Depp v. Heard Transcript Amber Heard
Depp v. Heard / Day 16 / May 16, 2022
1 pages · 1 witnesses · 3,879 lines
Bredehoft completed Heard's direct through the May 2016 penthouse incident; a sidebar set character-evidence scope; Vasquez opened cross by challenging absent corroborating evidence and exposing the unresolved $7 million charity pledge.
colloquy Line 2496
colloquy Preliminary Matters
1

COURT BAILIFF: All rise. Please be seated and come to order.

2

THE COURT: All right. Good morning.

3

MR. CHEW: Good morning, Your Honor.

4

THE COURT: All right. Do we have any preliminary matters before the jury comes out?

5

MS. BREDEHOFT: A couple, Your Honor, on our end.

6

THE COURT: Sure.

7

[STAGE DIRECTION]: (Sidebar.)

8

THE COURT: What do we got? Good morning.

9

MS. VASQUEZ: Good morning.

10

MS. BREDEHOFT: So the first one is we owe an exhibit.

11

THE COURT: Okay. Which exhibit is it?

12

MS. BREDEHOFT: This is 188A.

13

THE COURT: 188A. And that is already in evidence?

14

MS. BREDEHOFT: Yes, Your Honor. It needed some redactions.

15

THE COURT: Okay. Are they the redactions for 188A?

16

THE COURT: Okay. Got it.

17

MR. ROTTENBORN: The next thing, Your Honor, we have a brief that we just filed under seal this morning --

18

THE COURT: Okay.

19

MR. ROTTENBORN: To keep the identities of the jurors sealed for one year I following the verdict for --

20

THE COURT: Okay. Do you have any objection to that?

21

MR. CHEW: I don't. I don't think so.

22

THE COURT: I think that would be fine. Actually, I think they would feel comfortable to I do that.

23

MR. ROTTENBORN: Okay. That's what we thought.

24

THE COURT: All right. I'll grant that motion, unless there's any issue with it. You want to read it first.

25

MR. CHEW: If we could, Your Honor.

26

THE COURT: Take a look. I put it to the side, maybe in the afternoon I'll sign it, okay?

27

MR. ROTTENBORN: Thank you, Your Honor.

28

MR. CHEW: Your Honor, we have two very brief ones.

29

THE COURT: Okay. Sure.

30

MR. CHEW: One, relates to the article that dealt with a piece of evidence that Your Honor had excluded because it was submitted late.

31

THE COURT: Okay.

32

MR. CHEW: So, clearly, the result of the bench conference was leaked to their PR person who quoted it in an article, who sent an article to Lockhart so you probably haven't had a chance to see it. But, clearly, it's been leaked and --

33

THE COURT: You don't know who leaked it, though?

34

MR. CHEW: We don't know who leaked it.

35

MS. VASQUEZ: It was transferred as a photograph, Your Honor -- .22

36

THE COURT: Right.

37

MS. VASQUEZ: That you --

38

THE COURT: Okay.

39

MS. BREDEHOFT: We believe it was planted by Mr. Depp's side. We think Mr. Waldman leaked it or modified it this past weekend. We can look at the -- this is important. This is the photo that they say we released. So if you can see there, Your Honor, somebody in this courtroom took a picture of the --

40

THE COURT: Yeah. I think that's from Court TV, unfortunately.

41

MS. VASQUEZ: That's the photograph, Your Honor.

42

MS. BREDEHOFT: The photograph is the one.

43

THE COURT: Yeah. Unfortunately, that's from Court TV.

44

MR. CHEW: The photograph was one Your Honor excluded. We obviously wouldn't leak something. This is the split-lip she had.

45

THE COURT: Well, the jury's not supposed to be looking at anything. I really don't know who's doing anything.

46

MR. CHEW: No, we understand. We would hope that there would be some kind of --

47

THE COURT: Well, I can tell you that I wasn't thrilled that both of them made public statements either. I was not thrilled about that at all. So that's both sides. So that, I do know, came from their source.

48

THE COURT: So I would appreciate if we don't do O any more public statements in the middle of a trial. Correct, both sides?

49

MS. BREDEHOFT: Right. That was PR.

50

THE COURT: Well, that still should be --

51

MR. CHEW: Understood, Your Honor.

52

MS. BREDEHOFT: Understood, Your Honor.

53

THE COURT: Okay.

54

MR. CHEW: We understand that. The final matter is, Your Honor, has heard about the "hasta la muerte" knife.

55

THE COURT: The knife, yes.

56

MR. CHEW: We would like to bring it PLANE I into the courtroom We know, obviously, we need Your Honor's approval to do that.

57

THE COURT: Okay. For? n 14

58

MR. CHEW: Just to show.

59

THE COURT: This is for closing or is it going to be in evidence?

60

MR. CHEW: Just for cross. Just to show the --

61

THE COURT: The cross.

62

MR. CHEW: Because she's now saying that these alleged abuses occurred earlier than -- she is changing the story, but the point is it's all the more probative to show the jury how unlikely it would be that she were actually getting beat, to have this knife.

63

THE COURT: All right. So you won't put it into evidence; but you want to bring it in for a demonstrative?

64

MR. CHEW: We just want to bring it in, but we wanted Your Honor's approval.

65

THE COURT: Any objection?

66

MS. BREDEHOFT: That's fine.

67

THE COURT: Let the deputies know.

68

MR. CHEW: We will. We just wanted to ask you first.

69

MS. BREDEHOFT: One more thing, Your Honor. It's about the transcript. I looked at the argument on the motion to strike and the response motion to strike, and Mr. Chew called Amber Heard a serial abuser, that she not only abused Mr. Depp but others as well, which is a violation of motion in limine. There's no evidence that's come out on that.

70

THE COURT: Although the jury wasn't I here.

71

MS. BREDEHOFT: No, no, no.is

72

THE COURT: Okay.

73

MS. BREDEHOFT: My point is that he did say that, and it's not in evidence yet. I'm going to get the final text because I didn't have it. I didn't want to interrupt Your Honor, but I do want to make sure that we don't have that happening in closings, for example.

74

MR. CHEW: I don't remember whether I said that or not.

75

THE COURT: I don't know. But the jury wasn't here.

76

MR. CHEW: If that was said --

77

MS. BREDEHOFT: Correct. The jury was not here. He called her a serial abuser to Mr. Depp and others.

78

MS. VASQUEZ: Your Honor, respectfully, there was evidence already. Dr. Curry testified O that she hadn't reviewed her transcript and Rocky Pennington swears -- Rocky Pennington testified that Amber had struck her too, so that is in evidence.

79

MS. BREDEHOFT: That's not abusive.

80

MR. CHEW: Sure, it is.

81

THE COURT: Right. It doesn't matter. It's a non sequitur, actually.

82

MR. CHEW: Violence against women, it certainly is.

83

THE COURT: All right? Let's go. Thank you. Welcome back.

84

MR. CHEW: Thank you, Your Honor.

85

[STAGE DIRECTION]: (Open court.)

86

THE COURT: Okay. Are we ready for the jury, then?

87
88

MR. CHEW: Yes, Your Honor.

89

THE COURT: Okay. Great.

90

[STAGE DIRECTION]: (Whereupon, the jury entered the courtroom and the following proceedings took place.)

91

THE COURT: All right. Thank you. Good morning, ladies and gentlemen. Thank you for being punctual this morning. I appreciate it for the early start.

92

THE COURT: All right. Just a reminder, Ms. Heard, you're still under oath, okay?

93

THE WITNESS: Yes.

94

THE COURT: All right. Next question.

95

MS. BREDEHOFT: Thank you, Your Honor.

96

[SECTION HEADER]: EXAMINATION BY COUNSEL FOR THE DEFENDANT AND BY MS. BREDEHOFT:

97

MS. BREDEHOFT: Amber, when did the first act of physical violence by Mr. Depp occur?

98

MS. VASQUEZ: Objection. Asked and answered.

99
100

THE COURT: Overruled.

101

MS. HEARD: It would have been early 2012.

102

MS. BREDEHOFT: And how did you determine this?

103

MS. HEARD: I reviewed my therapist's notes.

104

MS. VASQUEZ: Objection. Hearsay.

105

MS. BREDEHOFT: She hasn't even answered it, Your Honor.

106

THE COURT: All right. I'll allow the answer.

107

MS. HEARD: By reviewing my therapist's notes.

108

MS. VASQUEZ: Objection. Hearsay.

109

THE COURT: All right. I'll sustain the objection.

110

MS. BREDEHOFT: Your Honor, it's not offered to prove the truth of the matter asserted. It's explaining what she looked at.

111

THE COURT: I'll sustain the objection.

112
113

MS. BREDEHOFT: When did you, earlier, believe the first act of physical violence occurred?

114

MS. HEARD: Well, I had always believed up until recently that it was - it had started later, that the violence started around early 2013, not early 2012.

115

MS. BREDEHOFT: Now, you testified earlier that the first act of physical violence by Mr. Depp related to the Winona "wino" tattoo? Do you recall that testimony?

116

MS. HEARD: I do.

117

MS. BREDEHOFT: Okay. Does that change your testimony realizing that this was earlier? Was this in fact I still the first act?

118

MS. VASQUEZ: Objection. Leading.

119

THE COURT: Sustained.

120

MS. BREDEHOFT: What was the first act?

121

MS. VASQUEZ: Objection. Asked and answered.

122

THE COURT: Sustained.

123

MS. BREDEHOFT: How do you remember the first act of violence?

124

MS. HEARD: You never forget it; that's how I remember it. It changes your life forever. You never forget the first time someone hits you like that. I just got the date wrong.

125

MS. BREDEHOFT: And how is it that you think you got the date wrong?

126

MS. VASQUEZ: Objection. Calls for speculation.

127

THE COURT: Overruled.

128

MS. HEARD: I'm embarrassed to say I think I would have liked to have believed that the period of time in which I had to fall in love with Johnny, in which we fell in love and he was sober and he wasn't violent to me, lasted a lot longer than it did. I think I would have liked to have believed that I wasn't hit so early in the relationship and still stayed.

129

MS. HEARD: He was also sober for a period in 2012, which was a peaceful time for us in which we fell in love. So I had kind of allowed myself, I guess, to forget that the beginning of that period, 2012, before he got sober, was really violent and chaotic as well. I'm embarrassed to say that.

130

MS. BREDEHOFT: Now, you testified that the police were called multiple times. Other than the May 21, 2016, what other occasions were there where the police were called?

131

MS. HEARD: They were called in December of 2011. They were called in 2012. They were called in 2013, in March, by the landlord. They -- I had sought advice from Laurel Anderson as to whether I should call the police.

132

MS. VASQUEZ: Objection. Hearsay.

133

THE COURT: Sustained.

134
135

MS. BREDEHOFT: When you filed the domestic violence temporary restraining order, how many acts of abuse did you allege at that time?

136

MS. HEARD: I gave the last couple, I believe, last two incidents, maybe three.

137

MS. BREDEHOFT: And why didn't you tell of all the acts of abuse at that time?

138

MS. HEARD: I was following advice from my counsel.

139

MS. BREDEHOFT: Okay. How many instances of abuse were y included in the U.K. trial?

140

MS. HEARD: There were 14 acts of physical abuse and violence and three acts of sexual abuse.

141

MS. BREDEHOFT: Why were those 17 included in the U.K. trial?

142

MS. HEARD: Well, I was not a party, a direct party; I was a witness, so it was whatever their counsel, the Sun counsel, chose.

143

MS. BREDEHOFT: When is the first time you were called upon to provide a detailed accounting of as many times as you could recall of physical and sexual abuse by Mr. Depp?

144

MS. VASQUEZ: Objection. Hearsay.

145

MS. BREDEHOFT: That's not hearsay, Your Honor. I'm asking her when she was called upon to do so.

146

THE COURT: Well, the objection is hearsay.

147

MS. BREDEHOFT: Right. But it's not offered to prove the truth of the matter asserted, and it's just asking for a date.

148

THE COURT: All right. Overruled.

149

MS. BREDEHOFT: Thank you.

150

MS. HEARD: Few months ago, February in 2022, so this year, was the first time I was asked to do so, other than cold in the deposition.

151

MS. BREDEHOFT: And when you were asked to provide those, what did you do to be able to prepare that I. accounting, that full accounting?

152

MS. HEARD: I had the benefit of my therapist's notes.

153

MS. VASQUEZ: Objection. Hearsay.

154

MS. BREDEHOFT: So, Your Honor, she's not saying what the therapist said. I'm just ask--

155

THE COURT: I'll overrule the objection.

156

MS. BREDEHOFT: Thank you.

157

MS. BREDEHOFT: Go ahead.

158

MS. HEARD: I looked at my therapist's notes. I had the benefits of those notes, which we had received in February, as well as I reviewed calendars, photos, text messages, my journals, my diaries, of which there were many. I put all of those together. It took a lot of time to be able to, you know, adequately refresh my recollection and fill in the details over the course of the five years we were together.

159

MS. BREDEHOFT: And what did you do when you put that all together?

160

MS. HEARD: I kind of filled in and collected all of these various pieces of information and gave a fuller account, as best I could, for each incidence of violence that I had record of. I think it was called an interrogatory.

161

MS. BREDEHOFT: In this case?

162

MS. HEARD: In this case.

163

MS. BREDEHOFT: All right.

164

MS. HEARD: Excuse me.

165

MS. BREDEHOFT: Did you sign that under oath?

166

MS. HEARD: I did.

167

MS. BREDEHOFT: And it was provided through counsel for Mr. Depp?

168

MS. HEARD: It was.

169

MS. BREDEHOFT: Okay. It was a pretty lengthy document?

