Erin Falati — Direct
395 linesTHE COURT: All right. Next witness.
MS. LECAROZ: Your Honor, I believe we're calling Erin Falati by deposition.
MR. NADELHAFT: Your Honor, there are at least two exhibits that I think --
THE COURT: Could you put-- I'm sorry; 1117 can you put your microphone on?
MR. NADELHAFT: Can we approach? There's two exhibits that we have a dispute on.
THE COURT: All right. While we're getting the TV monitor up.
THE COURT: So, this is an hour and a half one, right? So we'll not quite get to the end of it today.
MS. VASQUEZ: Right.
THE COURT: Find a good breakpoint for me, either a little before five or a little after five. I appreciate it.
MS. VASQUEZ: I'll speak with Tom and we will find a spot.
THE COURT: Okay. Thank you. I'll start waving if I'm done.
MS. VASQUEZ: So we redacted, this is Nurse Falati, who treated Amber Heard.
THE COURT: I remember the deposition, all right. Got it.
MS. VASQUEZ: There are nursing notes that Your Honor has looked at. So these are proposed redactions that Plaintiff offers.
THE COURT: Okay. Have you seen these 1120 redactions?
MR. NADELHAFT: I think I have, Your Honor.
MS. VASQUEZ: He's proposing -- Defendant is proposing additional redactions, highlighted here.
THE COURT: Do you have any objection?
MS. VASQUEZ: We do have an objection to the additional redactions, Your Honor, just because they are discussed in the deposition. So if Your Honor would like to wait until -- in other words, she laid the foundation and discussed the notes that Mr. Nadelhaft proposed as redacted, and we disagree with that.
THE COURT: You're not going to show them during the deposition?
MS. VASQUEZ: No.
MR. NADELHAFT: Okay.
MS. VASQUEZ: Would you like to -- so this is defendant's, and the highlighted portions are the portions that --
THE COURT: They would like to have redacted as well.
MR. NADELHAFT: And my position is, I just don't believe she testified to those portions j p of --
THE COURT: Okay. Well, I'll try to keep a bingo card, so see if I can figure it out.
MR. NADELHAFT: Your Honor, we do want to show here on --
THE COURT: On --
MR. NADELHAFT: During the deposition.
THE COURT: Okay.
MR. NADELHAFT: There are text messages that Amber sent to Ms. Falati. We've redacted all the words.
THE COURT: Just want the pictures.
MR. NADELHAFT: Just the pictures that she received. She testified to that she received. It's not hearsay. It would be no different than if she were handed the picture.
MS. VASQUEZ: We disagree, obviously. We think it is hearsay. It was sent by Ms. Heard.
THE COURT: But it's a picture, not words.
MS. VASQUEZ: Well, it's ambiguous. Well, I didn't think this was going to be a winner but...
THE COURT: Okay. I appreciate it, all right. Over objection. I'll allow it. What is that? 733?
MR. NADELHAFT: 733.
THE COURT: That's Defendant's 733.
MR. NADELHAFT: And 1038. It's the same thing.
THE COURT: Same thing?
MR. NADELHAFT: Similar.
THE COURT: 733. And there's no redactions there or do I have it?
MR. NADELHAFT: We have to give them to you.
THE COURT: You have to give them to us. 733. What's the other one?
MS. VASQUEZ: 1038.
MR. NADELHAFT: 1038. Well, I guess ! I'll give it to you after.
THE COURT: Okay.
MS. VASQUEZ: Do you want these played -- or shown?
MR. NADELHAFT: When she's testifying. ,2
THE COURT: 1038 is in evidence. Defendant's 1038 and --
THE COURT: 733. Yeah, they're just going to give us redactions after. And then I'm working on this, yeah.
MS. VASQUEZ: Okay. It would be helpful, Adam, if you don't mind, giving me item I and when you want it shown.
MR. NADELHAFT: I will do that. Thank you.
THE COURT: Okay. I will keep my ears up.
MS. VASQUEZ: Okay. If I may introduce the deposition, that Mr. Nadelhaft is the first one to ask the questions.
THE COURT: When it switches, if you want to do that, that's fine, okay? Thank you.
THE COURT: All right. Your next witness, then.
