer to us.
And he was yelling at her to like, get up.
or I don't know, quit crying or get up or something and it was really loud and he was
getting closer and closer and I remember there was this like big orange ceramic
ashtray on the coffee table and I was thinking if he gets any closer I'm just
going to pick up the ashtray and like he hit him with it because he was
so close over us. Now Depp denies throwing the phone at Hurd's face and injuring her. Pennington said
she took photos of Hurd's face. Photos Depp claims are doctored. Pennington's now ex-husband,
Josh Drew, also testified via a video deposition about that night and claimed he took some of the
photos in the aftermath of the argument. So I think you testified earlier with Mr. Chu, Mr. Drew,
that you were in contact in the building with Ms. Hurd on the day of May 22nd.
Yes.
And I'll represent to you that the photos in Drew 14 were taken on that day.
Sitting here today, do you know who took these photos?
We're talking about the two I have in front of me right now?
Yes.
It was other me or Raquel.
Is this consistent with your records?
with your recollection of how Ms. Hurd looked the next day on May 22nd?
Yes.
Did you see Ms. Hurd's face on May 22nd?
Yes.
Did you or your ex-wife take photos of Ms. Hurd's face on that day?
Yes, to my recollection.
And similar to questions like that in the past, was any effort made to stage those photos in any way?
Not to my knowledge, no.
Was any effort made to put makeup on his herd space to make the injuries look redder or more serious?
Not to my knowledge, no.
Was any manipulation of the photos done either using Photoshop or any other similar method?
Not to my knowledge, no.
Another witness for herd, her younger sister, Whitney Enriquez, who said she loved Johnny Depp,
but claims he later became abusive with her sister.
She described her sister's birthday party, that 30th birthday party in 2016,
She says Depp arrived late.
Can you please describe to the jury what you observed that night?
It was her 30th birthday, so we wanted to make it, excuse me, really special.
We had made this beautiful dinner, you know, and it was great.
All of her close friends were there, and everyone was having a really good time.
Everyone was having fun.
You know, Johnny showed up very, very late.
And he was drunk when he showed up.
Amber was obviously upset about it, but there came a time in the party where we all went around the table and said our favorite thing about Amber, you know, just funny memories or whatever.
When it came to Johnny's turn, he told this story about how they first met when they met for the Rum Diary.
So, you know, he had this story about how she came in to his office, and she sat on the couch, and she, her perfect ass left a perfect imprint on the couch, and he wouldn't let anyone sit there after she left that day.
And it was one of those stories that I, everyone was kind of embarrassed.
You know, we had all gone around the table saying really nice things about her and gets to him, and he's talking about her ass.
we were all kind of embarrassed.
Now we had heard Johnny Depp testify that he was late that night because he had a really important business meeting about his financial situation with Ed White, his business manager.
White and Depp both claimed he was not drunk and that wine was not served at their meeting.
Enriquez also testified about the March 23rd, 2015 incident on the stairs of the penthouse.
but I'm standing up there talking I'm standing up there
I'm at the top of the stairs with my back to the stairs
and that's when Johnny runs up the stairs
and my again I'm facing Amber
he comes up behind me strikes me in the back
kind of just somewhere over here he strikes me in the back
I hear Amber shout don't hit my fucking sister
she smacks him lands one
and then he grabs at that point that's when Travis
runs up the stairs
after Amber landed one.
But by that time, Johnny had already grabbed Amber by the hair
with one hand and was whacking her repeatedly in the face of the other
as I was standing there.
Travis pulls them apart.
I get Amber into mine.
I close the doors behind me and lock them.
I then hear Johnny's voice shouting.
Never mind to withdraw.
I hear Johnny's voice shouting,
you fucking hate you.
I hate you both.
you f***s, you fucking whores. And I hear crashing. I hear crashing and banging and smashing and
he starts screaming like an animal. And I then just moved Amber into the next room and I just
kept her there all night. Now this account differs from the version of events given by Travis
McGivorne, Depp's bodyguard. He said Heard hit Depp as he was trying to leave the penthouse with him
that night. A point which they do agree upon, though. Depp knocked over clothing racks in Hurd's closet
room. Now, at times during Enriquez's testimony, Depp looked puzzled and whispered to his lawyers.
He had testified that he and Whitney Enriquez were very close and that he loved her.
On cross-examination, Depp's attorney Rebecca Lackeroz questioned Enriquez about the incident on the
stairs. Turning to the staircase incident in March 2015, you testified that Mr. Depp allegedly
hit you during that incident, right? Yes.
