Erin Falati — Cross/Redirect
357 linesTHE COURT: All right. Good morning.
THE COURT: Are we ready for the jury today, or do we have any preliminary matters?
MR. ROTTENBORN: A few exhibits.
THE COURT: Okay. If you want to, approach with the exhibits.
THE COURT: Which ones do you have for
MR. ROTTENBORN: These are the tax returns, Mr. Depp's side is --
THE COURT: Okay. What number are they?
THE COURT: Okay.
MR. NADELHAFT: And then Defendant's 1055 that we will show to Ms. Falati as part of the agreement.
THE COURT: 936, plaintiff's, okay. 1055. Got it. Okay.
MR. NADELHAFT: And then this was the demonstrative that was shown yesterday with Mr. Bania that (indiscernible) as long as not come into evidence --
THE COURT: Can you give it to -- a number for me?
MR. NADELHAFT: Well, it had a number.
THE COURT: Okay. What was the number?
MR. NADELHAFT: It was Plaintiff's 889, page 117, and it was a demonstrative, so we just put the page.
THE COURT: 889, page 117, right?
THE COURT: Not in evidence, okay.
THE COURT: All right. Are we ready for the jury?
[STAGE DIRECTION]: Whereupon, the jury entered the courtroom and the following proceeding took place.
THE COURT: All right. Good morning, ladies and gentlemen.
THE COURT: All right. Are we ready to continue with the witness on deposition?
MS. LECAROZ: Yes, Your Honor. The remaining portion of the deposition of Erin Falati will include the questioning by counsel for Mr. Depp.
THE COURT: All right. Thank you
MS. MEYERS: Do you have any professional responsibility to record or document suspected physical abuse of one of your patients?
ERIN FALATI: If I am - if I witness or find out information of domestic or child abuse, yes.
MS. MEYERS: And so what is that responsibility?
ERIN FALATI: I have to notify superiors of the information I "as provided ,th.
MS. MEYERS: When did you first meet Ms. Heard?
ERIN FALATI: I believe it was the end of - excuse me, hang on one sec; I have it here - this is in my nursing notes. It looks like August 27th, 2014.
ERIN FALATI: MS. :MEYERS: So can we please pull up the nursing notes, which I believe are Exhibit 2.
MS. MEYERS: All right. While we bring this document up, I would like to go through this section called "Client History." Do you see where I'm referring to?
ERIN FALATI: Yes.
MS. MEYERS: Was the information in this paragraph self-reported to you by Ms. Heard?
ERIN FALATI: If I can have a quick moment to review that, then I can answer that question.
MS. MEYERS: Certainly.
ERIN FALATI: Thank you. So to answer that question, I believe this was information given to me from Ms. Heard. I'm not positive, but I can say that any time I refer or begin a sentence with client states or client reports, those I can I confirm, you know, I received that information from the client.
ERIN FALATI: As far as in totality, I would assume most information came from Ms. Heard, but I can't rule out that I didn't get any information from the treating physician in preparation either.
MS. MEYERS: Okay. And I think you -- would this information have been relayed to you at that first meeting with Ms. Heard?
ERIN FALATI: This information - if it was information I received from Dr. Kipper, I would have had that information probably prior to meeting her, but any time that I said - states that I can confirm that I got that information, I Its can confirm it was within the first day or two of 116 meeting her because I usually take a client history when I meet a client.
MS. MEYERS: Now, if we go down a couple more sentences, it says, "AH reports history of substance abuse, including an addiction to cocaine and liquor. CT -- client reports abstaining from cocaine for a couple years but was unable to report exact dates." Do you see where I'm referring to?
ERIN FALATI: Yes, I see that.
MS. MEYERS: Is that something you would have written?
ERIN FALATI: Yes.
MS. MEYERS: And this is also information that you believe Ms. Heard would have reported directly to you?
ERIN FALATI: Again, I don't have specific recollection about this, but I would have to refer to my notes that says "the client reports" it. So, yes, I'm sure it would be made that she had provided me with that information.
MS. MEYERS: So it says -- it goes on to say, "CT does not smoke cigarettes. She reports consuming one to three glasses of red wine each day." Do you see that?
ERIN FALATI: Yes.
MS. MEYERS: And, again, this is based off of your notes that are something that Ms. Heard reported to you, correct?