170

MS. HEARD: It was far too long.

171

MS. BREDEHOFT: And how is it that you didn't just remember all of those events like this?

172

MS. HEARD: That's not how your memory or my memory works. You know, we were together for five years, almost, four and a half, and it was a very violent, chaotic, at times very loving, emotional relationship. So as anyone can imagine, there was a lot going on, and unfortunately, the violence became almost normal, especially towards the end. It was just -- it's hard to even -- it's hard to say that now, but the violence was almost normal, and, you know, your brain does with trauma what it does, puts it away best you can.

173

MS. HEARD: So, I was -- frankly, I was shocked to see a lot of the information presented to me through my therapist's notes because she was taking --

174

MS. VASQUEZ: Objection, Your Honor. Hearsay.

175

THE COURT: All right. I'll sustain the objection.

176

MS. BREDEHOFT: Okay. We'll move past, what the therapist said in her notes. Okay.

177

MS. BREDEHOFT: Now, there's one more. You also provided a declaration in this case early on. Do you recall that, trying to move the case to California?

178

MS. HEARD: Yes. There was a declaration in 2019. 1;

179

MS. BREDEHOFT: All right. And did you describe some of the events of violence in that declaration?

180

MS. VASQUEZ: Objection. Leading.

181

MS. BREDEHOFT: What, if anything, was said about violent acts in that declaration?

182

MS. HEARD: I was taking the advice of my counsel. We had done - it was to get it moved, I believe.

183

MS. BREDEHOFT: Okay. And was there -- did you include all of them?

184
185

MS. VASQUEZ: Objection. Leading.

186

THE COURT: Overruled.

187

MS. BREDEHOFT: Thank you.

188

MS. HEARD: No, I did not include all of the incidents of violence. That was not the point of making this declaration. We were making this declaration in effort to move it to California because as hard as it is to go through this sort of trial as it is, it's even harder to do so in a place that neither Johnny nor I are connected to.

189

MS. BREDEHOFT: Okay. Now, you testified earlier about guitars, and you said you've never played a guitar. Have you ever played a guitar player in a movie?

190

MS. HEARD: You could say I posed with a guitar. It turns out I am unteachable.

191

MS. BREDEHOFT: Okay. I'm going to take you to the tape recordings. Why did you and Mr. Depp start ! taping each other?

192

MS. HEARD: Well, at first, it was - not at first - it was meant to be a way to get to the heart of our - some of our communication issues, in order to do - to discover in a therapeutic fashion kind of what was some of our issues in our communication.

193

MS. BREDEHOFT: Now, we heard an audiotape earlier during this trial in which you said the word couch, repeatedly. Can you please explain to the jury what that meant?

194

MS. HEARD: Yes. "Couch" was a word that we had been given, that we decided upon, rather --

195

MS. VASQUEZ: Objection. Hearsay.

196

MS. BREDEHOFT: Just tell us what Mr. Depp said about this.

197

MS. HEARD: That it was -- it was a safe word. It was meant to be a safe word. Like a word -- like "truce," where you put down the proverbial guns and you say, "Truce. We're not fighting anymore." Couch was supposed to be a word that you used -- that we used as a truce. "I don't want to fight anymore. You win. Let's stop this." That was the mention of couch which you heard earlier in a recording.

198

MS. BREDEHOFT: Now, what, if any, discussions did you have with Mr. Depp about threatening to divorce each other or threatening to leave?

199

MS. VASQUEZ: Objection. Calls for hearsay to the extent it calls for Ms. Beard's statements.

200

MS. BREDEHOFT: I'm asking for discussions with Mr. Depp.

201

THE COURT: It's still hearsay.

202

MS. BREDEHOFT: Just tell us what Mr. Depp said. Don't tell us what you said.

203

MS. HEARD: Can you repeat the question?

204

MS. BREDEHOFT: Yes. What did Mr. Depp say in your discussions about the use of the tenn "threatening to divorce" or threatening to leave each other?

205

MS. VASQUEZ: Objection. Leading.

206

THE COURT: Overruled.

207

MS. HEARD: Well, Johnny would always say the only way out of this was death. But in fights, in particularly heated ones, we had found, you know, we were using divorce in the fights, in some of our heated fights. We tried not to, but that kind of deteriorated after the December incident that I got beat up pretty badly in, and after that point, it was used a lot more often.

208

MS. BREDEHOFT: Okay. Now, March 26th, 2015, this is after the first Australia trip and after the staircase incident. I'm going to ask--

209

MS. BREDEHOFT: Michelle, can you bring up Depp Exhibit 371A. This is a tape recording, and it's going to be at 1 minute -- 1:01 to 2:29.

210

THE COURT: Could you say that time again?

211

MS. BREDEHOFT: Yes. It's 1 :01 to 2:29, and if we could -- I don't know whether you would up that volume. It's hard to hear.

212

THE COURT: Is this in evidence already?

213

MS. BREDEHOFT: I'm moving it into evidence, Your Honor. But these are the tape recordings between the two which I think we had agreed.

214

THE COURT: Is there any objections to 371A?

215

MS. VASQUEZ: Your Honor, if you could, just give me a moment to assure there are no other voices.

216

THE COURT: It's not in evidence.

217

MS. VASQUEZ: It's not in evidence, Your Honor. So could you please confirm that there are no other voices?

218

MS. BREDEHOFT: I will confirm that. And it's Depp's exhibit, Mr. Depp's exhibit.

219

THE COURT: Right. Plaintiff's 371A, then, any objection?

220

MS. VASQUEZ: No objection.

221

THE COURT: All right. 371 'sin evidence. Thank you.

222

MS. BREDEHOFT: We may need -- Sammy, if! could just -- if you listen, we may need to O turn that volume up. Sometimes your control is a little bit better than what we have max.

223

MS. HEARD: I see somebody who's changing always into different versions of a person that I recognize for a brief moment, and then he slips away and he disappears.

224

[STAGE DIRECTION]: (Whereupon, the following audio was I played.)

225

MS. HEARD: And then I get a different version of him I get the insecure, scared version of him that lashes out in a different medium every time. So if it's Adderall Junkie Johnny, then he's abusive, and he's a bully and he's mean and he's reactionary and he's incendiary and anything I do and say is cause for violence or anger.

226

MS. HEARD: If I speak to him honestly and bluntly, from the heart, I'm yelling at him If I argue back with him, then I'm abusive. If I don't say anything, then I am dismissive or absent or withdrawn or somewhere in those. If I engage with him, I'm part of the problem, I'm yelling, I'm mean. If I don't engage with him, then I'm mean, I'm part of the problem No matter what I do, I'm fucked. Because if I look at him the wrong way, he's a problem If I say the wrong thing, God knows what it is, I'm the problem I'm the problem either way.

227

MS. HEARD: That's the guy who's on a bunch of fucking speed.

228

[SECTION HEADER]: BY MS. BREDEHOFT:

229

MS. BREDEHOFT: What did you mean when you were saying that to Mr. Depp?

230

MS. HEARD: That no matter -- my perception was that no matter what I did, no matter what I did to deescalate, walk away from him, to confront him, to try to -- nothing I did made a difference. Nothing I did changed his rage at me. Nothing I did changed the violence towards me. Nothing I did calmed him down. And I was constantly doing a juggling act of what kind of version of Johnny I was dealing with. There were different versions of him, and they were dramatically different from one another and even more so than them being different from one another, they didn't even sometimes remember what the other version did or said.

231

MS. HEARD: They acted almost like independent versions of this person depending on what combination of drugs and alcohol he was on.

232

MS. HEARD: That's what I was trying to express to him. It's just the futility of me responding and -- successfully and the futility of trying to constantly negotiate with him and the substances he was on at the time.

233

MS. BREDEHOFT: I'm going to take you to April 15, 2015, the premiere of When I Live My Life Over Again.

234

MS. BREDEHOFT: What, if anything, did you do for that premiere?

235

MS. HEARD: I believe that premiere was in New York City. It was a small independent film I shot I went back to New York to attend the premiere.

236

MS. BREDEHOFT: Michelle, can you bring up Defendant's Exhibit 421, please.

237

MS. BREDEHOFT: Does this accurately depict the scene portrayed in this picture?

238

MS. HEARD: Yes.

239

MS. BREDEHOFT: Your Honor, I'm going to move the admission of Defendant's Exhibit 421.

240

THE COURT: Any objection?

241

MS. VASQUEZ: No objection.

242

THE COURT: 421 in evidence.

243

MS. BREDEHOFT: May we publish to the jury?

244

THE COURT: Publish to the jury.

245

MS. BREDEHOFT: Thank you.

246

MS. BREDEHOFT: Amber, can you please describe to the jury what this picture is.

247

MS. HEARD: That is a picture of me a few months -- I believe this is April of 2015, so it's a few Australia early -- yeah, early March, in which months after the March incident that happened in Johnny held me down on the countertops and my arms were cut on the glass and-- in that attack.

248

MS. BREDEHOFT: And if we could draw attention to your j I 8 arm there, are those scars? What are those? Please describe for the jury what those are.

249

MS. HEARD: Those are scars that I obtained while ,11 Johnny was strangling me and assaulting me on the countertop in Australia.

250

MS. BREDEHOFT: Michelle, can you bring I J 4 up Exhibit 423, please.

251

MS. BREDEHOFT: And does this accurately portray the scene shown?

252

MS. HEARD: Yes. That's --

253

MS. BREDEHOFT: Hold on a second.

254

MS. BREDEHOFT: I'm going to move the 1 20 admission of Exhibit 423, please.

255

MS. VASQUEZ: No objection.

256

THE COURT: 423 in evidence. Publish.

257

MS. BREDEHOFT: Thank you. May we publish?

258

MS. BREDEHOFT: All right. And please describe to the jury what this shows.

259

MS. HEARD: It is a picture of me on the red carpet. You can see my scars. Even though I have makeup on them, they're a bit harder to cover because they're rather fresh.

260

MS. BREDEHOFT: Now, after this, in April of 2015, you IO returned to Australia with Mr. Depp, did you not?

261

MS. VASQUEZ: Objection. Leading. trip.

262

THE COURT: Overruled. I'll allow it.

263

MS. BREDEHOFT: Okay. Thank you.

264

MS. HEARD: Yes, we did.

265

MS. BREDEHOFT: Okay. And tell the jury about that

266

MS. HEARD: Well, after Johnny was able to get clean, off of the coke and the other drugs enough to get the hand surgery he needed, there commenced a period of time of sobriety for Johnny. His doctor had fired him and then came on when Johnny agreed to get clean.

267

MS. VASQUEZ: Objection. Hearsay. Nonresponsive.

268

MS. BREDEHOFT: Don't say what --

269

MS. BREDEHOFT: Your Honor, we've already had the testimony from Dr. Kipper.

270

MS. BREDEHOFT: But don't say what Dr. Kipper did. Just tell the other part. Just don't say what somebody else said, okay?

271

MS. HEARD: So there was this period of sobriety after that, and Johnny was committed to being clean and sober, and I thought we had finally done it. We finally did it. We were through it, and we were never going back, meaning he was going to be clean and sober for good this time, and we had a wonderful period of, you know, we fell back in love, or deeper in love than we were before, it seemed. Things were so good. We were talking about a future again. We were talking about having kids. I mean, when Johnny wasn't using it was so peaceful.

272

MS. HEARD: We had such a not -- we had a good time together. We went back to Australia like that, in that state, and had a few months, even had my parents come visit us in Australia. And we were talking about babies and about buying a farm and, you know, looking for homes in California. We were in a really beautiful, peaceful period. It was wonderful. It was wonderful.

273

MS. BREDEHOFT: Now, how did you -- did you stay at the s same place that you did the earlier time in Australia?

274

MS. HEARD: We went back to a very remodeled version of that home -- I mean remodeled, very cleaned-up version of that home. Same home, same structure, but looked a bit different, as you can imagine.

275

MS. BREDEHOFT: How did you feel going back to that home, given what happened in March, early March?

276

MS. HEARD: You know, the home isn't the problem. You know, if you're living in domestic violence, you don't just not go home. You know, you don't just not go into the kitchen just because you were slapped in that kitchen. People living in domestic violence live in their homes. That's almost--you know, the home isn't the problem. That's the normal part of your home. And for me, you know, Johnny was my home. Where we were a couple was my home, and that home was often really violent. But it wasn't the structure itself; it was Johnny.

277

MS. HEARD: And when we moved back to Australia, that home, Johnny, was in a completely different -- you know, he had done a complete 180, clean, sober, present, calm. We were peaceful. I mean, any of the gripes and the problems that he seemed to have about me went away when he was sober. And so we hadn't really-- managed to go back to that same house, but in a very different way. It felt very different.

278

MS. BREDEHOFT: Okay. June 16, 2015, the Magic Mike ! 17 tour, where did you go for that tour?

279

MS. HEARD: While I was in Australia, I got the call for that press tour and went to Europe for the press tour for that movie. And, you know, there was a risk because problems arise when I'm having to work, having to leave.

280

MS. VASQUEZ: Objection. Nonresponsive.

281

MS. BREDEHOFT: No, that was still responsive, Your Honor.

282

THE COURT: Well, I'll sustain the objection.

283

THE COURT: Next question.

284

MS. BREDEHOFT: Michelle, can you please bring up Exhibit 447.

285

MS. BREDEHOFT: I'm going to ask you first does this accurately portray the scene depicted?

286

MS. HEARD: Yes.

287

MS. BREDEHOFT: Your Honor, move the admission of Exhibit 447.

288

MS. VASQUEZ: No objection.

289

THE COURT: 447 in evidence. You can publish.

