Travis McGivern — Direct/Cross
427 linesCOURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: Good morning.
THE COURT: Do we have any preliminary matters before the jury?
THE COURT: Okay. Sure.10
THE COURT: Good morning.
MR. CHEW: I don't think this is I controversial. We just wanted to make sure that our experts could listen in today. I think the rule on witnesses do not apply to them
MS. BREDEHOFT: Correct. We agree to that.
THE COURT: You agreed to that? Okay. So listening in through my web --
THE COURT: Oh, they're in the courtroom
MR. CHEW: And then the second thing was just a housekeeping matter. Terrence Dougherty of the ACLUs testimony on Thursday, we ls wanted to make sure that his home address was redacted out when it goes to the website. because not much I can do about that.
THE COURT: Okay. Sure.
MR. ROTTENBORN: We have a couple exhibits.
THE COURT: Yes.
MR. ROTTENBORN: This is one. The one text from Tracey Jacobs to Ed White will be labeled as 874A.
THE COURT: 874A?
MR. ROTTENBORN: Yeah. That's the only one. I got to give it to the other side. And then the other two we owe you, but we'll come back to you on the tax returns, which they had given to us redacted.
THE COURT: Okay.
MR. ROTTENBORN: So we just gave it to them just to make sure it gets to you. And we think it was 639; it was the one with the check where we redacted out the account number, but we inadvertently had redacted out Ed White's signature, so we're going to redo that.
THE COURT: So I've got 874A. Thank you. Yes, sir.
MR. NADELHAFT: I believe Mr. Marks, Richard Marks, is coming today.
THE COURT: Okay.
MR. NADELHAFT: He's an expert witness. And to us, looking at his report, it seems to me that he is evading the province of the jury, that he is --
THE COURT: Do you mean Mr. Chew? Get the right attorney for this witness. She's attorney for the witness. I've got you. Okay. So Mr. Marks's expert designation?
MR. NADELHAFT: As I understand it, he's simply going to say that the op-ed caused Mr. Depp to lose Pirates 6, which just needs to be a factual question, and it seems to be -- and that his opinion is essentially taken like Disney --
THE COURT: He's an expert for...
MR. NADELHAFT: He's an expert for -- he's not talking about damages.
THE COURT: Okay.
MS. LECAROZ: He's talking about the impact of the op-ed --
THE COURT: Okay. Impact, okay. All right.
MS. LECAROZ: On Mr. Depp's career and reputation in the industry. That Hollywood -- he's an expert with over 45 years of experience.
MR. NADELHAFT: Essentially all he's saying is because of the op-ed, he lost --
THE COURT: He lost Pirates 6. Okay. So the question he has is what's his foundation for saying he lost Pirates, which is a factual question. He lost it because of the op-ed.
MS. LECAROZ: Right.
THE COURT: So how can he testify to that he lost it?
MS. LECAROZ: Understanding of the perception in the industry, of the timing of the op-ed, the placement of the op-ed, the impact it has had.
THE COURT: Okay.
MS. LECAROZ: And the ramifications in light of the #MeToo movement and his understanding sort of the --
THE COURT: And I understand all that. That's fine. But the question is is he going to actually say he lost it because of the op-ed? Is he going to say that?
MS. LECAROZ: He is. Yeah. I'
THE COURT: No, he's not going to say that.
MS. LECAROZ: Okay.
THE COURT: He can't say that. That's a factual issue, okay?
MS. LECAROZ: Okay. Uh-huh.
THE COURT: So but he can say that because of it, he lost revenue or whatever he's going to say.
MR. NADELHAFT: I don't think he can testify--
MS. LECAROZ: He's not calculating that out. He is just saying overall, that the placement of the op-ed, the time of the op-ed --
THE COURT: So his reputation is damaged is what he's testifying to, so reputation evidence?
MS. LECAROZ: Uh-huh.
THE COURT: Okay. He can say that.
THE COURT: All right. But he just can't say that was the reason he lost Pirates. I don't think he has any of that foundation. Does that make sense?
MS. LECAROZ: Okay. Understood, ma'am.
THE COURT: Okay. Thank you.
THE COURT: Are we ready for the jury?
THE COURT: All right. Good morning, ladies and gentlemen.
THE COURT: All right. You can have a seat. Your next witness.
MS. MEYERS: Your Honor, we call Travis McGivern by video link.
MS. BREDEHOFT: All right. Mr. McGivern, can you hear me?
THE WITNESS: I can.
THE COURT: All right. Can you do me a favor and just count to five for me so I can get you to pop up on my big screen here.
THE WITNESS: One, two, three, four, five.
THE COURT: All right. Now can you turn your camera on.
THE WITNESS: I thought it was on.
THE COURT: There we go. Yes, sir, now I can see you If you can raise your right hand, sir.
THE COURT: TRAVIS E. MCGIVERN, Being first duly sworn, was examined and testified as follows: Thank you, ma'am
MS. MEYERS: Good morning, Mr. McGivern.
TRAVIS MCGIVERN: Good rooming.
MS. MEYERS: Could you please state your full nam.': fur th:: record?
TRAVIS MCGIVERN: Travis Edward McGivern.
MS. MEYERS: And where do you currently live?
TRAVIS MCGIVERN: Los Angeles, California.
MS. MEYERS: Where are you testifying from today?
TRAVIS MCGIVERN: Los Angeles, California.
