Post-Testimony Matters
68 linesTHE COURT: All right. And we'll see you tomorrow morning, all right. If you could leave the courtroom, I have a few housekeeping matters I need to take care of.
MR. ROTTENBORN: That includes Mr. Depp as well, correct?
THE COURT: Correct, and Mr. Depp, yes, anybody, okay? Just don't talk about your testimony. Yeah. If you can step outside the courtroom, I just have a few housekeeping matters I want to take care of.
THE COURT: You can sit down. It's okay. If you want to stand up, that's fine. I just want to ...
MS. BREDEHOFT: May we approach?
THE COURT: Let me finish this one issue first, okay? I appreciate it.
THE COURT: Going back to the text, so on 163, are you still trying to admit that into evidence? That was the last one.
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: All right. There's an objection to that.
THE COURT: Okay. Go ahead.
THE COURT: All right. Yes, sir.
THE COURT: Anything further to say on. 63?
MR. ROTTENBORN: Well, I think, yeah, two things. At a minimum; Ms. Dembrowski's text should be allowed to come in because those are hearsay, even if we have to redact out all Ms. Heard's texts, which if that's what Your Honor is ruling is we can. But the problem is -- and the reason I think it's not hearsay, that It's impeachment under 607(a)(vii) --.
THE COURT: I understand your impeachment issue, and I understand that -- and that -- we'll go back to 210. I think there's an issue with impeachment there, but here I don't see any impeachment basis to have the extrinsic evidence in. You got the testimony in, but I don't see a basis to have the extrinsic evidence in.
MR. ROTTENBORN: And I would still ask the -- the -- that her text come in. They're not impeachment. They're no hearsay. They're probative to this case. She's expressing concern, and even the jury can see, the context they can't see they can't see --
THE COURT: Since they can't have the context, I'm not going to allow them in, so I'm deny-- I'm going the sustain the objection to 163.
THE COURT: As far as 210, the -- the only impeachment basis was when she testified that she didn't recall anything about a bender or him being on a bender. So I think for impeachment purposes, just the only part that comes in is as far as Ms. Heard's text is the "JD is on a bender," and I don't even know the last part of it -- that's it.
THE COURT: Everything else would have been to redacted.
MR. CHEW: Your Honor, I don't think. that comes in to impeach a third-party witness. It's all hearsay.
MR. ROTTENBORN: Sure, it does. It's 19787.
THE COURT: I'm going to allow that, just that one part.
MR. CHEW: Just that part? That one part. Everything else gets redacted as far as her text. Ms. Dembrowski's text can come in except you have to get rid of her identifying information as far as her phone number, okay?
MR. ROTTENBORN: And just to be clear so we don't get anything wrong --
THE COURT: Okay. I understand.
THE COURT: Okay. All right. That's fine. Thank you.
MR. ROTTENBORN: You want it--you want it redacted after the word "bender," not the last two words of --
THE COURT: That's exactly right. Not the last two words and not the sentence above it and any of sentences below it or any of the other texts. Ms. Dembrowski's text come in, but you've got to take out her -- her phone number for me.
MR. ROTTENBORN: Okay.
THE COURT: So if you can give me -- you owe me that, and I'll allow the redacted one into evidence, and you can give that to me tomorrow, okay?
MR. ROTTENBORN: Thank you, Judge.
THE COURT: And you also owe me 214 tomorrow too, correct?
MR. ROTTENBORN: Yes, Your Honor. One -- on that one, can we -- if we -- if we redact the -- if we only show the last two columns, if we redact the personal identifiers, can we then show the other columns that correspond to the text?
THE COURT: As long as the personal identifiers is what the objection.was, so if you can do that with just the four.
MR. ROTTENBORN: Yes, Your Honor. Thank you.
THE COURT: Get rid of the others. That's all I have had. Ma'am, you had something?
MS. BREDEHOFT: May we approach?
THE COURT: Okay.
MS. BREDEHOFT: Your Honor, as jury was shuffling out, the second to the end on the front--
THE COURT: That juror?
MS. BREDEHOFT: That juror went like this: "Bye," to Johnny Depp, and he waved back at him.
MS. VASQUEZ: It was not to him.
MS. BREDEHOFT: It was to Johnny.
MS. VASQUEZ: It was not.
THE COURT: Okay.
MS. VASQUEZ: It was generally in our direction, you know, to the courtroom.
THE COURT: Well, I can give a -- I can give instruction tomorrow first thing when the jury comes in to make sure they understand that they can have no contact or no information to anybody.
MS. VASQUEZ: He was standing out of respect as Your Honor told us, and he just looked generally in our direction.
THE COURT: I didn't see it. So I don't know, but -- I will pay attention to it, but I will give them instruction tomorrow just to make sure they understand about that again. And I'll pay attention to it, and if it is something that we think is a problem as the days go on, we do have alternates for a reason. So we can work from that.
MS. BREDEHOFT: And Mr. Depp waved back to him. You know, and he went "Bye" back.
THE COURT: If you would, instruct your client, we could do that.
THE COURT: Okay. Thank you. All right. Anything else for this evening then? Anything else for this evening, anybody? We're good?
MS. BREDEHOFT: No, Your Honor.
THE COURT: All right. Good, Mr. Chew?
MS. VASQUEZ: No, Your Honor. Thank you, Your Honor.
THE COURT: Okay. Have a good evening. We'll see you at 10:00.
COURT BAILIFF: All rise.
COURT BAILIFF: PLANE IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 12th day of April, 2022. My Commission Expires: September 30, 2024 NOTARY PUBLIC IN AND FOR THE COMMONWEALTH OF VIRGINIA