Johnny Depp verdict could be overturned after shocking new discovery

Amber Heard's lawyers argue for mistrial in a filing that says wrong juror was seated

The fate of actors Johnny Depp and Amber Heard is now in the hands of jurors. AP

Heard's lawyer Benjamin Rottenborn told jurors in closing arguments that if they believe Depp abused his ex-wife, physically or mentally, 'Amber wins'. AP

Depp on a break in between closing arguments. Getty Images / AFP

Depp breaks during closing arguments in the defamation trial he brought against his ex-wife. Getty Images / AFP

Depp takes a break with Beechy Colclough. Getty Images / AFP

Depp waves to screaming fans on a break. Getty Images / AFP

Throngs of Depp's fans have gathered outside the Fairfax County Courthouse throughout the six-week trial. Getty Images / AFP

One morning, Depp said that he would make all his fans pancakes for breakfast. Getty Images / AFP

Heard’s lawyer Benjamin Rottenborn encouraged jurors to read her 'Washington Post' op-ed again. AFP

Heard speaks with her legal team in the courtroom. AFP

Depp leaves the courtroom during a break. AFP

Depp's lawyer Benjamin Chew gives closing arguments. AFP

Spectators listen to Mr Chew give his closing arguments. EPA

For six weeks, the gallery has been packed with Depp fans. EPA

Depp listens as his lawyer gives closing arguments. Reuters

Depp's lawyer Camille Vasquez gives closing arguments. AFP

Heard leaves during a break in the trial. AFP

Heard’s lawyer Elaine Bredehoft speaks during closing arguments. AFP

Heard speaks with her legal team. AFP

Depp smirked and raised his eyebrows through much of the closing arguments. Reuters

In a surprising turn of events, actor Amber Heard’s lead lawyer Elaine Bredehoft filed a supplement to a post-trial motion requesting a mistrial in the months-long Depp v Heard case, The National can exclusively confirm.

Last month, a jury found both Heard and Depp liable for defamation in opposing lawsuits, but awarded Depp $15 million in damages and a mere $2m for Heard.

Heard’s legal team, as expected, immediately filed an appeal — but now may have even more of a leg to stand on as the validity of one of the jurors has been brought into question.

Amber Heard said last month that she stands by 'every word' of her testimony in her defamation trial, in which she was sued by former husband Johnny Depp. AFP

NBC journalist Savannah Guthrie interviewed Heard in June following the trial's conclusion. She revealed how her husband Michael Feldman consulted with Depp's legal team. Photo: NBC News

Heard says she doesn’t blame the jury for awarding Depp more than $15 million after a contentious six-week libel trial — it was later reduced to $10m. AP

Heard reacts with her lawyer Elaine Bredehoft after the verdict was read at the Fairfax County Circuit Courthouse, Virginia, US, in June. AP

Depp was in Newcastle, England, with musician Jeff Beck when the verdict was read. AP

Heard leaves after the jury's verdict. EPA

Heard and Depp prior to their wedding. The marriage lasted less than two years. AP

Heard in a scene from 'London Fields'. Photo: GVN Releasing

After losing his lawsuit against British tabloid 'The Sun', Depp said he planned to appeal the UK libel ruling, but then decided to sue his ex-wife in the US. AP

Heard speaking at the 4th Annual Women's March LA: Women Rising in Los Angeles in January 2020. Getty Images / AFP

Heard leaving the High Court in London in July 2020. Reuters

A video of Depp plays on a screen before Paul McCartney's performance on the Pyramid Stage at Glastonbury Festival in June. EPA

After speaking out about domestic abuse, Amber Heard feared she would lose her roles in the movies 'Justice League' and 'Aquaman', the latter of which she starred in opposite Jason Momoa. Photo: DC Entertainment

Depp gestures as he arrives at the Parco della Musica venue for the 19th edition of "Alice nella Citta" in Rome, Italy. AFP

Heard wearing an outfit from Monique Lhuillier at the Golden Globes in 2019. Reuters

