Johnny Depp argues for denial of Amber Heard’s mistrial request

12 July 2022

Johnny Depp is arguing for the denial of Amber Heard’s request for a mistrial in their defamation case.

Johnny Depp is arguing for the denial of Amber Heard’s request for a mistrial in their defamation case

The ‘Pirates of the Caribbean’ actor’s legal team hit back after Heard’s lawyers made a filing in the Circuit Court of Fairfax County claiming the ‘Aquaman’ actress, 36, is entitled to a mistrial “based on newly discovered facts and information” that one of the jurors present for the case was not the one summoned for jury duty.

Heard’s documents claim the person summoned was 77 years old at the time, but a 52-year-old with the same last name and address instead showed up for proceedings.

Her side added it is “deeply troubling for an individual not summoned for jury duty nonetheless to appear for jury duty and serve on a jury”, given the “high-profile” nature of the trial “where the fact and date of the jury trial were highly publicised prior to and after the issuance of the juror summonses”.

Heard’s team also argued Depp, 59, “proceeded solely on a defamation by implication theory, abandoning any claims that Ms Heard’s statements were actually false”.

On Monday (11.07.22), Depp’s legal team replied, insisting the verdict remain the same and restating their evidence.

Depp’s team’s documents, obtained by Variety, say: “Though understandably displeased with the outcome of trial, Ms Heard has identified no legitimate basis to set aside in any respect the jury's decision.

“Here, the verdict was well supported by the overwhelming evidence, consistent with the law, and should not be set aside.

“Mr Depp respectfully submits that the Court should deny Ms Heard’s post-trial motions, which verge into the frivolous.

“The court should reject Ms Heard’s baseless contention that the damages award was excessive and supported by evidence.”

Addressing the alleged juror mix-up, Depp’s team said Heard’s “desperate, after-the-fact demand for an investigation of Juror 15 based on a purported error in his birth date” was “misplaced”.

They also argued she has “failed to identify any way” a juror mix-up would have “somehow robbed her of” due process.

Last month, the Depp v Heard six-week Virginia trial ended with the jury siding mostly with the ‘Ed Wood; actor, awarding him more than $10 million in damages after finding Heard defamed him in a 2018 article.