ERIN FALATI: Again, I don't recall the specifics of that. I would refer, again, that in that particular sentence you're referring to, I used the verbiage of "she reports," meaning "Ms. Heard reports." So I would make the assumption that she reported that information to me.
MS. MEYERS: In the time that Ms. Heard was your patient, do you recall seeing her consuming wine?
ERIN FALATI: Yes.
MS. MEYERS: Is this self-report of one to three glasses of red wine each day consistent with your recollection?
ERIN FALATI: I don't recall her drinking red wine every time I saw her, so I can't confirm that each time I saw her, she would drink one to three glasses. I don't recall her drinking every time I saw her.
MS. MEYERS: Did you ever see Ms. Heard appear intoxicated from drinking alcohol?
ERIN FALATI: I don't recall her being intoxicated.
MS. MEYERS: So moving on to the next sentence here, it says, "She reports a family history of substance abuse; both mother and father have abused and become dependent on stimulants (methamphetamine), opiates, and alcohol.
MS. MEYERS: Did I read that correctly?
ERIN FALATI: Yes.
MS. MEYERS: And the "she" here, it refers to Ms. Heard?
ERIN FALATI: That's correct.
MS. MEYERS: So tins is also something that Ms. Heard reported to you, as far as your notes reflect?
ERIN FALATI: Again, I don't have specific recollection of this. It appears that she did report that, but I don't remember.
MS. MEYERS: So a couple sentences later here, it says, "Client admits to history of anxiety, eating disorder, attention deficit disorder, bipolar disorder, codependence issues, and occasional insomnia."
MS. MEYERS: Do you see that sentence?
ERIN FALATI: Yes.
MS. MEYERS: And based off of this note, and specifically the language that says "client admits," you believe that this is something that Ms. Heard would have reported to you?
ERIN FALATI: As you stated, because it says "client admits," I would make that assumption.
MS. MEYERS: What do you recall Ms. Heard saying about her history of anxiety issues?
ERIN FALATI: I don't recall specifics. As I stated earlier in the morning, I remember a general anxiety with many issues in her life.
MS. MEYERS: What do you recall Ms. Heard telling you about her codependence issues?
ERIN FALATI: I have vague memory of discussing codependence issues within previous relationships. I couldn't give you specifics on that. I just sort of have a vague memory of discussing that.
MS. MEYERS: Do you have any nonspecific recollections of Ms. Heard being anger [sic] or enraged?
ERIN FALATI: Other than that time I spoke about in London 2014, I didn't specifically witness anger and rage from Ms. Heard.
MS. MEYERS: The first sentence here says, "Ms. Heard has been labile." Am I pronounce that correctly?
ERIN FALATI: Yes. ,s
MS. MEYERS: First of all, what does that mean?
ERIN FALATI: Emotional }ability is typically when emotions swing on a pendulum You know, for example, you may see someone very sad at one moment and quickly transition to extreme happiness. It sort of swings from, like I said, sort of a pendulum
MS. MEYERS: And did you -- in the time that you treated Ms. Heard, did you ever personally witness this type of emotional !ability?
ERIN FALATI: I don't recall specifically.
MS. MEYERS: The next sentence says, Client expressed concern to husband and Dr. Kipper that she's nervous about being alone while husband is working on movie set in London and expressed she has difficulty dealing with feelings of insecurity and jealousy when not in the presence of her husband. Did I read that right?
ERIN FALATI: Yeah.
MS. MEYERS: Do you recall learning this during your initial meeting with Ms. Heard?
ERIN FALATI: I don't recall learning this during the initial meeting, but, again, the - when I initially met Ms. Heard and Mr. Depp, it was fairly brief because then after that we traveled to London. So I don't recall if I learned of this instantaneously or if that was gathered, you know, throughout the next day or two, spending time with her.
MS. MEYERS: Is this description of Ms. Heard having feelings of insecurity and jealousy when not in the presence of Mr. Depp, is that consistent with your recollection when you were treating Ms. Heard?
ERIN FALATI: I wouldn't say all the time that was an issue. I have a vague sense of those issues popping up throughout the years, but I wouldn't say that that was a constant theme.
MS. MEYERS: But you do have recollections of that being an issue at some time while you were treating her?
ERIN FALATI: I would say that's a fair statement.
