Law&Crime Sidebar - Johnny Depp Back on the Stand

Episode Date: May 13, 2022

Law&Crime's Angenette Levy tweets that Amber Heard will call Johnny Depp to testify in her case and twitter goes wild. The jury will also hear testimony from actress Ellen Barkin, who had a fling with Depp in 1998. He described it as a rebound relationship but Depp said she wanted more than he could give. So what will Barkin's testimony reveal about Depp? And, how on earth can Amber Heard call Johnny Depp to testify since he's already been on the stand? Plaintiff's attorney Katherine Lizardo explains why it could be a gamble. PLEASE SUPPORT OUR 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. Do you have a drinking problem, Johnny? Objection calls for hearsay. A different question, Mr. Depp. Yes. Let's object to another one. I have other uses for your throat which do not include injury. Sorry, could you read that again?

Your words, sir, right? I read that right, correct? You did. Okay. Did I read that right? Yes, you did. Did I read that right? You did. Did I read that right? You did. If you thought that was the last you were going to see of Johnny Depp testifying during this trial, guess what? He's going to be back. Why you ask? Because, his ex-wife, Amber Hurd, will be calling him as a witness in her case. I'm Ann Jeanette Levy,

and welcome to the latest edition of Law and Crime Sidebar podcast. This is where we do a deep dive into the biggest issues surrounding this trial, and what a trial it is. And just because the trial is in recess this week, doesn't mean there's not news coming out. And there was some big news that hit us yesterday. And I actually tweeted about this, and nobody believed me that Johnny Depp would be testifying during Amber Hurd's case. So it's been a pretty interesting 24 hours or so. Now, when the trial resumes next Monday, Amber Hurd will still be on direct examination, of course. We want to play a little bit of how her testimony ended before the long break, and this is where she was discussing an incident in the Bahamas in December of 2015. I was wearing this peach kind of netted kind of

style swimming suit underneath. That's what I had on from the waist down, and he just grabbed me. Best I can explain it with his, shoved his fingers and inside me, but threw my bathing suit, he didn't, like, move my bathing suit out of the way and just kind of held me there

and asked me if I was so fucking tough. I thought I was so f*** tough. I said, oh, you tough like a man now? You some man now? It's kind of taunting me while jerking me around. And he kind of seemed to do this thing where he was smiling. Not just like teasing me. You know, like, oh, yeah, you think you're so fucking tough.

Now what? Now what? I don't know what happened after that. I went back into the room, or he went into the room. I don't know who went into the main room first. I just remember his hand landing on the back of my shoulder neck area. I remember trying to get him off of me. I don't know.

I don't know what the next thing that happened was but I do remember I knew I needed to get away from him at some point I ran I ran out of the back door, ran out onto the patio at some point before I ran he swung at me but I don't even remember how much of an impact it meant made but I remember running

I threw something in his direction when I was getting away from him. I ran down the deck. Now, that story differs greatly from Johnny Depp's account of what happened in the Bahamas. And remember, Heard is still on direct examination. So she hasn't even been cross-examined by Depp's attorneys yet. When that happens, it will be done by Camille Vasquez, one of Depp's attorneys. She gave the opening statement, or at least, a part of it in the case. And I don't think at all that it is some type of coincidence that a woman

will be cross-examining Amber Hurd. After Amber Hurd is done testifying, her legal team will call her sister, Whitney Henriquez, to the stand to back up her claims that Johnny Depp abused her during their marriage. And the jury will also hear testimony from actress Ellen Barkin. And you might be questioning why that's happening. Well, I'm going to tell you, back in 1998, Johnny Depp and Ellen Barkin filmed the movie Fear and Loathing in Las Vegas. And he had just ended a relationship with Winona Ryder, the actress, and he had a bit of a fling, a casual sexual relationship with Ellen Barkin. And during the UK trial, according to the Daily Mail, Johnny Depp testified that Ellen Barkin wanted more out of the relationship than he was willing to give. He said they had been

friends prior to this fling. And she testified in the UK trial that Johnny Depp, was in some type of fight or argument with his assistance in a hotel room in Las Vegas back in 1998, and she said that he threw a wine bottle. And I think that Hurd's team is calling her to testify, and I think it's going to be by video deposition, because they want to show that he's an angry guy who's volatile, who acts out on his anger and things like that. So the jury will be hearing from Ellen Barkin. Ellen Barkin was not injured in that incident and has never claimed that Johnny Depp abused her. Before we get to the issue of Johnny Depp being called to testify in Amber Heard's case,

I want to tell you about one of our sponsors here on Law and Crime Sidebar. It is Surfshark VPN. Surfshark VPN can get rid of all of these 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. Just use the promo code Law 83 to get 83% off plus three extra months free.