290

MS. BREDEHOFT: Thank you. Michelle, if you could, zoom in just a little bit closer.

291

MS. BREDEHOFT: Amber, could you tell the jury about this picture.

292

MS. HEARD: Yes. That's me on the red carpet promoting the Magic Mike movie I was in. You can see the scars on my body -- on my arms.

293
294

MS. HEARD: You can't see everything, of course, but.

295
296

MS. BREDEHOFT: And, Michelle, can you bring up Defendant's Exhibit 449.

297

MS. BREDEHOFT: And, Amber, does this accurately depict the scene portrayed?

298

MS. HEARD: Yes, it does.

299

MS. BREDEHOFT: Your Honor, I'll move the admission of Defendant's 449.

300

MS. VASQUEZ: No objection.

301

THE COURT: 449 in evidence. Publish.

302

THE COURT: Q And, Amber, can you please describe to the jury what this portrays.

303

MS. HEARD: This is a -- you can see the scars on my arm from that attack. Also, this time, Johnny was calling me on the phone before and after, you know, while I was doing these press events, and sometimes I would be on the phone with him, kind of managing accusations about why I didn't pick up sooner, didn't text back sooner, and, sometimes I -- actually on this tour, many times, I had to delay getting out of the car or --

304

MS. VASQUEZ: Objection.

305

MS. BREDEHOFT: I'll ask -- Is

306

MS. BREDEHOFT: How did Mr. Depp react to your going on this press tour?

307

MS. HEARD: He was very upset with me. I just remember crying on the phone with him a lot and having to hang up to go do press events.

308

MS. BREDEHOFT: All right. Thank you. Now, I'm going to take you to the Southeast Asia train trip. That was your honeymoon trip, correct?

309

MS. HEARD: Yes, it was.

310

MS. BREDEHOFT: Okay. And that was July 25, 2015?

311

MS. HEARD: Yes, it was.

312
313

MS. BREDEHOFT: Michelle, I'm going to ask you to bring up Plaintiff's Exhibit 162.

314

MS. BREDEHOFT: It's already into evidence.

315

MS. BREDEHOFT: Now, Mr. McGivern testified that he took this picture in July of 2013. Would you agree with that?

316

MS. VASQUEZ: Objection. Misstates prior testimony.

317

MS. BREDEHOFT: That's exactly what he s testified to.

318

MS. VASQUEZ: It wasn't.

319

MS. BREDEHOFT: I have the transcript.

320

THE COURT: All right. I don't know -- go ahead.

321

MS. VASQUEZ: It's Mr. Connolly.

322

MS. BREDEHOFT: Is that correct?

323

MS. HEARD: I believe Malcolm Connolly took this on the eastern - I mean, on the Orient Express.

324

MS. BREDEHOFT: Malcolm Connolly, not Travis McGivern?

325

MS. HEARD: I believe it was Malcolm on that trip with us, yes.

326

MS. BREDEHOFT: Okay. And was it 2013 or 2015?

327

MS. HEARD: It was in 2015.

328
329

MS. HEARD: July.

330

MS. BREDEHOFT: And please describe, if you can, what transpired during this trip.

331

MS. HEARD: Well, the train trip itself was peaceful up until Johnny wanted to start drinking brown alcohol. He had already started drinking champagne; when I returned from the press tour, that's what -- he was drinking wine and champagne. And when I -- when he wrapped on Pirates 5, the plan was for us to do this honeymoon. You know, I was walking a bit on eggshells because I know a pattern, but I was not wanting to accept that it was -- that we had gone back to a pattern at all.

332

MS. HEARD: And so we were on this train, and on the last night we were on the train, after this was taken, this photo, Johnny and I got in an argument about him wanting to be allowed, meaning him wanting me to agree to him drinking liquor and being okay with it. And an argument followed that in the -- in our sleeping car. Johnny slapped me across the face and held me up by the -- kind of got ahold of my neck and pushed me up against the wall of the car.

333

MS. HEARD: It was a small, narrow sleeper car. There was two beds, one on each side. He had me up against the wall while he was standing on the floor in between the beds, and I was on the bed, kind of half kneeling, half standing, trying to get his arms off my neck, and he was squeezing my neck against the railway car for what felt like a very long time. And every time he kind of would pull me away from the side of the car, he'd slam me up against -- slam me up against the wall. And I remember looking down at him and trying to get his arms off of my neck.

334

MS. HEARD: And I remember thinking that he could -- he couldn't -- not even mean to kill me. You know, I remember being scared that he wouldn't even mean to do it and kind of looking down at him, because I was slightly above him as he was standing on the ground, and kind of clawing at him, trying to get him to, you know, his arms away from my neck. I remember I had a -- at one point, he ripped the top of my shirt -- I don't remember I what it was, but I remember I had a breast exposed. At some point, I pull at his lapel of his shirt, and he rips the shirt off of him and wraps it around my neck. And that's how I woke up the next morning, actually. I woke up with it still around my neck and a giant knot in the back of my head.

335

MS. BREDEHOFT: Did you keep a diary at that time?

336

MS. HEARD: Yes, I did.

337

MS. BREDEHOFT: Michelle, can you bring up Defendant's Exhibit 461.

338

MS. VASQUEZ: Objection. Hearsay.

339

MS. BREDEHOFT: It is a diary, Your Honor, and I will just ask her some questions about it rather than trying to admit it into evidence at this point.

340

THE COURT: I'll wait for the question.

341

THE COURT: Go ahead.

342

MS. BREDEHOFT: What, if anything, do you recall about recording what transpired on that train?

343

MS. VASQUEZ: Objection. Hearsay.

344

MS. BREDEHOFT: I'm just asking her whether she did. I'm not asking what she recorded.

345

THE COURT: All right. I'll allow it.

346

THE COURT: Go ahead. Overruled.

347

MS. HEARD: I wrote about what happened that night the next morning.

348

MS. BREDEHOFT: Thank you. Now, did Mr. Depp suffer any injuries on that trip?

349

MS. HEARD: Not that I saw. I have a lot of pictures from that trip, and he's uninjured.

350

MS. BREDEHOFT: Okay. Thank you.

351

MS. BREDEHOFT: We can take that down, Michelle. Thank you.

352

MS. BREDEHOFT: Now, I'm going to keep you in July of 2015.

353

MS. BREDEHOFT: And, Michelle, I'm going to ask you to bring up Depp Exhibit 390A. It's a recording, and I'm going to be asking about from 3:30 to 4:12. We move the admission, Your Honor, another recording between Mr. Depp and Ms. Heard. There's nobody else --

354

THE COURT: Plaintiff's -- what number was that?

355

MS. BREDEHOFT: It's Plaintiff's 390A.

356

THE COURT: Okay. Any objection to 390A?

357

MS. VASQUEZ: I'm sorry, Your Honor.

358

THE COURT: Okay.

359

MS. VASQUEZ: May we approach?

360

THE COURT: Okay.

361

[STAGE DIRECTION]: (Sidebar.)

362

MS. VASQUEZ: Your Honor, I have an objection to defense counsel using plaintiff's exhibits --

363

THE COURT: That's fair game.

364

MS. VASQUEZ: -- in direct examination.

365

THE COURT: That's fair game.

366

MS. VASQUEZ: Okay. Thank you.

367

[STAGE DIRECTION]: (Open court.)

368

THE COURT: Any objection, then?

369

MS. VASQUEZ: No objection.

370

THE COURT: All right. 390A in g evidence.

371

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

372

MS. HEARD: I saw you in there earlier, whatever.

373

MR. DEPP: Doesn't matter.

374

MS. HEARD: It's fine. It's secretive, it's deceitful. You already fucking -- you got -- you had trouble with me before when you said to me that you didn't feel like you were told when I was recording you. So please stop.

375

MR. DEPP: You -- I -- you didn't tell me --

376

MS. HEARD: Please stop.

377

MR. DEPP: You did not tell me.

378

MS. HEARD: Please stop.

379

MR. DEPP: Fucking acknowledge what I'm saying before you keep making demands. You are not a schoolteacher.

380

MS. HEARD: Okay.

381

MS. HEARD: MR. DEPP": Shut the fuck up.

382

MS. HEARD: Don't tell me to shut up.

383

MR. DEPP: Listen to me, and then you can fucking respond. Understand?

384

MR. DEPP: You ain't nobody's fucking mom. You ain't no schoolteacher. Don't fucking pretend to be authoritative of me.

385

MS. HEARD: Okay. Fine. Leave it on.

386

MR. DEPP: You don't exist.

387

[SECTION HEADER]: BY MS. BREDEHOFT:

388

MS. BREDEHOFT: What were you discussing in that call?

389

MS. HEARD: We were discussing whether or not it was all right to record each other without the other's permission, and Johnny said it didn't matter anymore, the requirement of that permission ,14 from me. I was trying to say, "Hey, we agreed."

390

MS. BREDEHOFT: Okay. Let's go to August 2015. Please describe your relationship with Mr. Depp in that time frame.

391

MS. HEARD: You said August?

392

MS. BREDEHOFT: August 2015.

393

MS. HEARD: August 2015 was a very difficult time following the brief honeymoon we had. Johnny's use continued -- well, started again is a better, way to describe it -- and lo and behold, so did our disagreements coincidentally -- not coincidentally.

394

MS. HEARD: I got an offer to do a job, which was already a problem -- or problematic. I was considering working on a TV series that had James Franco in it. I was asked if I would meet with the people who were making the show.

395

MS. VASQUEZ: Objection. Hearsay.

396

MS. BREDEHOFT: It's not offered to prove the truth of the matter.

397

THE COURT: Overruled.

398

MS. BREDEHOFT: Thank you.

399

MS. HEARD: And so I was considering taking that job, and there was a possibility it would require brief nudity, which I knew I would have to negotiate down, but obviously that was a problem for Johnny, didn't want me to do that, didn't want me to work, and frankly I needed to.

400

MS. HEARD: And there was another film I had coming out that I had previously shot called London Fields. It was a source of a lot of fighting between us because of the sexuality in the role, it was a constant negotiation between myself and the filmmakers. They made a film, and Johnny heard -- told me that he had heard about it, was unhappy with some of what he had heard. He was unhappy with me having done a sex scene in it that he claimed I didn't tell him about.

401

MS. HEARD: I did not actually film the scene he was speaking of. He demanded that we watch the -- a screener of it, which is like a version of the film before it's released. We got one sent to where we were at the time, Johnny's chateau in France; it's in a remote part of France. And once again, we're in this remote place and we're screening this film that I appeared in, and there was a scene, a sex scene, in that movie that started before -- Johnny freaked out because it looked like me. They had used a body double. Unbeknownst to me, without my permission, they used a body double to do a sex scene.

402

MS. HEARD: So I have an incredibly jealous man who already is upset with me for breaking the rule that I had a sex scene. On top of that, I'm telling him, "It wasn't me. I didn't shoot that scene." And you can imagine how upset he was. He was irate and was calling me a liar, a whore, among other things. And we had this -- that combined with the fact that I had even entertained doing this job that involved James Franco was a pressure cooker. I called it a week of hell later.

403

MS. VASQUEZ: Objection. Hearsay.

404

THE COURT: Overruled. That's fine.

405

MS. HEARD: Johnny, at one point, slapped me in the face in our bedroom in the chateau that we were staying in. At another moment, he punched me across the jaw. At one point, he kind of either pushed or threw-- it's hard to describe to you which of those two it is because I can't tell you. I just know I went flying into this old church furniture. I later thought I had a concussion. It the first time I thought I had sustained a concussion, and that's -- I wrote about it later.

406

MS. BREDEHOFT: Now, did there come a time in this time I frame that you found a folder on Mr. Depp's computer?

407

MS. HEARD: Yes. 1: :sw:s opening page, desktop. It said, "NO FUN FOR JD" in all caps.

408

MS. BREDEHOFT: And what was in that folder?

409

MS. HEARD: It was a collection of pictures of me from various red carpets starting on the press tours that I had been on where it was zoomed-in pictures of what he thought was, you know, like, inappropriate clothing, side boob, cleavage anytime I moved and then -

410

MS. VASQUEZ: Objection. Calls for speculation.

411

THE COURT: I'll sustain as to what she believes it was.

412

MS. BREDEHOFT: Okay. we have seen today?

413

MS. BREDEHOFT: What pictures were in that folder that •21

414

MS. HEARD: The ones that I saw of the kind of rose gold dress and the red dress were both in that file.

415

MS. BREDEHOFT: Now, what, if anything, did Mr. Depp say to you or ask you about how you got those cuts on your arms?

416

MS. HEARD: Nothing.

417

MS. BREDEHOFT: What, if anything, has Mr. Depp ever said to you or asked you about any injuries that you've sustained over those years?

418

MS. HEARD: Johnny's obviously never asked me how I got any of those scars.

419

MS. BREDEHOFT: Did you ever witness Mr. Depp self-injuring himself?

420

MS. HEARD: Often. He did that often.

421

MS. BREDEHOFT: Please tell the jury about that. What did he do?

422

MS. HEARD: I first started - I first started - I can't tell you what I told my therapist, but - but I almost called 911 in New York in 2014, August of 2014, I believe, because I thought he had done himself an injury. He often, in fights, would cut his arms or hold a knife to his chest or superficially at first, but later, like in 2016, especially as our relationship was ending - oh, he also put cigarettes out on himself. He'd flick them at me and once or twice tried to put one out on me. But mostly he would do it while screaming at me. He once did it right in front of me, screaming at my face as he put the cigarette out on his cheek.

423

MS. BREDEHOFT: Now, I'm going to take you to September 15, 2015.

