Opening Statement — Plaintiff

MR. CHEW: Good morning, Your Honor.

MR. CHEW: Yes, Your Honor. We would just ask for Your Honor to, please, publish our brief demonstrative.

MR. CHEW: It's a white screen right now, so we would ask to publish it now. We tried to have it beforehand. It seemed to work.

MS. VASQUEZ: It's published.

MR. CHEW: Thank you, Your Honor.

MR. CHEW: No, Your Honor.

MR. CHEW: Yes, Your Honor.

MR. CHEW: Good morning.

MR. CHEW: My name is Ben Chew. My colleagues and I, from Brown Rudnick, are truly honored to represent the plaintiff in this case, Johnny Depp.

MR. CHEW: Some of you may recognize Mr. Depp from seeing him portray characters such as Edward Scissorhands or Captain Jack Sparrow from the Pirates of the Caribbean movies. For nearly 30 years, Mr. Depp built a reputation as one of the most talented actors in Hollywood. A respected artist whose name was associated with success at the box office. Today, his name is associated with a lot of false statements uttered by his former wife, the defendant, Amber Heard, that falsely cast Mr. Depp, falsely and unfairly characterize, cast Mr. Depp as a villain, a man who violently abused a woman.

MR. CHEW: This is a defamation case. It's a case about how devastating words can be when they are false and uttered publicly. Under the law, a person who makes a false statement about someone else can be held responsible for the harm that results from that falsehood. That's because words matter. They paint a picture in our mind based on what we have experienced and what we know, or what we think we know. And because of that, words can evoke strong emotions in the listener and cause irreparable harm to a person's reputation. And when, like Mr.

MR. CHEW: Depp, your career depends upon your image and your reputation, or whether movie producers want their films associated with you, that harm can be particularly devastating.

MR. CHEW: This is a case about the impact of Amber Heard's words on Johnny Depp. Specifically, the words that she used in an op-ed published in the Washington Post in December 2018, which is shown on the screens.

MR. CHEW: And the op-ed was published, and this is no accident, the evidence will show, on the eve of her first major acting role in the movie Aquaman. The evidence will show that's no coincidence.

MR. CHEW: The evidence will show the words that Ms. Heard used, which are the subject of Mr. Depp's defamation suit against her, and there are three statements that we respectfully ask each of you to focus on.

MR. CHEW: Statement number 1, "I spoke up against sexual violence and faced our culture's wrath."

MR. CHEW: Statement number 2, "Two years ago, I became a public figure representing domestic abuse. And I want to repeat that because you're going to hear that throughout the case because the timing here is critical. "Two years ago, I became a public figure representing domestic abuse."

MR. CHEW: Statement number 3, "I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse."

MR. CHEW: Ms. Heard did not use Mr. Depp's name in the op-ed. She didn't have to. She didn't have to because the evidence will show that everyone in Hollywood, where Mr. Depp and Ms. Heard both have their careers, and many others outside Hollywood, knew exactly what she was talking about when she used the word "Two years ago, I became a public figure representing domestic abuse." That's because, as the evidence will show, and you will hear, two years earlier, on May 27th, 2016, Ms. Heard had publicly accused Johnny Depp, her husband at the time, of domestic abuse.

MR. CHEW: You will learn during the trial that Ms. Heard's actions were prompted by Mr. Depp's request for a divorce. He wanted out. Which drove her to concoct, to make up a story that was, at first, designed to keep him And then, when he made it clear that finally, after all he had endured, he was done, was designed to recast herself as an abuse survivor, with Mr. Depp as the alleged abuser.

MR. CHEW: The evidence will show that six days after Mr. Depp requested a divorce, and he did so politely, and three days after Ms. Heard's lawyers threatened Mr. Depp with claims of abuse if he did not agree to her financial demands, Ms. Heard arrived at the courthouse in Los Angeles, California to file for a restraining order alleging abuse.

MR. CHEW: Ms. Heard, the evidence will show, that Ms. Heard showed up with a mark on her face that mysteriously appeared six days after she last saw Mr. Depp. And six days before she publicly filed a request for a domestic violence restraining order alleging abuse.

