Johnny Depp-Amber Heard trial: libel case against actor's ex-wife begins

Depp's lawyer said Heard chose 'to lie about her husband for her own personal benefit'

Lawyers for American actor Johnny Depp on Tuesday gave a jury an overview of the defamation case against his ex-wife Amber Heard, the latest chapter in a long-running legal fight between the previous Hollywood “it” couple.

Opening statements kicked off in a Virginia courtroom in a lawsuit Depp, 58, brought against Heard, 35, for $50 million in 2018.

Depp alleges Heard defamed him when she wrote a December 2018 opinion piece in The Washington Post about being a survivor of domestic abuse.

The article never mentioned Depp by name, but his lawyer, Benjamin Chew, told jurors on Tuesday that it was clear Heard was referencing the Hollywood leading man.

Mr Chew told jurors Heard published the piece on the eve of the release of Aquaman, her biggest film yet, to drum up publicity and advance her career.

“By choosing to lie about her husband for her own personal benefit, Amber Heard forever changed Mr Depp's life and his reputation,” Mr Chew said. “You will hear him tell you the dreadful impact it has had on his life.”

Heard's piece in the Post “devastated” Depp's career, Mr Chew said.

“Hollywood studios don't want to deal with the public backlash from hiring someone accused of abuse — even someone with the incredible body of work and record that Mr Depp can be proud of,” Mr Chew said.

Benjamin Rottenborn, a lawyer for Heard, said in his opening statement that Depp was trying to mislead the jury with “crazy conspiracy theories".

Mr Rottenborn said Heard was telling the truth about “horrific” abuse she endured, but the case is really about a narrow legal question: whether Heard's opinion piece was free speech protected by the US Constitution's First Amendment.

• 

  A mutual friend said that Johnny Depp and his wife Amber Heard were very in love yet often 'vicious' towards one another.

• 

  Johnny Depp leaves court after jury selection in his $50 million defamation lawsuit against former wife Heard. EPA

• 

  US actress Amber Heard leaves the Fairfax County Circuit Court in Virginia on April 11. AFP

• 

  Depp filed a defamation lawsuit against Amber Heard, after she wrote an opinion piece in 'The Washington Post' in 2018 that, without naming him, accused him of domestic abuse. Reuters

• 

  Jury selection began on April 11 in the defamation case involving allegations of spousal abuse between Depp and Heard. AFP

• 

  Depp fan David Laman holds a poster outside the Fairfax County Circuit Courthouse as jury selection progressed. Reuters

• 

  Tiffany Lunn, a supporter of Depp, outside the court in Fairfax, Virginia. AP

• 

  Johnny Depp fans at the courthouse. AP

• 

  The defamation case brought by Depp against former wife Heard is expected to last between five and six week. Reuters

• 

  Depp leaves the High Court in London, England, on July 22, 2020, during the libel case there. Reuters

• 

  Heard arrives at the High Court in London. Reuters

• 

  Depp and Heard at the 72nd Venice Film Festival in northern Italy, 2015. Reuters

“That is the question and that is what you are being asked to decide,” Mr Rottenborn told jurors.

“Mr Depp's team is going to try to turn this case into a soap opera,” he added.

“Why? I'm not really sure, because the evidence isn't pretty for Mr Depp.”

Another of Heard's lawyers, Elaine Bredehoft, said that during a trip to Australia in 2015, Depp dragged Heard across the floor, punched her, kicked her and then “penetrated her with a liquor bottle".

Depp shook his head “no” in the courtroom when Ms Bredehoft made the statement to jurors.

A state court judge in Fairfax County, Virginia, is overseeing the trial, which is expected to last six weeks. A jury was selected on Monday.

Less than two years ago, Depp lost a libel case against The Sun, a British tabloid that labelled him a “wife beater”. A London High Court judge ruled he had repeatedly assaulted Heard and put her in fear for her life.

In the US case, Depp and Heard both submitted long lists of potential witnesses they could put on the stand.

Heard’s list includes her ex-boyfriend and Tesla Chief Executive Elon Musk, with whom she texted about Depp. Also on the list of potential witnesses is actor James Franco.

The Washington Post is not named as one of the accused in the case. Depp’s lawyers have said they filed the case in Fairfax County, outside the District of Columbia, because the newspaper is printed at a facility there. Heard unsuccessfully tried to transfer the case to Los Angeles, where she and Depp lived.

The US is a difficult forum for libel plaintiffs, especially public figures like Depp, who faces several hurdles in the Virginia case. Depp must prove by clear and convincing evidence that Heard knowingly made false claims.

Depp and Heard met while making 2011 film The Rum Diary and married four years later. Heard accused Depp of domestic abuse after filing for divorce in 2016.

She has brought her own libel claim against Depp, saying he smeared her by calling her a liar.

Heard's counterclaim will be decided as part of the trial. She is seeking $100m in damages from Depp, court papers show.

Reuters contributed to this report