Johnny Depp asks judge to strike Heard's argument that verdict will be a 'message' to other victims
Johnny Depp's lawyers sought to strike an "inappropriate argument" made by Amber Heard's attorney in their closing argument which asked the jury to consider the "message" ruling against the 'Aquaman' actress would send to other domestic abuse victims.
Depp, 58, and Heard, 36, are embroiled in a $50 million defamation lawsuit after she penned an op-ed for the Washington Post in 2018, claiming to be a victim of domestic abuse. The article did not name Depp, and Heard's lawyers have said it is protected by freedom of speech, but Depp's legal team has argued that it implied Depp was the abuser and that this damaged their client's acting career. Heard has countersued for $100 million, saying her ex-husband assaulted her several times during their relationship.
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Depp's team asked Judge Penney Azcarate on Tuesday, May 31, to instruct the jury to disregard the portion of the closing argument in which Heard's lawyer told the jury its decision in the case would send a message to "every victim of domestic abuse everywhere." Depp's attorneys argued that this meant jurors were being asked to focus on a larger social issue that was beyond the scope of the case set before them. However, the judge said she couldn't entertain the motion considering the jury was already in deliberation.
Addressing the jury in his closing argument on Friday, May 27, Heard's attorney Benjamin Rottenborn said that a ruling against his client would send "a message that no matter what you do as an abuse victim, you always have to do more. No matter how honest you are about your own imperfections and your own shortcomings in a relationship, you have to be perfect in order for people to believe you." Rottenborn concluded, "Don't send that message."
Considering, Depp's lawyers argued that Rottenborn had improperly asked jurors to focus on a larger social objective that was beyond the scope of the case. "Such argument by Ms. Heard's counsel improperly invites the jury to decide the case 'based on passion and prejudice' and a specific jury instruction is necessary to cure this impropriety," Depp's team argued. However, Judge Azcarate said she couldn't intervene as the case is in the hands of the jury now.
Depp and Heard's months-long legal face-off has finally concluded. The trial began on April 11 and there have been a number of shocking revelations since about their troubled relationship, which included 15 months of marriage. Both parties have accused each other of domestic violence and abuse throughout the Fairfax County, Virginia trial.
The seven-member jury, which must come up with a unanimous verdict, finished a second day of deliberations on Tuesday without reaching a consensus. Jurors heard closing arguments Friday and deliberated for about two hours before adjourning for the long Memorial Day weekend. They then deliberated for another seven hours on Tuesday, and are slated to resume discussions Wednesday, June 1, in Fairfax County Circuit Court.