Depp v. Heard Trial Day
◀ Day 12 Depp v. Heard Day 14 ▶

Day 13 · Dawn Hughes & Others

Judge Penney Azcarate · Depp v. Heard · 7 proceedings · 1,868 utterances

Day 13 of 27
Appearing:

Day 13 concluded plaintiff's case — including a contested $40M damages figure — then the defense opened with Dr. Dawn Hughes diagnosing Heard with PTSD caused by Depp's intimate partner violence.

tense financial-damagesexpert-testimonydomestic-violencesubstance-abusemental-healthprocedural
Full day summary

Day 13 began with the conclusion of nurse Erin Falati's examination, as Depp's attorneys used her own nursing notes to establish that Heard self-reported bipolar disorder, cocaine history, and simultaneous polydrug use at Coachella weeks before the May 2016 penthouse incident. Forensic accountant Michael Spindler presented a $40.3M lost earnings figure attributing $20.25M to the lost Pirates 6 role and approximately $20M to reduced non-franchise bookings, but cross-examination exposed assumed causation, exclusive reliance on an oral agreement for the largest component, and use of Depp's anomalous peak year as the baseline. Plaintiff then rested his case-in-chief, prompting a defense motion to strike on three grounds; Judge Azcarate denied the motion as to statements 2 and 3 and took statement 1 under advisement, confirming sufficient evidence for the jury. Heard's forensic psychologist Dr. Dawn Hughes opened the defense case with a 29-hour evaluation diagnosing Heard with PTSD caused by Depp's intimate partner violence, directly rebutting Dr. Curry's malingering finding and laying the expert foundation for Heard's defense and counterclaim.

Jessica Meyers
“Client admits to illicit drug use during the trip and states she ingested mushrooms and MDMA simultaneously while also consuming alcohol and states she vomited and was 'high' for a…”
Falati's nursing note, read verbatim into the record, documents Heard's own admission of simultaneous polydrug and alcohol use at Coachella in April 2016 — weeks before the May 2016 penthouse incident central to the case.
Michael Spindler
“Well, that's grand total. That's the sum of those two components for total lost earnings of $40.3 million.”
Spindler's final damages figure from the published chart — higher than the $30M stated orally earlier — gave the jury a concrete expert-supported number for Depp's economic harm from the op-ed.
Penney Azcarate
“The weight of that evidence is up to the fact-finders, so the motion to strike is denied as to statement 2 and 3.”
The pivotal procedural ruling of the day: two of three defamation claims survive the defense motion to strike, confirming sufficient evidence for the jury and formally closing the plaintiff's case.
Dawn Hughes
“Ms. Heard's report of intimate partner violence, and the records that I reviewed, is consistent with what we know in the field about intimate partner violence, characterized by phy…”
Hughes's primary expert opinion — the central conclusion her entire direct examination builds toward — providing the expert foundation for Heard's defense and directly countering Depp's narrative.
Video thumbnail for Cross Examination of Erin Falati 7h 5m
Watch this day Cross Examination of Erin Falati Witness: Erin Falati Play from the start →

Erin Falati — Cross/Redirect

Cross and redirect of Heard's nurse Falati: Depp's counsel mines her nursing notes; Heard's counsel authenticates May 21, 2016 photos.

Cross
Erin Falati Jessica Meyers
299 utt.

Meyers walked Falati through nursing notes, establishing Heard's self-reported cocaine and alcohol abuse, bipolar disorder, and codependence. Falati documented no injuries when she met Heard after Australia in March 2015. A Dr. Kipper email directed Falati to give Heard an excuse to stay away from Depp post-Australia. Falati confirmed Heard had a bloody lip in December 2015 but could not visualize described scalp bruising. Heard admitted to illicit drug use at Coachella and on May 9, 2016.

Redirect
Erin Falati Adam Nadelhaft
21 utt.

Adam Nadelhaft redirected Erin Falati on photos Heard texted her on May 21, 2016, and the December 17, 2015 penthouse visit. Falati confirmed Heard sent multiple photos that day. On the December visit, Falati estimated staying an hour or two inside the penthouse but could not recall whether Heard was wearing makeup.

+2 procedural segments

Michael Spindler — Direct/Cross/Redirect

Spindler's complete damages testimony: direct presenting the $40.3M lost-earnings figure, cross impeaching its assumptions, and a brief redirect.

Direct
Michael Spindler Wayne Dennison
102 utt.

Forensic accountant Michael Spindler was qualified as an expert without objection and presented a two-part lost earnings analysis for Depp. He stated an oral conclusion of approximately $30M before a demonstrative chart (Exhibit 1240) was published to the jury showing a higher total. The chart broke down $20.25M net from the lost Pirates 6 role (based on Whigham's testimony) and ~$20M net from reduced non-franchise bookings versus the 2017 baseline, for a grand total of $40,318,237.

Cross
Michael Spindler J. Benjamin Rottenborn
174 utt.

Rottenborn cross-examined economic damages expert Michael Spindler, establishing that the analysis assumes but does not prove the op-ed caused Depp's losses. Spindler admitted he relied entirely on Jack Whigham's testimony for the $22.5M Pirates 6 figure, with no contract in evidence and Disney reportedly noncommittal before the op-ed. Rottenborn showed that 2017 — the chosen base year — was atypically high, and that Depp earned more in post-op-ed 2020 than in pre-op-ed 2016 and 2018.

Redirect
Michael Spindler Wayne Dennison
12 utt.

Dennison conducted a brief two-question redirect addressing the cross-examination's challenges to Spindler's damages methodology. Spindler defended using 2017 as the base year, explaining it was more recent than 2016, was described by Whigham as a typical year, and that 2016 would have been even higher due to a passed endorsement deal. He reaffirmed the simple logic of comparing expected earnings to actual post-op-ed earnings (Dec 2018–Oct 2020). Judge Azcarate excused the witness subject to recall.

Plaintiff rests and motions

Plaintiff rests; defense moves to strike all three defamatory statements; judge denies as to statements 2 and 3, holds statement 1 under advisement.

colloquy
Plaintiff rests and motions
248 utt.

Plaintiff rests his case-in-chief and defense moves to strike on three grounds: statements are true, Heard did not write the headline, and Depp failed to prove actual malice. Chew opposes at length, citing police testimony, witness accounts, and ACLU deposition evidence. Judge Azcarate denies the motion as to statements 2 and 3 and takes statement 1 under advisement. A sidebar follows on the motion in limine scope covering Heard's planned testimony about incidents of sexual assault.

Dawn Hughes — Direct

Dr. Dawn Hughes opens Heard's defense with expert testimony on IPV patterns and PTSD, diagnosing Heard and rebutting the plaintiff's expert.

Direct
Dawn Hughes Elaine Bredehoft
975 utt.

Heard's expert forensic psychologist Dr. Dawn Hughes provided extensive direct examination testimony covering IPV dynamics and her 29-hour forensic evaluation of Amber Heard. Her two main opinions: Heard's reported abuse is consistent with intimate partner violence, and Heard suffers PTSD caused by Depp's conduct. Hughes rebutted Dr. Curry's malingering finding, described specific physical and sexual violence incidents, and addressed the psychological impact of Waldman's counterclaim statements. Multiple sidebars addressed note-consulting, hearsay limits, and testimony scope.

◀ Day 12 Depp v. Heard Day 14 ▶