But you aren't sure if that contact was even meant for you, right?
I honestly don't.
I don't know what he was in for.
My back was to him.
And you weren't injured during that incident, right?
No, I wasn't.
And you didn't seek medical attention?
No.
And you said Debbie Lloyd was there during all of that, correct?
She was.
And Mr. Depp security, Travis McGiborne, was there too?
Yes, he was.
And you saw your sister hit Mr. Depp on the stairs that day, right?
After he struck me, yes.
you said she she landed one right and then the next day you found some damage in the adjoining
penthouse correct and we saw some pictures of what you saw that day right yes you thought it
was important to document that damage right not to document um it was kevin's job to kind of
clean up the houses take care of the houses um i took pictures just so he could be aware of what he
would need to bring. I didn't know if he had tools here or whatever. I was just preparing him for
what he was going to have to fix. But you didn't take any pictures of your sister that day, right?
No, I didn't. Lackeroz also questioned Enriquez about a friend of hers. You know who Jennifer Howell is,
right? Ms. Enriquez. I do. She's the founder of the Art of Elysium nonprofit. She is.
And you worked there for a time, didn't you? I did. Around May 2015, you actually moved in with Ms. Howell, right?
May 2015, yes, and you moved out of the penhouses because at that point you and your sister were fighting, right?
It was, yeah, it was around the time that, you know, he had accused me of leaking stories, and that was the impetus of me leaving.
And you testified earlier, I think, that he had asked you to sign an NDA, right?
At some point.
And that was around the same time that he was concerned you were leaking stories about their wedding to the media?
I believe so.
You and Ms. Howell were close.
We were.
Close enough that you lived with her for around a year?
I don't recall if it was that long.
And you confided in Ms. Howell, right?
About some things, yes.
She was my friend.
You called her your chosen sister.
Now this is going to be a big deal.
You're probably asking yourself, well, who's Jennifer Howe?
Why does she matter?
Well, after Enriquez testified to the version of events in the UK trial that she testified to
in this trial. Howe came forward and filed a declaration in this case. She is a friend of Enriquez's,
as I mentioned, and she wrote that Enriquez had actually told her about the incident on the stairs,
and that Enriquez had said that she tried to actually stop Amber Heard from hitting Johnny Depp that
night, not the other way around. Howe said in the statement that Whitney had told her she had
endured that type of violence her entire life, first at the hands of her father, and then from
Amber. Howell went on to write that Whitney told her Amber Hurd had once thrown a glass of red wine
at her in an elevator in New York. Howe also wrote that after the incident in Australia in March of
2015, that Whitney Enriquez told her, oh my God, she has now done it. She has cut off his
effing finger. Howe is likely to testify next week for Johnny Depp in rebuttal. So stay tuned for
that. The cross-examination of Enriquez continued. You grew up in Texas with your sister and your
parents, right? Correct. And you were really close with Ms. Hurd growing up? We were. And you're
still close now, right? We are. And you love her, of course. And your childhood, though,
had some difficult moments, right? It wasn't perfect. Your father hit you and your sister at times,
right yes and your sister would protect you from that abuse when she could
wouldn't she we would protect each other for sure and when you graduated from
high school you moved out to Los Angeles right I did and your sister gave you
a place to live in L.A. yes and she helped support you in part I also was working
myself and yeah and you're grateful to her for being there when you needed her right of course
and just like she protected and cared for you you want to protect and care for her right
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The link is in the description. Hurd's acting coach, Christy Sexton, also testified. She had worked
with Herd for years.
She said Herd had problems crying on cue.
She testified about seeing Herd after that March of 2015
Australia trip where Hurd now claims Depp sexually assaulted her.
During the time that you were Amber,
her acting coach and she was involved with Mr. Depp,
did you observe injuries on Ms. Hurdardt?
When she came back from Australia, there were a lot of, like, little red marks on her arms that looked like freshly healing things.
Skin, like red marks on her skin, sorry, on her arms that I saw.
And then subsequently, I would see, like, bruises that look like arms being grabbed or wrists.
Then I saw that all towards the end.
Sexton then revealed that the first time Hurd ever told her about that claim that Depp raped her,
with a liquor bottle was after Depp sued Hurd for defamation.
Ms. Hurd told you about the bottle incident in Australia where she claimed that
Mr. Depp penetrated her with it. Before your deposition, your first deposition in the state
in August of 2019? Uh, yes. It was after I had talked to the attorneys.
Yes.
