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Week 5
After a week's break to the trial, Heard completed her testimony, which included several photographs and audio recordings being presented to the jury. She testified that by early 2016, Depp's substance abuse had escalated and that he begun to experience hallucinations of people who were not there and accuse Heard of things she had not said. She testified that the violence was "now normal and not the exception" and feared that if she did not file for divorce, she "wouldn't survive [...] I believe he would have taken it too far and I wouldn't be here". She testified that on her birthday in April 2016, she and Depp had a fight where they shoved each other before Depp threw a champagne bottle on a painting, "pushed me to the ground" and "grabbed me by the pubic area" before leaving. She denied that she had anything to do with the feces in Depp's bed the following morning, instead stating that it was caused by their dog who had bowel control problems. She claimed that Depp was obsessed with the idea that she was the culprit, that it was what they had been discussing in May 2016, when she alleges the last violent incident took place. She testified that Depp hit her, threw her phone at her face and grabbed her by the hair before her friend, Raquel Pennington, and Depp's security intervened. She explained that she did not cooperate with the police officers who were called because she wanted to protect Depp and did not want the abuse to become public. Photos were shown to jurors, which appeared to show red marks and swelling on Heard's face; the jury was also shown a text message from Depp where he appeared to apologize for the incident.

Heard testified that she filed for a temporary restraining order because she wanted to change the locks to her home so that Depp would not be able to access it. She said that she was "scared and very conflicted because the person I was scared of was also the person I was in love with". She explained in detail how she would apply make-up and ice to her bruises and other injuries to hide them and that she always wears make-up when out in public. Heard said she did not want Depp's money in the divorce but had accepted the $7 million to stop the fighting, but added that she legally could have received a much larger sum if she had wanted. She said the charity donations were to be made in installments, but that she had to stop paying them in 2019 due to Depp suing her, stating that she has had to spend more than $6 million in legal fees.

Heard testified that since the abuse claims became public, she had lost out on roles, had to fight to stay in Aquaman and that her scenes in the sequel, which is to be released in 2023, have been significantly reduced. She denied that the op-ed was about Depp, but about her experiences after she filed for divorce. Heard further testified that after Depp's lawyer, Adam Waldman, made claims about her being the abuser to the public in 2020, her L'Oréal contract and the promotional work she was to do for The Stand was significantly reduced. She said that since that, she has filmed only one film in addition to the Aquaman sequel.

Under cross-examination, Depp's lawyers questioned Heard about the lack of injuries in many photographs taken of her during the time when she alleged that she had been abused. Heard said this was because she had put on make-up and used ice to reduce the swelling. She said that she had not sought medical care after her rape in March 2015 because she did not want to tell anyone. When asked about why she had not completed her donation yet despite claiming so publicly and having the money months before being sued by Depp, Heard maintained that she intends to after she is no longer being sued, and that she had used "donate" and "pledge" synonymously.

Domestic abuse experts
Several domestic violence experts also commented publicly on the trial. Some expressed a fear that the way in which the trial has been made into entertainment and how the public is taking sides in the trial may discourage survivors from coming forward. Many also noted that the case was showing that there is a need for further public awareness of topics such as trauma, gender stereotypes and the power dynamics of abusive relationships.

Sharon Curry's diagnosis of Heard was also criticised by forensic psychologist Jessica Taylor, who stated that borderline personality disorder "has been used knowingly and deliberately weaponised against Amber Heard, just as it is against many women testifying against their male abusers in court". Barrister Charlotte Proudman, who specializes on violence against women and girls, also critisized Curry's diagnoses, stating that Heard was being branded mentally ill and that "every headline that has commented on Heard’s mental health has stigmatised people with mental health challenges, while simultaneously undermining the credibility of victims who come forward".