MS. MEYERS: Please go to the entry for August 29th, 2014.
MS. MEYERS: So in this note I would like to direct your attention to the section that starts with 23:45. And, specifically, the first sentence. It says, "Client, RN, and Debbie RN went to dinner together."
MS. MEYERS: Do you see that?
ERIN FALATI: I do.
MS. MEYERS: And "Debbie RN" is Debbie Lloyd; is that correct?
ERIN FALATI: That's correct.
MS. MEYERS: Going down a couple sentences here, it says "Client verbalizes feelings of confusion, as she feels fiance would like her to decrease/eliminate acting career and stay at home."
MS. MEYERS: Do you see that?
MS. MEYERS: Do you remember having this specific I conversation with Ms. Heard?
ERIN FALATI: I don't remember specifically, but I do have a general recollection. No, I don't recall specifics.
MS. MEYERS: Did you ever have any discussions with Mr. Depp concerning Ms. Heard's acting career?
ERIN FALATI: I have a sort of vague general memory of discussing that before. As to specific details, I don't think I can provide you with specifics, but it sounds familiar.
MS. MEYERS: Did you ever have the impression that Mr. Depp wanted Ms. Heard to stop her -- or to end her acting career?
ERIN FALATI: I don't recall that being a sentiment.
MS. MEYERS: If we can scroll down to the entry for September 2nd, 2014, I would like to direct your attention to a sentence in the middle of this entry. It says, "RN and CT discussed CT's history and current relationship. CT reports difficulty with jealousy issues and anxiety around fiance's 121 fame and ability to interact with females often."
MS. MEYERS: Did I read that correctly?
MS. MEYERS: And it's a note that you wrote, correct?
ERIN FALATI: Yes.
MS. MEYERS: Do you recall Ms. Heard expressing this sentiment to you?
ERIN FALATI: Like we discussed earlier, I don't recall that specifically. I do have a general sense of jealousy, anxiety issues popping up throughout the years, but I don't remember that specific discussion to give you anything deeper than that.
MS. MEYERS: Let's move on to the entry for September 2nd, 2014.
MS. MEYERS: I would like to direct your attention to, this is also in the middle, it says, "CT ate dinner with RN at 21 :00 at restaurant" --
ERIN FALATI: Sorry.
MS. MEYERS: CT became frustrated with staff over miscommunication; CT calmly repeated herself to staff to resolve issue. CT expressed frustration after conflict to RN. RN reflected change in coping skills, as CT's previous coping skills involved impulsive anger and yelling.
MS. MEYERS: Did I read that correctly?
ERIN FALATI: Yes.
MS. MEYERS: Do you recall this incident at all?
ERIN FALATI: I wouldn't have said that I remembered this. In preparation for the deposition, when I was rereading through these notes, I have sort of a vague memory of this, but I think my notes here are probably more specific than what I exactly remember.
MS. MEYERS: Let's actually go to the entry for September 21st, 2014, okay?
MS. MEYERS: Okay. Please take a moment and review this, and once you're done, the question is: Does this note reflect that incident in London that you just referred to?
ERIN FALATI: To answer your yes-or-no question, yes, that is what I'm referring to.
MS. MEYERS: And it says down here at the bottom of the notes, "Client's fiance offered emotional support." Is that accurate to your recollection?
ERIN FALATI: I don't recall. I would have to refer to my nursing note. It's probably a lot more reliable than my current memory.
MS. MEYERS: I believe you testified earlier, though, that you recall that Mr. Depp was present on this occasion; is that right?
ERIN FALATI: That's correct.
MS. MEYERS: Now, let's move on to the entry for September 22nd, okay? So this note begins -- this -- strike that.
MS. MEYERS: This starts with 01:00. Is that 1:00 o'clock in the morning on September 22nd?
ERIN FALATI: Yes, that's correct.
MS. MEYERS: And it starts "RN notified that client requires assistance. Upon arrival client noted to appear irritable, loud, and angry. Client screaming at times and appears agitated. Client crying and states she got into a verbal argument with fiance after RN departure.
MS. MEYERS: Does this refresh your recollection at all about Ms. Heard having an outburst?
ERIN FALATI: I don't know that it refreshes my memory. I would say it reflects my memory.
MS. MEYERS: Is this the same outburst in London that you were previously referring to?
