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The Case That Captivated Tik Tok- Depp v Heard Defamation Trial

This article is written by a student writer from the Her Campus at CWU chapter.

If you have been on any form of social media lately, then you have heard of the trial that is shaking up the nation. While most trials do receive enormous amounts of attention this one, in particular, has been live-streamed on every platform imaginable. TikTok has been a huge contributor to showing viewers the ins and outs of the case, especially with the account Law & Crime Network. They have been live-streaming the entire six-week trial while also providing their own commentary on the case and answering media questions.

I, like most of you, will have to figure out what to do with my life after this trial is over. When I wake up, I start the live stream and it stays on until I have to enter the doors for class. Even then (please don’t tell me professors) I follow along with live updates while my professor is giving a lecture… oops.

This case has been a complete whirlwind and while I will be explaining the case to you all, I will not give my opinion on it as this is a hard subject.

*WARNING: This article will also discuss domestic violence and possible graphic details so please keep that in mind.*

The case

The reason this case is currently in motion is that Johnny Depp filed a lawsuit against Amber Heard over an op-ed she wrote in The Washington Post in 2018. {Op-ed (noun): denoting or printed on the page opposite the editorial page in a newspaper, devoted to commentary, featured articles, etc.} In this op-ed, Heard wrote, “…(I am) a public figure representing domestic abuse, and I feel the full force of our culture’s wrath for women who speak out.” After opening up about her previous + current experiences with domestic violence, she mentioned that her friends had warned her that becoming a public figure for this could result in her becoming “blacklisted” and in her own words, she was.

“I had the rare vantage point of seeing, in real-time, how institutions protect men of abuse.” Heard recalls how the trauma followed her, “I felt as though I was on trial in the court of public opinion- and my life and livelihood depended on myriad judgments far beyond my control.”

So why did this affect Depp as he was never mentioned in the op-ed? Two years prior to this statement in the Washington Post, Heard had filed for divorce and a temporary restraining order against Depp. The restraining order was requested after Heard mentioned in a sworn declaration that Depp “threw her cellphone at her during a fight Saturday, striking her cheek and eye.” She also mentioned that when Depp was intoxicated he would repeatedly hit her and yell at her. The restraining order was granted and she also received a 7 million dollar settlement from the divorce. Because of these allegations and the restraining order, Depp’s career has pretty much been on the back burner as he had been dropped from films like Pirates and Fantastic Beasts. After the op-ed was published Depp began his trek to sue Heard for 50 million claiming that the material in the statements even though they did not mention his name, was false. Heard then is counter suing Depp for 100 million due to Depp’s team claiming she lied in her reports.

Terminology

Before I continue with this case, here is a glossary of terms used frequently in the courtroom.

SOURCE: https://www.cooperandfriedman.com/courtroom-terminology-everyone-should-know/

Deposition: A deposition is the testimony of a witness other than in open court—often in the form of an oral statement made before an officer who is authorized to administer oaths.

Affidavit: A term you’ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.

Redirect: When a lawyer questions his or her own witness, it’s called a direct examination—after which, the opposing side has the opportunity to cross-examine the witness. Redirect examination refers to further questioning of a witness that can take place after cross-examination.

Sustained: The term “sustained” is what a judge says when they agree with an objection. A sustained objection requires that the attorney doing the examination must rephrase their question or the witness being examined must restate their answer.

Hearsay: is defined as an out-of-court statement, made in court, to prove the truth of the matter asserted.

Relevance: the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not.

Testimony

When Depp was asked about his feelings and emotions on the allegations made against him by Heard he says that it was “ridiculous, humiliating, cruel and above all, false.” While Depp has a long history of drug and alcohol abuse as stated by Heard’s defense team, Depp says that he never in his life has committed sexual battery or physical abuse.

One of the remarks made by Heard was that Depp had pushed model Kate Moss down the stairs during their relationship in the 90s. This was an alleged rumor but the reason she brought it up was in relation to an incident she claims occurred on the staircase with her, Depp and her sister Whitney.

“I just in my head instantly think of Kate Moss and stairs,” said Heard.

Moss came to the witness stand as a rebuttal witness and denied these claims.

Heard was then questioned by Depp’s team about the photographs paparazzi had taken of her without the bruises she had days prior. She returned with the comment that she would wear makeup each day and when she was photographed with the bruising, it was a day she forgot to wear it.

Depp also brought to the stand numerous times where Heard would initiate the violence. There was an instance when she threw a wine bottle at him and when it broke, it severed part of his finger. He also mentioned that she punched him in the face, and on record, she stated, “I was hitting you… I didn’t punch you”.

The testimony continued for weeks and it felt like there was no light at the end of the tunnel. Sides were formed by fans and viewers around the world about who was in the right and who was in the wrong. If there was one thing everyone could agree on, it was that these two were toxic together.

The verdict

On Wednesday, June 1st, at 3:00 p.m. (the day I am writing this article) a verdict was finally reached by the jury. The 7 people jury granted that Depp won his case and granted him 15 million dollars in damages. He was awarded 10 million in compensatory damages (designed to compensate plaintiffs for the actual losses they’ve experienced) and 5 million in punitive damages (awarded in addition to actual damages in certain circumstances).

This case was full of emotions that not only swept the courtroom but also the world.

If you or anyone you know is struggling with a domestic violence situation please reach out and encourage them to reach out to your local police department and their DV unit. You are not alone, and your voice deserves to be heard.

Creative and Professional Writing Aspiring author and publisher Gemini Slytherin house