424

MS. BREDEHOFT: And, Michelle, if we can bring up Depp exhibit -- that's Plaintiffs Exhibit 345A. This is another audio recording and it's 5:54 to 7:55.

425

MS. BREDEHOFT: I would like to move the admission, Your Honor.

426

THE COURT: Allright. any objection?

427

MS. VASQUEZ: No objection.

428

THE COURT: All right. 45A in evidence.

429

MS. BREDEHOFT: If you could, play it, Michelle, please.

430

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

431

MR. DEPP: Do you mind? Are you sure?

432

MS. HEARD: I was going to pour you one.

433

MR. DEPP: I'm an alcoholic. Are you sure?

434

MS. HEARD: I don' have any control over how much you drink. But you don't have any control over whether I tell you the truth or not. O Have you changed lately? Yeah, you've changed.

435

MR. DEPP: Oh, your truth is really interesting, too.

436

MS. HEARD: Okay. Yeah. Well, I'm the first person that's --

437

MR. DEPP: Give me a glass of wine, please, so I can go downstairs.

438

MS. HEARD: Okay. Yes, your escape route; I see.

439

MR. DEPP: I'm not escaping. I'll be back in a few minutes.

440

MS. HEARD: Oh, of course. 15 minutes. Just like last time.

441

MR. DEPP: 15 minutes?

442

MS. HEARD: Just like last time, when you -- I had to pull you out of the bathroom -- well, I did not pull you out of the bathroom, but...

443

MR. DEPP: Bathroom? What are you I 8 talking about?

444

MS. HEARD: When you passed out naked ! 10 in the bathroom in there.

445

MR. DEPP: Did you pull me out?

446

MS. HEARD: I tried to.

447

MR. DEPP: You did?

448

MS. HEARD: Yeah.

449

MR. DEPP: Oh, did you get inside?

450

MS. HEARD: I didn't get inside.

451

MR. DEPP: Well, how did you try to pull me out?

452

MS. HEARD: By pounding on the door and waking you up every 15 minutes, and then falling asleep next to the door so I could hear you snore, in case that you vomited, I could call EMS if you I I j l ever stopped snoring.

453

MR. DEPP: Because you were afraid I was going to die.

454

MS. HEARD: I thought you would choke •5 on your own vomit, which is very likely with you.

455

MR. DEPP: Really?

456

MS. HEARD: Yes. Very likely. I 8

457

MR. DEPP: I vomit a lot?

458

MS. HEARD: Yes.

459

MR. DEPP: Do I?

460

MS. HEARD: Yes, you do vomit a lot. In your sleep, even more.

461

MR. DEPP: Really?

462

MS. HEARD: Oh, it's news to you? Then I this is affecting you a lot more than I thought it was.

463

MR. DEPP: Amber, you're so good. I hope, I hope so --

464

MS. HEARD: Right. You don't vomit a lot? Are you going to tell me that? Look me in the eye and tell me you don't vomit a lot. Come on, tell me. You don't vomit a lot?

465

MR. DEPP: Only when I'm with you.

466

MS. HEARD: You're always with me. At least one minute you try to --

467

[STAGE DIRECTION]: (Sound effects.)

468

[SECTION HEADER]: BY MS. BREDEHOFT:

469

MS. BREDEHOFT: Please explain to the jury what the issue was in this particular tape recording.

470

MS. HEARD: Well, Johnny at the time was wanting to go and drink downstairs at a bar, and we were talking about 15 minutes because the last several times he had done that, it had been days. He would disappear on a bender, get really sick, and, you know the drill by now, having heard enough from me.

471

MS. HEARD: So another issue that we were having at the time, or that he was having at the time, that affected me is that he would pass out and vomit and vomited very, very regularly at this stage. He was obviously drinking again. I'd given up fighting with him on that at that stage, and what I had a habit of doing is turning him over onto his side so he doesn't choke on his own vomit. It's very common for people who do that to asphyxiate, at least that's what I understood, so the advice I got was turn him to his side, put a pillow underneath his back, and turn his head so that he didn't asphyxiate.

472

MS. HEARD: And one time I was doing that, and he swung at me and I told medical. And they- after I got their advice - I realize I can't say what the advice was, but after I got their advice I stopped doing that. I tried to, as much as I could, leave him and just be ready to call 911 or help if I heard him choking. And sometimes that happened behind bathroom doors.

473

MS. BREDEHOFT: Well, and that's going to take me to September 27, 2015, again, Depp -- Plaintiffs Exhibit 356A, and the recording is 31 :07 to 32:30.

474

MS. BREDEHOFT: And we would move the admission, Your Honor.

475

THE COURT: Any objection to that?

476

MS. VASQUEZ: No objection.

477

THE COURT: All right. 356A in evidence, plaintiff's.

478

MS. BREDEHOFT: Thank you, Your Honor.

479

MS. HEARD: And I lied.

480

[STAGE DIRECTION]: (Whereupon, the following audio was b played.)

481

MR. DEPP: And that you punched me in the fucking --

482

MS. HEARD: You're right.

483

MR. DEPP: Thing-- in the face.

484

MS. HEARD: You figured it out.

485

MR. DEPP: And you said, "No the fuck I --no, I didn't. What the fuck are you talking about?"

486

MS. HEARD: I didn't punch you.

487

MR. DEPP: And I watched you lie. And then I --

488

MS. HEARD: I didn't punch you, by the way. You -- I'm sorry that I didn't hit --

489

MR. DEPP: You, uh, punched me.

490

MS. HEARD: You across the face in a proper slap, but I was hitting you. I was not punching you. Babe, you're not punched.

491

MR. DEPP: Don't tell me what it feels like to be punched.

492

MS. HEARD: You know you've been in a l lot of fights; been around a long time. I know --

493

MR. DEPP: No. When you fuckin' have a Is closed fist --

494

MS. HEARD: You didn't get punched. You got hit. I'm sorry hit you like this. But I ,8 did not punch you. I did not fucking deck you. I fucking was hitting you.

495

MR. DEPP: You can't deck me.

496

MS. HEARD: I don't know what the full motion of my actual hand was, but you're fine. I did not hurt you. I did not punch you. I was hitting you.

497

MR. DEPP: How are your toes?

498

MS. HEARD: What am I supposed to do? Do this?

499

MR. DEPP: How are your toes?

500

MS. HEARD: I'm not sitting here bitching about it, am I? You are.

501

MR. DEPP: All right.

502

MS. HEARD: That's the difference between--

503

MR. DEPP: Your poor toes.

504

MS. HEARD: Me and you. You're a fuckin' baby.

505

MR. DEPP: Because you start physical fights?

506

MS. HEARD: You are such a baby. Grow the fuck up, Johnny.

507

MR. DEPP: Because start physical fights?

508

MS. HEARD: I didn't start a physical fight.

509

MR. DEPP: Yeah, you did. So I had to get the fuck out of there.

510

MS. HEARD: Because -- yes, you did. So you did the right thing, the big thing. You know what, you are admirable. Every single time, what's your excuse? When there's not a physical fight, then what's the excuse then?

511

MS. HEARD: You're still being admirable, right, just by running away? _2_2 ____________________ --.

512

[SECTION HEADER]: BY MS. BREDEHOFT:

513

MS. BREDEHOFT: Amber, please explain to the jury what's transpiring in that audio recording, what that's about.

514

MS. HEARD: There's two different -- there's two different situations that we're referencing in this fight, two different altercations between Johnny and I involving the door. The first of which, which we first start talking about, where I'm talking about hitting him, I'm talking about -- what that conversation is about is about the disparity, the disparity between Johnny and I in our physical fights, the disparity of how he would proactively punch me and I would have to resort to reactively hitting him.

515

MS. HEARD: I'm talking about the difference between a punch, which Johnny did often, and me having to hit him in my defense.

516

MS. HEARD: I know the difference between those two, and I'm highlighting the difference between those two. Even if he wasn't twice my size, they're very different, and that's what I'm pointing out to him.

517

MS. HEARD: The situation that involved, the context of that is it happened in our bedroom, up in penthouse 3 -- you've heard us talk about that place -- and I was trying to shut the door, our bedroom door, actually. I was trying to barricade myself behind this door, and Johnny was trying to get through the door. He was using his body and his limbs to try to bust through the door, and I was trying to keep it closed because I knew what he would do to me if he got to me on the other side.

518

MS. HEARD: And I was hitting his arms -- his arms, his body as he was trying to prevent me from closing the door.

519

MS. HEARD: And that is a separate incident that we later talk about in the second half of that recording where we're talking about my toes. That involved a different incident which was a bathroom door, and it was one of those ones that he was passing out in, and I could hear him passing out or what it sounded like to me behind a closed door as passing out. I heard a thud. I heard a lot of commotion. I heard a glass break, and I hear what it sounds like his body falling against the bathroom door. I open it to check on him, as I was accustomed to doing at that time. Johnny violently reacted to me opening the door, pushed it against me. It ran up over my toes, and he angrily came around the side of the door, swinging at me. I naturally pushed the door off of my feet, responding to the pain and also to the awareness, the knowledge that he was coming for me.

520

MS. HEARD: Johnny later denied - well, later he blamed me and his inability to understand what happened in that he was not in his right mind and he misunderstood that interaction and tried to blame me for starting a physical fight between us. And he even later went so far as to say, "I wasn't even going to hit you."

521

MS. HEARD: And that was the - that was the second door. I only can - I only could respond by trying to take accountability for my actions in it, what he understood my actions were, and my interpretation and what I'm trying to say to him is "Look, I can only do my best to respond. I was in pain. I was scared, and I can't promise you that when I'm scared and in pain that I won't react, thinking I know very well what our situation is and what's going to happen to me should I not react.

522

MS. BREDEHOFT: Thank you. So I'm going to play another clip from that same discussion.

523

MS. BREDEHOFT: And, Your Honor, it would be Plaintiffs exhibit Depp's 5 -- 356B we'll call that, and it would be from 1 :29:27 to 1:30:07. And I'd like to move the admission.

524

THE COURT: All right. Any objection?

525

MS. VASQUEZ: No objection, Your Honor.

526

THE COURT: All right. 356B in evidence.

527

MS. BREDEHOFT: Thank you, Your Honor.

528

MS. BREDEHOFT: Michelle.

529

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

530

MS. HEARD: I can't promise you that I'll be perfect. I can't promise you I won't get physical again. God, I fuckin' sometimes get so mad I lose it. I can fuckin' promise I will do everything to change. I promise you. I'm not going to throw around divorce. I will not say divorce unless I really mean it. Unless it's it. And then, I hope you leave me. I'm not going to -- and me too. I will leave you. It's fair. I can't do it, you know.

531

MS. HEARD: And I think, honestly, if we hold each other accountable to that, it's fair.

532

[SECTION HEADER]: BY MS. BREDEHOFT:

533

MS. BREDEHOFT: Please explain to the jury what's going on in that part of the discussion.

534

MS. HEARD: That's the same conversation where I am -- as I was accustomed to doing, I'm taking as much responsibility as I had to in those interactions. I have to, you know, in my relationship with Johnny, and as you have to when somebody will not and cannot take any accountability for anything they do in a fight, as Johnny couldn't and wouldn't, I took on as much as I could for myself. You know, I had, the whole relationship, been blamed for everything: For his drinking, for him hitting me, for everything in between, blamed for walking away, blamed for staying. And I blame myself as well, blame myself for my part in it. Blame myself for staying. Blame myself for putting up with it, and frankly at a certain point, it's easier to take the blame, feels easier. It almost feels better to take the blame for something than to accept the senseless nature of the violence you can't change.

535

MS. HEARD: You know, it's almost more reassuring to take accountability for it than to accept the senseless nature of the violence that you can't change, no 115 matter what you do, no matter what I did. No matter what I did, he still hit me.

536

MS. BREDEHOFT: I'm now going to take you to October 5, I 18 2015.

537

MS. BREDEHOFT: And, Your Honor, Plaintiff's Exhibit -- Depp's Exhibit 393A, another recording, 2:40 to 3:43. Move the admission.

538

MS. VASQUEZ: No objection.

539

THE COURT: All right. 393A, plaintiff's, in evidence.

540

MS. HEARD: Johnny, they don't know. None of your friends, whether they saw a tiny fraction, that was the tip of an iceberg. A tip of an iceberg. That was my reaction to, yet, again, this happening. That is the tip of the iceberg. If you want to use that as some sort of, like, mental excuse or validation of whatever of telling your friends or whatever they think or whatever they think about me, whatever, fine. But they only saw a tip of an iceberg. None of your friends --

541

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

542

MR. DEPP: Let me ask you a question.

543

MS. HEARD: And none of this team has actually been there for one of our fights.

544

MR. DEPP: Oh, boy.

545

MS. HEARD: They've never actually seen.

546

MR. DEPP: That's not -- that's not true.

547

MS. HEARD: Really? Have they been in the hallway? Yeah.

548

MR. DEPP: They've heard everything.

549

MS. HEARD: Have they seen -- baby, that is absolutely not true. They have not heard everything.

550

MR. DEPP: And maybe even could fuckin' quote us.

551

MS. HEARD: Great. He can quote a part of it. But he has not been there. No one has actually been there for a fight in its entirety.

552

MR. DEPP: No. How could they?

553

MS. HEARD: No. Exactly. So stop using that as some sort of excuse, like they see it. They know. They work for you or they're your friends.

554

MS. BREDEHOFT: Please explain to the jury what you were discussing in that conversation.

555

MS. HEARD: Johnny would often use the fact that his, you know, paid employees, his loyal staff, would back him up in fights and that they would - he would constantly threaten to call them in to validate him, threaten to call them to come into the room to have them back up him and say that it was, you know, that my yelling or that I'm at fault, that I'm in the wrong, that it's on me.