Heard arrives on the red carpet for a Golden Globes ceremony. AFP

Heard watches the men's semi-final match at Wimbledon in 2018. EPA

Since the trial, Depp has been playing guitar on stage in front of fans. AP

Heard at the Film Independent Spirit Awards in Santa Monica, California, in 2020. Reuters

Heard attends the Manus x Machina: Fashion In An Age Of Technology Costume Institute Gala at Metropolitan Museum of Art in New York in 2016. Getty Images

Heard wears a creation for the L'Oreal Spring/Summer 2022 fashion show presented in Paris, France, in 2021. AP

Aishwarya Rai Bachchan, Helen Mirren and Heard in Paris, France. AP

After Depp filed a lawsuit against her, Heard testified she lost her contract with L'Oreal. AFP

Depp inside the courtroom in April at the beginning of the trial. AP

Heard is styled backstage during Paris Fashion Week in 2021. Getty Images

Depp performs on stage at the Helsinki Blues Festival in June. EPA

British rock guitarist Jeff Beck and Depp perform on stage at the Helsinki Blues Festival. EPA

Depp waves to supporters as he departs the Fairfax County Courthouse after closing arguments. He never returned for the reading of the verdict. AP

Depp received the Gold Medal of Merit on the occasion of Serbia's Statehood Day in Belgrade, Serbia, in February. Reuters

Depp and Heard's former penthouse sits on top of Downtown Los Angeles’s famed Eastern Columbia Building and was recently put up for sale. Photo: Douglas Elliman Realty

There is a saltwater pool on the rooftop. Photo: Douglas Elliman Realty

There is an additional lounge area on the staircase landing. Photo: Douglas Elliman Realty

The apartment measures 1,780 square feet. Photo: Douglas Elliman Realty

The penthouse apartment has one bedroom. Photo: Douglas Elliman Realty

The kitchen and lounge area. Photo: Douglas Elliman Realty

According to Ms Bredehoft’s latest filing, first reported by online outlet Deadline, they contest that the actual seated juror was not the same person listed on the jury panel. In April, one jury summons was sent to a Virginia address, but someone else at the residence having the same last name appeared before the court, Heard’s lawyer argues. The juror seated for the trial was born in 1945 and another legal resident at that address was born in 1970.

“In this case, it appears that Juror No 15 was not, in fact, the same individual as listed on the jury panel…… the 52-year-old [redacted] sitting on the jury for six weeks was never summoned for jury duty on April 11 and did not ‘appear in the list,’ as required,” Ms Bredehoft’s filing reads.

“Ms Heard’s due process was therefore compromised. Under these circumstances, a mistrial should be declared, and a new trial ordered.”

The filing further asserts that none of the court officers or clerks noticed that a 52-year-old was not 77 years of age nor did they ask for identification.

Depp filed the $50m suit against his ex-wife after The Washington Post published an op-ed by the Aquaman star in which she describes herself as a “public figure representing domestic abuse”.

This photo was taken at the Los Angeles courthouse the day Heard filed her domestic violence restraining order against Johnny Depp. AP

Evidence showing pictures of injuries to Heard appear on a screen. EPA

Actor Johnny Depp is seen laying in a hospital after his finger was injured while he and his ex-wife Amber Heard were in Australia in March 2015. Photo: Johnny Depp Legal Team / Reuters

Evidence presented by US actress Amber Heard showing a bald spot in her head. AFP

Evidence showing US actress Amber Heard's hair she testified was pulled out by her ex-husband Johnny Depp. AFP

Evidence showing pictures of US actress Amber Heard's injuries presented in court. AFP

Evidence showing pictures of US actress Amber Heard appear on a screen during a defamation trial. AFP

More evidence showing pictures of US actress Amber Heard. AFP

Johnny Depp reportedly wrote messages in his own blood to his former wife Amber Heard. EPA

Pictures of shattered glass presented as evidence by Amber Heard's defence team. EPA

Photo presented as evidence by Amber Heard's defence team. EPA

This is a photo of the ping pong table where Amber Heard testified she was sexually assaulted by her former husband Johnny Depp. EPA

Johnny Depp's scribblings presented as evidence by Amber Heard's defence team. EPA

Evidence appears on a monitor during the Depp vs Heard defamation trial. EPA

Evidence appears on a monitor during the Depp vs Heard defamation trial.