MS. VASQUEZ: Thank you, Your Honor.
MS. VASQUEZ: Plaintiff calls Erin Falati also known as Erin Boerum Falati And Ms. Heard's counsel begins the questioning.
THE COURT: Okay. Thank you.
MR. NADELHAFT: Provide your full name.
ERIN FALATI: Erin Falati.
MR. NADELHAFT: And is Boerum your maiden name?
ERIN FALATI: Correct.
MR. NADELHAFT: Okay. So, Boerum was your last name in the 2014 to 2016 time frame, correct?
ERIN FALATI: That's correct.
MR. NADELHAFT: Have you communicated with anybody else from Mr. Depp's counsel other than Ms. Vasquez?
ERIN FALATI: Not that I recall. Oh, excuse me, excuse me, I do. I don't remember his name. I'm so sorry. I feel like I spoke with - I don't know his last name.
MR. NADELHAFT: Did you speak to or communicate with Adam Waldman?
ERIN FALATI: Perhaps. I don't recall his last name.
MR. NADELHAFT: Okay. And do you recall when that occurred?
ERIN FALATI: That would have been 2019, because I had a newborn at that time. So, maybe May, June, July, something like that, 2019.
MR. NADELHAFT: So, this is a text exchange between you and Mr. Waldman?
ERIN FALATI: It appears so.
MR. NADELHAFT: Okay. And do you recall speaking to Mr. Waldman at all?
ERIN FALATI: Yes.
MR. NADELHAFT: And do you recall that when you were communicating with Mr. Waldman, Mr. Waldman was Mr. Depp's attorney?
ERIN FALATI: Yes.
MR. NADELHAFT: Ms. Falati, you're a trained nurse; is that correct?
ERIN FALATI: That's correct.
MR. NADELHAFT: Do you have any specialties?
ERIN FALATI: I haven't been working, you know, like I used to, but previously, I was trained in addictions and mental health.
MR. NADELHAFT: And when you say "addictions," are 1,4 there specific types of addictions you were trained in?
ERIN FALATI: No, but I primarily worked with clinical dependency.
MR. NADELHAFT: And where did you receive training for addiction in mental health?
ERIN FALATI: Different employment places, and then I became a certified registered addiction nurse.
MR. NADELHAFT: You know who Dr. David Kipper is, correct?
ERIN FALATI: Correct
MR. NADELHAFT: Did you work for Dr. Kipper?
ERIN FALATI: Not directly, but he would hire the agency I provided nursing services for, which was Turning Point, I believe. So I worked under his guidance, but not specifically for him. Most of the time. There have been times where I have worked specifically for him.
MR. NADELHAFT: Okay. When did you start working for Turning Point nursing services, or whatever the name of that company was?
ERIN FALATI: I don't recall. My best guess would be somewhere between 2007 or '08.
MR. NADELHAFT: And when did you start to begin to do any work for Dr. Kipper?
ERIN FALATI: I believe 2014.
MR. NADELHAFT: What were the circumstances that started you working for Dr. Kipper in 2014?
ERIN FALATI: If I recall correctly, it would be for services for Ms. Heard.
MR. NADELHAFT: Were you ever responsible for Mr. Depp's nursing care while he was under the treatment of Dr. Kipper?
ERIN FALATI: I provided him with nursing care.
MR. NADELHAFT: So, Ms. Falati, I'm showing you what's been marked as Exhibit 2 to your deposition, and these are -- these are AH_TPD _16929 through 16959. Is that the paper documents you have, a set of the paper documents you have in front of you?
ERIN FALATI: The first page.
MR. NADELHAFT: The first page might have said at the bottom, also, K182.
ERIN FALATI: Yes, I have that.
MR. NADELHAFT: Okay. Do you recognize these as your -- what are these?
ERIN FALATI: These are my nursing notes for Ms. Heard. Yes.
MR. NADELHAFT: And these are notes you created?
ERIN FALATI: Yes.
MR. NADELHAFT: Did you create these notes in the ordinary course of business?
ERIN FALATI: Yes.
MR. NADELHAFT: Were you trained in how to prepare these notes?
ERIN FALATI: Yes.
MR. NADELHAFT: Would you write these -- how long after your visit would you write up these notes?
