Amber Heard’s lawyers made every effort to drop the case, but the judge denied their request.
Before starting their case, Amber Heard’s lawyers asked Judge Penny Azkarate to dismiss the case, saying Johnny Depp had not substantiated his allegations.
Judge Azcarate rejected the request for two statements in the Washington Post, as there was a “scintilla” of evidence that the jury may find to be defamatory.
The judge postponed a third statement in the report because no relevant evidence had yet been gathered.
The request provoked angry exchanges in court, with both sides firmly presenting their arguments.
Hurd’s lawyer, Benjamin Rotherborn, said that if the court agreed that Depp had mistreated Hurd “even once, she wins – it’s that simple.” Rothenborn said the evidence Depp had physically and verbally abused Hurd was “striking and indisputable.”
According to Rothenborn, the defamation suit must be dismissed because Depp failed to establish the “falsity of the allegation” during his main case.
In a fiery reaction, Depp’s lawyer, Benjamin Chu, said that Depp “came out with many credible witnesses, documents and authentic records of Miss Hurd herself.”
The evidence satisfied all the “necessary elements” and even went “the extra mile, showing that Miss Hurd physically abused him.”
Raising his voice, Chu said, “She’s the abuser in this courtroom!”
Amber Heard’s lawyers have asked Judge Penny Azkarate to dismiss the case, saying Johnny Depp has not substantiated his allegations.
In a fiery reaction, Depp’s lawyer, Benjamin Chu, said that Depp “came out with many credible witnesses, documents and authentic records of Miss Hurd herself.”
Judge Penny Azkarate rejected the request for two statements in the Washington Post, as there was a “scintilla” of evidence that the jury may find to be defamatory.
Hurd Rothenborn’s lawyer argues that if the case continues, the title of the article should be deleted because Hurd did not write it.
The headline of the online version reads: “I spoke out against sexual violence – and faced the wrath of our culture. That needs to change.
Rothenborn also claims that Depp failed to prove that Hurd acted with “real malice” in writing the article, the test needed for a defamation case.
Rothenborn told the court he was a “guardian of the First Amendment” and should dismiss the case.
Depp Chu’s lawyer said the “most convincing and disgusting” evidence came from emails sent by the ACLU to the Washington Post outlining the idea for the song.
In an email, an ACLU executive told a Washington Post editor that it was written by Hurd, who “as you recall, was beaten during her brief marriage to Johnny Depp.”
Chu claims that the ACLU “helped her (Hurd) lie about it” afterwards and called the civil rights group a “conspirator with Miss Hurd” who played a “frankly reprehensible role” in the case.
The lawyer claims that Hurd told ACLU “to bring it back, to make it more spicy”, referring to an allusion to Depp
Without that, the song would have landed on Teen Vogue, because “no one cared what she had to say unless she slandered Mr. Depp,” Chu said.
Hurd was shocked that she had not paid $ 7 million for the divorce of ACLU and the Children’s Hospital in Los Angeles, half of which went to each.
Chu said it was “one thing for her to stifle the ACLU,” but it was another not to pay the hospital for “sick and dying children.”
According to Chu, “everyone and his grandmother” knew that Hurd was referring to her restraining order against Depp in the report.
He called it “just a scam to get $ 7 million from the divorce agreement”, which she “collected” instead of giving it to charity, as promised.
Chu said: “Witness after witness testify that Miss Hurd, far from being a domestic violence figure, is in fact a recidivist, a perpetrator of domestic violence against Mr Depp and others.”
In response, Rothenborn said Chu “wrote this speech to an audience outside the courtroom.”
Speaking of Hurd, he said: “She is not the abuser. She and her witnesses will present even more evidence that she suffered at the hands of Mr. Depp.
Amber Heard’s personal nurse took office on Tuesday as Johnny Depp’s team closed the case
Amber Heard’s personal nurse took office on Tuesday as Johnny Depp’s team rested.
The court heard Erin Falati, also known as Erin Boerum, Amber Heard’s former nurse, who appeared on video.
Interrogated by one of Depp’s lawyers, she reviewed her notes on her attitude toward Hurd, beginning with their first meeting in August 2014.
The notes said Hurd “reported a history of substance abuse, including cocaine and alcohol addiction.”
“Hurd doesn’t smoke, but says he drinks 1-3 glasses of red wine a day,” the notes said.
The notes read: “Family history of substance abuse, mother and father have abused and become addicted to stimulants.