MR. CHEW: The evidence will show that her publicist and the paparazzi were there at the courthouse to document the event, to make sure that Johnny Depp's name was forever associated with the image of an innocent, battered woman.

MR. CHEW: It was a jolt. It was a shocking story splashed across front pages across the country. No one had ever, in five decades, accused Johnny Depp of being violent with a woman. No one had ever accused Mr. Depp of being violent with a He had been in other long-tenn relationships. He had children.

MR. CHEW: Yes, I'm sorry, Your Honor, but that was specifically ruled on. It was denied. Come on, you know it was denied.

MR. CHEW: Yes, it was denied. I'm an officer of the court. That was clearly denied. She knows that

MR. CHEW: Thank you, Your Honor.

MR. CHEW: No one, as I stated before, no one, had ever, in five decades, no one had ever accused Johnny Depp of being abusive, of any kind, with a woman. That's why it was such a jolt.

MR. CHEW: He had been in other long-term relationships, as I said, he had two children. And no one had even suggested, ever, that he was capable of something like this. By choosing to lie about her husband for her own personal benefit, Amber Heard forever changed Mr. Depp's life and reputation. And you will hear him tell you the dreadful impact that it has had on his life.

MR. CHEW: The evidence you will hear at this trial contradicts the story Ms. Heard presented to the world in May 2016, and, again, in December 2018.

MR. CHEW: The evidence will show that the last time Mr. Depp and Ms. Heard saw each other before Ms. Heard showed up in court on May 27th, 2016, was May 21st. And that's a very important date, and I will ask you, please, to remember that through the trial.

MR. CHEW: Mr. Depp's mother, Betty Sue, passed away on May 20th after a long illness. When Johnny and his sister Christi had been taking care of his mother for a very long period of time. And for reasons that Mr. Depp will personally explain to you throughout the course of this trial he had resolved to divorce Ms. Heard.

MR. CHEW: So, on May 21st, Mr. Depp came by the apartment that he shared with Ms. Heard in the Eastern Columbia Building, or ECB, as some people refer to it, to tell her that. To pick up his things and to say goodbye.

MR. CHEW: There's no dispute that soon after Mr. Depp ended things with Ms. Heard and left the apartment on May 21st, he got on a plane to head out on a European tour, a music tour, for months, with his band the Hollywood Vampires. And Ms. Heard knew that he was going off on tour and out of state when she walked into court to get the restraining order, which she obtained ex parte. It's a Latin word, fancy word, but all it means is that Mr. Depp and his lawyers were not there and had no opportunity to be heard. That's what an ex parte order is.

MR. CHEW: You will hear from the police officers who responded to a 911 call on May 21st, after Mr. Depp left. The police officers will testify that they saw no injuries on Ms. Heard. Both police officers will testify that they saw no injuries on Ms. Heard. Nor did the police officers see any of the property damages that you will hear Ms. Heard claims existed in the apartments that evening. And you will hear those officers, under oath, testify that there was no violence and there was no crime.

MR. CHEW: You will also hear from multiple witnesses who, like the police officers, saw Ms. Heard between May 21 and May 26th. Those are the crucial days between the alleged incident and the day she walked into court with her lawyer and got an ex parte order.

MR. CHEW: And those witnesses will testify that they saw her without any marks, any signs of injury on her face. And you will hear from multiple witnesses, including Brandon Patterson, who is the manager of the Eastern Columbia Building where Mr. Depp and Ms. Heard lived together. You will hear Mr. Patterson say that he saw, and others will say as well, that they saw a surveillance video, from the week of May 21st, that showed Ms. Heard's sister, Whitney, throw a fake punch at Ms. Heard's face. Let's just stop there.

MR. CHEW: I about it. So you have the alleged victim and the sister laughing about a fake punch. And you will have to decide for yourself, or we ask that you, please, decide for yourself, would anyone ever joke about that if there had been actual abuse? Much less, ask yourself, would a sister ever joke with an alleged victim about being punched by her husband?

MR. CHEW: Of course, none of this contradicting evidence was publicly available when Ms. Heard walked into court on May 27th and got her restraining order. Instead, as you can imagine, the media storm was instantaneous. You will hear about and see some of that media coverage, which published pictures of Ms. Heard walking into court, and other pictures, supposedly showing injuries, supposedly caused by Mr. Depp, a man who had never been accused of abuse of a woman.