The claim made by Laurel Anderson that Depp and Heard were mutually abusive was also criticized by some advocates. Ruth Glenn, president and CEO of the National Coalition Against Domestic Violence, stated that when victims of domestic abuse react violently to abuse by their aggressors, it should not be framed as mutual or reactive abuse. Domestic abuse researcher Kellie Lynch commented that "just because someone might be violent towards the other person in the relationship doesn't mean that they were necessarily the primary abuser or aggressor", and that before knowing the "full dynamics" of the relationship, the term "mutual abuse" should never be used. Similarly, psychologist Betsy Usher stated that when victims defend themselves, the abuser may try to shift blame to the them and accuse them of abuse, and barrister Charlotte Proudman stated that terms such as "mutual abuse" were in her experience often used to "minimise the domestic abuse by suggesting that they are both complicit in it, rather than that there’s a victim and a perpetrator". Sarah Davidge, the head of research and evaluation at UK-based charity Women's Aid, commented that gender stereotypes should be understood when discussing mutual abuse, citing research that found that abused women are often branded as "hysterical" or "over-emotional". She stated that "without properly exploring that context, and the impact of fear and control, there’s a real danger in using labels like reciprocal violence and mutual abuse, because it can mask harms and obscure who wields the power". In contrast, both psychotherapist Janie Lacy and Ammanda Major, the head of clinical practice at Relate, the UK's largest provider of relationship support, argued that in extremely volatile relationships mutual abuse may occur. According to Lacy, the abused person may develop an unhealthy attachment to their abuser, and that "when they have these 'come here' and 'go away' dynamics, it becomes this very exploitative relationship. ... And there's this constant shifting of power and these types of dynamics." Major stressed the importance of understanding the full relationship dynamics, and that violence may sometimes be a reaction to coercive control. She added that mutually abusive or coercive relationships should not be treated in couples' therapy. Major also said she would not comment directly on the Depp-Heard case.

Domestic abuse experts also commented that the trial was exposing the public's biases and misconceptions around domestic abuse. Laura Palumbo, communications director at the National Sexual Violence Resource Center stated that "There's such a strong desire in the public discourse for [Heard] to be the villain [...] It doesn't seem like there's a lot of folks thinking critically or wanting to understand the nuances of abuse or of unhealthy relationships." She also stated that the coverage of the trial was difficult for domestic abuse survivors and that Heard's treatment in the media and social media may discourage victims from coming forward. Sociologist Kjerstin Gruys stated that "what we're finding is that Amber Heard, now that we know she isn't perfect, isn't being taken seriously or, even worse, is being accused of lying from the beginning."

https://news.yahoo.com/debunked-psychological-diagnoses-amber-heard-161101766.html https://ew.com/celebrity/experts-weigh-in-johnny-depp-amber-heard-defamation-trial/ https://www.salon.com/2022/04/28/mutually-abusive-therapists-weigh-in-on-how-to-interpret-expert-testimony-in-the-depp-heard-trial/ https://www.psychologytoday.com/intl/blog/checkpoints/202205/mutual-abuse-and-the-deppheard-trial https://inews.co.uk/opinion/trial-between-johnny-depp-and-amber-heard-exposes-the-fallacy-of-mutual-abuse-1594127 https://www.insider.com/mutually-abusive-relationships-dont-exist-therapists-say-2022-5 https://psychcentral.com/news/johnny-depp-amber-heard-mutual-abuse-experts-weigh-in#Depp-v.-Heard:-Domestic-abuse-experts-weigh-in

On Depp's behalf

 * Stephen Deuters, Depp’s former personal assistant and current European president of Infinitum Nihil. Deuters testified that he had never seen Depp abuse Heard. He admitted that Depp abused alcohol and drugs and that he had obtained illegal drugs to him on occasion. When asked about his text messages to Heard in the wake of incident #4, where he appeared to apologise on Depp's behalf for the abuse, he stated that he had written them to placate Heard and that their content did not reflect the truth. He stated that although he wrote in the message that Depp had kicked Heard, in reality Depp had only "playfully tapped" her with his foot.


 * Samantha McMillen, Depp’s stylist. McMillen testified that it appeared to her that Heard was uninjured and not wearing make-up when she dressed her for the Late Late Show with James Corden, a day after incident #12. She confirmed that Heard had commented to her immediately after taping for the show ended that "Can you believe I just did that show with two black eyes"; McMillen could not explain why Heard would say that if uninjured. Although she was adamant that she had seen Heard before her make-up was applied, she admitted that she was not within a hearing or seeing distance when Heard’s make-up was being applied. McMillen also testified that she did not see injuries on Heard on May 24, 2016, 3 days after incident #14.


 * Kevin Murphy


 * Several members of Depp's security personnel testified for him. Travis McGivern stated that he had witnessed Heard throw items at Depp in incident # . Although neither had been present when the alleged incidents took place, Malcolm Connolly and Sean Bett stated that both had been told by Depp that Heard was abusive. Connolly claimed that Depp had stated to him that Heard had "cut his finger off" in the immediate aftermath of the Australia incident. Bett stated that he knew that Depp and Heard often had heated arguments, but that she was mostly at fault. Bett also stated that after incidents #12 and #13, Depp told him that Heard had hit him and that he had taken photographs of the injuries to Depp's face. However, he also wanted to correct his initial witness statement which had an incorrect copy of the image from incident #13. He could not explain how it had ended up in his signed witness statement or find the correct image. Finally, Starling Jenkins testified that he had been tasked to accompany Heard, her sister and their friends to Coachella in 2016. He stated that he had seen Heard vomit at the festival, allegedly from alcohol/drugs, and denied that it could have been her sister, who was pregnant and having morning sickness.