“The client admits to a history of anxiety, eating disorders, attention deficit disorder, bipolar disorder, addiction problems and occasional insomnia.
“The client identifies as bisexual and was married to a partner before the current relationship.”
The notes added that Hurd had experienced increased agitation recently and had several outbursts of anger and rage. Her mood is unstable.
Asked what “labile” means, Falati said: “Emotional lability is when emotions revolve around a pendulum, you see someone sad and quickly turn into extreme happiness, it’s like a pendulum.”
The court heard Erin Falati, also known as Erin Boerum, the former nurse of Amber Heard, who appeared on video
Interrogated by one of Depp’s lawyers, she reviewed her notes on her attitude toward Hurd, beginning with their first meeting in August 2014.
Falati told the court that he remembered Hurd behaving in this way during her treatment.
In another note from the notes, Falati said: “The client expressed concern for her husband and Dr. Cyprus (Depp’s GP) that she was nervous, that she was alone while her husband worked (on the set of the film in London) and expressed that she has difficulty coping with feelings of insecurity and jealousy when she is not in her husband’s presence. ‘
In a note dated August 29, 2014, Falati said that Hurd spoke about her “confusion” over dinner because she believes Depp wants her to “interrupt her acting career” and stay at home.
Asked if she ever had the impression that Depp wanted Hurd to stop acting, Falati said, “I don’t remember feeling that way.”
In Falati’s medical notes of September 2, 2014, she wrote that Hurd reported “difficulties with problems with jealousy and anxiety about the fiancé’s fame and ability to communicate frequently with women.”
Falati told the court that he recalled “the general feeling of jealousy and anxiety that have arisen over the years.”
In a medical note dated September 4, 2014, Falati noted that at dinner, Hurd was “disappointed” with the staff due to improper communication.
Hurd repeated calmly, prompting Falati to reflect on her “change in coping mechanism,” as Hurd’s coping skills had previously included “anger and screaming.”
The court was shown photos of Hurd’s flushed and bruised face, which the actress sent to her former nurse Erin Falati
Amber Heard’s former nurse testified that the actress sent her photos with red spots on her face (pictured) via text message and was told she had committed suicide.
In a note dated March 25, 2015, Falati wrote that Hurd was “concerned about the ability to trust the fiancé after an argument” two days earlier.
Falati told the court he had “a summary of problems with jealousy and anxiety, including mistrust in relationships.”
Depp and Hurd see each other in September 2015 in Venice, Italy – the same year as the Battle of Australia
Asked if she remembered Hurd thinking Depp was cheating on her, Falati said she did not remember this in particular, but a general sense of jealousy.
Another note from December 17, 2015 revealed Falati’s observations of Hurd in her penthouse in Los Angeles after a battle with Depp.
The notes state that she “has visible bright red blood that appears in the center of her lower lip” and that she is “actively bleeding.”
The medical notes state: “Hurd claims she was injured in a dispute between her and her husband.
“She states that her head is bruised and she lost chunks of hair during the quarrel.”
The court heard that Falati was attending Hurd’s 30th birthday at the penthouse on April 21, 2016, where Hurd was angry because Depp was late.
The notes from the evening say: “Hurd seems to laugh and smile when she talks to friends, but the mood becomes depressed and is reflected equally when she is alone or talking to her friend Rocky.
Hurd said: “I can’t believe (Depp) isn’t here yet. He continues to say that he is on his way, but he has not yet appeared. “
Depp attended a two-hour meeting with his accountants and showed up at 10:15 p.m.
The next day, Hurd went to the Coachella Music Festival with his friends as a birthday trip.
In a note dated May 11, 2016, Falati wrote about Hurd’s visit home.
The note said: “The client admits that she used illegal drugs and stated that she ingested mushrooms and MDMA at the same time and vomited and was” at least 24 hours tall “.
(Falati) reminded the client that the use of illicit drugs will not be tolerated by medical staff and that any drugs or drugs that are not prescribed can cause adverse effects with their prescribed drugs.
“The client laughed and also said that he used illicit drugs (mushrooms and MDMA) on March 9 at home with a high-level acquaintance. The client said that her husband did not know about the male visitor and not about the use of illegal drugs.
Asked if Hurd had ever talked about substance use before, Falati said she had done so when they first met.
Mike Spindler, a forensic accountant called by Depp’s team, testified that Depp …
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