MR. CHEW: The evidence will show that Mr. Depp and Ms. Heard eventually settled their divorce out of court. Thereafter, Ms. Heard dismissed her retraining order against Mr. Depp. But Ms. Heard's false claim that Mr. Depp had abused her remained in the public sphere. It didn't go away. The images were permanent. And the evidence will show that two years later, which is why we're pointing to that, that reference in the op-ed, in the wake of the Me Too movement and just before the release of Ms. Heard's role in the movie Aquaman, Ms. Heard chose to remind the world about the festering allegations. This time, under the banner of a national -- international newspaper, the Washington Post.

MR. CHEW: In the op-ed, in her op-ed, Ms. Heard, again, painted herself as the innocent victim of abuse, but this time, this time with a wider audience primed to take action against an industry powerhouse accused of abuse.

MR. CHEW: The evidence will show that the clear implication in Ms. Heard's op-ed, that you have in front of you, was that she was the victim of domestic abuse perpetrated by Mr. Depp. The evidence will show that that was a lie, and it remained a lie, when it was repeated and republished two years later.

MR. CHEW: Hollywood studios don't want to deal with the public backlash from hiring someone accused of abuse, even someone with the incredible body of work and record that Mr. Depp can be proud of A false allegation can devastate a career, and it can devastate a family. And the evidence will show that Ms. Heard's false allegation had a significant impact on Mr. Depp's family and his ability to work in the profession he loved and loved to bring joy to everyone.

MR. CHEW: Ultimately, this trial is about clearing Mr. Depp's name of a terrible and false allegation. We ask you, in the next several weeks, to, please, please, carefully consider the evidence. Assess the reliability and credibility of that evidence, and to make your own determination about what actually happened between Mr. Depp and Ms. Heard. And to tell you more about that, I'm going to turn it over to my colleague, Camille Vasquez, who you had the pleasure of meeting yesterday.

MR. CHEW: Thank you all for your attention.

MS. VASQUEZ: Thank you, Ben.

MS. VASQUEZ: Thank you, Ben. And good morning.

MS. VASQUEZ: Over the course of this trial, you're going to have an opportunity to get to know Johnny Depp. Not the characters he has portrayed, but the man himself. You will hear from Mr. Depp directly, but you will also hear from his friends, his family, and employees. You will hear from people who have known him for decades. They have seen him at his best, and they have seen him at his worst. And they will tell you, each of them, that he is a kind soul who had never, and would never raise a hand to a woman.

MS. VASQUEZ: You will hear that Mr. Depp learned, at a very young age, how to coexist with an abusive woman. You will learn from Mr. Depp's sister, Christi, and from Mr. Depp that their mother, Betty Sue, was in a constant state of anger that would boil over daily in vicious words and violence directed at her husband and her children. And you will hear how Mr. Depp, who had the personality of his father, coped with that abuse in the same way his father did. He just took it. The evidence will show that Mr. Depp learned that the best way to deal with violence was to leave, to get away from it. Give her time to cool down. But he never turned his back on his mother.

MS. VASQUEZ: Depp loved his mother and he cared for her until the day she died. You will hear how Mr. Depp came to Los Angeles as a teenager. He first wanted to be a musician, then became an actor, and eventually, thanks to his talent, his dedication, and a lot of hard work, grew into one of the biggest movie stars in the world. He had relationships with major figures in Hollywood and elsewhere, like Winona Ryder, Kate Moss. And before he met Amber Heard, he was with the same woman, Vanessa Paradis, for 14 years. He had two children with her. And even though he was a mega star, they had a quiet, domestic life. In fact, you'll hear, as Mr. Chew already told you, that Mr. Depp -- in Mr. Depp's 58 years, not a single woman has ever accused him of violence. And no one in Hollywood or the world had any reason to believe he was an abuser, until Ms. Heard publicly accused him in 2016.

MS. VASQUEZ: You're also going to hear evidence about Ms. Heard. You're going to learn that she's a profoundly troubled person who manipulates the people around her, just as she manipulated Mr. Depp.