ERIN FALATI: It would depend. Sometimes I would keep notes on my phone that are - that were transferred to the Word document, when I was in front of my laptop. And if not possible, I would do it as soon as feasible.
MR. NADELHAFT: And how often would you show these notes to Dr. Kipper?
ERIN FALATI: I don't recall. At intervals, but I don't recall.
MR. NADELHAFT: So, if you look at the first page of the notes, the first entry is August 27th, 2014, correct?
ERIN FALATI: Yes.
MR. NADELHAFT: And you wrote RN has been hired to provide private nursing care for client Amber Heard, right?
ERIN FALATI: Correct.
MR. NADELHAFT: And "RN" refers to you, correct? And RN means registered nurse, correct?
ERIN FALATI: Correct.
MR. NADELHAFT: And throughout the notes, and you say this here, Amber Heard would be referred to as "client" or "AH," correct?
ERIN FALATI: That's correct.
MR. NADELHAFT: All right. And Johnny Depp would be referred to as "JD"?
ERIN FALATI: That's correct.
MR. NADELHAFT: Would you agree that Mr. Depp and Amber would get into verbal arguments?
ERIN FALATI: I do recall a general sense of discord in the relationship.
MR. NADELHAFT: What do you mean by "general sense of discord"?
ERIN FALATI: I just recall there being disagreement, reconciliation, and kind of that repeating pattern.
MR. NADELHAFT: And would you be, at times, taking care of Amber because of this -- the disagreements between Mr. Depp and Amber?
ERIN FALATI: I provided emotional support. I wasn't - was not present with her, often, but was available over the phone, via text, and sometimes in person.
MR. NADELHAFT: Do you recall that in March 2015, Amber went to Australia to be with Mr. Depp?
ERIN FALATI: Yes, I remember she went to Australia. As to the dates, I would have to look through documentation to ascertain the exact dates.
MR. NADELHAFT: Okay. And on Exhibit 2, this is your note of March 7th, 2015?
ERIN FALATI: That's correct.
MR. NADELHAFT: And you wrote "client informs RN via text of increasing anxiety"?
ERIN FALATI: Yes, I wrote that.
MR. NADELHAFT: And then, on 3/8/15, you wrote "RN received report from Debbie RN."
MR. NADELHAFT: "Debbie" being Debbie Lloyd, correct?
ERIN FALATI: That's correct.
MR. NADELHAFT: Do you recall what the report you ! 11 received was on March 8th, 2015, from Debbie?
ERIN FALATI: Hang on, I'm just reading my notes.
MR. NADELHAFT: Sure.
ERIN FALATI: To answer your question, no, I don't recall specifics of what the report would have been. I assume, based on this note, that would have been a phone call.
MR. NADELHAFT: And it says "Client will be returning to Los Angeles on March 9th, 2015, accompanied by house manager Ben." Do you see that?
ERIN FALATI: I do.
MR. NADELHAFT: Do you have an understanding as to why Amber was leaving Australia in March of 2015?
ERIN FALATI: Yes. I don't know if this is the exact timing, but you know better than I, there was an incident in Australia, and they had to be -- Ms. Heard and Mr. Depp had to be separated. So Ms. Heard returned to Los Angeles, from my nursing notes, and I believe Mr. Depp must have stayed in Australia.
MR. NADELHAFT: What was your understanding as to why Mr. Depp and Amber had to be separated?
ERIN FALATI: It's hard to recall specifics because I wasn't there or involved at the time, but became involved again. I remember hearing from other people that there was quite the argument between the two in Australia.
MR. NADELHAFT: Do you have any understanding if anyone was injured during the argument between -- the argument between Amber and Mr. Depp?
ERIN FALATI: Physically injured?
MR. NADELHAFT: Physically, yeah.
ERIN FALATI: Again, I wasn't present, so I'm only speaking as to what I recall during that time period and what I sort of remember hearing from others and, also, I just remember Mr. Depp's finger was injured. I can't tell you specifically which one, but I remember there was an injury to his finger.
MR. NADELHAFT: Do you have any understanding as to how his finger was injured?
ERIN FALATI: No.
