Johnny Depp's team speak up after jury Amber Heard claims
Attorney Johnny Depp has responded after Amber Heard called for the verdict in the defamation battle to be thrown amid claims about one jury in the case.
In June, a civil jury at Fairfax awarded Depp $10.35 million after they found he was slandered by Heard when he wrote a 2018 opinion piece in Washington Post about domestic violence.
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The jury also awarded Heard $2 million for his counterclaim that he was slandered by one of Depp’s attorneys after he called his allegations a hoax.
Earlier in July, in a motion filed in Fairfax County Circuit Court and published by Courthouse NewsHeard’s attorneys asked the court to “dismiss” the complaint and “investigate potential inappropriate jury service”.
Among the arguments, Heard’s attorney suggested one jury on the panel might have been selected illegally.
According to court documents, a summons was addressed to a 77-year-old man. But the man who answered instead was his 52-year-old son, who has the same name and lives at the same address.
“Juror No. 15 appears to have been born in 1970, not 1945, as the parties – including Ms Heard – have reported and relied on in selecting the jury panel,” wrote Heard’s attorney.
“It appears that the identity of the jury was not verified. It’s unclear whether Juror No. 15 was actually ever called to jury duty or qualified to serve on the panel.
“This requires an investigation by this court to determine whether the Jury was actually summoned, and whether the parties’ due process rights were bypassed.”
In court documents filed on Monday, Depp’s lawyers refuted arguments from Heard’s team that the jury’s ruling was unreasonable and unfounded.
They also said Heard’s team’s complaint about the jury’s identity was irrelevant.
They argued there was nothing inconsistent in the fact that the jury rendered judgments in favor of Depp and Heard.
They say the jury verdict form allows the jury to be very specific about which statements were defamatory, and the verdict makes sense when you look at the specific statements the jury cited.
As for confusion over the identity of the jury, Depp’s attorney said it was too late for Heard’s team to raise an objection.
Depp’s attorneys argued that if Heard’s team had any concerns they should have spoken up at the time because it was clear that the man on duty was not 77 years old, despite court documents describing him as such.
Judge Penney Azcarate has not indicated whether he plans to hold a hearing to hear arguments about the motion to override the verdict.
FBI and Amber Heard
The new developments come amid an FBI report helping the Australian government investigate whether actress Amber Heard swore perjury in a Queensland court in 2016.
The perjury charges relate to litigation stemming from a visit to Australia with Johnny Depp in 2015, when Heard violated strict quarantine laws by failing to declare the couple’s two dogs, Pistol and Boo, as Law & Crime Network reported.
Heard smuggled two Teacup Yorkies into the country via private jet in May 2015 when her then-husband made his fifth. Pirates of the Caribbeanpassed quarantine protocols and violated strict Australian biosecurity laws in the process.
According to the Australian Department of Agriculture, Water and Environment, dogs or cats brought into Australia from the US must have an import permit, undergo a 10-day quarantine and undergo veterinary examination before being released.
None of these things happened before the dogs arrived at Depp and Heard’s luxury accommodation on the Gold Coast.
At the time, Deputy Prime Minister Barnaby Joyce ordered Pistol and Boo to be taken overseas or they would be euthanized.
The story made international headlines after Heard was charged with illegally importing dogs into the country.
He was fined after pleading guilty to the lesser charge of falsifying travel documents and then, along with Depp, forced to shoot an awkward apology video.
“I’m really sorry Pistol and Boo weren’t announced,” a visibly glum Depp says in the next video.
“Protecting Australia is important.
“Declare everything when you enter Australia.”
The dogs were flown back to the United States when Heard blamed jet lag and sleep deprivation for not acknowledging the dogs when they entered Australia.
But at the Depp UK 2020 defamation trial against Sun, his former plantation manager Kevin Murphy said he had repeatedly informed Heard that the dogs would not be allowed into Australia because proper paperwork had not been completed.
He also testified that Heard wanted him to hold his former assistant, Kate James, to blame for not arranging the necessary paperwork.
Heard told a British court that the Pistol and Boo story was Depp’s fault and that he had told him to “lubricate” (i.e. pay) the vet.
A spokesperson for the Australian Department of Agriculture, Water and Environment said Law & Crime that it is “investigating allegations of perjury by Ms Heard during litigation for the illegal import of two dogs into Australia in 2015.”
“As this matter is ongoing, the department is unable to provide further comment,” the spokesperson said.
The department did not confirm or deny FBI involvement.
But retired FBI agent and attorney Bobby Chacon told Law & Crime Network that the FBI’s involvement in the Australian investigation is not uncommon.
“The FBI has an office in Canberra and there are FBI agents permanently assigned to Australia,” he said.
“Part of their mission is liaison and assistance so if Australia needs anything from here in the US they will definitely contact the Australian FBI office and the FBI is likely to help.”
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