After you had spoken to the attorney's been formally, correct, I heard.
Yeah.
But it was before you were formally deposed in this case on, I believe, it was August 30th, 2019.
Yes.
Just to confirm and make the record really clear, this was the first time Mr.
had told you that Mr. Depp had on a record.
Mr. Depp had allegedly penetrated her with a bottle in Australia, correct?
Yeah, she had told me about the assaults with a bottle being hit with the bottle and the broken glass and everything.
And then she had told me about all that many times before.
And then this time she started crying and sobbing and started telling me about the assault.
The creative assault.
And when Ms. Hurd told you about this election, she raised that occurred, does she know that you were going to be deposed by her attorney?
No, because they were all in the other room.
They didn't even tell me that they, like, they were like, we may have you for a deposition.
And that's when I had said to them, if you're going to do that, I would appreciate it if you did it before.
I left the state.
And they said, we may or may not need you.
and it was a couple days later that they then sent me the contact and said,
we are going to subpoena you.
A former friend of Johnny Depp's, Bruce Whitkin, also testified via video deposition,
and he was the second witness we've seen this entire trial who was vaping during his deposition.
The first, of course, was Alejandro Romero.
Wittgen testified about Depp's substance abuse issues and issues in his relationships with women.
Have you noticed a certain intensity of Mr. Depp's relationship?
Yes. And have you ever observed Mr. Depp exhibit any jealousy when he's been in a relationship?
Yes. And can you remember when?
I go all the way back to my sister-in-law. I mean, you can definitely have a jealous streak in him.
Can you remember any specific examples?
You know, when he was younger, he was jealous of Nick Cage or jealous of had a man because my sister-in-law knew them.
And was, besides that initial time period, was, did he ever tell you about any jealousy with any other women or any other times?
Yeah.
You know, he brought up a few with Vanessa, which were ridiculous.
A lot of it was in his head and not in reality.
You know what I mean?
And what about with Amber?
Did you ever encounter any talk from JD of jealousy with respect to Amber?
Yeah, there were a couple mentions if she was doing a movie with some guy or stuff like that.
In terms of jealousy, would anything make Mr. Dev more bother or less bothered?
Like I said, if she was on a film or doing something that he couldn't be around it to see what was going on,
he'd work himself up, you know.
Wittgen also testified about seeing injuries on both Depp and heard.
Mr. Wittkin, you mentioned previously that you had seen bruises on Amber's upper arm.
Yeah, one time, yes.
One time.
Does this look like the bruise you saw on Amber's upper arm?
Mr. Whitkin, what did the bruise that you saw in Amber look like?
I mean, it looked similar to that, but it didn't look like a,
It looked like a grab, not a punch.
Like, just somebody grabbed her off.
Do you remember what year or time frame that bruise that you saw was?
I'd have to go through the dates.
We were working on a Keith Richards documentary,
and Johnny and her showed up to the studio,
and I just had noticed it on her own.
And when did you see Mr. Depp with a fat lip?
Um, late, I'm thinking it sometime in, it's either 2015 or 16 during rehearsal.
Next up, Joel Mandel, Depp's former business manager, Depp sued Mandel and settled that lawsuit.
Mandel testified about Depp's lavish lifestyle. He was paying staff $300,000
dollars per month. Approximately how much did Mr. Depp earn during the period of time you represented
you? I recall the amount being reported to be something like $600 million and believe that amount
was probably, you know, close-back. Did you still $650 million for Mr. Depp?
No. Did you steal anything from Mr. Depp?
No.
Mr. Mandel, did TMG or you take any money other than the fees that you were entitled to from Mr. Depp?
No.
Mr. Mendel, did, were you ever found adjudicated by any court, any kind of legal entity, any agency to have committed malpractice, malfeasance, or embezzlement?
No.
And then came a big witness that we were all waiting for, Adam Waldman. He is Johnny Depp's
current attorney, and he is someone who has defended Johnny Depp to the hilt against these
abuse allegations. Now, Hurd accuses Adam Waldman of launching a smear campaign against her
at Johnny Depp's direction. It's part of her $100 million counterclaim against Johnny Depp.
Well, of course, Waldman couldn't answer a lot of questions because his relationship with Johnny Depp is
covered by attorney-client privilege. He did answer questions, though, about a daily mail story from
2020, in which he called Hurd's abuse allegations a hoax. Depp's lawyer, Adam Waldman,
said the various discrepancies proved that nothing heard and her friend said about the events
of May 21, 2016 could be considered credible. Do you see that?