MR. NADELHAFT: And then, Erin, you wrote the next note on March 9th, 2015, that says "RN and CT in touch via text and phone calls after client arrived at 1500"?
ERIN FALATI: Yes, I wrote that.
MR. NADELHAFT: And 1500, you're using military time, correct?
ERIN FALATI: That's correct.
MR. NADELHAFT: So that would be 3:00 p.m.?
ERIN FALATI: Correct.
MR. NADELHAFT: And you wrote "client expressed feeling 'sad.'"
MR. NADELHAFT: Right?
ERIN FALATI: That's what I wrote.
MR. NADELHAFT: Do you recall what Amber was sad about on, approximately, March 9th, 2015?
ERIN FALATI: I can't speak to the - you know, I don't remember specifically, but I would assume, based on my March 8th note, I would make the assumption that those feelings were in relation to the relationship issues.
MR. NADELHAFT: You wrote "client states she would like I to discuss recent events between her and husband with RN in private tomorrow. Plans are made for RN to visit client at her home tomorrow"?
ERIN FALATI: Yes, I wrote that
MR. NADELHAFT: Do you recall the conversation you had with Amber regarding events between her and ! Mr. Depp at this March -- around this March 9th, 2015 time frame?
ERIN FALATI: No, I don't recall specifics.
MR. NADELHAFT: Do you recall anything in general?
ERIN FALATI: I really don't; I'm sorry.
MR. NADELHAFT: Did Amber express any fear of Mr. Depp this note, so I can't speak to that.
ERIN FALATI: I don't recall. I don't see that in
MR. NADELHAFT: And in the note for March 10th, 2015, do you see that note?
ERIN FALATI: I do.
MR. NADELHAFT: We can take this down. Can you put up attachment 25, please. AV TECHNICIAN: Stand by.
MR. NADELHAFT: Exhibit 4.
MR. NADELHAFT: Ms. Falati, I'm showing you a text exchange between you and Whitney Heard on March 23rd, 2015. Do you see that?
ERIN FALATI: Yes, I do.
MR. NADELHAFT: And on March 23rd, 2015, you texted to Whitney Heard "Debbie just told me what's going on and to check with you. Is Amber awake or fall asleep?" Do you see that?
ERIN FALATI: I do.
MR. NADELHAFT: And then Ms. Heard wrote She finally fell asleep. Do you see that?
ERIN FALATI: Yes.
MR. NADELHAFT: And you wrote "Thanks goodness" --
ERIN FALATI: I'm sorry; just to confirm, this is from Whitney Heard, not Amber Heard, correct?
MR. NADELHAFT: As I understand it. It says Whit Heard.
MR. NADELHAFT: Is that your understanding?
ERIN FALATI: I assume. Thank you.
MR. NADELHAFT: And then you -- do you recall ever communicating with Whitney Heard via text or chat?
ERIN FALATI: That sounds familiar.
MR. NADELHAFT: Okay. And you wrote "Thanks goodness. She must be exhausted. Do you want me to come to the loft or is she safe and sound asleep?"
MR. NADELHAFT: Do you see that?
ERIN FALATI: I do see that.
MR. NADELHAFT: Okay. And then Whitney wrote "Safe? No, she's not. Kept saying she wants to kill herself"
MR. NADELHAFT: Do you see that?
ERIN FALATI: I see that.
MR. NADELHAFT: Were you ever concerned about Ms. Beard's safety as it relates to Mr. Depp?
ERIN FALATI: So, if she made comments to me that she was not safe, I would be concerned about her, to ensure that she was safe, yes.
MR. NADELHAFT: Do you recall Ms. Heard making comments to you about her safety?
ERIN FALATI: I remember a general sense when they, meaning Ms. Heard and Mr. Depp, would have arguments. She would often have her friends around her for support, but from a general, you know, physical sense, she was always in a safe place.
MR. NADELHAFT: And you mean -- in a genera physical sense, she was always in a safe place, what do you mean by that?
ERIN FALATI: Meaning she was always - not always, I should say often, often surrounded with friends. She had friends that lived right down the hallway from her, so she was always supported.
MR. NADELHAFT: Was Mr. Depp friends with Marilyn Manson?