556

MS. HEARD: And he would do that in almost all of our fights, especially by 2015, he would call his friends and he would call his staff in to back him up so that I knew and would accept that I'm at fault and that I'm wrong. And that was, you know, what I had to agree to, over and over again, just to even hope that we could have a conversation at some point in a more therapeutic sense so we could move the conversation along. That was his MO, if you will: Call people that work for him to back him up.

557

MS. BREDEHOFT: I'm going to take you to Thanksgiving 2015. Could you please just tell the jury -- and we'll go through this one relatively briefly, but tell the jury about Thanksgiving and any altercations you had with Mr. Depp on that occasion.

558

MS. HEARD: Thanksgiving 2015, we had friends over. Johnny had Marilyn Manson over, and I had a few of IS my friends over. We had his son over and maybe -- maybe my father. I'm not entirely sure how long 1; he was there. We had dinner together. Johnny was disappearing with Manson, doing coke. This was --

559

MS. VASQUEZ: Objection. Calls for O speculation.

560

THE COURT: All right. I'll sustain ! that objection...

561

MS. BREDEHOFT: How do you know he was disappearing with Mr. Manson with coke?

562

MS. HEARD: It's what I knew of their relationship at the time.

563

MS. VASQUEZ: Objection. Calls for speculation.

564

THE COURT: I'm going to sustain the objection.

565

MS. BREDEHOFT: All right.

566

MS. BREDEHOFT: Please continue.

567

MS. HEARD: So he got up for a longer period of time, not the normal every five minutes to go to the bathroom time, but just like he disappeared for a longer period of time. And at this stage I was really dependent on recognizing the patterns of what he was -- I was reliant on trying to figure out what he was on, what combination he was on, so I knew how to deal with him. It was incumbent, you know, on me because it affected my safety. Dealing with somebody who's really high -- dealing with Johnny high on coke and speed, meaning Adderall or some version of that, is different from the opiate Johnny which is different from the booze Johnny or a different combination, and there was quaaludes at the time that Johnny was trying to get it from --

568

MS. VASQUEZ: Objection, Your Honor. Nonresponsive.

569

THE COURT: I'll sustain the objection.

570

MS. BREDEHOFT: Please continue.

571

MS. HEARD: So I wanted to know what I was dealing with. It was important to my safety to know who I was -'t

572

MS. VASQUEZ: Objection. Nonresponsive.

573

THE COURT: All right.

574

MS. HEARD: That's why I followed him.

575

MS. VASQUEZ: Your Honor --

576

MS. BREDEHOFT: All right. So what did you do next?

577

THE COURT: I'll sustain the objection. Next question.

578

MS. BREDEHOFT: What did you do next?

579

MS. HEARD: I went upstairs to the apartment, the main apartment, not the apartment that we were celebrating Thanksgiving in, to try to figure out what was going on. And we had an argument that took place downstairs, and I said something to provoke Johnny. I went up the stairs ahead of him to get back to the party. He grabbed me at the top of the stairs, kind of through the stairs, actually, by my shirt, kind of flung me a little bit. But I just remember I went into the bedroom, kind of retreated into the bedroom, I had a glass of wine in my hand at the time which spilled everywhere and shattered, and I kind of retreated into the bedroom. Johnny came in after me, and there was this heavy, like, vintage-style glass decanter. He picked up the decanter and hurled it at my head, my face. It missed, thankfully, but smashed into a piece of art behind me on the bedroom wall above the bed.

580

MS. HEARD: I got past him. I think there might have been a bit of shoving. I can't really recall the sequence of when that happened, but I wanted to go back downstairs. And I passed my closet; I had to change my shirt, and I went back downstairs to the party to finish the evening out. And I put on a -- you know, a face and we finished the evening with the guests, and then more fighting happened afterwards.

581

MS. BREDEHOFT: Thank you. So we talked about December 15, 2015, last Thursday and also the Bahamas over the holidays. But I did miss one picture.

582

MS. BREDEHOFT: Michelle, can you bring I up Defendant's Exhibit 518.

583

MS. BREDEHOFT: Amber, does that accurately depict the m scene portrayed?

584

MS. HEARD: Yes, it does.

585

MS. BREDEHOFT: Your Honor, I would like to move the admission of Defendant's Exhibit 518.

586

MS. VASQUEZ: No objection.

587

THE COURT: All right. 518, IO defendant's, in evidence.

588

MS. VASQUEZ: You can publish.

589

MS. BREDEHOFT: And this is from December '15, I believe.

590

MS. BREDEHOFT: Can you just please tell the jury what this depicts?

591

MS. HEARD: Yes. It's a picture of my bruised temple. Johnny had his hand on my -- on part of my face with my face down, and he was punching my head, repeatedly punching my head. That's what caused that bruise on my temple. ,21

592

MS. BREDEHOFT: Thank you. Now, we went through Bahamas before, and you returned from Bahamas sometimes late December/early January, correct?

593

MS. HEARD: Yes.

594

MS. BREDEHOFT: Okay. I'm going to take you to January or February of 2016. Can you please describe to the jury what was going on with you and Johnny in this January time frame after this December and the Bahamas incidents?

595

MS. HEARD: After the Bahamas, Johnny's sobriety fell apart, and there was just none of it. It was - he stopped communicating with the medical I

596

MS. VASQUEZ: Objection. Calls for 'Ill team that he had hired. speculation.

597

MS. BREDEHOFT: How do you know that?

598

MS. HEARD: I was there. They fired him.

599

MS. VASQUEZ: Objection. Calls for hearsay.

600

THE COURT: I'll sustain the objection.

601
602

MS. BREDEHOFT: Without telling what the medical people did, go ahead and tell what was going on with you and Johnny.

603

MS. HEARD: Yeah. His mental health, for lack of -what it looked like, his mental health was just falling apart, what it looked like.

604

MS. VASQUEZ: Objection. Calls for speculation.

605

THE COURT: I'll sustain the objection.

606

MS. BREDEHOFT: What did you observe that led you to believe that his mental health was falling apart?

607

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

608

MS. BREDEHOFT: She can say what she observed.

609

THE COURT: I'll sustain the objection as leading. Next question.

610

MS. BREDEHOFT: What, if anything, did you observe about Mr. Depp's state?

611

MS. HEARD: He was hallucinating, auditory -

612

MS. VASQUEZ: Objection. Calls for speculation.

613

THE COURT: I'll sustain the objection.

614

MS. BREDEHOFT: Please tell the jury exactly what he was doing that led you to believe he was hallucinating.

615

MS. VASQUEZ: Objection. Leading.

616

THE COURT: Sustained. What, if anything, was Mr. Depp doing that would have led you to believe he was hallucinating?

617

MS. BREDEHOFT: Please describe what Mr. Depp was saying in January of 2016.

618

MS. HEARD: He was talking to people who weren't there, meaning people who were not in the room. He was communicating with people and sounds and voices that weren't there. I know because I was sometimes in the room and sometimes on the phone with him. And he would tell me I had a conversation with him that I did not have. He would say I said something that I did not have. He would comment on somebody being in the room behind me that wasn't there.

619

MS. HEARD: It was terrifying. It was terrifying. Because once he smashed a board right next to my

620

MS. VASQUEZ: Same objection.

621

THE COURT: Sustained. Sustained." I face, and it was unclear to me whether he was even mad at me or he was convinced that the guy he said he saw me with was in the room. I didn't know he 1134 was in -- if Johnny felt the man was in the room Is with us or not at that point, but I remember he put his fist through a whiteboard in the kitchen. He hallucinated right in front of me and -- Is

622

MS. VASQUEZ: Objection. Calls for speculation.

623

MS. BREDEHOFT: Don't use the word "hallucinate" --

624

MS. HEARD: Sorry.12

625

MS. BREDEHOFT: Just describe what led you to believe --

626

MS. VASQUEZ: Your Honor, objection.

627

THE COURT: I'll sustain the objection. She can testify to what she observed.

628

MS. BREDEHOFT: Thank you, Your Honor.

629

MS. BREDEHOFT: Please tell the jury what you observed.

630

MS. VASQUEZ: Your Honor, may we approach?

631

THE COURT: Okay.

632

[STAGE DIRECTION]: (Sidebar.)

633

MS. VASQUEZ: She's coaching the witness, and she's testifying. It is so inappropriate

634

MS. BREDEHOFT: She's allowed to do -- she described.

635

THE COURT: What she observed. She's 1; hear that.

636

THE COURT: Yeah, just--your questions are leading to the answers. I mean, I just what she observed, what she saw.

637

MS. BREDEHOFT: That's fine.

638

THE COURT: Okay. Thank you.

639

MS. VASQUEZ: Thank you, Your Honor.

640

[STAGE DIRECTION]: (Open court.)

641

[SECTION HEADER]: BY MS. BREDEHOFT:

642

MS. BREDEHOFT: Please tell the jury what you observed.

643

MS. HEARD: I observed behavior from him that was erratic, irrational, and didn't seem connected to the reality that we were in.

644

MS. BREDEHOFT: Okay. Now, I'm going to take you up to talking about your questions.

645

MS. BREDEHOFT: I'm sorry. I didn't the beginning of February of 2016, February 8, February 9.

646

MS. BREDEHOFT: Please tell the jury what transpired then with respect to Mr. Depp.

647

MS. HEARD: Around this time, Johnny was, again, behaving in a way that was very scary. It was . terrifying. And sometimes he didn't know --

648

MS. VASQUEZ: Objection. Calls for speculation.

649

MS. BREDEHOFT: I think she can describe what she's -- J 2

650

MS. BREDEHOFT: Are you describing what you're observing?

651

MS. HEARD: Yes.

652

MS. BREDEHOFT: Please continue.

653

MS. HEARD: In these kind of discussions I would have around this time, early February of 2016, sometimes in the argument, he would accuse me of something, some person in the room with me that had just walked out or I was hiding, for instance.

654

MS. HEARD: And sometimes he would hold on to that, even when he seemed to have calmed down or come" eve w e e see ed to ave ca ed dow o co e off of whatever bender he was on. And it was almost as if I had to confront what he -- what delusion he had or what belief he had or what accusation he made of me in a new fight altogether. You know, sometimes he didn't make it clear to me whether he was mad at me or he knew he was mad at me. It was terrifying because I bore the brunt of it.

655

MS. HEARD: And at around the 8th or 9th, I got -- we were in his Sweetzer compound, the West Hollywood collection of homes that he has, and I got some cryptic texts from him in the early-morning hours that scared me. I won't say what I said, but I came over to his main house. I believe I had been across the street, and I slept on the couch.

656

MS. HEARD: We had some interaction in the morning which made me fearful he didn't know whether or not -- I was fearful he was going to believe that he was angry at me, even though we weren't fighting, I wasn't fighting with him. I had done nothing wrong, but I was really worried that the PLANE momentum he was on was going to click into a direction of deciding that he was mad at me and I deserved it, and I was terrified that that was going to happen so I was - I had an interaction with him and got really worried about that on the morning of the 10th.

657

MS. BREDEHOFT: Michelle, I'm going to ask you bring up Defendant's Exhibit 638. It's already admitted in evidence, Your Honor. This is from February 10, 2016. And I'm going to ask you to play it, Michelle.

658

MR. DEPP: Ah. Motherfucker. Motherfucker.

659

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

660

MS. HEARD: What happened? What happened?

661

MR. DEPP: Nothing. This bitch.

662

MS. HEARD: Nothing what happened this morning? You know that?

663

MR. DEPP: Were you in here?

664
665

MR. DEPP: So then nothing happened to you this morning?

666

MS. HEARD: Yeah, you're right. I just woke up, and you were so sweet and nice. We were not even fighting this morning. All I did was say sorry.

667

MR. DEPP: Did something happen to you this morning? I don't think so.

668

MS. HEARD: No. That's the thing.

669

MR. DEPP: You want to see crazy? I'll give you fuckin' crazy. Bitch crazy. All your I crazy. And you're crazy.

670

MS. HEARD: Have you drunk this whole I thing this morning? . - DEPP: Oh, you got this going. You got this going.

671

MS. HEARD: No, I just started it.

672

MR. DEPP: Oh, really?

673

MS. HEARD: Yes.

674

MR. DEPP: Really? You saved that shit on me, motherfucker?

675

MS. HEARD: No, I didn't. You were smashing shit.

676

MR. DEPP: Good-bye. Ass.

677

[STAGE DIRECTION]: (Indiscernible.)

678

[Section Header]: BY MS. BREDEHOFT:

679

MS. BREDEHOFT: Why did you videotape this, Amber?

680

MS. HEARD: Because I knew he wouldn't remember -

681

MS. VASQUEZ: Objection. Calls for speculation.

682

THE COURT: Sustained.

683

MS. BREDEHOFT: Rather than what you knew, you can say what you thought. Just tell us why you --

684

MS. HEARD: I was afraid. It was scary. That's scary. I was scared, scared that he wouldn't remember.

685

MS. VASQUEZ: Objection. Calls for speculation.

686

MS. BREDEHOFT: Your Honor, 1--

687

THE COURT: I'll sustain the objection.

688

THE COURT: Next question.

689

MS. BREDEHOFT: All right. So I'm going to, now, take you up to April 21, 2016, your 30th birthday Will you please tell the jury what happened that night with respect to, in particular, Mr. Depp?

690

MS. HEARD: He -- at that time, we had, like, a fitting that day or the day before, and he missed it and he was kind of disappearing at that time, like, at night, vaguely saying, like, meetings, he had meetings, but then he would be gone for sometimes, like, two days and just not coming home and that sort of thing, not coming home after the bender.