ERIN FALATI: Yes, that's correct
MS. MEYERS: Do you recall anything about what the fight between Mr. Depp and Ms. Heard was about that's reflected in this note?
ERIN FALATI: I don't really recall. I remember a ! I general sense of Ms. Heard being very upset that ! her phone was hacked because there was very sensitive information that was leaked from it. And I feel like there was a - she was having a difficult time calming after that.
ERIN FALATI: So whether there was any verbal disagreements, I would assume it's in relation to that, but I - I just don't remember the specifics of what that disagreement was about
MS. MEYERS: It says here, "Client states she feels fiance did not provide support to client." Did I read that right?
ERIN FALATI: Yes.
MS. MEYERS: Is that consistent with your recollection? ,3
ERIN FALATI: I didn't recall that. But, again, I I! would state that my notes are much more reliable than my current memory, and I think that probably speaks to your previous question.
MS. MEYERS: Let's please go to the entries which are from March 7, 2015, which are on page with the Bates number 16952.
MS. MEYERS: Now, as you see, we looked at these entries earlier. Do you recall that? ,12
ERIN FALATI: Yes.
MS. MEYERS: Okay. Now, with respect to the entry I for March 7th, 2015, it says, "Client advises RN I via text of increasing anxiety, reports emotional !ability." j I 7 Do you recall her reporting why she was j I 8 feeling anxious at this time?
ERIN FALATI: No, I don't recall the specific reason of why she is notifying me of that at this time.
MS. MEYERS: So it says here that she notified you I via text, right?
ERIN FALATI: Correct.
MS. MEYERS: Directing your attention to the next note from March 8th, 2018, and I know you discussed this with Adam earlier so I won't belabor this too much, but do you recall that this -- at the time of this entry, on March 8th, 2015, Ms. Heard was in Australia?
ERIN FALATI: I would make that assumption based upon my note for March 8th. It stated that client will be returning to Los Angeles accompanied by house manager, Ben. I'm paraphrasing her, but, yes, I believe she was coming from Australia for this particular entry.
MS. MEYERS: It says here, "RN plans to meet client upon arrival."
MS. MEYERS: Do you see that?
ERIN FALATI: Yes. Yes, I do.
MS. MEYERS: And I think you testified to this earlier: You did see Ms. Heard the next day when she arrived back in Los Angeles; is that correct?
ERIN FALATI: That's correct. If you look at the entry for March 9th, I refer to meeting her and her friend. So, yes, I would have met her in person that day.
MS. MEYERS: Do you recall how long you spent with Ms. Heard that following day?
ERIN FALATI: I don't recall. My notes state that I met her for dinner at 22:00, which in military time would be 10:00 p.m. I don't recall how long I was with her, so I would assume a couple hours. But, again, I'm just making an assumption.
MS. MEYERS: Do you recall observing any injuries to Ms. Heard when you saw her on March 9th, 2015?
ERIN FALATI: No, I don't recall. I don't make note of it, but I don't recall either.
MS. MEYERS: If Ms. Heard had visible injuries, is that something that you would have documented in your nursing notes?
ERIN FALATI: I would assume so.
MS. MEYERS: Do you recall Ms. Heard seeking any medical treatment from you when you saw her on March 9th, 2015?
ERIN FALATI: I don't recall.
MS. MEYERS: If Ms. Heard had sought medical treatment from you on that date, is that something you would have documented in your notes?
ERIN FALATI: Perhaps. If there was request for medical treatment that differed from sort of day-to-day status, then, yes, I might have put it in my notes if I hadn't discussed with Dr. Kipper. But I don't make any reference to it in this particular note.
MS. LECAROZ: Could we please pull up what should be in -- I think I would have uploaded on document B. It bears the Bates number of Falati 0134.
MS. LECAROZ: AV TECHNICIAN: Exhibit 14.
MS. MEYERS: I think we covered this before, but just to confirm, is this your email up at the top that says "erinboreum@hotmail.com"?
MS. MEYERS: I'm sorry. Did you respond?
ERIN FALATI: Yes.
MS. MEYERS: Oh, great. Thank you. I'm sorry I didn't hear that.
MS. MEYERS: March 9, 2015 that starts out, "Erin, love you too (much).
MS. MEYERS: Do you recognize this email?
