Judge rejects Amber Heard’s request to set aside Depp win

Jul 12, 2022, 10:03 PM | Updated: Jul 14, 2022, 12:22 pm

FALLS CHURCH, Va. (AP) — A Virginia judge on Wednesday rejected an effort by actress Amber Heard to set aside the $10 million judgment awarded against her in favor of her ex-husband, Johnny Depp.

Depp won a defamation suit against Heard last month in a high-profile civil trial. Heard won a smaller, $2 million judgement on a counterclaim she filed against Depp.

Earlier this month, Heard filed a motion seeking to have Depp’s verdict set aside, or have a mistrial declared. Her lawyers cited multiple factors, including an apparent case of mistaken identity with one of the jurors.

In a written order, Judge Penney Azcarate rejected all of Heard’s claims and said the juror issue specifically was irrelevant and that Heard can’t show she was prejudiced.

“The juror was vetted, sat for the entire jury, deliberated, and reached a verdict. The only evidence before this Court is that this juror and all jurors followed their oaths, the Court’s instructions, and orders. This Court is bound by the competent decision of the jury,” Azcarate wrote.

Depp sued for $50 million in Fairfax County after Heard wrote a 2018 op-ed piece in The Washington Post about domestic violence in which she referred to herself as “a public figure representing domestic abuse.” The article never mentioned Depp by name, but his lawyers said several passages in the article defamed him by implication by referring to highly publicized abuse allegations she made in 2016 as she filed for divorce.

Heard then filed a $100 million counterclaim, also for defamation. By the time the case went to trial, her counterclaim had been whittled down to a few statements made by one of Depp’s lawyers, who called Heard’s abuse allegations a hoax.

The jury awarded $15 million to Depp and $2 million to Heard on her counterclaim. The $15 million judgment was reduced to $10.35 million because Virginia law caps punitive damages at $350,000.

The judge did not spell out rationale for rejecting Heard’s other claims in Wednesday’s order.

Among other things, Heard argued that the $10 million verdict is unsupported by the facts, and seems to demonstrate that jurors failed to focus on the fallout from the 2018 op-ed piece — as they were supposed to do — and instead just looked broadly at the damage Depp’s reputation suffered as a result of the alleged abuse.

Heard’s lawyers also argued argue that the verdicts for Depp on one hand and Heard on the other are fundamentally nonsensical.

“The jury’s dueling verdicts are inconsistent and irreconcilable,” her lawyers, Elaine Bredehoft and Benjamin Rottenborn, wrote.

Heard’s lawyers also challenged the verdict on the basis that one of the seven jurors who decided the case was never summoned for jury duty. According to court papers, a 77-year-old county resident received a jury summons. But the man’s son, who has the same name and lives at the same address, responded to the summons and served in his stead.

Heard’s lawyers argued that Virginia law is strict about juror identities, and the case of mistaken identity is grounds for a mistrial. They presented no evidence that the 52-year-old son, identified in court papers only as Juror #15, purposefully or insidiously sought to replace his father, but they argue that possibility should not be discounted.

“The Court cannot assume, as Mr. Depp asks it to, that Juror 15’s apparently improper service was an innocent mistake. It could have been an intentional attempt to serve on the jury of a high-profile case,” Heard’s lawyers wrote.

Heard still has the ability to appeal the verdict to the Virginia Court of Appeals. The issues presented to the appellate court could well be different from the issues Azcarate rejected Wednesday.

In a separate order, the judge ordered that dozens of court documents be unsealed, including motions seeking to compel independent medical examinations of both Depp and Heard. A handful of documents will remain sealed, mostly because they contain personal contact information or personal medical information.

“In this matter, both litigants sued one another, thereby opening themselves up to the public forum of a jury trial. Court records are public information,” Azcarate wrote.

___

An earlier version of this article incorrectly stated that Depp sued for $25 million and that Heard’s counterclaim sought $50 million. ___

Lavoie reported from Richmond.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/Superior Court of Arizona in Yavapai County)...
Associated Press

Arizona judge has cases reassigned following DUI arrest

The Arizona Supreme Court has ruled that all cases currently assigned to a Yavapai County Superior Court judge recently arrested on suspicion of extreme DUI will be reassigned to other judges.
4 days ago
Haitian migrant Gerson Solay, 28, carries his daughter, Bianca, as he and his family cross into Can...
Associated Press

US, Canada to end loophole that allows asylum-seekers to move between countries

President Joe Biden and Canadian Prime Minister Justin Trudeau on Friday announced a plan to close a loophole to an immigration agreement.
7 days ago
Expert skateboarder Di'Orr Greenwood, an artist born and raised in the Navajo Nation in Arizona and...
Associated Press

Indigenous skateboard art featured on new stamps unveiled at Phoenix skate park

The Postal Service unveiled the “Art of the Skateboard" stamps at a Phoenix skate park, featuring designs from Indigenous artists.
7 days ago
(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
13 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
21 days ago
Mexican army soldiers prepare a search mission for four U.S. citizens kidnapped by gunmen in Matamo...
Associated Press

How the 4 abducted Americans in Mexico were located

The anonymous tip that led Mexican authorities to a remote shack where four abducted Americans were held described armed men and blindfolds.
21 days ago

Sponsored Articles

(Photo: OCD & Anxiety Treatment Center)...

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.
(Photo by Michael Matthey/picture alliance via Getty Images)...
Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.
(Desert Institute for Spine Care photo)...
DESERT INSTITUTE FOR SPINE CARE

Why DISC is world renowned for back and neck pain treatments

Fifty percent of Americans and 90% of people at least 50 years old have some level of degenerative disc disease.
Judge rejects Amber Heard’s request to set aside Depp win