Your say.
I'm going to direct your attention, Mr. Walgman, to the next statement.
Quote, quite simply, this was an ambush, a hoax.
They set Mr. Depp up by calling the cops, but the first attempt didn't do the trick.
The officers came to the penthouses, thoroughly searched an interview, and left after seeing no damage to face or property.
So Amber and her friends spilled a little wine and roughed the place up, got their story straight,
the direction of a lawyer and a publicist and then placed a second call to 911. Do you see that
statement? I do. Did you make those statements? There are two parts to what you've shown me.
The first part didn't have quotation marks around it. And I'm not asking about that.
Or it said nothing could be considered credible. That's not quoting me. The part with the quote marks,
i believe i said that yes so starting from quite simply through 9-1-1 you stated all that is that correct
yes i believe so okay did you make this these statements on mr depp's behalf
instruct the witness not to answer on the grounds of attorney client privilege i accept the
Waldman testified that he communicated with mainstream media and internet journalists pretty much in the same way.
He had also tweeted about Heard and was later suspended from Twitter for life.
I wrote several letters to Twitter to ask why I was suspended for life from their platform.
And the response that I received was multiple violations of their policy.
So I asked, could they name one example?
example of those multiple violations and they responded by saying now they were appealing
without my asking them to do so my suspension and that's when they sent me another note that
i was suspended for life so just so the record's clear so you have been suspended for life
yes okay do you have a twitter account now
No. Now the only other person that I can think of who is actually suspended from Twitter for life is President Donald Trump. Think about that. It actually makes me wonder if Hurd's ex-boyfriend Elon Musk, who's in the process of buying Twitter, will let Waldman back on the platform when the sale goes through. So we're just going to have to wait and see if that happens, I guess. Now, most of the witnesses that Herg called testified about Depp's anger or having issues with jealousy in relationships and struggles with drugs.
Michelle Mulroney, a lawyer for Amber Hurd, hired to explain the ins and outs of a post-nuptial agreement to her, testified about Depp calling her from Australia in March of 2015 around the time of the severed finger incident.
Please describe the telephone call from Mr. Depp.
My recollection is that he was very mean, that he called me names, and that he fired me on behalf of.
them. When you say that he was very mean, what did you mean? Well, my only exact recollection is he called me a bitch.
Mr. Depp called you a bitch on that telephone call. Here's sorry. I'm bleeding. Now this is when Depp claims
that Heard became angry about that post-nuptial agreement and threw the vodka bottles at him. He said
that Heard had claimed Mulroney had been treating her poorly, leading to her anger.
Depp had testified he now believes that Hurd's claim wasn't true.
Then came testimony from Tina Newman of Disney, which owns the Pirates of the Caribbean franchise.
Depp said he learned days after the op-ed was published that he was out of Pirates 6.
Do you know whether anyone at Disney has ever even read the op-ed written by Ms. Hurd?
No.
Are you aware of anyone else at Disney who has ever?
has knowledge of the topic areas in the deposition notice that's deposition exhibit number two
that beyond what you know.
I can't honestly say I can't speak for someone else.
Like I explained earlier, my knowledge and what my job functionality is at the studio, at plateaus,
and there are people that I work under, and those particular persons may or may not.
have more knowledge, but I can't speak on behalf of them. Is Disney aware that Mr. Depp has testified
under oath that he would not take another Pirates of the Caribbean franchise role for $300 million
and a million alpacas? Now, would Disney entertain paying Mr. Depp more than $300 million?
million dollars and provide him with more than one or packets to be able to obtain his services for any
future pirates to the Caribbean role. No. That elicited major laughs from Depp and Camille Vasquez.
Depp's former longtime talent agent Tracy Jacobs also testified via Depp position and she said that Depp
severed ties with her several years ago. She said his star was dimming in Hollywood because he was
frequently late to sets and had substance abuse problems.
Even with your speaking to Mr. Depp about him consistently showing up late for set,
did he correct that behavior during that last 10 years?
No.
And what types of difficulties did that cause for Mr. Depp?
Well, initially, Cruz loved him because he was always so great with the crew.
but crews don't love sitting around for hours and hours and hours waiting for the star of the movie to show up.
And it also got around town.
I mean, people talk.
It's a small community.
And it made people reluctant to use him toward the end.
And when you say toward the end, was that toward the end of your representation of Mr. Delfts?
Yes.
Jacobs also testified that Depp wanted her agency, UTA, to give him $20 million when he ran into financial trouble.
She says instead they helped him secure a loan.