MS. VASQUEZ: Ms. Heard came to Los Angeles and started a career in acting after Mr. Depp was well-established as a movie star. Mr. Depp and Ms. Heard first met in 2009 on the set of the. film the Rum Diaries. There was a significant age difference between them, and at first, he avoided her advances. But she pursued him. She wooed him. The evidence will show that Ms. Heard went to great lengths to win him over by playing the doting girlfriend, and it worked. He fell head over heels in love with her.

MS. VASQUEZ: Those who watched this relationship develop saw that bond all over the place. You will hear from them in this trial. And over time, the real Ms. Heard began to emerge. She would berate him, scream at him He would try to appease her and sometimes, just sometimes, things would get better. But it would always happen IO again.

MS. VASQUEZ: The evidence will show that Mr. Depp started coping with Ms. Heard in the same way he did as a child. He would try to get away, avoid the conflict. But his trying to leave enraged Ms. Heard. She would resort to physical violence, throw things at him, hitting him She would tell him he was a coward. She would tell him he wasn't man enough because he wouldn't stay and fight with her.

MS. VASQUEZ: You will see that Ms. Heard pointed anger and violence with passion. She would apologize with poetic excuses as if the violence p g p just proved how fierce and overwhelming her love for him was. And you're going to hear how when Ms. Heard got violent, Mr. Depp would just retreat. Just as he did with his mother. He would try to leave to get away from her. In her words, Ms. Beard's words, he would split. Mr. Depp would often retreat into bathrooms, lock the doors, wait out Ms. Beard's aggression. But his leaving just provoked her more. You will hear from Mr. Depp's security people, like Sean Bett, about how he had often had to remove Mr. Depp from being with Ms.

MS. VASQUEZ: Heard, screaming at him, taking him, trying to keep him from leaving. You're going to hear evidence that when Mr. Depp and Ms. Heard traveled together, his team routinely had to book an extra room for him so that he had somewhere to go when Ms. Heard became enraged.

MS. VASQUEZ: You'll hear from other witnesses, including Mr. Depp and Ms. Beard's marriage counselor, her name is Dr. Laurel Anderson, who perceived Ms. Heard as the aggressor in the relationship. Ms. Heard, as the aggressor in the relationship. The one who will strike Mr. Depp to try to keep him from leaving. You will hear from medical professionals who were with Mr. Depp and Ms. Heard, often on a daily basis, for years, including their doctor, David Kipper.

MS. VASQUEZ: And Ms. Heard's personal nurse, her personal assigned nurse, Erin Boerum Falati, who did not see any signs of injuries that Ms. Heard later testified to in graphic detail.

MS. VASQUEZ: Ms. Heard wants you to ignore the testimony of these medical professionals who saw her in real time, just as she wants you to ignore the testimony of the police officers who testified under oath, who saw her on May 21st, 2016, without any injuries. But it is up to you, ladies and gentlemen of the jury, to judge the credibility of these witnesses and that of Ms. Heard.

MS. VASQUEZ: In this trial, Ms. Heard will undoubtedly present photos that supposedly show injuries she sustained as a result of the claimed abuse by Mr. Depp. Here's what you should keep in mind when you see these photographs: First, the y p g p evidence and expert testimony from a forensic pathologist, a doctor, will show that the injuries reflected in these photographs are not consistent with the brutal allegations of abuse Ms. Heard has alleged.

MS. VASQUEZ: Second, there are multiple, multiple witnesses, including medical professionals and police officers who will testify that they did not observe the injuries supposedly reflected in these photographs.

MS. VASQUEZ: And you may be wondering, how can that be? Well, you will hear expert testimony that none of these photographs are the originals, not one. And many are stored in an editing pro gram So they could have been manipulated and cannot be confirmed as authentic. Importantly, you will not see a single photograph of the vast majority of the abuse alleged by Ms. Heard, not one. And there is not a single photograph or video showing Mr. Depp becoming physically violent towards Ms. Heard.