MS. MEYERS: What is your current occupation?
TRAVIS MCGIVERN: I am a security professional.
MS. MEYERS: And how long have you been a security I professional?
TRAVIS MCGIVERN: Roughly 16 years, a little over 16 years.
MS. MEYERS: Do you know the plaintiff in this case, Johnny Depp?
TRAVIS MCGIVERN: Yes, I do.
MS. MEYERS: How do you know Mr. Depp?
TRAVIS MCGIVERN: I've worked for Mr. Depp for a little over nine years.
MS. MEYERS: And what's your position for Mr. Depp?
TRAVIS MCGIVERN: Security professional, personal protection.
MS. MEYERS: When did you first start working for Mr. Depp?
TRAVIS MCGIVERN: March of 2013.
MS. MEYERS: And when did you first meet Mr. Depp?
TRAVIS MCGIVERN: Couldn't say for sure. Probably sometime around then, March or April 2013.
MS. MEYERS: What do you do as a member of Mr. Depp's security team?
TRAVIS MCGIVERN: Residential security, estate security if he's in LA. When he's in LA, if he wants to go anywhere, I'll take him wherever he wants to go.
TRAVIS MCGIVERN: I have protected his children before. Yeah, just basically ensure the safety and well-being of Mr. Depp and his family.
MS. MEYERS: And are you currently employed for Mr. Depp?
TRAVIS MCGIVERN: I am
MS. MEYERS: What other means of employment do you have?
TRAVIS MCGIVERN: So Mr. Depp's travel schedule is pretty regular. So when he's not in town, work slows down a little bit. So I have, actually, in the last six months, just under six months, picked up a full-time job working for another client.
MS. MEYERS: When you first started working for Mr. Depp, how often would you see him in person?
TRAVIS MCGIVERN: Hard to say. When he's in town, I saw him on a daily and/or nightly basis. I work nights, mostly. Obviously, when he's out of town, that changes. But, yeah, when he's in town, pretty much daily.
MS. MEYERS: When did you first meet Ms. Heard?
TRAVIS MCGIVERN: Again, I couldn't give you an exact date, but I would say sometime in 2013, maybe summer 2013.
MS. MEYERS: And when you were working for Mr. Depp, how often would you see Ms. Heard when they were in a relationship?
TRAVIS MCGIVERN: In the beginning, not very often. At one point, they moved to downtown LA to the Eastern Columbia Building and became a little more frequent.
MS. MEYERS: When Mr. Depp and Ms. Heard were staying at the Eastern Columbia Building together, how often would you actually be in their apartment with them?
TRAVIS MCGIVERN: That would vary depending on the situation, but a few times a week would be my best estimate. Again, it depended on what was going on, and there'd be nights where I wouldn't see them at all. There'd be nights where I would -- best estimate would be a few times a week.
MS. MEYERS: During that time did you have occasion to see Mr. Depp and Ms. Heard interacting with each other?
TRAVIS MCGIVERN: I did, yes.
MS. MEYERS: And how often would you estimate?
TRAVIS MCGIVERN: Oh, anytime I was in there, they were typically interacting. So I'd say a few times a week, several times a week.
MS. MEYERS: How would you describe the interactions between Mr. Depp and Ms. Heard?
TRAVIS MCGIVERN: Hmm, it would -- I mean they were -- it would depend. Sometimes they were super loving, super happy. And then, the next night they could be arguing and -- initially, when we first -- when I first started working down at the lofts, things were cool, more than -- more than moving forward. Things got a little more volatile moving in -- the longer they were there.
MS. MEYERS: When did you start hearing more arguments between Mr. Depp and Ms. Heard?
TRAVIS MCGIVERN: So I want to say that the end of 2014, they started staying do there pretty regularly. There were a few incidents where there were fights, but March 2015, when they came back from Australia, was when I really started to notice a change.
MS. MEYERS: And how often would you witness arguments or fights during that time?
TRAVIS MCGIVERN: From - in March? /6
MS. MEYERS: From March and thereafter.
TRAVIS MCGIVERN: So when they came back from Australia, Is the arguments were pretty regular. I wouldn't say nightly, but every other night, several times a -, O week, there would be arguments.
MS. MEYERS: And what did you observe in the arguments that you personally witnessed?
TRAVIS MCGIVERN: So it was typically I would come in, I'd be - I'd get a text from Mr. Depp. I would go to penthouse 3, which is where they stayed, either stayed by the door, as requested, or in the kitchen. And then - I mean, it was just verbal, verbal arguments, yelling. It was typically Mr. Depp wanting to get out of there. And so there was the trying to convince Ms. Heard to let us leave, and, yeah, I mean, lots of name-calling, lots of F-bombs, you know.
MS. MEYERS: And who was the name-calling directed at?
TRAVIS MCGIVERN: That was typically Ms. Heard directing her feelings towards Mr. Depp.
MS. MEYERS: And what do you recall Ms. Heard saying in those instances?
TRAVIS MCGIVERN: Oh, dear. It would vary. And to be honest, I tried to not pay attention. I was just there to get Mr. Depp out of there. But, you know, there were times I've heard Ms. Heard call him a "fucking deadbeat dad," if I can say that. I apologize to the Court. A - fucking washed up, fucking cunt. You name it, she spewed it.
MS. MEYERS: How would you describe your own interactions with Ms. Heard in the time that you worked for Mr. Depp?