 * Tara Roberts, estate manager of Depp’s private island in the Bahamas. Roberts said that she had never seen Depp be violent or aggressive, but had in December 2015 arrived at the couple's house when they were in the middle of the fight. Depp appeared to have a graze on his nose but she did not recall seeing any injuries on Heard.


 * Ben King, who worked as an estate manager for Depp in 2014-2016, testified that he had never witnessed any aggression from either party, but that he believed Heard was the antagonizer in the couple's fights even though he admitted that he did not know their content. He also believed that Heard drank heavily, as he had seen her drink wine and noticed that there were often a lot of empty wine bottles in their house even though he had been told that Depp was teetotal. He had on occasion seen Depp smoke marijuana. In Australia, he witnessed the damage to the house after incident. He also flew back to LA with Heard and noted that she had cuts in her arms.


 * Eastern Columbia Building concierge staff members Trinity Corrine Esparza and Alejandro Romero also testified. Esparza stated that she had seen no marks on Heard's face when she interacted with her in the building in the days after incident #14, and was sure that she was not wearing make-up. She also stated that she had seen Heard with bruises after Elon Musk had spent the night in the building in the summer of 2016. Romero stated that he had seen Heard and Musk at the apartment building in 2015, but claimed that Heard did not live in the building until 2016. He admitted under cross-examination that he was not sure about the exact year of when he saw Heard with Musk. Evidence was also heard from Hilda Vargas who is a member of Depp's cleaning staff and who had been tasked to clean faeces from the couple's bed in April 2016. Vargas also stated that she had on a previous occasion heard Heard yell at Depp and had never seen any injuries on her.


 * Depp's friend Isaac Baruch, who lived rent-free in one of Depp's five penthouse apartments at the Eastern Columbia Building and next door to the couple, testified that he had not seen any injuries on Heard when he saw her in the building on the days after incident #14. However, he did testify to having seen spilled wine and a broken wall sconce in the corridor outside the apartments.


 * Depp's accountant Edward White testified that Depp had learnt on the day of incident #13 that he owed the IRS taxes from the previous years. He further testified that Depp and Heard did not have a pre-nup and the Heard received US$7 million and the legal costs in the divorce.


 * Kate James, Heard’s former personal assistant. James claimed that Heard had stolen her story of being raped, which she had shared to Heard in confidence.
 * Laura Divenere
 * Melissa Saenz
 * Katherine Kendall

On NGN’s behalf

 * Amber Heard
 * Whitney Henriquez, Heard’s sister.
 * Raquel Pennington, Heard’s friend and neighbour at the Eastern Columbia Building.
 * Josh Drew, Pennington’s husband at the time and Heard and Depp’s neighbour.
 * Melanie Inglessis, Heard’s friend and former make-up artist.
 * iO Tillett Wright, Heard’s friend.
 * Kristina Sexton, Heard’s friend and former acting coach.

Refs
Heard's friends who testify against Depp did not witness any of the violent incidents, except for one claimed to be witnessed by Henriquez (os, 4). Did not leave Depp or call for police assistance (OS 5-6). Depp first to call marriage quits (OS 6). Heard having invented the incidents (os 6-7) and is herself an abuser (6-8). Evidence of Heard's alleged abuse is the tape, recorded in 2015 and on which Heard admits to having hit and thrown pots and pans at Depp (OS 7–8). In another tape, admits to "having kicked a door into the crouching Claimant’s head, and then punched him in the aftermath of an incident which started with her coming at him in a bathroom to which he had removed himself from her, and him then accidentally opening a door onto hertoes (as she accepts). She admits that she punched him in the face on purpose, but denies, somewhat strangely, that she kicked the door into his head on purpose." (OS 10) San Francisco post-TRO (OS 10-11). Depp's admitted substance abuse irrelevant (OS 13). 'Monster' mostly Heard's fabrication, (13) she has anger issues, mental illness and substance abuse issues (14); Heard in control (friends living as neighbours, Toronto premiere, no pre-nup 15), had extramarital relationships ie not Depp's paranoia, sign that did not love Depp (15-16). Dogs incident, Murphy statement, Savannah McMillan (17). Incients: many she said-he said ie no witnesses (20); cannot have had injuries because was sending a happy text msg to Depp's daughter and planning a meeting, Late Late Show appearance; Samantha McMille statement. Australia; Heard angry about post-nup, did not seek medical attention and Depp's staff members claim did not see injuries, hence doubt that injuries could have been serious; caused Depp's finger to be severed (OS 22; SA 8-9); May 2015, Depp calling marriage quits, police stating saw no evidence of injuries, CCTV, building staff (24). security staff Sean Bett and Travis McGivern, estate manager Kevin Murphy, and house manager, Ben King, who will give evidence that Ms Heard was regularly verbally abusive to Mr Depp: S Bett at 5-6 [2/40/D71]; T McGivern [2/52/D164-D165]; K Murphy at 6 [2/42/D82]; B King at 6 [2/46/D119]. Her violent behaviour towards the Claimant, as outlined in section G below, is clear from her own taped confessions. (SA, 6) Travis McGivern, stairs incident, Heard throwing items (SA 9); SA 11 further claims of extramarital relationships; SA 12 claim that Heard hit Depp in April 2016, carefree in Coachella, dog poo incident; even after TRO, agreed to meet (14) text messages where apologises for own behaviour and does not explicitly deny Depp's claims of violence behaviour, tape (2324)