MS. VASQUEZ: The only medical report of an injury during their relationship was a severe one, and it was sustained by Mr. Depp after an argument, shortly after their marriage while the couple was in Australia. You will hear evidence that the people who cared about Mr. Depp were encouraging him to have a prenuptial agreement with Ms. Heard, but she rushed the wedding date and he agreed to get married without one. After the wedding, again, people close to Mr. Depp encouraged him to consider a postnuptial agreement. When the topic came up, Ms. Heard became outraged, as she always did, at the suggestion that Mr. Depp might leave her.

MS. VASQUEZ: She berated him. And when he tried to leave, she became violent. She became so violent, in fact, she threw a vodka bottle at him that hit his hand and exploded. It severed the end of one of his fingers. You'll see pictures of Mr. Depp's severed finger and learn about his emergency medical treatment for that injury, and then you'll learn, and this is important, years later, after they both claimed abuse, that caused Mr. Depp to file this very lawsuit, Ms. Heard came up with an elaborate story about what actually happened, according to her, in Australia. And what she said happened was that it was a three-day hostage affair, an episode, where she was violently attacked and then sexually assaulted by Mr. Depp.

MS. VASQUEZ: You will see for yourself that the evidence does not support the story she told after she was sued.

MS. VASQUEZ: You will learn that there came a time when Mr. Depp was done. And you'll learn from him, and he will tell you why. The evidence will show that on May 20th, 2016, Mr. Depp's mother, Betty Sue, passed away. You will hear from Mr. Depp that his mother's passing was the wake-up call that helped confirm what he already knew, that the relationship with Ms. Heard wasn't working, and that Ms. Heard was not going to change.

MS. VASQUEZ: MS. VASQUEZ]: If you've ever lost a parent, you understand how much this experience can change your perspective on what is important for your own well-being.

MS. VASQUEZ: So Mr. Depp resolved to finally divorce. Ms. Heard and told her, that very day, that he would do so respectfully and, most importantly, discreetly.

MS. VASQUEZ: The evidence will show that on May 21st, 2016, when Mr. Depp went over to the Eastern Columbia Building to gather his things, Ms. Heard caused a final dramatic scene. In the wreckage of their relationship, Ms. Heard turned the final encounter between them into a tale of domestic abuse. Now, I understand that many of you may be asking yourselves, why? Why would Ms. Heard say that Mr. Depp abused her during their relationship if it didn't actually happen? Why would she make up the details, dramatic tales of abuse, that you will surely hear in this courtroom over the coming weeks.

MS. VASQUEZ: By the end of this trial, you will have the answer to that question. The evidence will show exactly who Ms. Heard is.

MS. VASQUEZ: You will hear from Mr. Depp, and other witnesses, including their marriage counselor, Dr. Laurel Anderson, that Ms. Heard would go to great lengths and even resort to physical violence to stop Mr. Depp from leaving her. But once Mr. Depp did leave, Ms. Heard tried to avoid public humiliation and present herself as a noble survivor and representative of the Me Too movement. You will hear evidence, including the testimony of Ms. Heard's former personal assistant, Kate James, that Ms. Heard is obsessed with her public image, that's her number one priority.

MS. VASQUEZ: And you will see evidence that after she received a $7 million divorce settlement from Mr. Depp, Ms. Heard released a public statement claiming she wanted nothing from him and would donate the entire settlement to two charities, the Children's Hospital of Los Angeles, in California, and the American Civil Liberties Union, also known as the ACLU. But then, she did not make the donation.

MS. VASQUEZ: Quite simply, Ms. Heard had publicly cast herself in the role of a domestic abuse survivor. There was no going back. When Mr. Depp finally stood up and fought for his good name in court by filing this lawsuit, Ms. Heard, because she couldn't back down, went all in. After this lawsuit was filed, this is important, the timeline there, after this lawsuit was filed, Ms. Heard started making up more and more alleged incidents of abuse. And if you'll recall, ladies and gentlemen, the headline of the op-ed references sexual violence. But Ms. Heard had never made that accusation against Mr. Depp. It was never part of her allegations of abuse.