MR. ROTTENBORN: Objection. Relevance.
THE COURT: What's the relevancy of his interactions?
MS. MEYERS: His interactions when he was involved in the -- when he was witnessing these altercations.
THE COURT: Well, if you want to, ask that question.
MS. MEYERS: How would you describe your interactions with Ms. Heard when you were present during an altercation between her and Mr. Depp?
TRAVIS MCGIVERN: For the most part, there wasn't really interaction. There was -- there were a few times where I was trying to get Mr. Depp away from the situation and Ms. Heard didn't like my involvement in the situation. And she, on one occasion, let me know how she felt about that.
MS. MEYERS: And what did she say to you in that instance?
TRAVIS MCGIVERN: Lot. It was a lengthy, one-sided conversation. But she basically demeaned my career choice, called me a fucking yes-man. And, honestly, there were parts of that where she, you know, she was like, "How would you feel if someone was involved in your relationship?" which I sympathize with. But, yeah, she definitely threw some shade on me and my chosen career.
MS. MEYERS: Now, you mentioned that the arguments between Mr. Depp and Ms. Heard increased when they returned from Australia in March 2015.
MS. MEYERS: When did you first see Ms. Heard when she returned from Australia?
TRAVIS MCGIVERN: So I picked Ms. Heard up from the airport on March 9th. Yeah, that was the first time I saw her when she got back.
MS. MEYERS: And who else was with her?
TRAVIS MCGIVERN: Gentleman named Ben King, who I later found out - I didn't know who he was initially but later found out he was the house manager or property estate manager of the place they were staying at in Australia.
MS. MEYERS: How would you describe Ms. Heard's demeanor when you picked her up at the airport?
TRAVIS MCGIVERN: She seemed normal, nothing out of the ordinary. She was pleasant. She was polite, like she usually was.
MS. MEYERS: How much time did you spend with Ms. Heard that day?
TRAVIS MCGIVERN: Not a lot, but at least the car ride from LAX to downtown LA, to the lofts; couldn't I tell you how long that took, but probably 45 minutes to an hour. I believe I escorted them, or helped them, up to penthouse 3 and was maybe in there for - very, very briefly, a minute or two, and then I left So overall, let's estimate an hour.
MS. MEYERS: And how close to you -- how close to Ms. Heard were you that day?
TRAVIS MCGIVERN: I mean, in the car, where I'm driving, she's in the seat right behind me to my right. So there's a few feet there. I think when I picked them up, I don't remember if I hugged her or not, but I know I probably grabbed some luggage, so I was within a few feet.
MS. MEYERS: And what time of day was it when Ms. Heard arrived at the airport?
TRAVIS MCGIVERN: Early afternoon. I want to say they landed at around 1:00 p.m.
MS. MEYERS: What, if any, injuries did you observe on Ms. Heard that day?
TRAVIS MCGIVERN: I didn't notice any injuries.
MS. MEYERS: When did you first see Mr. Depp when he returned from Australia in March 2015?
TRAVIS MCGIVERN: I don't know, to be honest. I know it was after Ms. Heard came, but I couldn't give you an exact date.
MS. MEYERS: And what, if any, injuries did you observe on Mr. Depp when he returned from 1 7 Australia?
TRAVIS MCGIVERN: So Mr. Depp had his hand, his right hand, heavily wrapped. I didn't actually see an injury, but his hand was wrapped
MS. MEYERS: Now, you mentioned that the arguments between Mr. Depp and Ms. Heard increased after they returned from Australia. What arguments do you recall specifically?
TRAVIS MCGIVERN: One in particular stands out. March 23rd, a couple weeks after they got back, there was an incident in penthouse 5 that I recall.
MS. MEYERS: And when did you start your shift that day?
TRAVIS MCGIVERN: 11:00 p.m. was typically my start time.
MS. MEYERS: And where were you on your shift?
TRAVIS MCGIVERN: So we -- at the lofts, there was kind of a makeshift command post, CP or guard shack or whatever it's called, that was in a storage room connected to_ penthouse 5 via a patio.
TRAVIS MCGIVERN: So you'd leave penthouse 5, go to a patio, and then our CP was connected to that patio. That's typically where we'd hang out during our shifts.
MS. MEYERS: And what time were you first contacted
TRAVIS MCGIVERN: Again, I can't say precisely, but between 4 and -- probably around 4:00 a.m., 4:30, maybe.
MS. MEYERS: And what did you do after Mr. Depp contacted you?
TRAVIS MCGIVERN: So when he -- he texted me, and I was downstairs. I don't remember exactly what I was doing, either getting some air, stretching my legs, or grabbing some food. But I remember getting the text. I wasn't in the CP when I got the text. He requested I meet him at penthouse 5 and requested that I bring the nurse, his nurse that was working at that time with him
MS. MEYERS: What was her name?
TRAVIS MCGIVERN: Debbie Lloyd.
MS. MEYERS: Okay. And so, what did you do -- did you go get Ms. Lloyd?
TRAVIS MCGIVERN: I did. So, Ms. Lloyd was staying at a hotel close by, probably not a half block away. And being that I was already down there, I felt 4 in the morning, I wasn't going to, and Mr. Depp wouldn't have wanted me to, have her walk by herself. But I wasn't going to go get the truck either - since I was down there already. So I walked over to the hotel. I believe I called the nurse, just to make sure she woke up. And then I walked to the hotel and I met her there.