ERIN FALATI: I believe I produced this in reference to the subpoena.
MS. MEYERS: Do you recall receiving this email?
ERIN FALATI: I don't recall, but I do remember reviewing this. I don't think I reviewed it in preparation for today, but probably at the time of the document requests, I think I probably reviewed this.
MS. MEYERS: Directing your attention to the middle of the email, do you see where it says, "I'm sure JD will let Heard know we are coming home. I want her to please not see him for a few days until we can get him organized with the hand surgeon and get his meds balanced." Do you see that?
ERIN FALATI: Yes.
MS. MEYERS: Okay. And "JD" refers to Mr. Depp in this instance?
ERIN FALATI: Yes.
MS. MEYERS: And the "Heard" is Ms. Heard?
ERIN FALATI: Yes.
MS. MEYERS: Did you have an understanding at this time as to why Dr. Kipper didn't want Ms. He_ard to see Mr. Depp for a few days?
ERIN FALATI: I don't recall exactly. This might have been in reference to Australia, when they -- meaning Mr. Depp and Ms. Heard -- were separated. I would have to check the dates on that.
MS. MEYERS: Well, turning back to your notes where Ms. Heard was returning from March -- from Australia on March 19th, 2015, is that what you were referring to?
ERIN FALATI: Thanks. Yes, that would be the same time period.
MS. MEYERS: Okay. And you alluded to an understanding that Dr. Kipper wanted Mr. Depp and Ms. Heard separated?
ERIN FALATI: Yes.
MS. MEYERS: And why do you -- what was your understanding as to why they needed to be separated?
ERIN FALATI: I don't recall specifics. I wasn't present in Australia at that time. I just remember a general sense of a big argument happening and the treatment team deciding that they should not be around each other. So Ms. Heard returned to Los Angeles, and Mr. Depp stayed in Australia. For how long, I don't recall.
MS. MEYERS: Next bit here, it says, "Please use the excuse that Dr. Kipper insists that JD stay quiet without any distraction for the rest of the week while we get his medication organized and balanced. None of this will be accepted by her, but I will be very upset (you can tell her this) if there's any stress created by a visit premature." Do you see that?
ERIN FALATI: Yes.
MS. MEYERS: Do you have any understanding as to why Dr. Kipper was directing you to provide this excuse to Ms. Heard?
ERIN FALATI: Again, just the general sense that there was a major argument in Australia, which I wasn't present for, and them separating because of that 1:
MS. MEYERS: Did you have any understanding as to why Dr. Kipper stated that none of this will be !
MS. MEYERS: Accepted by Ms. Heard?
ERIN FALATI: I would be speculating on that, but, you know, we used joking terminology.
MS. MEYERS: Based on your experience treating Ms. Heard at this time, in March of 2015, would you agree -- or did you agree with Dr. Kipper that Ms. Heard would not accept not seeing Mr. Depp for a period of time?
ERIN FALATI: I don't know specifically. As I think we talked about much earlier this morning, there was generally a sense of arguing, reconciling, and that sort of cycle happening repeatedly throughout their relationship.
MS. MEYERS: If we could please go back to the nursing notes, which are Exhibit 2, can we please go back to the entries from March 2015 that are on the page with the Bates number 16952. Now, we covered this earlier, but it says in your March 9, 2015 entry, it says, "Client states she would like to discuss recent events between her and husband with RN in private tomorrow.
MS. MEYERS: Do you see that?
ERIN FALATI: Yes, I do.
MS. MEYERS: Directing your attention to the entry for March 10th, 2015, it says, "RN met client at home at 16:00." Does that refresh your recollection that you did meet with her the next day?
ERIN FALATI: No, it doesn't refresh my recollection. However, I'll refer to my nursing note.
MS. MEYERS: Do you have any reason to doubt that these notes are accurate?
ERIN FALATI: No.
MS. MEYERS: Do you recall whether Ms. Heard showed any injuries to you at that time?
ERIN FALATI: I don't recall any - any injuries.
MS. MEYERS: Okay.
MS. MEYERS: Can we go back to Exhibit 2, which is the nurse notes, and specifically the entry for March 25th, 2015. Just go back up to the top of this entry for March 25th, please.
MS. MEYERS: I just want to ask you one more part of this. It says, "States she is concerned about ability to trust fiance following argument on March 23, 2015."