Surf Shark 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 back to this whole issue of Amber Heard's lawyers planning to call Johnny Depp to testify. Here's a little bit of his testimony you'll recall on cross-examination by Amber Heard's lawyer Ben Rottenborn. Mr. Depp, on this state, right after you had suffered an injury to your finger, you text Dr. Kipper, and you say, hi, fucked, man, had another one. I just cannot live like this. She is as full of shit as a Christmas goose. I'm done. No more. The constant insults, the demeaning, belittling, most heartbreaking spew that is only released from a malicious, evil, and vindictive cunning. But you know what? Far more hurtful than her venomous and degrading, endless educational ranting is her hideously and purposely hurtful tirades and her goddamn shocking treatment

of the man she was meant to love, above all. Here's the real deal, mate. Her obsession with herself is far more important. She is so fucking ambitious. She's so desperate for success and fame. That's probably why I was acquired, mate. Although she has hammered me with what a sad old man has been I am, Cowan has done me the most cruel of favors. I'm so very sad. I cut the top of my middle finger off. What should I do? Except, of course, go to a hospital. I'm so embarrassed for jumping into anything with her. Fuck the world. Did I read that right? Yes, Mr. Rottenborn. So even as you are granting about Ms. Hurd to Dr. Kipper, even as you were talking about her ambition and expressing your objections to that, you still admit

to him that you cut the top of your middle finger off, correct? Objection compound or a sustained as compound. You're complaining about her ambition in this text to her, to Dr. Kipper, correct? I'm realizing that her ambition is far stronger than her supposed feelings for me, yes. And there's nothing about this text that's trying to protect her. Protect her. And from what? And you tell, Dr. Kipper, I cut the top of my middle finger off in this text, correct?

It's just the way it was worded. It doesn't mean that I actually literally cut my finger off after at the age of 12 finding the only thing that gave me piece, which is playing the guitar, very unlikely. Why didn't I start lopping off digits when I was 13? There could be a couple of reasons why Amber Hurd would want to call Johnny Depp to testify in her case. Remember, she has a counterclaim pending against Depp. First of all, I want to say that a lot of people weren't sure if that's possible. It's actually possible because in Virginia, and actually in federal court in a lot of states, a party can call an adverse witness to their case-in-chief.

And a case-in-chief, I mean, an adverse witness is basically your opponent, your opposing party. So that's why Amber Heard can call Johnny Depp in her case-in-chief, where she's now presenting her case. But it's very unique and it's not usually used by trial lawyers because there's a lot of advantages and disadvantages to that. And the basis of her defamation case is that Johnny Depp and his former lawyer, Adam Waldman, she's alleging, made defamatory statements about her that her sexual abuse allegations were hoax or fake.

That's the crux of her counter suit. So they're trying to bring Johnny Depp in to establish some elements about her countersuit. That's one reason why you bring in. your opponent or your adverse witness to testify for you. But there are alternatives that you can use for that. For example, you can use depositions of Johnny Depp to establish that element, or you can use other witnesses or other documents, admissible documents. But you're right, Anjanet, they were not able to control Johnny Debt during their cross-examination. That's why I think it's risky to put him back on and have the same thing repeat again. So we are just going to have to

have to wait to see how all of that goes for Johnny Depp and Amber Heard. And you know we will bring it to you live right here on our YouTube channel and on the Law and Crime Trial Network. And that's it for this edition of Law and Crime Sidebar Podcast. I'm Ann Janette Levy. Thanks so much for joining us. Remember, you can catch our podcast on Apple, Google, Spotify, YouTube, and wherever else you get your podcasts. I'll see you next time. You can binge all episodes of this law and crime series ad free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.