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.
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
Updated: July 09, 2022, 12:59 AM