TRAVIS MCGIVERN: We walked over together to the Eastern Columbia Building. In the lobby we ran into Ms. Heard. She was at the front desk, talking to security or concierge; I'm not sure who. Ms. Lloyd stayed downstairs with Ms. Heard. I proceeded upstairs to meet Mr. Depp at penthouse 5, as requested, was hoping to get him out of there before Ms. Heard came back up, just because of past --
MS. MEYERS: Sorry. Why was that?
TRAVIS MCGIVERN: Just because past experiences when they would argue, she would try to prevent us from leaving to the point -- I mean, she's held the elevator before. She's physically tried to keep Mr. Depp from leaving by grabbing his arm or stand in front of him. I just wanted to get out of there to avoid that.
MS. MEYERS: And what happened when you got upstairs to the penthouse?
TRAVIS MCGIVERN: So Mr. Depp was sitting in front of the front door of penthouse 5. He had some bags, I believe, like he was ready to go. I greeted him, kind of got a feel for what was going on, tried to get him out of there. As we were getting ready to leave, Ms. Heard and Ms. Lloyd exited the elevator on the penthouse level, so they came back up. And Mr. Depp and Ms. Heard decided they wanted to ,21 continue whatever conversation they were having. So I let them into penthouse 5. Myself, I Ms. Lloyd, Mr. Depp, and Ms. Heard entered penthouse 5.
TRAVIS MCGIVERN: I tried to stay out of their conversations as long as they were peaceful. So they were having a relatively peaceful conversation, so Ms. Lloyd and I stood outside the door of penthouse 5, had the door propped open to Is make sure we can hear what was going on, but kind of giving them their space, initially.
MS. MEYERS: And you said "initially."
MS. MEYERS: What happened after that?
TRAVIS MCGIVERN: So the conversation got a little louder, got a little more volatile. So Ms. Lloyd and myself entered penthouse 5, just to be around to hopefully be able to not necessarily mediate, but just to be there. So, yeah, entered, stood a little closer to Mr. Depp.
MS. MEYERS: And what did you observe when you went I back into the penthouse?
TRAVIS MCGIVERN: So the argument continued. There were moments of kind of normal conversation, peaceful I conversation, but then there were also moments of yelling and anger from both of them. And at some point, I witnessed Ms. Heard throw a Red Bull can. So the loft was three levels. Mr. Depp was down at the lower level, which is the kitchen area; there's a middle level, which is -- was turned into an office for Ms. Heard; and then the upper level was where the bedrooms were, but they were turned into a closet, basically, for Ms. Heard, at that time.
TRAVIS MCGIVERN: Ms. Heard and her sister, at that time, Whitney, had come in. They were both on the middle level, the office level. And I saw Ms. Heard throw a Red Bull can from her position that struck Mr. Depp in the back.
MS. MEYERS: Anything else that you recall?
TRAVIS MCGIVERN: At that point, I moved closer to Mr. Depp. I didn't care that I was in the middle of their conversation at that point. I didn't want my client getting hit with anything else.
TRAVIS MCGIVERN: So I stood right by Mr. Depp. The verbal onslaught continued from both of them. Mr. Depp was giving as good as he got at that point. He was angry and agitated.
TRAVIS MCGIVERN: At one point Ms. Heard threw something else, either a purse or some sort of bag or something that she had up there. I was able to knock it away so it didn't hit him.
TRAVIS MCGIVERN: At one point she spit at him. Yeah, a.nd just a lot of - a lot of verbal, vitriol from both of them.
MS. MEYERS: What do you remember Ms. Heard saying to Mr. Depp on this occasion?
TRAVIS MCGIVERN: Jeez. Anything and everything. Specifically, there was the "you're fucking washed up. You're a fucking cunt," which he called her as well. You're, again, the deadbeat dad shit.
TRAVIS MCGIVERN: Yeah, I don't even remember what the fight was about, but it was - it was pretty- the F-word is my favorite word, and it was being thrown around to the point where I was uncomfortable, so ...
MS. MEYERS: And how did Mr. Depp respond to Ms. Heard's behavior?
TRAVIS MCGIVERN: Oh, he was mad. He was upset, I especially after she tried to spit on him. At one point Ms. Heard and her sister left penthouse 5. I imagine they went into penthouse 4 or possibly over to penthouse 3; I don't know. They were all adjoining.
TRAVIS MCGIVERN: Mr. Depp went upstairs and rearranged her closet for her, threw down probably every rack of clothing and shoes, threw one -- at least one downstairs. Yeah, he was upset.
MS. MEYERS: Where was Ms. Heard when Mr. Depp , 11 "rearranged her closet," as you said?
TRAVIS MCGIVERN: Can't say for sure, but she was not in penthouse 5. She was either in 4 or 3.
MS. MEYERS: And you mentioned Ms. Beard's sister, Whitney. Do you recall when she arrived in the evening?
TRAVIS MCGIVERN: So Whitney wasn't there when we first all walked into penthouse 5. When Ms. Lloyd and I stepped out to give them some space, she must have -- excuse me -- she must have come in at some point because she was in there when we got -- when we walked back in.
MS. MEYERS: Did you see Ms. Heard again that evening after Mr. Depp was in her closet?
TRAVIS MCGIVERN: I did, yeah. She must have heard what was going on and not been too pleased, so she, shortly after, reentered penthouse 5 as I was trying to get Mr. Depp out of there.