ERIN FALATI: Yes, I believe. ,2
MR. NADELHAFT: Ms. Falati, I'm showing you what's marked as Exhibit 7. And these are texts that Mr. Depp produced between you and him. And I'm focusing on this text message of October 31st, 2015.
MR. NADELHAFT: Do you see that? Well, so, this text message between you and Whitney is on March 23rd, 2013. Do you see that?
ERIN FALATI: I do.
MR. NADELHAFT: And if we go back to Exhibit 2, and I'll go back. There's no entry for March 23rd, 2015.
MR. NADELHAFT: Do you see that?
ERIN FALATI: Yeah.
MR. NADELHAFT: Not everything you did for Ms. Heard, as a nurse, is reflected in these notes, correct? And the next notes we have are on November 25th, 2015. Do you know why there's a long period where there's no notes?
ERIN FALATI: Yes. Perhaps I can shed some light for you and everyone on the relationship.
ERIN FALATI: When I was first hired to care for Ms. Heard, I worked full-time, you know, I was assigned 24/7, basically. And after a period of time, I became more part-time and on call, and I was working with different clients at the time. So I would - how do I put it? I would not be working regularly, but would also be available if an issue arose or a medication change needed, or things like that. So, I would assume that would account for this, this gap.
MR. NADELHAFT: Why did you move from full-time to I s part-time?
ERIN FALATI: I don't know the exact answer, but I assume - that's not my decision to make. That's usually the client and/or treating physician.
MR. NADELHAFT: Okay. So that's the first page of exhibit 2.
ERIN FALATI: Yes. Thank you. So, if you can maybe go down to - it's about the third paragraph. A little bit -- yes.
ERIN FALATI: "Per report from JD," which refers to Mr. Depp, "Debbie RN and Dr. Kipper, client AH," which is Ms. Heard, "has reportedly been experiencing increased anxiety and agitation recently and has had several outbursts of anger and rage."
ERIN FALATI: From what I remember, when I was involved in the case, it was to help assist Ms. Heard with some emotional issues, anxiety issues, in attempts to assist, layman terms, kind of calming things down a bit.
MR. NADELHAFT: Do you recall any examples, that you knew of, of anger and rage showed by Amber?
ERIN FALATI: I do recall her being very angry. I have to refer to my notes. It was in London, so that would have been 2014. And I believe it was in reference to a violating incident where her phone had been hacked and she was quite upset. I saw her angry at that time. And other times, I don't recall.
MR. NADELHAFT: Were you in London with Amber at the y time?
ERIN FALATI: Yes.
MR. NADELHAFT: And how was Amber showing her anger?
ERIN FALATI: I recall loud, kind of elevated voice, yelling, crying. Quite upset.
MR. NADELHAFT: Do you recall receiving a call from Amber, around December 16th, 2015, regarding this argument between Mr. Depp and Amber?
ERIN FALATI: I do not recall a specific phone call.
MR. NADELHAFT: Would you doubt that a phone call occurred, if you wrote it down in your notes?
ERIN FALATI: If I wrote it, I don't doubt that occurred. I just don't have memory of it.
MR. NADELHAFT: And now you see the note on December 17th, 2015?
ERIN FALATI: Yes.
MR. NADELHAFT: And you wrote 'RN in contact with client to notify her that she'd be able to deliver medications to her home. RN waited at door for several minutes after knocking. Client greeted RN at door looking disheveled. Hair appeared unbrushed. Client appeared weepy and sad. Client told RN about argument with husband. RN offered emotional support, but reminded client that RN could not stay as was on duty with another client and only visiting in order to deliver medication. Per client, she had not' been -- 'had not had contact with husband since altercation. Client I had visible bright red blood appearing at center of lower lip. When RN made client aware that she was actively bleeding on her lip client stated it was from injuries sustained in the,' and then it's ! 11 blank. Do you see that?
ERIN FALATI: Yeah.
MR. NADELHAFT: And we can keep going down. "In the argument between her and her husband, and that it continues to bleed actively." You wrote that?
ERIN FALATI: Yes.
MR. NADELHAFT: And then you also wrote "client also states that her head is bruised and that she lost clumps of hair in altercation." You wrote that?
ERIN FALATI: I assume so. It's in my notes.