691

MS. VASQUEZ: Objection. Calls for speculation as to bender.

692

MS. BREDEHOFT: I don't think that calls for speculation.

693

THE COURT: I'll sustain the objection. He's gone for two days. Go ahead.

694

MS. HEARD: And I had my -- my birthday was coming up. And on my birthday, I said, "Are you going to make it to my birthday party?" We had a dinner planned at our penthouse. I said, "It would be important for me if you made it."

695

MS. VASQUEZ: Objection. Hearsay.

696

MS. BREDEHOFT: Not offered to prove the truth of the matter asserted.

697

THE COURT: Overruled.

698

MS. BREDEHOFT: Thank you.

699

MS. HEARD: And he told me at some point that day that he had scheduled a business meeting or a money meeting, I think he said, maybe, at 7, which is around the time my birthday was planned for. It might have been planned for 8 p.m.

700

MS. HEARD: He -- of course, once my party was starting, he wasn't there, texts me at some point to let me know he was going to make it but that he was running late, and that continued throughout my party.

701

MS. HEARD: We finished dinner, and when we were cleaning up and kind of everyone was delaying leaving because we were waiting for -- to give him an opportunity to show up before everyone left. And he -- he let me know he was there. You know, I tried to -- without saying what I said, I tried to give him the impression that I wasn't going to get on him about drinking or anything. I just wanted him to be there.

702

MS. HEARD: And we had a toast. We did a celebratory toast, and the guests left. And later that evening, we were in bed and I was -- I had a book, and Johnny effectively said, "What's your fucking problem now?" And at the time we were getting advice from a therapist. Without saying what they said, it was important for me not to make him feel attacked. So I chose my words carefully. I won't say what I said, but I remember being very careful about how I worded what I was feeling about my birthday and him having missed it. An argument followed that. I got up out of bed.

703

MS. HEARD: Johnny's side of the bed was closer to the door than mine. I remember him blocking the door, blocking me to get out, kind of shoving -20 me down, and we had a, you know, verbal argument, and then that became a shoving match. I hied to shove him back. I kind of felt myself retreat into the -- into the bedroom. At some point he picked up the -- like a large, I guess it's a magnum size, not magnum size, a large size bottle of champagne and hurled it at me. This time it went through a painting. And I loved this painting and I remember it just went, like, right through the canvas, left a giant hole in it. And I was thinking we shouldn't have art in our bedroom anymore.

704

MS. HEARD: And the fight, the argument, the fight continued into the salon area, which is outside of our bedroom at the top of the stairs. Johnny picked up my phone. I don't know why. I don't remember what he was saying when he did it, but he picked up my phone and threw it out of the open window of the salon area, out onto the street, out onto the downtown street that this window overlooked.

705

MS. HEARD: In that moment, I said, "Oh, no, you don't." I saw his on the countertop and picked it up and threw his immediately, like, two seconds later. I didn't want to be stranded this time alone, meaning I didn't want to be the only one stranded without a phone, which had happened to me already several times before this from Johnny. So I picked up his phone, threw it as well, and I said that I wanted to go stay somewhere else for the evening.

706

MS. HEARD: I left that room, went into the office. We were still screaming names at each other and screaming at each other, and I walked around the side of his desk. And the next thing I know, he has me by the hair and pulls me down, kind of. I hit the side of the desk. I remember things falling off of the side of the desk that I hit with my body. I remember trying to fight him off of me.

707

MS. HEARD: At some point we're back in my main bedroom and it's -- I believe I was getting my toothbrush out of that bathroom, and when I came out, we had another shoving match. But this one he kind of like got -- I remember he chest bumped me in this like "bro-y" way, chest bumped me, and I fell to the floor. When I got back up, he kind y of held me down by the shoulders down on the side of the side of the bed, kind of held me, wrestled me down on the bed.

708

MS. HEARD: I remember I got up once or twice ,5 before I ended up on the bed and he grabbed me, did this thing that he did some punching, to taunt me, grabbed me by the pubic bone, pubic area, and IS just, as best I can describe it is he kind of just pushed me down, held me down by it, and then kind of pulled me into it and was asking -- he was asking me, kind of taunting me, asking me if I thought I was so fucking tough. "You're just such a fucking tough guy, huh? You're so tough now? I Look who's so tough.

709

MS. HEARD: Do you want to be a man, tough like a man now? That happened for a -- a bit of time. I'm not quite sure. I think at some point, he left. I remember at some point shortly after that, I remember he was still in the apartment when this happened, but I remember kind of collapsing on the floor and being exhausted. I remember feeling exhausted and crying and kind of throwing in the towel, if you will. I remember saying to him, "Just can we not fight like this? Can we start over? Is there anything that we can do, like, this is really messed up, but can we just not do this, please? Can we stop doing this? Just don't leave. It's my birthday. Let's just call it couch. Let's just call a truce and not have it end like this. I don't want to have it end like this.

710

MS. HEARD: I'm embarrassed saying it now. He responded cruelly. He told me that's what I fucking deserved and that I'd wake up alone and no one would ever love me because all of this -- pointing to my face or body-- all of this was going to go away. No one would ever love me. When my tits sag, no one will ever love me, and I better get used to waking up alone. And he said this is all my fault and what I asked for, and he left. I heard him come back in the downstairs, you know, you can hear the door slam. I remember hearing it open and thinking, Oh, god, is this going to happen again? What's going on now? And then shortly after, I kind of peeked around to the top of the stairs where you can kind of peer into the lower level. And I just see him briefly momentarily, and he screams at me, "Happy fucking birthday," and stormed out. At some point I walked down the stairs and saw that he had also left me a note to that effect.

711

MS. BREDEHOFT: How did he leave a note for you?

712

MS. HEARD: It was written on a piece of paper, as best I can recall, but I'm not sure.

713

MS. BREDEHOFT: And so then, the next day, what did you do?

714

MS. HEARD: I texted -- actually, I -- well, I can't say what I texted. I woke up that morning, the morning of my 30th birthday, and I woke up to my best friend crawling in bed with me and putting her arms around me. And I remember wondering how she got -- how she walked in because there was, like, glass on the floor. There's lots of glass.

715

MS. HEARD: And she put her arms around me and showed me a birthday video that all of my friends, my childhood friends, all of my loved ones, made. Of course, stupidly the first thing I asked her why Johnny wasn't in the video. Because it had been recorded before. It had been recorded sometime before, it was clear. She said that she had been asking for a few months, and Johnny --

716

MS. VASQUEZ: Objection. Your Honor. Hearsay.

717

MS. BREDEHOFT: Not offered to prove the truth of the matter asserted.

718

THE COURT: All right. Go ahead. I'll overrule.

719

MS. BREDEHOFT: Go ahead.

720

MS. HEARD: And so I -- I packed -- eventually, we got out of my bed and grabbed a few things and got the dogs, left for our plans, which our plans had been to go to Coachella, which is a music festival that happened in California. And that had been the plan for a while, that that's how we would go I and celebrate my birthday. And I remember, you know, as I was accustomed to doing, just trying to b move through it, move on, and remember and trying '1:6 to put on a brave face and have a good time, even though it was impossible.

721

MS. BREDEHOFT: Let me stop you for a few things. What, if any, plans were there for Mr. Depp to join you at Coachella?

722

MS. HEARD: He was supposed to drive down, have dinner, stay in the room, maybe do some writing, or something like that in the room.

723

MS. BREDEHOFT: At Coachella?

724

MS. HEARD: At Coachella, where we were. Coachella happens in a different part of California than we lived in. We lived in Los Angeles, and this happens about two hours, two to three hours away. So I finally got my car back, and I drove with my best friends in the car.

725

MS. BREDEHOFT: And I'm going to stop you again because I just have a couple more questions before we go into that part.

726

MS. BREDEHOFT: You said you brought the dogs. Who were the dogs you brought?

727

MS. HEARD: Johnny's dog at the time, Boo; my dog, Pistol, we shared them. They're teacup Yorkies, and I believe Raquel, my best friend's, dog which is a mutt.

728

MS. BREDEHOFT: Okay. What, if any, issues did Boo have with bathroom problems, if you will?

729

MS. VASQUEZ: Objection. Leading and relevance.

730

THE COURT: Overruled. I'll allow it.

731

MS. HEARD: She had eaten Johnny's weed when she was a puppy and had bowel control issues for her entire life, among some other issues. We regularly had to take her to the vet to try to figure out, well, what was wrong with this dog. I never met a dog that was quite like this.

732

MS. HEARD: So she had some control issues, hence why we would- she liked to burrow in the bed She liked to be in the, you know, by the foot of the bed underneath the covers, and it was customary that they slept in bed with us, but Boo had an issue she had We had to leave her in bed so she wouldn't be encouraged to go to the bathroom, which would happen almost immediately once you put her down on the floor, and sometimes it happened in bed too. But -- but, yeah.

733

MS. BREDEHOFT: So what, if anything, did you notice about any bathroom issues in your bed before you left for Coachella?

734

MS. HEARD: Well, Raquel and I were both in that bed with the dogs, and I didn't notice anything. But we left them in the bed while we packed a bag to go to Coachella, you know, so that they didn't -- so that Boo particularly didn't lose control of her bowel -- or, you know, didn't go to the bathroom on the floor. So you leave them in bed until you're ready to take them outside to the patio, which was their designated bathroom break area.

735

MS. BREDEHOFT: And what, if any, plans were there -- how often did you have housekeeping at that time at your house?

736

MS. HEARD: The housekeepers were there every morning.

737
738

MS. HEARD: Or they came every day, as far as I know.

739

MS. BREDEHOFT: Okay. Now, we'll get you to Coachella. But why did you tell Starling Jenkins that you had been involved in a prank gone wrong?

740

MS. VASQUEZ: Objection. Hearsay, leading.

741

MS. BREDEHOFT: I said why, Your Honor. IO I didn't say what she said.

742

THE COURT: I'll sustain the objection.

743

MS. BREDEHOFT: Next question.

744

MS. BREDEHOFT: Okay. Did you commit any kind of prank? Absolutely not. Okay.

745

MS. HEARD: Absolutely not.

746

MS. BREDEHOFT: And why would that not be something you would do?

747

MS. HEARD: First of all, I don't think that's funny. I don't know what grown woman does. I was not also in a pranking mood. My life was falling apart. I was at a crossroads in my life that was really serious, and I had just been attacked on my 30th birthday by my violent husband with whom I was desperately in love and knew I needed to leave. It was not really a jovial time, and I don't think that's funny, period. That's

748

MS. HEARD: Disgusting.

749

MS. BREDEHOFT: And what understanding, did you have of Mr. Depp coming back to your bedroom that night or p O the next morning?

750

MS. VASQUEZ: Objection. Calls for I speculation.

751

MS. BREDEHOFT: I'm asking what her understanding was.

752

THE COURT: I'll sustain the objection.

753
754

MS. BREDEHOFT: Did you -- had you had any conversations with Mr. Depp about him coming back to the house the next day?

755

MS. HEARD: No. Johnny didn't come back to that house. That was my -- that was my -- you know, he owned it, but that was my house when we were having any sort of problem. In fact, it was my house just 90 percent of the time because he just didn't come back. That was not a place that Johnny was going to be in, that Johnny was in, and he had stormed out on my birthday. And as per what we did, he would go and stay at his West Hollywood home, and I would stay at the downtown places.

756

MS. HEARD: He wasn't going to come back to the -- !

757

MS. VASQUEZ: Objection. Calls for ! speculation.

758

MS. BREDEHOFT: I think she explained her answer on that, which --

759

THE COURT: Well, I'll sustain just the last part. Okay. Next question.

760
761

MS. BREDEHOFT: So let's take you to Coachella. Who drove?

762

MS. HEARD: I drove.

763

MS. BREDEHOFT: Okay. And who was in your vehicle?

764

MS. HEARD: My sister; my friend, Savannah, I believe; my best friend, Raquel; just my - my girlfriends that I- I typically surround myself with my girlfriends. That's my support.

765

MS. BREDEHOFT: Was there any occasion in which you were riding in the vehicle that Starling Jenkins was driving?

766

MS. HEARD: He picked us up from Coachella in the evening when we, as a group, all were ready to leave. That was the day that we went, which was a - which was the day that I took MDMA and mushrooms at the same time, realized very shortly after what a horrible idea that was, considering the state that my life was in. I highly don't recommend that combination at the time. So I didn't feel like being in a crowd I didn't feel like being at Coachella. I had intended to try to have a good time despite what was going on in my personal life, and I realized that that was just not going to happen.

767

MS. HEARD: And so I wanted to go home meaning be in a bed I wanted to be you know I just wanted to be held by my best friend and watch a wanted to be held by my best friend and watch a movie and that's what we did I didn't feel well and wanted to leave

768

MS. BREDEHOFT: And when you said you rode back with Starling Jenkins, was it just you? Or did you have other people in the vehicle with you?

769

MS. HEARD: When we left Coachella, it was my entire group. I wasn't ever alone with Starling. I certainly wasn't anywhere near him. I didn't have a conversation with him. I sat in the very back seat with my best friend next to me, and it was a whole group of us.

770

MS. BREDEHOFT: Thank you.

771

MS. BREDEHOFT: Your Honor, I don't know. This might be a good breaking point.

772

THE COURT: All right. That's fine. Ladies and gentlemen, let's go ahead and take our morning recess. Do not discuss the case with anybody, and don't do any outside research, okay? Fifteen minutes.

773

THE COURT: (Whereupon the jury exited the courtroom and the following proceedings took place) May 16 2022 All right. We'll just come back, then, at 10:50; is that okay?

