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Did Dr David Spiegel violate ethics with Johnny Depp testimony? Experts divided, but 'idiot' comment slammed

Dr Spiegel was brought on by Heard's lawyer Elaine Bredehoft to back their arguments against Depp with his assessment of the actor as a psychiatrist

Johnny Depp fans have alleged that Amber Heard's expert witness, Dr. David Spiegel, broke an ethical rule when he testified in court about the 'Pirates of the Caribbean' star's behavior without examining him in person.

Spiegel was brought in by Heard's lawyer Elaine Bredehoft to back their arguments against Depp with his assessment of the actor as a psychiatrist. The doctor's opinion elicited several objections from the 'Pirates of the Caribbean' star's legal team, who later grilled him about his experience on the topic of 'Intimate Partner Violence' that his claims against the actor centered around.

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Depp's lawyer Wayne Dennison sparred with Spiegel over the American Psychiatric Association’s 'Goldwater Rule,' which notes that "psychiatrists have a responsibility to participate in activities contributing to the improvement of the community and the betterment of public health, but they should not give a professional opinion about public figures whom they have not examined in person, and from whom they have not obtained consent to discuss their mental health in public statements." The rule comes under Section 7 of the APA's Principles of Medical Ethics and is named after former US Senator and 1964 presidential nominee Barry Goldwater.

According to Spiegel, he had requested to interview Depp twice but had been refused by his lawyers. Nonetheless, many believe he may have violated ethical guidelines by testifying about Depp's psychological traits without examining him personally. Celebrity divorce attorney Christopher C. Melcher chimed in on the discussion.

"It was an ethics violation by Dr. David Spiegel to testify about Johnny Depp's psychological traits without evaluating him," Melcher wrote on Twitter. "Spiegel acknowledges the rule against giving opinions about people they have not evaluated but does it anyway. Per the American Psychiatric Association, ethics rule 7.3, it 'is unethical for a psychiatrist to offer a professional opinion unless he or she has conducted an examination and has been granted proper authorization for such a statement.'"

"It's called the Goldwater Rule. Ethical rules were created to maintain the legitimacy of the profession and to keep psychs from giving uninformed opinions," Melcher continued. "The America Psychological Code of Conduct 9.01(c) allows for a record review, only when an evaluation is not necessary and the psychologist explains the limitations of their opinions."

According to the celebrity lawyer, Spiegel shouldn't have criticized Depp for not agreeing to an evaluation. "The judge denied AH's request for an evaluation of JD, so Spiegel should not have criticized Depp for not submitting to one. An evaluation was absolutely needed. Speigel failed to mention the limits of his opinion based on a 'record review,'" Melcher wrote, adding that Spiegel is bound by the code of conduct if he's testifying as an expert witness.  

Melcher also slammed the psychiatrist for calling Depp an "idiot." He wrote, "At his deposition, Dr. Spiegel referred to Johnny Depp as an "idiot". This is the same expert who criticized Depp for having trouble with impulse control. Judge thyself,"

Depp's fans on social media nodded in agreement, echoing claims that Spiegel's testimony was a clear violation of the Goldwater Rule. "This testimony is a clear breach of the Goldwater rule applied to all practicing psychiatrists. You cannot express a public opinion on the mental state of someone who is NOT your patient without being stripped of your license," one tweeted. "He violated the Goldwater rule. Knows he violated it. Johnny Depp has never been diagnosed with Narcissistic Personality Disorder," another fan noted.

"I don’t tweet very often, but I am shocked beyond belief at this “expert” witness, Dr. Siegel, and his convoluted explanation of why Goldwater doesn’t apply to him. He needs his own psychiatric team," someone else offered.

Meanwhile, Depp's critics brushed off the accusations. "The jury definitely does not care about this shit on the Goldwater rule," Stanford Professor Michele Dauber tweeted. "Here comes the outcry of D*pp fans about the “Goldwater Rule.” Not only is this not an official rule, more an ethical guideline that many psychiatrists have challenged, but it’s really only relevant toward politicians. Think of when ppl were diagnosing Tr*mp with narcissism," one Heard fan wrote. "Bredehoft also points out Dennison misrepresented the Goldwater rule because the records Spiegel examined were not available publicly," another added.