MR. NADELHAFT: Okay. And then you wrote "RN briefly looked at client's scalp but was unable to visualize the hematomas client had described." is You wrote that?
ERIN FALATI: Yes, I would agree.
MR. NADELHAFT: And you wrote "RN encouraged client to be seen by physician Dr. Kipper or go to emergency/urgent care for thorough assessment." Do you see that? In
ERIN FALATI: I do.
MR. NADELHAFT: You wrote "Client states she will contact Dr. Kipper tomorrow. Client is supported by friends Rocky and iO, who will be staying at client's home with her." You wrote that?
ERIN FALATI: I agree, yes.
MR. NADELHAFT: Okay. And then on December 18th, 2015, you wrote "Client states she went to Dr. Kipper's office and was assessed by NP Monroe as Dr. Kipper was out of the office."
MR. NADELHAFT: You wrote that.
ERIN FALATI: Yes.
MR. NADELHAFT: And "NP" stands for nurse practitioner?
ERIN FALATI: That's correct
MR. NADELHAFT: And you understand "Monroe T" stood for Monroe Tinker?
ERIN FALATI: Yes.
MR. NADELHAFT: Do you recall if Mr. Depp ever forgot to take any of his medication?
ERIN FALATI: At a specific time or ever?
MR. NADELHAFT: At any time when you were working with him.
ERIN FALATI: I would say, vaguely, yes.
MR. NADELHAFT: Ms. Falati, I'm showing you what's been marked as Exhibit 11 to your deposition, which is Falati 96 through 106.
MR. NADELHAFT: Do you see that?
ERIN FALATI: Yes.
MR. NADELHAFT: Do you recall -- and you recall receiving this text message, right?
ERIN FALATI: I have a vague memory of this.
MR. NADELHAFT: Do you recall if you spoke to Amber after you received this text message, or at any time after you received this text message, around May 21st, May 22nd, 2016?
ERIN FALATI: Are you saying phone call or just -
MR. NADELHAFT: Yeah, phone call.
ERIN FALATI: I don't really recall.
MR. NADELHAFT: It could have happened, you just don't recall one way or the other?
ERIN FALATI: I would agree with that.
MR. NADELHAFT: And you received this picture from Amber?
ERIN FALATI: That's correct
MR. NADELHAFT: What is this a picture of?
MR. NADELHAFT: I was just asking if you could scroll down.
MR. NADELHAFT: Could you rewind it just a little bit?
ERIN FALATI: Ms. Heard.
MR. NADELHAFT: And does the picture show redness under Ms. Heard's eyes?
ERIN FALATI: I'm not an expert, so - I mean, there's color on her face in different areas. I'm not sure what's what
MR. NADELHAFT: You received this first picture of Amber at 12:36 a.m., correct?
ERIN FALATI: That's the timestamp there.
MR. NADELHAFT: You received another picture at 12:36 a.m.?
ERIN FALATI: It appears so.
MR. NADELHAFT: And who do you see in that picture?
ERIN FALATI: Also Ms. Heard
MR. NADELHAFT: And you received a third picture of Amber at 12:36 a.m.?
ERIN FALATI: Yes, it appears so.
MR. NADELHAFT: And is that third picture of Amber?
ERIN FALATI: Yes, that's Ms. Heard.
MR. NADELHAFT: And you received a fourth picture of Amber at 12:36 a.m.?
ERIN FALATI: Yes.
MR. NADELHAFT: And just so it's clear, the fourth ,21 picture is of Amber, correct?
ERIN FALATI: That's correct.
MR. NADELHAFT: And you received that at 12:36 a.m.?
ERIN FALATI: Yes, that's the timestamp.
MR. NADELHAFT: And these are pictures of Amber's face, correct?
ERIN FALATI: Yes, that's a picture of her face and neck.
MR. NADELHAFT: Do you recall if you -- and you recall receiving those pictures?
ERIN FALATI: Like I said, I have a vague memory of this, but I don't specifically remember receiving this.
MR. NADELHAFT: Okay. Do you know if you reported these pictures or what Ms. Heard reported to you to Dr. Kipper?
ERIN FALATI: I would assume that if any information was presented to me, I would have contacted Dr. Kipper.
