Weeklong break in Depp-Heard defamation trial offers Depp’s staff benefit in cross-examination, professional says

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Johnny Depp’s defamation trial is on a scheduled weeklong break after the world listened to a parade of witnesses, together with Amber Heard, testify in current days. 

Depp is making an attempt to show to a jury that the actress defamed him in an op-ed she penned for the Washington Put up that alleged she was the sufferer of home and emotional abuse with out particularly naming the “Pirates of the Caribbean” star, 58.

Depp’s case is not any layup for his authorized staff, in keeping with a number one leisure legal professional.

Daniel Gutenplan, who has represented purchasers on each side of high-profile defamation circumstances, contends Depp nonetheless has an “uphill battle” to win his case and safe the $50 million judgment he’s in search of.

‘Defamation plaintiffs’ have ‘an uphill battle’

“As most defamation plaintiffs have, Depp and his team have an uphill battle and have a challenge in proving the case because they have to prove, first of all, that anything that was said [in the op-ed and Heard’s testimony] is completely false,” the media, leisure and IP legal professional instructed Every day Put up Digital. 

“The Washington Post piece in question, of course, doesn’t mention Mr. Depp by name, although, his camp will argue — and I think it’s a compelling argument — that a reasonable reader will assume that the article was written about Mr. Depp. But of course, it doesn’t just not mention him. It also does not mention any specific instances of abuse or events. So it doesn’t say, ‘On this date, at this time or at this place, this thing happened. He did this to me.’ It just generally references being a victim of abuse,” the lawyer added.

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‘Poke every little hole’ in Heard’s testimony

Gutenplan, who will not be concerned within the Depp-Heard proceedings in Fairfax, Virginia, maintained the weeklong adjournment couldn’t have come at a greater time for Depp and his authorized staff given the wild particulars which have emerged. It offers Depp’s staff ample time to organize cross-examination of Heard, 36. 

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“They’re going to poke every little hole in her testimony that they can, and they’re going to try to create so many inconsistencies that they’re going to (tell) the jury, ‘If she can lie to you and misrepresent or change her story in these small ways, the entire testimony is polluted. You can’t possibly believe any of it,'” Gutenplan added.

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Actress Amber Heard winks at attorney Elaine Bredehoft, left, as her trial with ex-husband Johnny Depp breaks for lunch at the Fairfax County Circuit Courthouse in Fairfax, Va., April 18, 2022.

Actress Amber Heard winks at legal professional Elaine Bredehoft, left, as her trial with ex-husband Johnny Depp breaks for lunch on the Fairfax County Circuit Courthouse in Fairfax, Va., April 18, 2022.
(Steve Helber/Pool/AFP by way of Getty Pictures)

Depp, from the outset, expressed that he’s solely bringing this $50 million defamation declare towards his ex-wife so as to “clear his name” and recoup potential earnings he feels he misplaced from Hollywood because of Heard’s allegations.

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Gutenplan famous that one other problem within the case is that each central characters “play roles for a living.”

Johnny Depp comes face to face with Captain Jack Sparrow at the

Johnny Depp comes nose to nose with Captain Jack Sparrow on the “Pirates of the Caribbean” journey at Disneyland in Anaheim, Calif.
(Eric Charbonneau/WireImage)

‘Another challenge to the case’

“Their [Depp team’s] strategy has been, as you’ve seen in open court, to sling as much mud as possible, to discredit Ms. Heard as much as possible, and that’ll be what the cross-examination will focus on,” Gutenplan, a companion at Los Angeles-based Enenstein Pham & Glass, predicted.

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“That’s what they’re going to ask the jury to believe. They’re going to make these tiny pinprick holes in the testimony and then to try to pull those apart as big as they can and hope that jurors will frankly think she was just acting. Which is another challenge to the case is we’re dealing with two people who play roles for a living. So, ‘Where does the truth start and end?’ becomes a lot more difficult.”

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Gutenplan mentioned it could be unwise to attract any conclusions at this stage of the trial, which might be akin to “taking a look in the mirror when you’re halfway done with a haircut.”

Depp’s authorized staff ‘knows how to try this case’

“Truth, as we know, is an absolute defense to a defamation claim. So if Ms. Heard can establish that she is a victim of abuse — even if we are assuming for sake of argument that she was talking about Johnny Depp — then he can’t win his claim,” the Gutenplan defined.

He added that Depp’s authorized staff “knows how to try this case” since “they know where they’re weak, they know where they’re strong.”  

“[Heard’s] direct testimony the last day and a half in court I found it to be compelling,” Gutenplan mentioned final week. “Obviously, she was giving repeated details and dates and instances and events and purported witnesses who can corroborate those events and fairly significant, obscene instances of abuse.

“I imply, we’re speaking about critical stuff right here. Not that every one home abuse or abuse of any form is not critical. However I believe a minimum of her story actually rises to a different degree.”

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‘Burden of proof’

“So let’s keep in mind the burden of proof right here,” Gutenplan added. “Johnny is the plaintiff. He has to show by a preponderance of the proof and persuade the jurors that actually none of this occurred. It is one factor if the jurors assume that Ms. Heard is embellishing a chunk of this or perhaps this did not fairly occur the way in which that it occurred. However to win, he must persuade a jury that it is all fabricated, that it is all made up.”

Fox Nation takes a deep dive into the couple’s toxic marriage with two thought-provoking specials:

Fox Nation takes a deep dive into the couple’s poisonous marriage with two thought-provoking specials: “Who is Johnny Depp?” and “Who is Amber Heard?” hosted by Every day Put up’ Brian Kilmeade. 

Throughout her preliminary testimony, Heard described an alleged sexual assault that happened over the course of a three-day battle between the couple in Australia in 2015.

Depp’s staff has vehemently denied he ever sexually assaulted Heard. 

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A spokesperson for Depp mentioned in a press release that Heard “did indeed deliver the performance of her life in her direct examination.”

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

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

“While Ms. Heard’s stories have continued to grow new and convenient details, Mr. Depp’s recollections have remained exactly the same throughout the six painful years since her first allegations were made,” the spokesperson mentioned. “His truth — the truth — is the same no matter the environment in which it is has been presented. The upcoming cross-examination from Mr. Depp’s team will be most telling and will certainly highlight the many fallacies Ms. Heard has now attempted to pass off as fact throughout her convoluted testimony.”

A cross-examination of Heard’s claims will begin when courtroom reconvenes Could 16 at 9 a.m. ET.

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