MS. MEYERS: And what happened after that point?
TRAVIS MCGIVERN: So her and her sister both came back in. We were on the middle level, so her office level of penthouse 5, at that point. She was agitated. Mr. Depp was agitated. I felt it was time to get Mr. Depp out of the situation, so I stepped in between Ms. Heard and Mr. Depp, telling Mr. Depp that we were leaving and that it wasn't up to him anymore.
TRAVIS MCGIVERN: At that point, out of the comer of my eye, I saw a fist and an arm come across my right shoulder, and I heard and saw a closed fist contact Mr. Depp in the left side of his face.
MS. MEYERS: And whose fist was that?
TRAVIS MCGIVERN: That was Ms. Heard's fist, Amber Heard's fist.
MS. MEYERS: And where was Whitney when this occurred?
TRAVIS MCGIVERN: Can't say for sure, but I'm guessing - or my best guess is behind Amber.
MS. MEYERS: How did Mr. Depp respond when he was punched?
TRAVIS MCGIVERN: The initial look on his face kind of mirrored mine, kind of a look of shock, like "What just happened? Where did that come from?" At that point, I wasn't going to let Mr. Depp get hit anymore, so I moved him down the last flight of stairs to the lower level and told him, "We're leaving," like it wasn't up to him anymore, just for his safety. I didn't - again, I had let him get hit by a Red Bull can. I let him get punched My job is to ensure the safety and well-being of my clients, and I felt like I hadn't done that. So it was my time to do my job and get him out of there.
MS. MEYERS: And so where did you go?
TRAVIS MCGIVERN: So Ms. Heard and her sister left penthouse 5. Again, I don't know where they went but I'm assuming they went through penthouse 4, or either in 4 or 3. Mr. Depp was not pleased with me, naturally. He went into the bathroom for a couple minutes. Ms. Lloyd talked to him, and they came out and agreed that it was time to leave.
TRAVIS MCGIVERN: So as we were leaving the front door, Mr. Depp got right in my face. He was wearing sunglasses and -- maybe not sunglasses. He was wearing glasses, pulled them down, pointed to the left side of his face, and told me, "That's your fault."
TRAVIS MCGIVERN: And I agreed. And then we proceeded to the vehicle and we left the lofts.
MS. MEYERS: What did you see on the left side of Mr. Depp's face?
TRAVIS MCGIVERN: There was already a nice little -- a nice little shiner, definitely swollen and red. It wasn't black and blue yet, but it was definitely swollen and red.
MS. MEYERS: At any point during this incident, did Mr. Depp throw anything at Ms. Heard?
TRAVIS MCGIVERN: No.
MS. MEYERS: At any point, did Mr. Depp throw anything at anyone?
TRAVIS MCGIVERN: No.
MS. MEYERS: At any time during this incident, did Mr. Depp physically respond to Ms. Heard.
TRAVIS MCGIVERN: No.
MS. MEYERS: Do you recall Ms. Heard's birthday party in April of 2016?
TRAVIS MCGIVERN: I do.
MS. MEYERS: Mr. McGivern, during the incident we just discussed on March 23rd, what did Mr. Depp have on his right hand?
TRAVIS MCGIVERN: So he had the same bandage that he had when he arrived from Australia. So it was heavily wrapped, yeah, a heavily wrapped bandage. I don't know what was underneath, but it was definitely wrapped.
MS. MEYERS: Do you recall whether it was a hard or a soft cast?
TRAVIS MCGIVERN: I do not.
MS. MEYERS: Okay. Now, moving forward to , Ms. Beard's birthday party in April 2016, were you I 1 present at that dinner party?
TRAVIS MCGIVERN: I was not.
MS. MEYERS: Okay.
TRAVIS MCGIVERN: I started my shift, again, around 11:00 p.m. The party was going on in penthouse 5. I don't typically take part in get-togethers, so I think I probably hung out in the CP. Shortly after I got there, the party kind of wended down. I believe Mr. Depp got there -- he was late, so I think he got there shortly after I started my shift. He went into penthouse 5. Again, the party wound down shortly thereafter, and then, as far as I know, Mr. Depp and Ms. Heard went back to penthouse 3 shortly thereafter.
MS. MEYERS: Did you see Mr. Depp again that evening?
TRAVIS MCGIVERN: That morning I did, early that morning, yeah -- or the following morning. Again, I got a text, my best guess is around the same time, 4. There were so many incidences, they're hard to keep straight -- but probably around 4 or 5 that morning, requesting my presence in penthouse 3.
MS. MEYERS: And how did -- what did you do after you received that text message?
TRAVIS MCGIVERN: Entered, went to penthouse 3.
MS. MEYERS: And what did you observe when you went to penthouse 3?
TRAVIS MCGIVERN: Again, a verbal argument. I think it was made clear that some phones had been thrown off -- thrown out the window or something, down to Broadway.
TRAVIS MCGIVERN: Mr. Depp was, again, ready to leave, to get out of the situation. He had a couple bags over his shoulders, wanted to grab a few valuables that we always used to grab when this happened, some framed letters from either Hunter S. Thompson or Marlon Brando. Yeah, and then I believe we left. I think I got him out of the situation again.
TRAVIS MCGIVERN: We did look for the phone, briefly, I think, on our way back to West Hollywood. But my main concern was getting him away from the situation, so I didn't find the phone. And then we proceeded back to his Sweetzer property.
