With Jury Chosen, Johnny Depp Opens US Defamation Case Against Ex-Wife Amber Heard

The opening statements began in a Virginia court in a lawsuit Depp, 58, filed against Heard, 35, for $50 million in 2018.

Depp alleges that Heard defamed him when she wrote a December 2018 Washington Post op-ed about being a survivor of domestic abuse.

The article never mentioned Depp by name, but Depp’s attorney, Benjamin Chew, told jurors Tuesday that it was clear Heard was referring to the Hollywood star.

Chew told the jury that Heard published the article on the eve of the premiere of Aquaman, his biggest movie to date, to generate publicity and advance his career.

“By choosing to lie about her husband for her own personal gain, Amber Heard forever changed Mr. Depp’s life and reputation,” Chew said. “You will hear him tell you what a terrible impact she has had on her life.”

Heard’s article in the Washington Post “devastated” Depp’s career, Chew said.

“Hollywood studios don’t want to deal with public backlash for hiring someone accused of abuse, even someone with the incredible work and record that Depp can be proud of,” Chew said.

J. Benjamin Rottenborn, Heard’s attorney, said in his opening statement that Depp was trying to mislead the jury with “crazy conspiracy theories.”

Rottenborn said Heard was telling the truth about the “horrible” abuse she endured, but the case is really about a narrow legal question: whether Heard’s op-ed was protected by the First Amendment of the US Constitution.

“That is the question, and that is what you are being asked to decide,” Rottenborn told the jury.

“Mr. Depp’s team will try to turn this case into a soap opera,” Rottenborn said. “Why? I’m not too sure, because the evidence is not good for Mr. Depp.”

Another of Heard’s lawyers, Elaine Bredehoft, said that during a trip to Australia in 2015, Depp dragged Heard across the floor, punched her, kicked her and then “penetrated her with a liquor bottle.”

Depp shook his head in the courtroom as Bredehoft made the statement to the jury.

A state court judge in Fairfax County, Virginia, is overseeing the trial, which is expected to last six weeks. A jury was selected on Monday.

Less than two years ago, Depp lost a libel case against The Sun, a British tabloid that labeled him a “wife beater.” A London High Court judge ruled that he had repeatedly assaulted Heard and caused her to fear for her life.

In the US case, Depp and Heard presented lengthy lists of potential witnesses they could put on the stand.

Heard’s list includes her ex-boyfriend and CEO of Tesla, Elon Musk, with whom she texted about Depp. Also on the list of possible witnesses is actor James Franco.

The Washington Post is not a defendant in the case. Depp’s attorneys have said they filed the case in Fairfax County, outside the District of Columbia, because the newspaper is printed at a facility there. Heard unsuccessfully tried to move the case to Los Angeles, where she and Depp lived.

The United States is a difficult forum for libel plaintiffs, especially for public figures like Depp, who faces several hurdles in the Virginia case. Depp must prove with clear and convincing evidence that Heard knowingly made false claims.

Depp and Heard met while filming the 2011 movie “The Rum Diary” and married four years later. Heard accused Depp of domestic abuse after filing for divorce in 2016.

Heard is known for her roles in “Aquaman” and “Justice League.” She filed her own defamation lawsuit against Depp, saying that he defamed her by calling her a liar.

Heard’s counterclaim will be decided as part of the trial. Heard is seeking $100 million in damages from Depp, according to court documents.

In her statement to the High Court in London, Heard said Depp would become a jealous alter ego, “the monster”, after abusing drugs and alcohol and threatening to kill her.

She detailed 14 occasions of extreme violence as she said the actor choked, punched, slapped, head-butted, choked and kicked her. The London judge accepted 12 of these accounts as true.

Following the November 2020 ruling in the London libel trial, Depp was replaced by Danish actor Mads Mikkelsen in the third film in the “Fantastic Beasts” franchise, a spin-off of the “Harry Potter” books and films. .