Verdict
On November 2, 2020, the High Court of Justice ruled that Depp had lost his claim and that "the great majority of alleged assaults of Ms Heard by Mr Depp [12 out 14] have been proved to the civil standard." The verdict found that while Depp had been successful in proving that the articles had been damaging to his reputation, his claim of libel had failed as the articles had been "substantially true". Furthermore, the court found no evidence of Heard having created a hoax against Depp, stating that "if Ms Heard had been constructing a hoax there are various measures which she might have taken, but which she did not". The court also accepted Heard's claim that her career and activism had been seriously damaged by the allegations made by Depp. The 129-page verdict examined all 14 incidents, both alone and in context of the entirety of the evidence presented.

Heard's reliability as a witness
The court did not find any of the claims made by Depp's team that questioned Heard's reliability as a witness to be credible. Depp claimed that when Heard's friend, British Savannah McMillan, had visited Heard in the US in 2014, she had in fact been working as Heard's assistant without a US working visa, and thus Heard had lied to the US Homeland Security. The court found that the only evidence supporting this was a statement from Heard's former assistant, Kate James, whose employment Heard had previously terminated in acrimonious circumstances, and which therefore could not be regarded as reliable. The other claims made by Depp's team were that Heard had tried to get Depp's assistant Kevin Murphy and Kate James to make or help in procuring false statements to help the couple to travel with their dogs on two occasions, one of which was the trip to Australia in 2015, when Heard was prosecuted for failing to properly declare the dogs. The court did not find that the evidence presented showed this. Furthermore, the verdict noted that Murphy had declared himself on Depp's side and against Heard, and that one of the dogs was in fact Depp's, but Heard had volunteered to take the blame to ensure that Depp did not get into trouble regarding his employment in Australia.

Depp also claimed that Heard's allegations had escalated since her filing for a TRO in 2016, and that she had then mentioned fewer incidents. The court countered that Heard had in fact been clear already in the TRO application that the violence had been constant throughout their relationship, and found her claim that she had been advised by her lawyer to only mention the most recent incidents in detail to be credible. As for Depp's claim that Heard meeting with him after the TRO was a sign that she was not a victim of domestic violence, the court found that it was not unusual for a victim of domestic abuse to have contradictory feelings towards their abuser.

The verdict also found that the term 'the monster' was not invented by Heard but had been used in this context by Depp in discussions with other people about his problems with addiction and rage.

Heard's admission to violence in recorded conversations
In his claim, Depp stated that Heard had been abusive to him, presenting two audio records of private discussions between him and Heard as the main evidence. In these tapes, Heard appeared to admit to having hit him and thrown items at him. The court found that the acts of violence described in the tapes were not in contradiction with the self-defense Heard had already herself declared in her witness statements. Furthermore, the verdict ruled that the discussions could not regarded as comparable to witness statements, made under oath and subject to cross-examination. The court also found that neither Depp nor Heard's alleged previous acts of violence outside their relationship were relevant to the case and concluded that neither had any previous convictions for violence.