MS. MEYERS: What do you recall about Ms. Beard's demeanor that evening when you saw her?
TRAVIS MCGIVERN: Nothing out of the ordinary, nothing that - I mean, they were arguing like usual in those circumstances, but nothing pops out.
MS. MEYERS: What, if any, injuries did you observe on Ms. Heard that evening?
TRAVIS MCGIVERN: I didn't notice any injuries.
MS. MEYERS: In your time working for Mr. Depp, have you ever seen Mr. Depp physically abuse Ms. Heard?
TRAVIS MCGIVERN: I have not.
MS. MEYERS: Now, you mentioned a couple occasions. How many times have you witnessed Ms. Heard be physically abusive toward Mr. Depp?
TRAVIS MCGIVERN: Obviously, the March 23rd thing in penthouse 5. Physically abusive? I don't know how to define that, but I have seen her physically try to prevent him from leaving before, so grabbing his arms, standing in front of him, pushing him. Yeah. Again, I don't know if that's physically abusive, but I've definitely seen her touch him on multiple occasions.
MS. MEYERS: Have you ever observed Mr. Depp use any I drugs?
MS. MEYERS: Is use?
TRAVIS MCGIVERN: Are you talking non-prescription drugs? I have. And what drugs have you seen Mr. Depp b
MS. MEYERS: Yes.
TRAVIS MCGIVERN: Marijuana and cocaine.
MS. MEYERS: How many times have you seen Mr. Depp use marijuana?
TRAVIS MCGIVERN: Too many to count. I mean, daily.
MS. MEYERS: And how many times have you seen 113 Mr. Depp use cocaine?
TRAVIS MCGIVERN: Couple. Two.
MS. MEYERS: How would you describe Mr. Depp's I demeanor when he's using marijuana?
TRAVIS MCGIVERN: Chill, for lack of a better word. Mellow. Yeah, I don't know how to better describe it, just super mellow.
MS. MEYERS: And how would you describe Mr. Depp's demeanor when you've seen him use cocaine?
TRAVIS MCGIVERN: The same. I've seen him use it, like actual seen him use it, a few times. I've known of him using it other times, and I feel like it levels him out. Yeah, I haven't noticed any difference when he's used it.
MS. MEYERS: Have you observed Mr. Depp consume alcohol?
TRAVIS MCGIVERN: Absolutely.
MS. MEYERS: And how many times?
TRAVIS MCGIVERN: Like marijuana, too many to count. Pretty regular.
MS. MEYERS: And on how many of those occasions did Mr. Depp appear to be drunk?
TRAVIS MCGIVERN: It would depend on what you mean by "drunk," but not many. The only time I would say, I've seen Mr. Depp drunk was when he would fall asleep on the couch sitting up with his boots on. Other than that, Mr. Depp handles his liquor very well.
MS. MEYERS: How would you describe Mr. Depp's demeanor when you've seen him consume alcohol?
TRAVIS MCGIVERN: No different than any other time. Again, super chill, super mellow, yeah.
MS. MEYERS: Have you ever witnessed Ms. Heard consume alcohol?
TRAVIS MCGIVERN: I have.
MS. MEYERS: How many times would you estimate?
TRAVIS MCGIVERN: Again, too many to count. She drank fairly regularly, so I couldn't even give you a guesstimate.
MS. MEYERS: On how many of those occasions did you observe Ms. Heard behaving drunk?
TRAVIS MCGIVERN: Can't say I've -- other than the incident on March 23rd, where I didn't see her drinking but I assumed based on her behavior, she was drunk, other than that, I can't say I've ever seen her obviously drunk in my eyes.
MS. MEYERS: I have no further questions.
THE COURT: All right.
MR. ROTTENBORN: Thank you.
THE COURT: Yes, sir.
MR. ROTTENBORN: Good morning, Mr. McGivern.
MR. ROTTENBORN: Good morning, sir. So you said you've worked for Mr. Depp for about nine years, right?
TRAVIS MCGIVERN: Correct.
MR. ROTTENBORN: And he hasn't been in town recently, so you have another job.
MR. ROTTENBORN: Is that what you said?
TRAVIS MCGIVERN: Yes.
MR. ROTTENBORN: But you still consider yourself an employee of his even today, correct?
TRAVIS MCGIVERN: I do.
MR. ROTTENBORN: And when you do work for Mr. Depp, he pays your salary, right?
TRAVIS MCGIVERN: Not on salary. He pays my wage, yes.
MR. ROTTENBORN: Okay. He pays the money that you make for working for him?
TRAVIS MCGIVERN: Correct.
MR. ROTTENBORN: And you've referred to him a few times during your testimony this morning as "your client"; is that right?
TRAVIS MCGIVERN: Yes.
MR. ROTTENBORN: So when you're working security for Mr. Depp, it's Mr. Depp and Mr. Depp alone that is your client, correct?
TRAVIS MCGIVERN: That is not correct.
MR. ROTTENBORN: Well, in the altercation that you testified about with Ms. Heard and Mr. Depp, you referred to only Mr. Depp as your client, that it was your job to keep your client safe.
MR. ROTTENBORN: Do you remember that?
MS. MEYERS: Objection. Compound.
THE COURT: I'll allow that.
THE COURT: Go ahead.
