Person Benjamin Chew Depp v. Heard← All People
Plaintiff's Team · Brown Rudnick

Benjamin Chew

Courtroom still of Benjamin Chew.

Johnny Depp’s attorney in the defamation trial against Amber Heard.

2022 Defamation Trial Apr 11 – Jun 1, 2022
2,646 lines 57 proceedings 20 highlights

About

Chew represented Johnny Depp in his defamation case against Amber Heard. In opening argument, he identified three statements from Heard’s 2018 Washington Post op-ed that Depp alleged were defamatory. He later questioned witnesses about the parties’ accounts of violence, Heard’s charitable pledge and Depp’s claimed career losses.

Chew questioned couples therapist Laurel Anderson about notes recording Heard’s reports that she had initiated physical confrontations. Anderson characterized the relationship as mutually abusive and said she had not witnessed violence herself. Chew also questioned ACLU executive Terence Dougherty, who testified that the organization had received $1.3 million from multiple sources toward Heard’s $3.5 million pledge and that ACLU staff prepared the op-ed’s first draft.

On Depp’s claimed career losses, Chew questioned agent Jack Whigham about a reported $22.5 million agreement for a sixth Pirates film. Heard’s counsel challenged the absence of a written contract and Whigham’s earlier account of when the deal faltered. On redirect, Chew elicited Whigham’s explanation that franchise paperwork can follow a verbal agreement and that Disney had not formally ruled Depp out when the op-ed appeared. Chew also questioned Kate Moss, who testified remotely that she slipped on wet stairs and denied that Depp pushed, kicked or threw her down them.

Chew opposed Heard’s motions to strike Depp’s claims and addressed the op-ed’s alleged defamatory implication, claimed damages and verdict form in closing argument. He also argued that attorney Adam Waldman was an independent contractor when Depp sought to strike Heard’s counterclaims; the judge denied that motion, finding sufficient evidence for the jury to consider agency and malice.

Trial Record (57)

57 proceedings

2022 Defamation Trial Apr 11, 2022 – Jun 1, 2022 57 proceedings

Day 0

Jury Selection Jury Selection 44
Summary

Jury selection before Judge Azcarate: hardship excusals, individual voir dire on pretrial publicity, and attorney questioning of the 21-person panel.

Day 1

Opening Opening Statement — Plaintiff's Case Benjamin Chew 3 39
Summary

Benjamin Chew and Camille Vasquez outline Depp's theory that Heard fabricated abuse allegations to control him and advance her career, causing irreparable harm to his reputation.

Highlights (3)

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Day 11

Direct Direct Examination of Terence Dougherty Terence Dougherty Benjamin Chew 1 473
Summary

ACLU COO confirms Heard paid $1.3M of a pledged $3.5M donation, and that ACLU staff drafted the 2018 Washington Post op-ed, timing its release to coincide with Aquaman.

Highlights (1)
Quote

“Wondering if we might interest you in a piece by Amber Heard (who, as you may recall, was beaten up during her brief marriage to Johnny Depp) on what the incoming Congress can do to help protect women in similar situations.”

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Day 12

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Day 18

Redirect Redirect Examination of Josh Drew Josh Drew Benjamin Chew 2 3
Summary

Chew pressed Drew on an inconsistency: the dogs were too small to climb stairs, yet one could jump on the bed. Drew clarified one dog had both abilities, the other had neither.

Highlights (2)

Day 19

Day 21

Colloquy Defense Rests; Motion to Strike Counterclaims Denied 1 55
Summary

Defense rests; judge denies Depp's motion to strike Heard's counterclaims; sidebar resolves disputes over six late-identified rebuttal witnesses before jury enters.

Highlights (1)
Quote

“Mr. Depp hereby moves to strike defendant, Amber Heard's counterclaims because Ms. Heard has not proven by clear and convincing evidence that Mr. Waldman made the three allegedly defamatory statements with actual malice.”

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Day 22

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Day 26

Evidence From Their Proceedings (24)

Documents Admitted

Heard Washington Post Op-Ed (Dec 18, 2018)

Amber Heard's opinion piece titled 'I spoke up against sexual violence and faced our culture's wrath. This has to change.' published in the Washington Post on December 18, 2018,…

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Documents Unclear

CAD Summary / Incident Recall — May 21, 2016 Penthouse Call

The Computer-Aided Dispatch (CAD) summary and incident recall for the May 21, 2016 call to 849 S. Broadway, coded 242D (battery/DV), recording the call timeline (initiation 8:35…

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Documents Unclear

Heard's Aquaman Option Contract with Warner Bros.