A photo of Johnny Depp that Amber Heard says she took of him whilst he was passed out. EPA

Communications presented as evidence by Amber Heard's defence team. EPA

Evidence appears on a monitor in the courtroom during the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court in Fairfax, Virginia, EPA

More evidence was shared in the courtroom in the US actor Johnny Depp/Amber Heard trial. EPA

Johnny Depp's emails were submitted as evidence in today's trial. EPA

An image taken by US actress Amber Heard of her former husband, Johnny Depp, passed out was submitted as trial evidence. EPA

Johnny Depp testified that these pictures were taken during the period when he had 'fallen off the wagon'. EPA

Evidence shown in today's proceedings. When asked if he would often drink whisky in the morning, Mr Depp replied: “Isn’t happy hour anytime?”

US actress Amber Heard reacts as she listens to an audio recording of she and US actor Johhny Depp arguing. AFP

US actor Johnny Depp testifies during the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court in Fairfax, Virginia. EPA

US actress Amber Heard during the trial at the Fairfax County Circuit Court in Fairfax, Virginia. EPA

Images of Amber Heard admitted as evidence. AP

Images of Amber Heard admitted as evidence. AP

Images of Amber Heard admitted as evidence. AP

Heard has countersued for $100m, arguing that Depp smeared her by calling her a liar. She has also said that she, too, has lost work, including a cosmetics campaign and other acting roles, due to public vitriol over her accusations of abuse.

He reportedly chose to file in Fairfax County, Virginia because that is where the paper’s servers are located as opposed to Los Angeles County, California, where they both reside full-time.

Depp lost a similar libel case against the Sun, a British paper that wrote he was a "wife beater", which you can read about here. A London High Court judge ruled that he had repeatedly assaulted Heard – but Judge Penney Azcarate refused the defence to enter the verdict into evidence and in another questionable move, allowed cameras in the courtroom, rare in domestic abuse trials.

All could be grounds for a successful appeal.

Depp's representatives could not be reached for comment on Friday’s filing.

'Jealous, controlling, drunk' Johnny Depp's ship was already sinking

Johnny Depp performs with his band, Hollywood Vampires, at Hessentags-Arena in 2016 during the 56th Hessentag in Herborn, Germany. Getty Images

Depp attends the 'La Hija / The Daughter' premiere during last year's 69th San Sebastian Film Festival in San Sebastian, Spain. Getty Images

Depp poses for photographers with his girlfriend, Vanessa Paradis, in 1999 after he was honoured with the 2,149th star on the Hollywood Walk of Fame in Hollywood, California. Photo: Online USA / Newsmakers

Depp attends the Tokyo premiere of 'Pirates of the Caribbean: Dead Man's Chest' on July 10, 2006. Getty Images

American author and journalist Hunter S Thompson and Depp attend a book party at the Players Club in New York in 1997. Getty Images

Depp travels to Belgrade, Serbia, to meet Serbian President Aleksandar Vucic in 2021. Getty Images

Depp attends the 'Crock of Gold: A Few Rounds With Shane Macgowan' premiere during the 68th San Sebastian International Film Festival in San Sebastian, Spain. Getty Images

Depp and actress Winona Ryder attend the 48th Annual Golden Globe Awards on January 19, 1991, at the Beverly Hilton Hotel in Beverly Hills, California. Ron Galella Collection / Getty Images

Depp, Benicio Del Toro and model Kate Moss attend a screening of 'Fear and Loathing in Las Vegas' at the 51st Cannes film festival in 1998. AFP

Depp at the 'Alice In Wonderland' Tokyo premiere at Ebisu Garden Place. Getty Images

Depp lost his 2020 libel case in the UK against News Group Newspapers, publishers of 'The Sun', which called him a 'wife beater'. Getty Images

Depp attends the 'Minamata' photo call during the 70th Berlinale International Film Festival at the Grand Hyatt Hotel in Berlin, Germany in 2020. Getty Images

Depp attends the 'Crock of Gold: A few Rounds with Shane McGowan' premiere in Zurich, Switzerland in 2020. Getty Images