Ruling on the incidents
For incident #1, the court found that "seen in isolation, the evidence that Mr Depp assaulted Ms Heard on this occasion might not be sufficient. However, taken with the evidence as a whole, I find that it did occur." For Incident #2, the court found in favor of the account presented by NGN, citing Depp's own admissions of alcohol and cocaine abuse under cross-examination, as well as jealousy during this time, and contemporaneous communications between Depp, Heard and other parties. A photograph which Depp's lawyers claimed did not show Heard with injuries could not be proved to have been taken on that day. The court also found incident #3 in NGN's favor based on evidence of Depp's behavior related to substance abuse and anger issues in general, and on a witness statement by Heard's friend Kristina Sexton, who had been present during the trip to Hicksville. The court rejected the further allegations made in closed court.

The court ruled in NGN's favor on incident #4, stating that contemporaneous messages between Depp, Heard and other parties supported Heard's version of the events. Depp also admitted during cross-examination that he did not remember everything that had taken place. The court also ruled that in incidents #5 and #7, NGN's version was more credible, but for incident #6, the court could not find that any physical violence had taken place as the defendants could not provide more specific information on the incident except a contemporaneous text message from Depp, in which he apologized to Heard for his behavior. For #8, which took place over three days in Australia and resulted in Depp's finger being severed, the court found in favor of NGN. Heard's account of the events —that Depp assaulted her after relapsing on illegal drugs and alcohol— was found to be supported by Depp's messages with his assistant Nathan Holmes, which showed that he had procured illegal drugs for his personal use. Furthermore, in the aftermath of the incident in Australia, Depp's doctor treating him for his addiction disorder resigned citing Depp's unwillingness to commit to sobriety. Photographs and a mobile phone recording made by Depp's staff in the aftermath of the incident were also found to support Heard's account, as did witness statements and evidence from Whitney Henriquez, Raquel Pennington, Erin Boerum, Ben King, and Heard's therapist, Dr. Connell Cowan. As for Depp's claim that Heard had caused the injury to his finger, the court found that Depp's own statements to his staff and friends about the injury to his finger indicated that he had most likely himself cut it. Although in general ruling in her favor, Heard's description of the events as comparable to a hostage situation was taken to be hyperbolic.

On incident #9, Depp alleged that his bodyguard, Travis McGivern, had witnessed Heard throw items at him. The court found McGivern's account to be in contradiction with that given by the only independent witness at the scene, Depp's nurse Debbie Lloyd, who stated that both Depp and Heard were violent during that event, but did not note any items thrown. Furthermore, McGivern could not explain why he had significantly changed his account between his witness statement and his cross-examination in court, which reduced the weight that could be given to his statements. Due to this and other evidence, the court ruled that in addition to Depp assaulting Heard on this occasion, Heard had attacked Depp in defense of her sister, as she had stated previously in her witness statements. NGN's version of the incident was therefore found to be more credible.

The court also ruled in NGN's favor on incident #10, but did not do so for incident #11, because Depp had not been cross-examined on it. For incident #12, the court found that the evidence was in favor of NGN. When cross-examined about the incident, Depp admitted that he had headbutted Heard, but claimed it had been an accident, which contradicted an earlier statement he had made on tape in 2016. Other evidence supporting Heard's version of the events were photographs of her injuries taken on the day of the assault, her consultations with three nurses on her injuries, as well as her contemporaneous communications with her publicist, agent and therapist. Statements given by her friends Raquel Pennington and Melanie Inglessis on witnessing her injuries on the day of the assault were also found to be credible. Inglessis was Heard's make-up artist for The Late Late Show, which took place the day after the incident, and testified that she had hidden the injuries to Heard's face with make-up, and that stylist Samantha McMillen did not see Heard before that. Depp's claim of Heard being the assaulter and having staged the incident to look like she had been the one attacked was not found to be credible. As evidence of having been attacked, Depp used a photograph taken by his staff member Sean Bett, but the court did not find it to show injuries claimed, other than a minor scratch.

For incident #13, the court ruled in favor of NGN. Depp claimed that he Heard had hit him, with his bodyguard Sean Bett claiming to have seen Depp's injuries afterwards. However, metadata of the photograph that Bett claimed was taken of injuries to Depp's face immediately after the incident showed that it originated instead from the March 2015 incident, during which Heard had herself admitted to using violence in defense of her sister. Bett could not provide an explanation for this discrepancy, which reduced the weight of his statement. Heard's account was found to be supported by several credible contemporaneous witness statements and photographs. The statements made by the LAPD officers who attended the scene were not found to be unambiguous, and the officers had significantly overestimated the time they spent on the scene, with the timestamps on the building's CCTV system demonstrating that they spent only 15 minutes there, instead of the about 30-60 minutes claimed by Officer Saenz. The court also found that the statements given by Depp's staff were not as credible given their reliance on him for employment, and that it was most likely that the building staff had not seen injuries on Heard as she wore make-up when out in public.