TRAVIS MCGIVERN: I do.
MR. ROTTENBORN: So at least in that instance, he was your client, not Ms. Heard, correct?
TRAVIS MCGIVERN: Correct.
MR. ROTTENBORN: Now, the evening of March 23rd, 2015, you actually walked into the middle of the argument with Debbie Lloyd, correct?
TRAVIS MCGIVERN: Yes.
MR. ROTTENBORN: So you testified earlier that you were I downstairs, and Ms. Heard was downstairs in the lobby and you had gotten Ms. Lloyd. But that's I! actually not accurate, is it?
TRAVIS MCGIVERN: To the best of my recollection, that is correct.
MR. ROTTENBORN: In fact, when you and Ms. Lloyd entered I penthouse 5, Amber and Mr. Depp were already in I 8 there having a verbal argument, correct?
TRAVIS MCGIVERN: That is not correct.
MR. ROTTENBORN: May I approach, Your Honor?
THE COURT: All right. Yes, sir. Thank you.
MR. ROTTENBORN: Mr. McGivern, do you see a document on the screen in front of you entitled "Witness Statement of Travis McGivern"?
TRAVIS MCGIVERN: I do.
MR. ROTTENBORN: And you -- well, let me ask you this: Is that your address below?
TRAVIS MCGIVERN: The document's pretty small. Is there any way for me - oh, there you go. Yes, it is.
MR. ROTTENBORN: And that's where you currently live?
TRAVIS MCGIVERN: Hang on one second. I'm sorry. That is a PO box.
MR. ROTTENBORN: Okay. Is that yours?
TRAVIS MCGIVERN: It is.
MR. ROTTENBORN: Now this is a witness statement that you prepared on behalf of Mr. Depp in the U.K. trial, correct?
TRAVIS MCGIVERN: Yeah. The statement went away - oh, there it is.
MR. ROTTENBORN: Do you see it?
TRAVIS MCGIVERN: Yes, it is.
MR. ROTTENBORN: And who drafted this statement?
TRAVIS MCGIVERN: Myself along with an attorney, I don't remember exactly who.
MR. ROTTENBORN: Was it Adam Waldman?
TRAVIS MCGIVERN: At that point, I don't believe it was, no.
MR. ROTTENBORN: If you go to paragraph 5, please, on the second page, and you understood when you wrote this statement that this was going to be submitted to the court in the U.K. trial that Mr. Depp brought and that this was your testimony on behalf of Mr. Depp, correct?
TRAVIS MCGIVERN: Yes.
MR. ROTTENBORN: And about two-thirds of the way through paragraph 5, there's a sentence that says, "When Ms. Lloyd and I entered his residence, Ms. Heard and Mr. Depp were having a verbal argument."
MR. ROTTENBORN: Is that correct, that I read that right?
TRAVIS MCGIVERN: That is, yes.
MR. ROTTENBORN: So that doesn't say anything about you meeting Ms. Heard in the lobby of the Eastern Columbia Building, does it?
TRAVIS MCGIVERN: No, it does not.
MR. ROTTENBORN: And when you entered the penthouse, you can't recall the specifics of what the argument was about, correct?
MR. ROTTENBORN: Take that down.
TRAVIS MCGIVERN: Not, like, what they were fighting about? Absolutely - no, I don't.
MR. ROTTENBORN: And you don't know anything about what caused the argument in the first place, correct?
TRAVIS MCGIVERN: I do not.
MR. ROTTENBORN: But you do remember Mr. Depp being very angry, right?
TRAVIS MCGIVERN: I remember both of them being very angry, yes.
MR. ROTTENBORN: And you say that he gave as good as he got when it came to what they were saying to each other, right?
TRAVIS MCGIVERN: Yes.
MR. ROTTENBORN: You said they were both being verbally O abusive to one another?
TRAVIS MCGIVERN: Yes.
MR. ROTTENBORN: And you testified that at some point, Ms. Heard -- Ms. Heard was on the mezzanine level, right, the level of her office, so kind of the I 1 s middle level of the penthouse?
TRAVIS MCGIVERN: That's correct.
MR. ROTTENBORN: And Mr. Depp was on the lower level, correct, when you entered the penthouse?
TRAVIS MCGIVERN: So when Ms. Lloyd and I reentered the penthouse, yes, that's where they were.
MR. ROTTENBORN: And you weren't preventing Mr. Depp from leaving at any time, correct?
TRAVIS MCGIVERN: Preventing him from leaving? I was encouraging him to leave.
MR. ROTTENBORN: And he could have, when he was on that lower level of the penthouse, he could have left at that point, correct? You wouldn't have . prevented that?
TRAVIS MCGIVERN: No, I would not have. j 8
MR. ROTTENBORN: And, but instead, at some point he walked up to the mezzanine, and as you say, he rearranged Ms. Heard's closet, right?
TRAVIS MCGIVERN: That wasn't on the mezzanine level; that was on the top level. But, yeah, he rearranged the closet.
MR. ROTTENBORN: So he traveled up two levels in the penthouse to throw down every rack of clothing that she had, right?
TRAVIS MCGIVERN: I don't know about every rack, but he definitely threw down some racks of clothes and shoes.
MR. ROTTENBORN: Okay. I believe you said every rack, so that's why I was just asking you to confirm that. You have said he threw a rack down the stairs, correct?
TRAVIS MCGIVERN: Yes.