MR. NADELHAFT: And do you know how you would have ! contacted Dr. Kipper?
ERIN FALATI: No. Depending on the day/time, I would sometimes call, email, text. Q Do you recall if you wrote nurse notes for this incident?
ERIN FALATI: I don't recall.
MR. NADELHAFT: Do you want to look at Exhibit 2?
ERIN FALATI: That's the nursing notes?
MR. NADELHAFT: Yeah. Why don't we do that.
MR. NADELHAFT: So there's notes from May 11th, 2016.
MR. NADELHAFT: Do you see that?
ERIN FALATI: Yes.
MR. NADELHAFT: And then the next notes for May 26th, 2016?
ERIN FALATI: Yes.
MR. NADELHAFT: Okay. Do you know why you didn't include notes for May 21st, 2016?
ERIN FALATI: I don't know.
MR. NADELHAFT: And on May 26th, you wrote "Client texted RN requesting Ambien as she states she's suffering from insomnia due to stress and anxiety. Client reports 'having the hardest week of my life'.
MR. NADELHAFT: You wrote that?
ERIN FALATI: Yes.
MR. NADELHAFT: And you wrote 'Client states she cannot deal with the negative media publicity she has received surrounding the divorce she requested from her husband JD. Dr. Kipper notified. Ambien 10 milligrams, qhs prn ordered. Per Dr. Kipper, client encouraged to make appointment with Dr. Kipper in office to be assessed. Client did not respond.
MR. NADELHAFT: You wrote that?
ERIN FALATI: Yes.
MR. NADELHAFT: Ms. Falati, I'm showing you what's been marked as Exhibit 12 to your deposition, which is Falati 114 through 119.
MR. NADELHAFT: You can take a look through them. It appears to be notes of your -- of when you were Mr. Depp's nurse as opposed to Ms. Heard.
MR. NADELHAFT: Feel free to take a look.
ERIN FALATI: That's correct. I think these are Mr. - or excuse me, my nursing notes in relation to Mr. Depp.
MR. NADELHAFT: So "client," now, is Mr. Depp, correct?
ERIN FALATI: That's correct Because these nursing notes are in reference to Mr. Depp Yeah that's y correct
MR. NADELHAFT: Okay. And the nursing note for April 23rd, 2015, you wrote that "Dr. Kipper will introduce Rosalind Phillips to Debbie, RN and clients Amber and Johnny Depp. Debbie, RN will coordinate sessions with clients and Ms. Phillips." Do you know if Mr. Depp and Amber ever saw Rosalind Phillips?
ERIN FALATI: I don't know.
MR. NADELHAFT: And at Falati 117, it shows notes for ' June 7th, 2016, correct?
ERIN FALATI: That is correct.
MR. NADELHAFT: You wrote "The following medications 1115 were approved per Dr. Kipper to be given to the client," and then there's a list of medications. You wrote these notes, correct? ,18
ERIN FALATI: Yes, that's correct.
MR. NADELHAFT: And did you understand that Mr. Depp was taking those medications as of June 7th, 2016?
ERIN FALATI: Per this nursing note, it appears that he was taking these medications listed.
MR. NADELHAFT: And then there's a nursing note for June 26th, 2016. Do you see that?
ERIN FALATI: Yes.
MR. NADELHAFT: And it says, you wrote "Client is going through divorce with wife Amber Hand dealing with loss of his mother (passed away one month ago). Is Client was provided with a divorce request from wife AH three days after mother passed away." l O Do you see that?
ERIN FALATI: Yes.
MR. NADELHAFT: And you wrote that?
ERIN FALATI: Yes.
MR. NADELHAFT: So was it your understanding that Amber asked for the divorce?
ERIN FALATI: This note says that Mr. Depp was provided with divorce request from Ms. Heard. So it appears she was the one requesting the divorce.
MR. NADELHAFT: Right And you wrote next Client states he was not aware AH wanted divorce and expresses confusion regarding AH's desire to terminate marriage You wrote that
ERIN FALATI: Yes.
MR. NADELHAFT: And is that what Mr. Depp told you?
ERIN FALATI: I would assume if I wrote it in my notes.