MS. MEYERS: Do you have any recollection of Ms. Heard expressing concern about her ability to trust Mr. Depp?
ERIN FALATI: I would say I have no generalized memory of there being, as I stated before, jealousy and anxiety issues, including mistrust within the relationship.
MS. MEYERS: Do you recall Ms. Heard ever telling you that she thought Mr. Depp was cheating on her?
ERIN FALATI: No, I don't recall that specifically. I just, as I said, have a general sense of remembering jealousy being an issue.
MS. MEYERS: If we could -- okay. I think -- do you recall talking about visiting Ms. Heard and Mr. Depp for Thanksgiving earlier today?
ERIN FALATI: Yes.
MS. MEYERS: Does anything stand out in your mind as -- from that Thanksgiving dinner that you can recall?
ERIN FALATI: Nothing really stands out other than it was - I sort of have a general sense of it being a really jovial, fun time.
MS. MEYERS: Do you recall how long you stayed at the dinner?
ERIN FALATI: Not specifically. I would assume a few hours.
MS. MEYERS: Can we please just quickly go to the note from November -- this is in Exhibit 2, in the entry for November 26th, 2015, which is on page 16954.
MS. MEYERS: AV TECHNICIAN: Please stand by.
MS. MEYERS: Ms. Falati, turning your attention to the entry for November 26th, 2015, do you recall seeing this entry earlier today?
ERIN FALATI: Yes.
MS. MEYERS: And I believe you testified that this is the entry from the Thanksgiving dinner that you spent with Ms. Heard and Mr. Depp?
ERIN FALATI: I believe it is. '3
MS. MEYERS: Do you see in the middle where it says, "JD appeared calm and coherent"?
ERIN FALATI: I do.
MS. MEYERS: Is that accurate to your recollection of that evening?
ERIN FALATI: Again, I don't remember that specifically, but I just remember a general sense of it being a fun, happy evening.
MS. MEYERS: So this is consistent with your recollection of that evening?
ERIN FALATI: I would make that assumption.
MS. MEYERS: And you have no reason to doubt the accuracy of your note, correct?
ERIN FALATI: Correct.
MS. MEYERS: Directing your attention to the December 17th, 2015 entry, will you just take a minute and read this over and confirm whether -- strike that. Do you recall going and visiting Ms. Heard on December 15th -- excuse me, December 17th, 2015?
ERIN FALATI: I remember insomuch as my nursing notes regarding this night. I don't say - I can't say remember visiting her. that I recall much more than I have here, but I do
MS. MEYERS: It says here that "Client had visible bright red blood appearing in the center of lower is lip."
MS. MEYERS: Do you see that?
ERIN FALATI: Yes.
MS. MEYERS: Did you -- other than the blood on Ms. Beard's lip, do you recall seeing any other injuries to her on that date?
ERIN FALATI: I don't recall any other than what I state.
MS. MEYERS: Do you recall examining Ms. Heard's lip at all?
ERIN FALATI: I don't think I did that other than a visual examination. I didn't physically examine
MS. MEYERS: The note says here, "Client also stated her head is bruised and that she lost clumps of hair in altercation. RN briefly looked at client's scalp but was unable to visualize hematomas client had described.
MS. MEYERS: Is that what you wrote in your note?
ERIN FALATI: Yes.
MS. MEYERS: If you had observed the bruises or hematomas that Ms. Heard had described, would that have been reflected in your note?
ERIN FALATI: I would assume. But, again, I'm not trained in looking for those type of injuries, which is why my note continues that I encourage her to be seen by a professional that is trained to do so.
MS. MEYERS: Can we drop down to the next page. And this is just the end portion of this note.
MS. MEYERS: It says here, "RN reminds client to hydrate with oral fluid and to limit/abstain from alcohol. Client was consuming red wine when -- with RN left but assured RN she would consume in moderation."
MS. MEYERS: Is that what you wrote?
ERIN FALATI: It is. And I believe I miswrote there. Probably it should say, "Client was consuming red wine when RN left," not with, just to clarify.
MS. MEYERS: Why would you advise Ms. Heard on this occasion to limit her -- why did you advise Ms. Heard to limit or abstain from alcohol on this occasion?
ERIN FALATI: I don't recall why I would be speaking to limit or abstain from alcohol on this occasion.