Amber Heard's test option agreement with Warner Brothers for the role of Mera in the Aquaman franchise, establishing a tiered salary structure across multiple pictures, identified…

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Photographs Admitted

Plaintiff's Ex. 144 — ER Photo, Depp's Severed Fingertip (Australia)

Graphic emergency room photograph of Johnny Depp's severed right middle finger sustained during the Australia incident. The photograph provides a clear profile of the injured…

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Documents Admitted

ACLU Acknowledgment Letter to Heard with Unsigned Pledge Form

Romero's September 9, 2016 ACLU acknowledgment letter to Amber Heard, enclosing an unsigned pledge form and payment schedule. The document was admitted subject to redaction of a…

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Documents Admitted

Anderson Couples Therapy Session Notes (Plaintiff's Ex. 2)

Seventeen-page redacted session notes (Bates 1–17) prepared contemporaneously by couples therapist Laurel Anderson during sessions with Depp and Heard, color-coded and…

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Documents Unclear

Daily Mail — Waldman 'Ambush, a Hoax' Statement (July 2020)

A Daily Mail Online article dated July 3, 2020, quoting Waldman's statement characterizing the May 2016 penthouse incident as an 'ambush' and a 'hoax,' and alleging Heard staged…

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Photographs Unclear

December 2015 Heard Injury Photos — Anderson Recollection

Photographs of Heard's facial bruising, including bruising around the eyes, shown to couples therapist Laurel Anderson by Heard around the time of the December 15, 2015 incident.…

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Video Unclear

ECB Elevator Mezzanine: Whitney Henriquez Fake-Punch Clip

Eastern Columbia Building security footage showing Whitney Henriquez appearing to throw a fake punch toward Amber Heard in the elevator mezzanine area during the week of May 21,…

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Documents Admitted

Fidelity Charitable — $350K Anonymous Donation, Dec. 11, 2018

ACLU and Fidelity Charitable records documenting a $350,000 donation received on December 11, 2018, designated as anonymous but recorded as a donation from Amber Heard, sourced…

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Photographs Unclear

Heard Injury Photos — Opening Preview

Opening statement previews of Heard injury photographs, with the plaintiff's preview challenging forensic authenticity by noting non-original files in an editing program, and the…

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Digital Communications Excluded

Jack Sparrow Removal Email Chain (Dec 20 2018)

An email chain dated December 20, 2018, with the subject 'Johnny Depp's Jack Sparrow Won't Return,' in which Depp's publicist Robin Braun forwarded a movieweb.com article about…

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Documents Admitted

ACLU Donation Records Bundle (Exhibit 67)

A bundle of ACLU donation records including a JPMorgan wire record, a Vanguard grant letter, Fidelity records, and Salesforce screenshots, providing a comprehensive accounting of…

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Documents Admitted

ACLU Email Chain — Depp's $100K Check and Musk Introduction (Ex. 10)

An email chain among ACLU personnel Romero, Villagra, and Wier regarding Depp's $100,000 check and Elon Musk's role in first introducing Heard as a prospective donor to Romero.

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Documents Admitted

ACLU Internal Emails on Op-Ed Placement (Exhibit 42)

ACLU internal email chain concerning placement of Heard's op-ed, including a pitch from ACLU staffer Stacy Sullivan to Washington Post editors describing Heard as having been…

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Documents Admitted

ACLU Internal Emails re: Reuters Fact-Check, July 2020 (Ex. 61)

Internal ACLU emails from July 2020 responding to a Reuters fact-check inquiry, including a statement by Weitz that Heard had donated her full settlement to charity.

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Documents Unclear

Anderson Treatment Summary (Plaintiff's Ex. 6)

Treatment summary that Laurel Anderson prepared when first subpoenaed, synthesizing her clinical notes and conceptual impressions of the Depp–Heard relationship.

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Documents Unclear

Carino–Anderson Initial Contact Document (Plaintiff's Ex. 1)

Document showing Christian Carino's initial contact with therapist Laurel Anderson and Heard's message requesting how to reach her.

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Documents Unclear

Depp Exhibit 5 — Jacobs 'Good News' Financing Doc

Depp Exhibit 5 — a financial document containing Jacobs's notation 'this is good news,' relating to a Bank of America loan secured for Depp.

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Documents Unclear

Document re Heard's Separate Therapist (Plaintiff's Ex. 3)

Document, previously marked as Anderson Exhibit 6, relating to Heard's reference during couples therapy to her own separate therapist.

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Documents Unclear

Email to Whigham Two Days After Op-Ed (Dec 2018)

Email shown to Jack Whigham on cross-examination, dated two days after the December 2018 op-ed, and referenced again on redirect.

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Documents Admitted

Heard Email Authorizing ACLU to Cash Depp's $100K Check (Ex. 12)

An email from Amber Heard to Romero authorizing the ACLU to cash Depp's $100,000 check and credit it toward her pledge.

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Digital Communications Unclear

Heard–Pennington Text Timestamped 8:06 p.m. (May 21 2016)

A text message from Amber Heard to Raquel Pennington timestamped 8:06 p.m. on May 21, 2016.

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Documents Unclear

Police Officer Observations — No Injuries Seen, May 21, 2016

A reference to police officer testimony establishing that the officers who responded to the May 21, 2016 call observed no injuries on Amber Heard.

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