774

MS. BREDEHOFT: Thank you, Your Honor.

775

THE COURT: All right. Thank you.

776

COURT BAILIFF: All rise.

777

[STAGE DIRECTION]: (Recess taken from 10:33 a.m to 10:50 a.m.)

778

COURT BAILIFF: All rise. Please be seated and come to order.

779

THE COURT: All right. Are we ready for the jury?

780

MS. BREDEHOFT: Yes, Your Honor.

781

MR. CHEW: Your Honor, could we come up? ,15

782

THE COURT: Sure.

783

[STAGE DIRECTION]: (Sidebar.)

784

MR. CHEW: Two things. One, they've issued another statement. We'd ask them to withdraw the statement.

785

MS. BREDEHOFT: I am not aware of any statements, Your Honor.

786

MR. NADELHAFT: I have no idea what I have no idea what they're talking about.

787

MR. CHEW: Another press statement since your order.

788

MS. BREDEHOFT: I am unaware --

789

MS. VASQUEZ: It's in People magazine.

790

THE COURT: Just now?

791

MR. CHEW: Yeah.

792

MS. BREDEHOFT: I have been physically at that podium, Your Honor, since you talked to me.

793

MR. NADELHAFT: I have no idea what he's talking about.

794

MS. VASQUEZ: Well, the first thing I did when you admonished us, I contacted our PR.

795

THE COURT: Has anyone contacted the PR to tell them that they can't --

796

MS. VASQUEZ: Yeah, but they retracted.

797

MR. NADELHAFT: I think we did.

798

THE COURT: This morning, right?

799

MR. NADELHAFT: Did you contact PR and tell them--

800

MS. BREDEHOFT: Not to issue any statements

801

MR. NADELHAFT: This morning?

802
803

THE COURT: This morning, right?

804

MR. ROTTENBORN: Right after -- there were statements that were issued from, I understand, both sides before Your Honor ruled.

805

THE COURT: Right, right. I understand.

806

MR. NADELHAFT: And I told him, and he's not done anything since then. Yeah. There's been no statement.

807

MS. VASQUEZ: There's a statement, Your Honor. I can read it to you.

808

MR. NADELHAFT: I mean, it may have been that came out after your ruling, but the statement was made -- whatever was said, and I don't know what it was -- it would have been before you said it. I can show you the email for it --

809

MR. CHEW: We would ask the statement to be retracted since it's after Your Honor's

810

MS. BREDEHOFT: How can you retract a statement?

811

MR. NADELHAFT: What's that?

812

THE COURT: Can you retract the statement?

813

MR. NADELHAFT: I can let him know -- I can ask him, sure.

814

MR. CHEW: Also, we had a motion on -- for prior acts of violence.

815

THE COURT: Okay.

816

MR. CHEW: Before the cross.

817

MS. VASQUEZ: Before the cross.

818

MR. CHEW: We wanted to give you an opportunity to review it before the cross.

819

THE COURT: All right. I review it.

820

MS. VASQUEZ: All right. Thank you, Your Honor.

821

THE COURT: He was just asked to go out so he could contact him

822
823

MR. CHEW: Thank you, Your Honor.

824

MS. VASQUEZ: Your Honor, if we could have an instruction to the witness she's not to characterize, "So I told my therapist," or "I told my friend, but I can't tell you what I told them" That's inappropriate. She's characterizing hearsay, and it's a complete contradiction of --

825

MS. BREDEHOFT: I agree. She's not allowed to say "hearsay," but she can tell things ,8 and then say what she did as a result. And that's perfectly appropriate.

826

MS. VASQUEZ: The problem that I have ! 11 is she's literally looking at the jury, saying, I "Well, I can't tell you what I told my therapist, ! but let me tell you ... "

827

MS. BREDEHOFT: She's able to do -- Your Honor has ruled that she can.

828

THE COURT: I know that she can, but just to testify, not to characterize things. That's all.

829

MS. BREDEHOFT: I think she's doing her best, but I can't discuss her testimony with her, so --

830

MR. CHEW: She knows exactly what she's

831

MR. CHEW: She knows exactly what she's doing.

832

THE COURT: Do you want to tell her really quickly she's not to characterize, just !

833

THE COURT: What she observed and what she saw.

834

MS. BREDEHOFT: Well, I think she's trying to do that. I mean, I don't know what I'm supposed to tell her. You know, I think --

835

MR. CHEW: She keeps saying -- she said it four or five times. She's saying to the jury, "Well, I can't tell you, but this is what I understand."

836

THE COURT: Well, if it happens again, I'll have to admonish her myself

837

MS. BREDEHOFT: All right. I'll be fine.

838

THE COURT: Okay. Thank you.

839

MR. CHEW: Thank you, Your Honor. I 1 s

840

MS. VASQUEZ: Thank you.

841

[STAGE DIRECTION]: (Open court.)

842

THE COURT: All right. We ready for the jury, then?

843

MS. BREDEHOFT: Yes, Your Honor. Thank

844

THE COURT: All right. Thank you.

845

[STAGE DIRECTION]: (Whereupon, the jury entered the courtroom and the following proceedings took place.)

846

THE COURT: Next question.

847

[SECTION HEADER]: BY MS. BREDEHOFT:

848

MS. BREDEHOFT: What, if any, contact did you have with Mr. Depp during the period from April 21 to May 21, 2016?

849

MS. HEARD: I had no physical contact with him.

850

MS. BREDEHOFT: Okay. I'm going to take you to May 2nd, 2016, the Met Gala.

851

MS. BREDEHOFT: Can you please just briefly describe to the jury what a Met Gala is, where it is, and what's involved?

852

MS. HEARD: It's arguably the biggest fashion kind of celebrity event, red carpet event, of the year. It happens every year in New York City.

853

MS. BREDEHOFT: And were you invited?

854

MS. HEARD: I was invited. Typically designers will invite people in the public eye to be their, p p p y , you know, guests, and they ill typically dress them. And it's a way for designers or fashion to kind of intersect with a celebrity world, and it's a big event held at the museum every year.

855

MS. BREDEHOFT: And what, if anything, did you and Mr. Depp do to prepare for that Met Gala?

856

MS. HEARD: Well, Johnny and I were -- we were dressed by Ralph Lauren, guests of Ralph Lauren, and Johnny missed the fitting because it was happening around the date of my birthday party in Los Angeles, but we were planning on going together as Ralph Lauren's guests.

857

MS. BREDEHOFT: And did you show up?

858

MS. HEARD: I did. I didn't have a phone at the time because I couldn't get it reinstated after Johnny threw it out of the window because no one on his team would respond to me, so I had no way to kind of reinstall it ahead. No point in getting a burner phone if you don't know anyone's phone number. So I wasn't sure, really, what was going on or when he would show up or if he would show up. No one would talk to me on his team. No.

859

MS. HEARD: So I end up going by myself. Frankly, I wasn't sure if he'd show up, you know, on the carpet or if he'd show up at the hotel shortly before. I had no way of knowing.

860

MS. BREDEHOFT: All right. And then did you attend the Met Gala?

861

MS. HEARD: I did. I got out of the car and walked the red carpet by myself, escorted by somebody from Ralph Lauren's team, and I sat next to an empty place setting for Johnny that they cleared as soon as we realized that he wasn't- that he had effectively stood me up on the carpet

862

MS. BREDEHOFT: Who did you meet at the Met Gala? ,15

863

MS. HEARD: I was standing in line right in front of a gentleman. It was Elon. I didn't recognize him until we started talking and he had reminded me that we had met once before. He was with his mother.

864

MS. BREDEHOFT: Okay. And did you strike up a 121 friendship with Mr. Musk after that? ,22

865

MS. HEARD: We did. As I mentioned, we spoke on 1, , p I It the red carpet, kind of on the waiting - in the waiting line of the carpet. He seemed like a real gentleman. He was really nice. And he sat next to me - well not next to me. He sat kind of in a Is nearby table. We got to speaking that night, and then eventually became friends.

866

MS. BREDEHOFT: Okay. I'm going to --

867

MS. BREDEHOFT: Michelle, can you pull up Plaintiffs Exhibit 46. It's already in evidence. It's Erin Falati's notes, and I'm going to ask you to go to page 30.

868

MS. BREDEHOFT: And I'm going to direct your attention to the entry for 5/11/2016, where it says -- if I can see -- here we go. Let me see if I can do some reasonable highlighting here. It says, "Client laughed and also reported using illicit drugs, mushrooms and MDMA, on 5/9/2016 at home with a high-profile male acquaintance. Corporate -- client reported that her husband was not aware of the male visitor, nor her illicit drug use." Do you see that?

869

MS. HEARD: Yes, I do.

870

MS. BREDEHOFT: Who was the "high-profile male acquaintance" that visited your home on 5/9/2016?

871

MS. HEARD: A I don't recall even being in LA at that time.

872

MS. BREDEHOFT: Where were you?

873

MS. HEARD: I don't recall. I believe I was in London at the time.

874

MS. BREDEHOFT: Okay. Did you have a male, high-profile client at your home in or around 5/9/2016?

875

MS. HEARD: Not around that date. It seems like it's a wrong date.

876

MS. BREDEHOFT: Okay. And did you use illicit drugs, mushrooms and MDMA, with any high-profile client?

877

MS. HEARD: No. I did that at the Coachella music festival, and that was the end of that. I learned the hard way that that was a terrible idea.

878

MS. BREDEHOFT: All right. Well, while we are on these same notes, I'm going to refer to the Coachella, which is up above. And it says, "States she ingested mushrooms and MDMA simultaneously while I also consuming alcohol and states she vomited and was high for at least 24 hours straight." Were you high for at least 24 hours straight?

879

MS. HEARD: No, I was not. I felt awful, but I was at home, feeling awful - at home meaning at the hotel - with my best friend in bed.

880

MS. BREDEHOFT: Okay. Well, while I'm still on these notes, let's go -- I know, while Erin Falati was testifying, we recall, the 5/21/2016 isn't on here. You'd sent her pictures, correct?

881

MS. HEARD: Yes.

882
883

MS. HEARD: I did.

884

MS. BREDEHOFT: Then let's go to 5/26/2016, and it says, "Client reports having 'the hardest week of my life.' Client states she cannot deal with the negative media publicity she has received" --

885

MS. BREDEHOFT: And then if we can jump that up, Michelle, to the next page.

886

MS. BREDEHOFT: "Surrounding the divorce she requested from her husband, JD."

887

MS. BREDEHOFT: Do you see that?

888

MS. HEARD: I do.

889

MS. BREDEHOFT: Okay. When did you go in for the DVTRO?

890

MS. HEARD: May 27th.

891

MS. BREDEHOFT: So that was the day after Erin Falati's note saying you'd just had the toughest week of ! your life? ,8

892

MS. HEARD: That's correct.

893

MS. BREDEHOFT: While we are still on this one, let's 1110 go up to the first page for the client history.

894

MS. BREDEHOFT: When did you provide a client history to Erin Falati?

895

MS. HEARD: Never.

896

MS. BREDEHOFT: When did you first get assigned Erin Falati?

897

MS. HEARD: I believe September of 2014.

898

MS. BREDEHOFT: Okay. Now, it says here that "Client reports a history of substance abuse, including an addiction to cocaine and liquor." When did you have a substance -- a history of substance abuse including addiction to cocaine and liquor?

899

MS. HEARD: I did not. There's a lot of mistakes in here.

900

MS. BREDEHOFT: Okay. Did you ever use cocaine?

901

MS. HEARD: I have. I used cocaine a few times when he was 18, 19 years old, but stopped using any drugs including cocaine when I got into a relationship with my ex-partner. She was very against that, and I'm glad for it.

902

MS. BREDEHOFT: Okay. Then it also says here that -- O where am I?

903

MS. BREDEHOFT: Move up a little. There we go.

904

MS. BREDEHOFT: "Client admits to history of anxiety, eating disorder, attention deficit disorder, bipolar disorder, codependent issues, and occasional insomnia." When have you had an eating disorder?

905

MS. HEARD: I've never had an eating disorder.

906

MS. BREDEHOFT: When have you been diagnosed with bipolar disorder?

907

MS. HEARD: I've never been diagnosed with bipolar disorder.

908

MS. BREDEHOFT: When have you been diagnosed with codependence issues?

909

MS. HEARD: I have never been diagnosed with codependency issues. Although, arguably, at the time from where I - well, from where I stand now, I can see that the relationship I was in with Johnny was certainly codependent. But I wouldn't have reported that at the time. I didn't know about that.

910

MS. BREDEHOFT: All right.

911

MS. BREDEHOFT: And then can we move up a little bit more, Michelle. Thank you.

912

MS. BREDEHOFT: It has "Per report from JD, Debbie RN, Dr. Kipper, client AH has reportedly been experiencing increased anxiety and agitation recently and has had several outbursts of anger and rage."

913

MS. BREDEHOFT: Were you present for this being reported to Ms. Falati?

914

MS. HEARD: No. This is the detox.

915
916

MS. HEARD: This is Johnny-

917

MS. BREDEHOFT: And also says your mood has been labile.

918

MS. BREDEHOFT: What, if any, outbursts of anger and rage and labile mood did you exhibit during the detox?

919

MS. HEARD: None that she would have seen, none. I was there for Johnny's detox. This is what Johnny was going through. This is not me.

920

MS. BREDEHOFT: Okay. And at the time of the detox, was Erin Falati your nurse yet?

921

MS. HEARD: No. I didn't know her, and she wasn't there.

922

MS. BREDEHOFT: Okay. Thank you very much.

923

MS. BREDEHOFT: You can take this down, Michelle.