MS. MEYERS: So to confirm, based on your nursing note, you are aware that Ms. Heard claimed to have been injured by Mr. Depp in December of 2015, right?
ERIN FALATI: Correct.
MS. MEYERS: And you went and actually saw her shortly after that alleged incident, correct?
ERIN FALATI: Not that same day, but possibly the following day, I believe.
MS. MEYERS: And on that occasion, you observed that she did have -- she had a bloody lip, correct?
ERIN FALATI: Correct.
MS. MEYERS: And she told you that was a result of y j the altercation with Mr. Depp, right?
ERIN FALATI: Correct. j 3
MS. MEYERS: If she had any other injuries on that occasion, would you have reported them in your nursing notes?
ERIN FALATI: I made that assumption based on my other notes that reference the blood on her lip.
MS. MEYERS: Could we go back to Exhibit 2 and the nursing notes for April 21, 2016, which -- I'll get the actual page number -- which is on Bates No. 16957.
MS. MEYERS: Where it says, "RN socialized with JD for 45 minutes. JD appeared coherent, oriented, and sociable. Thought process logical and clear," do you have any reason to doubt that that's accurate, that was an accurate description of Mr. Depp on that date?
ERIN FALATI: Jessica, I apologize. Can you just use your cursor to help me see the note that you were just reading.
MS. MEYERS: Sure. It's -- sorry, I actually don't have control of it.
ERIN FALATI: Oh.
MS. MEYERS: It's down towards the middle. It says, "RN socialized with JD" at -- times "45 minutes. JD appeared coherent, oriented, and sociable."
ERIN FALATI: Oh, yes, I see it. Thank you.
MS. MEYERS: "Thought process" --
ERIN FALATI: Yes.
MS. MEYERS: "logical and clear."
ERIN FALATI: Yes. So I'm sorry. What was your question regarding that?
MS. MEYERS: Do you have any reason to doubt that that's an accurate description of how Mr. Depp appeared to you on April 21st, 2016?
ERIN FALATI: I have no reason to doubt it. I would stand by my notes.
MS. MEYERS: You knew that Mr. Depp was being I treated for substance abuse issues by Dr. Kipper I and Nurse Debbie Lloyd, correct?
ERIN FALATI: Yes.
MS. MEYERS: If Mr. Depp had appeared intoxicated on this occasion, is that something that you would have documented?
ERIN FALATI: If it had been outwardly visible for either client, I would have made reference to that.
MS. MEYERS: If we could, go back to the nursing notes, Exhibit 2, please. And if you could, go down to the entry for May 11. Thank you.
MS. MEYERS: Now, Ms. Falati you looked at this entry earlier today, correct?
ERIN FALATI: Correct.
MS. MEYERS: Directing your attention to just a couple lines down, it says, "Client discussed her birthday trip to Coachella music festival (trip was April 22nd, 2016 through April 24th, 2016). 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 at least 24 hours straight."
MS. MEYERS: Do you see that?
ERIN FALATI: Yes, I see that.
MS. MEYERS: Did I read that correctly?
ERIN FALATI: Yes, you did.
MS. MEYERS: Do you recall -- well, first of all, do you recall Ms. Heard relaying this to you?
ERIN FALATI: I don't recall these specifics that I state here in the note, but I remember sort of a conversation talking about the trip after they had returned
MS. MEYERS: And this starts out "Client admits to illicit drug use," so am I correct that thus is -- based on these notes, this is something Ms. Heard reported to you directly?
ERIN FALATI: Again, I don't remember these specifics; however, my usage of "client admits" refers to a client reporting something to me.
MS. MEYERS: And Ms. Heard never admitted to illicit drug use to you before this time?
ERIN FALATI: I believe in reference to my nursing notes from when I first met her, she did admit to previous substance abuse.
MS. MEYERS: It says here, RN reminded client that illicit drug use will not be tolerated by medical staff and that any medication or drugs that are not prescribed can interfere and cause adverse effects with her prescribed medication. Client laughed and also reported using illicit drugs (mushrooms and MDMA) on May 9th, 2016 at home with a high-profile male acquaintance.
MS. MEYERS: Did I read that correctly?
ERIN FALATI: Yes, you did.
MS. MEYERS: Do you recall Ms. Heard laughing in response to your reminder about illicit drug use?