She was also asked about whether in the 30-plus years she had repped him, whether he'd ever been violent with a woman.
Have you ever seen Mr. Depp hit a woman?
No.
Have you ever seen Mr. Depp throw anything at a woman?
No.
Have you ever seen Mr. Depp take a woman?
No.
Other than Amber Heard, do you know of any other woman who ever accused Mr. Depp of physical abuse?
No.
Have you ever seen in person any marks on Amber Heard?
No.
Ms. Jacobs, you testified, and please correct me if I'm wrong, that in the last 10 years of your representation of Mr. Depp,
there was a more unprofessional behavior by Mr. Depp, is that correct?
Yes.
During that period of time, the last 10 years you represented him, was he ever fired from a movie?
No.
Also testifying Thursday, actress Ellen Barkin.
She had a fling with Johnny Depp back in 1998.
She testified that their relationship went from being platonic to sexual.
She was asked about seeing Depp throw a wine bottle during an argument.
argument with his assistance that same year.
Did you ever observe Ms. Barkin, Mr. Depp's behavior change when he drank more or used more drugs?
I did not.
So he was kind of the same all the time, fair to say?
It was not the same.
He was high.
Did there come a time, Ms. Barkin, when Mr. Depp acted in a way that was out of control with you?
Yes.
Mr. Depp threw a wine bottle across the room, the hotel room, on one instance, in Las Vegas while we were shooting fear and loathing.
in Las Vegas. Were you, was something about to happen? A fight was going on. Between you
or Mr. Depp? No. Who was the fight between you? Between Johnny Depp and his friends in the
room, the assistant, honestly I don't remember. And the bottle that, do you remember sitting here
today, Ms. Barkin, whether the bottle was full of wine or empty? I don't.
Sitting here today, Ms. Barkin, do you remember whether the bottle hit you?
No, it did not.
Did the bottle hit anyone else?
No, it did not.
Heard's former lawyer, Eric George, also testified about the advice he gave to her about the op-ed.
What if any legal advice provided by you to Amber Heard respecting the Washington Post op-ed was disregarded by Amber Heard?
None, to my knowledge.
What if any legal advice provided by you to Amber Hurd respecting the Washington Post op-ed
was followed by Amber Hurd?
Follow it.
What if any legal advice did you provide to Amber Hurd in connection with the drafting and publication of the op-end that was not made in good faith by you?
I acted in good faith throughout and with the best of my abilities.
Now the last witness of the week is Hurd's agent.
She testified via a video deposition about what happened to Hurd's career after the abuse allegations
and after Adam Waldman started defending Depp in the press calling the allegations of abuse a hoax.
You and W&E successful in doing that?
Correct.
When did he call Warner Brothers to renegotiate the next?
It would have been the end of February last year.
What year? Is that 2021?
Yes.
At some point, were there press reports that Ms. Heard was getting released from Aquaman 2?
There were online rumors for a while that she was being replaced.
When did you first hear?
about those um first i don't know exactly when but it was way before for it was it was way before
this it was maybe even a year before this six months before maybe so nobody ever told you that
warner brothers misrepresented the reason that they were replacing misheard correct
why no why would they did there come a time
when Ms. Hurd was restored to her role in Aquaman too?
Yes.
At that time, what were the terms of her restoration to Aquaman too?
The financial terms?
Yes.
She was going to be making $2 million on the second film.
Was that consistent with the original contract?
Yes.
Is this consistent with what Warner Brothers originally gave as the rationale for not using her in Aquamanteau?
The lack of chemistry between her and Jason?
Yes.
Yes.
So did there come a time when WME came to understand that Ms. Hurd's role as Mira and Aquaman II was diminished in some way?
when she was sent the script.
What if any impact did it have on Amber Hurd's career and career path
to have Mr. Depp's lawyer putting out statements in the press and in tweets
that Amber Hurd was lying, making things up, creating a hoax of abuse?
I think that his comments spurred on, it just added fuel to the fire.
So there was already so much media coverage.
And that's what you observed?
That's what I observed.
And that's it for this edition of Law and Crime Sidebar.
Thanks so much for being with us.
Next week, Ann Burrard's case continues,
and she plans to call Johnny Depp to the stand.
Get ready for that.
Closing arguments are set for Friday, May 27th.
Jesse Weber and I will be in Fairfax for the trial next week.
You can catch us on YouTube during the lunch break each day,
where we'll be taking your questions from around the world.
live. I'm Anjanette Levy, and I'll see you next time.