MS. VASQUEZ: So what changed? What changed between 2016 and 2018? We submit to you and the evidence will show, when she realized the seriousness of what she had alleged, she panicked and she alleged sexual assault. Ms. Heard and her lawyers are going to tell you some truly horrific tales of abuse before this trial is over. But the horrific details are designed, they're designed to shock you and to overwhelm you. They are designed to be explosive and they are designed to distract you from the evidence and, most importantly, from common sense. That tell you the common sense of the evidence will tell you that it is all a lie, that none of this, not one single alleged incident of abuse could have happened as Ms. Heard claims. Ms. Heard's pattern is consistent, she tells a lie, then covers up that lie with, still, more lies, in a constantly changing, evolving, ever more dramatic story.

MS. VASQUEZ: You're going to hear a lot about Mr. Depp during this trial. Ms. Heard is going to tell you a lot of things about him, that he abused drugs and alcohol, that he used bad, offensive language. And it's true that Mr. Depp has had real struggles with substance abuse in his life. He's not denying that. You may know people close to you who have struggled, too. But struggling with drugs and alcohol doesn't make you an abuser.

MS. VASQUEZ: He has also used some very colorful language. He uses words that I don't use and you probably don't use, and he uses them frequently. Mr. Depp, like all of us, is not perfect. But he did not abuse Ms. Heard. All of this is just meant to distract you from what this case is about. This case is about what Ms. Heard said in her op-ed. The evidence will show that Ms. Heard painted a picture of herself as a heroic, innocent survivor of abuse by Mr. Depp, a beaten woman who finally stood up to her tormenter. The evidence will show that Ms. Heard used her allegations against Mr. Depp to raise her own profile and to advance her own career.

MS. VASQUEZ: The very same day that the op-ed was published under the title "I spoke out against sexual violence," she posted that article, that's now displayed on your screens, and the title on her Twitter page, right along with an announcement that she was becoming an ACLU ambassador on women's rights, to make sure that "women and girls can live free from violence." She presented herself as the face of the Me Too movement. The virtuous representative of innocent women across the country and the world who have truly suffered abuse. The evidence will show that was a lie. And the evidence will show that Ms. Heard portrayed Mr. Depp as a representative of abusers everywhere. The agent of her suffering, the villain in her heroic journey. That was a lie too. More than just a lie, it was an act of cruelty. Mr. Depp will go to his grave knowing that whatever he does, there are people out there in this world who will always believe that he abused a woman.

MS. VASQUEZ: This is a case about what Ms. Heard said. It's also a case about what a man named Adam Waldman said. Adam Waldman is a lawyer who has worked for Mr. Depp, after, again, timeline, ) after Mr. Depp filed this case against her. Ms. Heard filed her own claim against Mr. Depp, which is also the subject of this trial. In her claim, Ms. Heard says that Mr. Depp defamed her because Adam Waldman, his attorney, made some statements to reporters denying the truth of her claims of abuse.

MS. VASQUEZ: Adam Waldman is not in this courtroom. Ms. Heard chose not to name him in her claim. And I won't take up too much of your time with the discussion of her claim against Mr. Depp, except to say a few things. The evidence will show that those statements weren't even made by Mr. Depp, they were made by Adam Waldman. And Mr. Waldman, the evidence will show, is not under Mr. Depp's control. The statements were merely Mr. Waldman's opinions made in justified defense of his client and friend, Mr. Depp. Mr. Waldman believed those statements. And finally, at the end of the day, Mr. Waldman's statements merely reflected the reality that we intend to prove in this trial that Ms. Heard's.

MS. VASQUEZ: Portrayal of herself as a victim of domestic violence at the hand of Mr. Depp is a lie.

MS. VASQUEZ: Ms. Heard is a known actress. When she accused Mr. Depp of abuse and painted herself before the world as a representative of abuse victims everywhere, Ms. Heard took on a role of a lifetime. She can't back down. She has been living and breathing this lie for years now. And she has been preparing to give the performance of her life in this trial. This trial is about the evidence. It's about a man's reputation. And it's about his whole life. His ability,to walk down the street, look people in the eye, without having them think he's an abuser. It's about the truth. And the truth will come out in this trial.

MS. VASQUEZ: At the end of this trial, we will ask you to render a verdict for Mr. Depp. We will ask you to tell the world that he is not the abuser she described, and that she is not the victim she O portrayed. And we will ask you to tell Ms. Heard that what she did was wrong.

MS. VASQUEZ: Thank you very much.