ERIN FALATI: No, I don't recall that.
MS. MEYERS: In your time caring for Ms. Heard, did you ever see Mr. Depp physically abuse her?
MS. MEYERS: Did you ever see Ms. Heard physically I s abuse Mr. Depp?
MS. MEYERS: Did you ever see Ms. Heard throw anything at Mr. Depp in the time that you cared for her?
ERIN FALATI: No, I did not witness that.
MS. MEYERS: In the time that you treated her, did you ever see Ms. Heard lose her temper?
ERIN FALATI: As we talked about previously, the one incident that I can remember is in London 2014 - yes, 2014 - in regards to the phone being hacked /2 I and sensitive material being leaked.
MS. MEYERS: Did you ever feel that Ms. Heard was hostile towards you at any time during your treatment of her? Or did you ever feel like she was ignoring attempts by you to -- to contact her?
ERIN FALATI: Yes. I have a general memory of often - not often, excuse me; I misspoke - of that happening on more than one occasion where I would reach out and not get a response. I remember feeling frustrated by that.
MS. MEYERS: When had you treated domestic violence victims prior to this time?
ERIN FALATI: The time that I worked with them was in nursing school. I don't want to say a specific place for confidentiality reasons, but it was for 121 domestic violence victims, sort of a safe house.
MS. MEYERS: Ms. Falati do you remember when you were treating Ms. Heard that at some point she had a cyst on her eyelid?
ERIN FALATI: Yes, that sounds familiar.
MS. MEYERS: Ms. Falati, do you remember that she had a procedure to have that cyst removed?
ERIN FALATI: Yes.
MS. MEYERS: And was that a surgical procedure, to your recollection?
ERIN FALATI: From what I recall, that was handled at an outpatient surgical center. Other than that, I don't know the details of that specific process.
MS. MEYERS: Do you recall whether Ms. Heard had any marks around her eye after having that procedure?
ERIN FALATI: I don't recall. I remember a topical ointment being applied, but I don't recall if there were marks on her eye or not.
MS. LECAROZ: At this point the questioning switches back to counsel for Ms. Heard.
THE COURT: All right. Thank you.
MR. NADELHAFT: Do you see Falati 93?
ERIN FALATI: Yes.
MR. NADELHAFT: Okay. And is this another picture of Amber from May 21st, 2016?
ERIN FALATI: Correct This is a picture of Ms. Heard.
MR. NADELHAFT: And Amber sent you this text on May 21st, 2016?
ERIN FALATI: I believe so, based on the time stamp.
MR. NADELHAFT: And the same for this picture on the next page, Amber sent you this picture of her?
ERIN FALATI: Correct.
MR. NADELHAFT: And the same for this page, the next page, Amber sent you this picture of her on May 21st?
ERIN FALATI: Yes.
MR. NADELHAFT: When you -- when you saw Amber on December 17th, 2015, when you spoke about that, how long did -- how long were you with her? Do you recall?
ERIN FALATI: Don't recall. I would assume, based on the fact that I stopped by briefly, maybe an hour or two.
MR. NADELHAFT: Did you go inside her house? Or were you outside the door?
ERIN FALATI: From what I recall, I was inside -
MR. NADELHAFT: Okay.
ERIN FALATI: The penthouse, yes.
MR. NADELHAFT: By the way, when you saw Amber on December 17th, was she wearing makeup or not?
ERIN FALATI: I don't recall. Yeah, I don't recall.
THE COURT: All right. Thank you. Before the next witness, could I have counsel approach on the Plaintiffs 46.
THE COURT: Okay. As far as the dueling, now there was testimony, I did have at the beginning of this note it goes up to there.
THE COURT: There was a testimony, and it didn't direct her to that note. And also this note directed to this part. It seems like in these notes that you've been redacting a whole note if it's not identified but letting the whole note go in if it I is identified; is that correct?
MS. VASQUEZ: Yes.
MR. NADELHAFT: That's basically been it. Based on your, I'll -- that's fine.
THE COURT: So plaintiffs redactions. Okay. So 46 is in evidence.
MR. NADELHAFT: Thank you, Your Honor.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: All right.
THE COURT: So Plaintiffs 46 is in evidence. Your next witness. Yes, sir, Mr. Dennison.