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Johnny Depp’s Bid to Dismiss Amber Heard Countersuit Denied

TOn Tuesday, the high-profile Johnny Depp and Amber Heard trial was in its sixth and last week. Depp has filed a lawsuit against Amber Heard (his ex-wife) for defamation regarding an incident in Washington 2018. PostShe wrote an op-ed in which she claimed she was subject to domestic abuse.

The day began with Depp’s attorneys asking for Circuit Court Judge Penney Azcarate to dismiss Heard’s countersuit of $100 million that was filed in response to Depp’s lawyer Adam Waldman referring to her accusation as a “hoax.” In response, Heard’s attorneys defended their countersuit claims and Azcarate ruled against the motion to dismiss the countersuit saying, “It is not my role to measure the veracity or weight of the evidence.”

Witnesses called by Depp’s legal team gave testimony on Tuesday. The final arguments will be heard on Friday, May 27, according to Depp’s legal team.

Walter Hamada testifies

Walter Hamada, president of DC Comics based film productions for Warner Brothers, testified in a video deposition on Heard’s role and compensation in the Aquaman series. Heard claimed that her position in the sequel was significantly reduced by the film production company due to the ongoing legal battle she has with Depp. According to Hamada, the idea of reducing Heard’s role in the Aquaman series was considered early on in the script development, contrary to the actor’s claims. Hamada stated that Heard never was intended to become a co-lead for the series. This is in contrast to Jason Mamoa, Patrick Nilson and others who still serve as co leads. Hamada stated that Heard and Mamoa had a lack of on-screen chemistry. But, that the post-production was credited for maintaining their dynamic. “It’s editorial,” he says. “Pick the right takes, the right moments and put scenes together. The music in the scene makes a big difference.”

Dr. David Kulber testifies

Dr. David Kulber, a plastic surgeon who specializes in hand surgery at Cedars Sinai Medical Center, detailed that he treated Depp’s hand injury in 2015. Depp has previously stated that Heard attacked him with a vodka bottle in 2015 and cut his finger. Heard denied this allegation. Kulber said Depp “had a fracture on his finger and soft tissue loss.” Heard’s legal team has also claimed that following his hand injury, Depp exhibited violent behavior while wearing a cast. Kulber appeared to push back against this claim on Tuesday, saying that when he saw Depp shortly after treating his injury that the cast was “uninjured,” or not damaged.

Richard Marks testifies

Richard Marks, an entertainment transactional attorney, testified in response to a statement made earlier in the week by Kathryn Arnold, an entertainment industry expert called to the stand by Heard’s legal team. Arnold said Heard’s potential acting earnings were hurt by Depp’s allegations and that her client, who was earning $200,000 an episode for her role in The Stand After the success of, it was more likely that he would make more. Aquaman. Marks called Arnold’s assessment “wildly speculative” and questioned whether Heard earned that amount for the TV series.

Michael Spindler testifies

Michael Spindler, a forensic accountant for B. Riley Advisory Services, testified that between the time of Heard’s op-ed being published in December 2018 and October 2020, Depp lost a collective $40 million. Spindler stated that Depp was dropped from the market, which contributed to a large part of Spindler’s assessment of economic damages. Pirates of the Caribbean franchise. The prior deal for the sixth film included a $22.5 million pay-day for Depp, according to his talent manager Jack Whigham’s testimony.

Doug Bania testifies

Doug Bania, an intellectual property expert who uses social media analytics to provide expert testimony on the internet’s response, testified for the second time on whether Waldman calling Heard’s allegations a “hoax” created a negative online reaction for Heard. Bania said his research found that 35% of the use of hashtags including #JustiveforJohnnyDepp and #AmberTurd were used prior to Waldman’s published statement. “If these tweets were prior to the Waldman statements, in no way could they have anything to do with the Waldman statements,” he testified.

Morgan Night testifies

Morgan Higby Night was the Hicksville trailer park’s owner and testified that Depp, Heard, and their friends got into an argument at the trailer. Heard stated that Depp became aggressive because of Heard’s jealousy. Night said he didn’t see Depp become violent, but listened to Heard shout at Depp. In a cross examination, Heard’s attorney Elaine Bredehoft questioned Night on whether he was a fan of Depp, referencing a Depp fan account on Twitter he follows and an earlier tweet in April from Night that mentioned, “I was with them all night. Amber was the one acting all jealous and crazy.” Night admitted to the tweet, but said he wasn’t a fan of Depp.

Richard Shaw, Dr.

Richard Shaw, a Stanford psychiatrist and forensic psychiatrist took to the stand. Shaw refuted Dr. David Spiegel’s claims that Depp has narcissistic traits. Shaw said that since Spiegel hadn’t personally examined Depp, his assessment did not follow The American Psychiatric Association’s Goldwater rule that states “it is unethical for a psychiatrist to offer a professional opinion unless he or she has conducted an examination and has been granted proper authorization for such a statement.” Shaw determined Spiegel’s assessment should be deemed insufficient.

Ahead of closing arguments, Kate Moss, a British model and ex-partner of Depp’s, is set to testify on Wednesday.

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Send an email to Mariah Espada at mariah.espada@time.com.

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