Johnny Depp could lose defamation case even when Amber Heard flops on the stand, authorized specialists say

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Actress Amber Heard’s “performance” on the stand final week — that is what Johnny Depp’s authorized crew has known as it — has been broadly panned. However that is probably not sufficient to offer her ex-husband Depp a victory in his defamation case towards her, specialists advised Every day Submit Digital.

Trial guide and physique language knowledgeable Susan Constantine analyzed Heard’s flip within the witness field and gave her a thumbs down for believability. 

“She is not truthful and most of what she’s saying is a lie,” Constantine stated in her estimation.

“This is such bad acting, I don’t know how she’s going to get a movie role after this.”

“This is such bad acting, I don’t know how she’s going to get a movie role after this,” stated trial guide and physique language knowledgeable Susan Constantine

Amber Heard testifying May 5, 2022, against ex-husband Johnny Depp.

Amber Heard testifying Could 5, 2022, towards ex-husband Johnny Depp.
(Jim Lo Scalzo/Pool through Reuters)

Depp, 58, is suing Heard, 36, for $50 million over a 2018 op-ed she wrote within the Washington Submit figuring out herself as “a public figure representing domestic abuse.” 

Though the piece didn’t reference Depp by title, he claims it destroyed his profession and turned him right into a Hollywood pariah.  

JOHNNY DEPP V. AMBER HEARD DEFAMATION TRIAL: LIVE UPDATES

Heard is countersuing for $100 million, accusing Depp and his former lawyer of conspiring to defame her by calling her abuse allegations a “hoax.”

Heard spent two days on the stand final week chronicling Depp’s alleged acts of verbal, bodily and sexual abuse that she says left her with a damaged nostril, black eyes and bruises.

Amber Heard testifying May 4, 2022, at Johnny Depp's defamation trial against her.

Amber Heard testifying Could 4, 2022, at Johnny Depp’s defamation trial towards her.
(Elizabeth Frantz/Pool/Reuters)

In agonizing element, Heard described how Depp allegedly raped her with a bottle of Maker’s Mark in a drug-fueled rage on a visit to Australia in March 2015.  

However many critics have known as out her tearless sobbing and melodramatic tone as inauthentic.

Heard’s facial expressions and physique actions are incongruent and so exaggerated as to be “off the scales,” Constantine stated. She added that the “Aquaman” star recounts too many extraneous particulars that trauma victims sometimes wouldn’t keep in mind — particularly six or extra years after the very fact. 

JOHNNY DEPP V. AMBER HEARD: THE SHOCKING TRIAL’S WILDEST MOMENTS

“Liars give you too much information,” she stated. 

However that doesn’t imply that every part Heard has stated isn’t true, Constantine famous. 

“I think that when she described the headbutt, she was being truthful,” she stated, referring to Heard’s allegation that Depp launched his head into her and choked her unconscious throughout an 2015 argument at their penthouse.

Evidence photos showing injuries Johnny Depp sustained after ex-wife Amber Heard allegedly slugged him in the face in March 2015. 

Proof photographs displaying accidents Johnny Depp sustained after ex-wife Amber Heard allegedly slugged him within the face in March 2015. 
(Proof photographs)

“I do think he was verbally degrading at times,” she added.

First Modification lawyer George Freeman, director of the Media Regulation Useful resource Heart, stated that Depp has a steep hill to climb to win the case. The “Black Mass” actor has to show not solely that Heard’s statements are false however that she knew they have been false when she made them, Freeman stated. 

“When a public figure sues, it’s much more difficult to win,” stated First Modification lawyer George Freeman

He additionally has to persuade the jury that her accusations really broken his popularity.

“When a public figure sues, it’s much more difficult to win,” Freeman defined. “He has to prove what was going on inside her head, that she knew she was lying.” 

Evidence photos showing Amber Heard with a black eye, an alleged broken nose and a clump of her hair on the floor.

Proof photographs displaying Amber Heard with a black eye, an alleged damaged nostril and a clump of her hair on the ground.
(Proof photographs)

A non-public individual solely has to show negligence or carelessness to prevail in a defamation case.

Heard’s lawyer, Ben Rottenborn, has argued that Depp additionally has to show that Heard was really referring to him within the op-ed. If he does, the jury solely has to search out that Depp verbally abused Heard as soon as for him to lose his defamation case, the lawyer has stated.

However civil and matrimonial lawyer Marilyn Chinitz disagreed, countering that the op-ed clearly referenced Depp and a home violence declare Heard publicly made towards him two years prior.

Johnny Depp and Amber Heard in court.

Johnny Depp and Amber Heard in courtroom.
(Evelyn Hockstein/Pool through AP)

The “London Fields” star, with bruises on her face and paparazzi in tow, went to a Los Angeles courthouse to acquire a restraining order towards Depp in Could 2016, accusing him of bashing her within the eye with a cellphone. 

“It’s a clear line of saying that Depp abused her physically even if she didn’t use his name,” she stated. 

Chinitz added that the case will come right down to the cross-examination of Heard and whether or not Depp’s authorized crew can undermine her to the purpose that the jury gained’t credit score any a part of her testimony. 

The trial in Fairfax County Circuit Court docket in Virginia went darkish this week for a pre-scheduled break however will resume Monday with Heard again on the witness stand. After her testimony wraps, her legal professionals plan to name Depp again to the stand in addition to his ex-girlfriend, Ellen Barkin, and Amber’s sister, Whitney Heard, however not essentially in that order, in line with a supply near her crew.

Either side have accused one another of bodily and verbal abuse and offered witnesses, audio recordings and pictures which have bolstered their respective claims. 

Actor Johnny Depp and wife Amber Heard attend the red carpet event for the movie

Actor Johnny Depp and spouse Amber Heard attend the crimson carpet occasion for the film “Black Mass” on the 72nd Venice Movie Competition in northern Italy September 4, 2015.
(Manuel Silvestri through Reuters)

Depp, who has known as Heard the abuser of their relationship, testified that she hurled a vodka bottle at him, severing the tip of his finger throughout an notorious Australia blowup in 2015.

“I think they’ve both damaged themselves in this lawsuit,” stated Chinitz, who represented Tom Cruise and Michael Douglas of their respective divorces. “You don’t get a favorable feeling about either of them.”

Heard’s countersuit, alleging that Depp defamed her by calling her abuse declare a hoax, suffers from comparable obstacles, stated prison and civil lawyer Mark Bederow.

Heard’s crew should show that Depp, not his lawyer, was really behind the disparaging remark.

“But even if one party prevails, it will be a pyrrhic victory,” Bederow advised Every day Submit Digital. “Both of their reputations have been severely damaged on the public stage.” 

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