MR. ROTTENBORN: And then at that point, he went back downstairs?
TRAVIS MCGIVERN: To the mezzanine level, yes.
MR. ROTTENBORN: Now, that wasn't the only time you learned of Mr. Depp causing damage in penthouse 5, correct?
TRAVIS MCGIVERN: Couldn't say for sure. Nothing - nothing's coming to mind.
MR. ROTTENBORN: He had -- you said he had something on his hand from his injury that he sustained in Australia, right?
TRAVIS MCGIVERN: Yes. His hand was wrapped.
MR. ROTTENBORN: Now, you weren't in Australia with Mr. Depp and Ms. Heard, correct?
TRAVIS MCGIVERN: I was not.
MR. ROTTENBORN: Okay. And what he had on his hand could have been a hard cast, correct?
TRAVIS MCGIVERN: Sure. I have no idea what was under the wrap.
MR. ROTTENBORN: And isn't it true that while he was on the mezzanine level and Ms. Heard and her sister were there, that he was reaching for Amber's hair while he was trying to hit her with that cast, correct?
TRAVIS MCGIVERN: That is not correct.
MR. ROTTENBORN: And you say that you can't say for sure where Whitney was standing on the mezzanine level during this altercation, correct?
TRAVIS MCGIVERN: That is correct.
MR. ROTTENBORN: And it's possible that she was standing in between Mr. Depp and Ms. Heard then, correct?
TRAVIS MCGIVERN: No.
MR. ROTTENBORN: Well, you say you can't say for sure where she was standing. So she could have been standing in between Mr. Depp and Ms. Heard, right?
TRAVIS MCGIVERN: No. Because I stepped in between Ms. Heard and Mr. Depp. So she definitely wasn't standing in between them.
MR. ROTTENBORN: Well, in fact, you saw Mr. Depp push or shove Whitney Heard, correct?
TRAVIS MCGIVERN: Absolutely not.
MR. ROTTENBORN: And it was only after Mr. Depp pushed Whitney that Amber stepped forward and punched him in the face; isn't that right?
TRAVIS MCGIVERN: That is not correct.
MR. ROTTENBORN: Now, moving on to April 2016, you weren't there for the party, you said, correct?
TRAVIS MCGIVERN: I arrived - I started my shift while the party was going on.
MR. ROTTENBORN: But you weren't in with the partygoers, you said, right?
TRAVIS MCGIVERN: That's correct; I was not.
MR. ROTTENBORN: And you said at some point Mr. Depp and Ms. Heard went back to penthouse 3. But you have no idea what went on between them in penthouse 3 while you weren't there, correct?
TRAVIS MCGIVERN: I do not.
MR. ROTTENBORN: And you said that you gave security services to Mr. Depp primarily in Los Angeles; is that right?
TRAVIS MCGIVERN: Yes. A little bit of travel, but mostly in LA.
MR. ROTTENBORN: Okay. Where did you travel to?
MR. ROTTENBORN: O ay. W e e d d you t ave to?
TRAVIS MCGIVERN: Vegas. Up north we did a road trip,
TRAVIS MCGIVERN: Kind of. They called it their honeymoon, so Napa, San Francisco, Big Sur, San Jose, those are all with Ms. Heard. I've taken Mr. Depp to China before.
MR. ROTTENBORN: Okay.
TRAVIS MCGIVERN: Yeah, bunch of local stuff, Palm Springs, Santa Barbara, stuff like that.
MR. ROTTENBORN: You weren't on a plane flight from .10 Boston to Los Angeles with Mr. Depp and Amber in ! May 2014, correct?
TRAVIS MCGIVERN: I was not.
MR. ROTTENBORN: And you weren't at the Hicksville Trailer Palace in May or June of 2013, correct, with them?
TRAVIS MCGIVERN: I was not.
MR. ROTTENBORN: You were never in the Bahamas with them, including in August 2014, correct?
TRAVIS MCGIVERN: I was not.
MR. ROTTENBORN: You were not in the Bahamas with them in December of 2015, correct?
TRAVIS MCGIVERN: I was not.
MR. ROTTENBORN: You were not in Tokyo with them in January of 2015, correct?
TRAVIS MCGIVERN: I was not
MR. ROTTENBORN: You were not in the Eastern Columbia Building with them on the evening of December 15th, 2015, correct?
TRAVIS MCGIVERN: I don't know.
MR. ROTTENBORN: To the best of your recollection?
TRAVIS MCGIVERN: Yeah, if they were at the lofts, I typically worked every night, but nothing about December 15th is popping into my head.
MR. ROTTENBORN: Okay. And you definitely were not in the Eastern Columbia Building with them on the night of May 21st, 2016, were you?
TRAVIS MCGIVERN: I was not.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Nothing further. Thank you, Mr. McGivern.
THE COURT: All right. Redirect?
MS. MEYERS: No, Your Honor.
THE COURT: All right. Is this witness subject to recall?
MS. MEYERS: Yes, Your Honor.
THE COURT: Mr. McGivern, you're subject to recall, so just to let you know, you're still subject to the rule of witnesses. So you cannot talk to anybody about your testimony or watch any of the proceedings of this case, okay, sir?
TRAVIS MCGIVERN: Understood, ma'am
THE COURT: All right. Thank you. Have a good day.
TRAVIS MCGIVERN: You do the same. Thank you.
THE COURT: Thank you.