MR. NADELHAFT: Then you wrote that "Client's divorce has been highly publicized and wife AH has accused him of several character damaging allegations, including domestic violence."
MR. NADELHAFT: You wrote that, correct?
ERIN FALATI: Correct.
MR. NADELHAFT: Was this -- did you write this based on information Mr. Depp provided you?
ERIN FALATI: I don't know. I would assume that I've had discussions with him regarding this, considering that this is a nursing note for Mr. Depp.
MR. NADELHAFT: Did Mr. Depp tell you that his character had been damaged as of June 2016?
ERIN FALATI: I don't recall. I have to go by what my note says here. So it alludes to that's something that he had discussed. _____________.
MR. NADELHAFT: And you see where you wrote "Client states he felt helpless previously but is now angry at AH and wants to clear his name."
MR. NADELHAFT: Mr. Depp told you that?
ERIN FALATI: Again, I don't recall for sure, but I would go back to my nursing notes because those were written more at the time, so I would assume that he and I discussed that.
MR. NADELHAFT: Okay. Farther down, you wrote "RN assisted client in processing feelings and encouraged client to continue utilizing individual therapy as he responds well to RN's use of therapeutic communications."
MR. NADELHAFT: Do you see that?
ERIN FALATI: Yes.
MR. NADELHAFT: And you wrote that, correct?
ERIN FALATI: Yes.
MR. NADELHAFT: Then you wrote "Client is resistant stating 'I don't want anyone like Amber's (wife) therapist. He has only made things worse'."
MR. NADELHAFT: Do you see that?
ERIN FALATI: Yes.
MR. NADELHAFT: And you wrote that?
ERIN FALATI: Yes.
MR. NADELHAFT: And where it quotes, "I don't want anyone like Amber's therapist. He has only made things worse," that's something Mr. Depp told you?
ERIN FALATI: Again, as I have it in quotations, I assume he made that statement.
ERIN FALATI: Little farther down, you wrote "Throughout RN's visit, client maintained attention and is actively participating in conversation. Client consumed three vodka drinks during RN's seven-hour visit. Client did not eat during visit and drank water only with several prompts from RN. RN educated client on possible interactions between prescribed medication and alcohol. Client verbalized understanding but I stated 'Right now I need a little alcohol for all the bad things I'm going through'." You wrote those lines?
ERIN FALATI: Yes.
MR. NADELHAFT: You'd say the document speaks best as to how many drinks Mr. Depp had? .,!
ERIN FALATI: Yes.
MR. NADELHAFT: And that Mr. Depp drank three vodka drinks during your visit?
ERIN FALATI: That's what my note says.
MR. NADELHAFT: Then you said "RN provided one-on-one emotional support and encouraged client to limit and/or abstain from alcohol and illicit drugs." ls i You wrote that?
ERIN FALATI: Yes.
MR. NADELHAFT: Do you recall why you told Mr. Depp to abstain from illicit drugs?
ERIN FALATI: No, but I did, and not just with Mr. Depp, but in my line of nursing, provide education, always, with any medication clients are on and contraindications.
MR. NADELHAFT: Do you know if Mr. Depp ever took any illicit drugs during the 2014 to 2016 time frame?
ERIN FALATI: I don't know. I didn't witness him using any illicit drug, so I can't speak to that.
MS. LECAROZ: Your Honor, at this point, the questioning switches over to questions by counsel for Mr. Depp.
THE COURT: Do we want to break here? Would that be a good breaking point?
MS. LECAROZ: That's all right with us, Your Honor.
THE COURT: Well, we will take it ten minutes early today, just because that seems like a good breaking point for this deposition. We still have a little ways on it.
THE COURT: So, let's go ahead and break for the evening. We will see you in the morning. Just do not discuss the case and do not do any outside research, all right? And we'll have the rest of this tomorrow morning, okay?
THE COURT: Thank you.
THE COURT: All right. So we'll see everybody at 10:00 tomorrow.
THE COURT: Thank you.
COURT BAILIFF: All rise.
COURT BAILIFF: PLAIN IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 3rd day of May, 2022. My Commission Expires: September 30, 2024
COURT BAILIFF: A NOTARY PUBLIC IN AND FOR THE COMMONWEALTH OF VIRGINIA T