924

MS. BREDEHOFT: Now, I'm going to take you to May 21, 2016, and I'd like you to describe for the jury what took place that evening in connection with Mr. Depp.

925

MS. HEARD: Johnny and I had not seen each other for the better part of a month about a month I was traveling I had just shot a campaign in Italy I spoke to him around that time when I was in Italy I had gotten a phone My parents got ahold of me After I spoke to my parents I communicated with Johnny.

926

MS. HEARD: He, on that phone call -- you know, I didn't know what was going on with him for those t 7 weeks with his sobriety. I didn't know what his state was. I didn't know what state he was in.

927

MS. HEARD: And when I spoke to him, he was saying what I can only just -- he was going on about scientists and DNA and feces, that he had had some, you know, scientific analysis done and DNA analysis done and that, you know-- as soon as I heard about this feces he thought that was a prank and he was going on about all the scientists that he had conferred with about the DNA results with, I just thought he was out of his mind and thought clearly the drinking and the drugs are not getting better. Clearly, the delusions aren't better. So I tried --

928

MS. VASQUEZ: Objection. Calls for speculation.

929

MS. BREDEHOFT: Your Honor, it's not offered for the truth of the matter. She's talking about what her -- •4

930

THE COURT: I'll sustain the objection. ls Next question.

931

MS. BREDEHOFT: Please continue. y

932

MS. HEARD: So I hung up from that phone call, I'm IS assuming that. And then spoke to him once my parents got ahold of me to tell me about Betty Sue.

933

MS. HEARD: We made a plan, Johnny and I, for him to come over. He said he really needed his wife. He had lost his mother, and he missed his wife. He really needed his wife. He said it over and over again. I felt for him. I felt conflicted. I didn't think - obviously the situation hadn't gotten better with Johnny mentally, and I was afraid of the - all the work and progress and distance I got on it, on the relationship for the first time, I had a month of distance on it, you know, I didn't want that to be undone, but I also wanted to be - you know, I was affected by the fact that his mother had passed.

934

MS. HEARD: So he said he wanted to come over and talk about that, and he said he needed his wife and we made a plan. I made a plan for him to come over during the day, thinking that that might mitigate the amount that he would be drinking. Night is a little bit more dangerous. And in the early evening hours, I get a text from him that he's almost there or that he's there. I think it was around 7:15 or so.

935

MS. HEARD: And he came over, and we sat on the couch and at first kind of -- it was relatively peaceful. I mean, I could tell he was inebriated, but makes sense, in my head it made sense. He wasn't, like, incoherent. It was peaceful. And then he starts talking about the feces again and this prank that he said one of my friends had left for him in my bed that he wasn't going to be at.

936

MS. HEARD: And I tried to point out how that didn't make any sense, not if he wasn't going to be there. I wasn't there, and my friends wouldn't do that. That's not something a bunch of 30-year-old women think is funny. What is he talking about? And he just kept going on and on about, so I texted my friend that it-

937

MS. VASQUEZ: Objection. Hearsay.

938

MS. BREDEHOFT: Don't tell the jury what you texted your friend, but go to the next thing. What did you do next?

939

MS. HEARD: I called my friend, thinking that it would quell what I could only see as a delusion. I thought it was just a delusion he was having, and I thought, Oh, I'll hopefully, you know, quell this by calling my friend to - if he hears my friend say, "That didn't happen" -

940

MS. VASQUEZ: Objection, Your Honor. Hearsay.

941

MS. BREDEHOFT: It's not offering for the truth of the --

942

THE COURT: Overruled.

943

MS. BREDEHOFT: Thank you.

944

MS. BREDEHOFT: Please continue.

945

MS. HEARD: So I thought if I could get my friend on the phone to prove that this didn't happen, we Is could move on and talk about the issues that we should be talking about You know, we had - our marriage was over and falling apart in front of our eyes. We hadn't seen each other for a month, and his mom had just passed. I couldn't believe he wanted to talk about feces.

946

MS. HEARD: So I called this friend thinking that will take care of it The friend doesn't answer. I call another friend who is someone else he !to claimed- I don't know how both people did this, but he was claiming that this person was responsible - so I call that person. And that person is on speakerphone, and I -

947

MS. BREDEHOFT: Tell us who that person is.

948
949

MS. BREDEHOFT: IO Tillett Wright?

950

MS. HEARD: IO Tillett Wright.

951

MS. BREDEHOFT: Okay. And then you put him on speakerphone with Johnny?

952

MS. HEARD: Right in front of Johnny.

953

MS. BREDEHOFT: Okay. What happened next?

954

MS. HEARD: I allowed for an opportunity for io to say why this is impossible.

955

MS. VASQUEZ: Objection. Hearsay.

956

MS. BREDEHOFT: It's not offered to prove the truth of the matter that's asserted, Your Honor. It's explaining the context that leads to the next acts.

957

MS. VASQUEZ: Your Honor, it is being offered to prove --

958

MS. BREDEHOFT: We're not here -- we're I 1 O not here about whether iO --

959

THE COURT: I'll sustain the objection.

960

THE COURT: Next question.

961

MS. BREDEHOFT: All right.

962

MS. BREDEHOFT: All right. So iO is talking. You can't tell us what he said, okay?

963

MS. VASQUEZ: Objection, Your Honor. May we approach?

964

THE COURT: Okay.

965

[STAGE DIRECTION]: (Sidebar.)

966

THE COURT: Yes, ma'am.

967

MS. VASQUEZ: Now Ms. Bredehoft is doing what we just --

968

THE COURT: That was an instruction. don't have a problem with that. That's fine, okay?

969

MS. VASQUEZ: Thanks, Your Honor.

970

[STAGE DIRECTION]: (Open court.)

971

[SECTION HEADER]: BY MS. BREDEHOFT:

972

MS. BREDEHOFT: So iO's talking. You can't say what he said. What is the next thing that happens on your end with Mr. Depp?

973

MS. HEARD: It just made Johnny madder. He got more upset, grabbed the phone, and started screaming at iO, just started screaming at the top of his lungs, said, "You dyke bitch, you don't know what you're" -you know, just screaming expletives, insulting names, and telling iO that he can have me and, you know, fuck off and just screaming at him. You know, that's the best I can describe it without getting into the details.

974

MS. HEARD: He tosses the phone, you know, down on the couch and heads upstairs. I pick up the phone and try to, you know, apologize for the fact that my husband at the time just screamed at my friend y j y on a cold call.

975

MS. HEARD: I didn't want iO to think that's why I had called iO, you know, to just be screamed at and blamed for something that sounded crazy. For lack of a better explanation, it sounded crazy.

976

MS. HEARD: IO said something to me on speakerphone and reminded me I wasn't safe.

977

MS. VASQUEZ: Objection, Your Honor. Hearsay.

978

MS. BREDEHOFT: Your Honor, it's not offered to prove the truth of the matter. It's to show what caused Mr. Depp to be set off and come back. I mean, it's not offered to prove the truth of what he's saying. It's not hearsay.

979

THE COURT: I'll overrule the objection.

980

MS. BREDEHOFT: Thank you.

981

MS. BREDEHOFT: Please tell us what iO said and what then happened with Mr. Depp.

982

MS. HEARD: IO said, "Amber, get out of the house. Get out of the house now. You're not safe. Get out of that house."" IO had been there after the cleanup, or for the cleanup after December 15th, 2015 incident, and --

983

MS. VASQUEZ: Objection, Your Honor. Nonresponsive.

984

MS. BREDEHOFT: I think she can provide the context.

985

THE COURT: I'll sustain the objection. Next question.

986

MS. BREDEHOFT: So please continue. lu

987

MS. HEARD: Johnny hears this when he's on the stairs. He had made it up one flight of stairs, heard this, turned around, came bolting down the stairs, grabbed the phone from my hand, and really, really started screaming this time, lit into iO, called iO every imaginable horrible name that you can say to an LGBTQIA person, for one, and any person, any human being ever, I mean, just screamed at iO some really nasty stuff.

988

MS. HEARD: And he -- when he was done, he says, "You know, you want to have my woman now? You want to have my bitch? You can have -- you take her. You can have her." And he looks at it, picks up, and just pulls his arm back with the phone and throws it at my face, hit me right in my- what felt like my eye.

989

MS. HEARD: I put my head in my hands and immediately start crying. I said, "You hit me with the phone. Johnny, you hit me." And I'm sitting on the couch. I didn't even have time to react, you know. I didn't even have time to put O my hands up. I was still sitting cross-legged in my socks on the couch, and I haven't seen him for a month, and last - you know, several times now that I've seen him, he's hit me, and I didn't even have time to react to this.

990

MS. HEARD: He comes over to me as I'm crying, and he does that taunting thing to me. He says, "Oh, yeah, I hit you, huh? I hit you, yeah?" And he just feels like whacks me on top of my head with this heavy, ringed hand, lays it on top of my skull, yanks me by the hair, yanks me up off the couch. I'm struggling to stand up, and I don't know if he was intending to hit me in the face or if he was just trying to grab my face, but he was making this gesture around my face to try to hold -- to expose my face to him, and he was like, "Yeah, let me see how bad I hurt you. Let me see it. Let me see how bad I hurt you this time. What if I pull your hair back? What if I will pull your hair back?"

991

MS. HEARD: And he yanks my hair back. I'm trying to prevent him from landing the blows to my face. doing with me as he is yanking me around the room. And then I hear my friend come into the room. I I'm trying to prevent my face from being exposed, and I just remember this mocking taunt he was hear her. Johnny hears her too, lets go of me, and turns, and --

992

MS. BREDEHOFT: Just tell the jury who your friend is.

993

MS. HEARD: Raquel, my best friend at the time, who moved in the neighboring apartment.

994

MS. HEARD: She came in and Johnny moved towards her, and she ran towards me. Johnny looked at her, looked at me. I retreated to the only place I had to go, which is the corner room where the I had to go, which is the corner room where the couch was. I retreated kind of to the couch, and Raquel and Johnny both ran up to me. Raquel got in front of Johnny.

995

MS. HEARD: She kind of managed to get right in front of him in between he and I, and I forget- and just very slowly-very, very-in just a very slow but very concentrated, very controlled, slow way, just put both of her arms, her hands, up like this (indicating) and like I've seen people do with horses, that's what it reminded me of, she just went, "No, no. Johnny, no." And she just got in front of us, in between us, put her -- both of her palms out.

996

MS. HEARD: Johnny kind of squared off to her, ran into her arms, and she just repeated herself very slowly, very calmly, very directly. He hit both of her arms off of his chest like that (indicating) and barreled towards me. I instinctively curl up on the couch, and I just feel her arms come around me, next to me. She was sitting on my left next to me on the couch. I just feel her arms around me.

997

MS. HEARD: And I'm looking down at the carpet feeling her arms, and that's when Johnny, who I can see partially, and hear, is right in front of me, and he's screaming at me to get the fuck up. "Amber, get the fuck up. Amber, get the fuck up. Amber, get the fuck up." And every single time he said it, he's screaming it louder and louder and louder. I think he screamed it probably about ten times, so loudly. Next thing I hear is "Boss, Boss," and I realize that his two security guards had come into the apartment after Raquel. I see them and -- or hear them, and Johnny turns to them and I see Jerry say, "Boss, Boss." And I get up off the couch, and I say to Jerry --

998

MS. VASQUEZ: Objection, Your Honor. Hearsay.

999

MS. BREDEHOFT: Not offered to prove the truth of the matter asserted at all.

THE COURT: I'll sustain the objection. Next question.

MS. BREDEHOFT: All right. So don't tell us what you said to Jerry, just what happened next.

MS. HEARD: Then they tell him something, and he picks up the bottle that I guess he'd walked in with. It was a magnum of -

MS. BREDEHOFT: Was this Mr. Depp or Jerry?

MS. HEARD: I'm sorry. Johnny.

MS. HEARD: And starts smashing things off the nightstand, the coffee table, starts screaming, and they kind of - I feel them kind of corral him. I'm not making direct eye contact, but I can kind of just sense and feel and sound - and hear things smashing as he exits the apartment, kind of knocking things off the countertops and breaking things on the way. And I realize, you know, he's punching something. I assume it was the picture because it broke right after he walked past it. And he leaves that apartment. I hear him in the hallway, still screaming. I hear more doors opening, more racket. Eventually, Josh, Raquel's husband, comes into the room and brings me to safety, brings Raquel and I to safety, in their apartment. And that's where I stayed for the next few hours.

MS. BREDEHOFT: So who called the police?

MS. HEARD: I believe it was iO.

MS. VASQUEZ: Objection. Calls for speculation.

MS. BREDEHOFT: Your Honor, this is not -- we have to have the context here of somebody called the police because then the police come. So I think we have to -- I mean, it's not offered, again, to prove the truth of the matter asserted. It's just "Who called the police?"

MS. VASQUEZ: Your Honor, the objection is not hearsay. It's speculation.

MS. BREDEHOFT: Do you know who called the police?

MS. HEARD: Yes, I do now.

THE COURT: Okay. Sustain the objection.

THE COURT: Next question.

MS. BREDEHOFT: All right.

MS. BREDEHOFT: Did you have a conversation -- were you present when there was a discussion about calling

MS. VASQUEZ: Objection. Calls for hearsay.

MS. BREDEHOFT: I'm asking if she was present.

THE COURT: Sustain the objection.

THE COURT: Next question.

MS. BREDEHOFT: Did you call 911?

MS. BREDEHOFT: Okay. Did Rocky call 911?

MS. VASQUEZ: Objection. Calls for speculation.

MS. BREDEHOFT: Do you know whether Rocky called 911?

MS. HEARD: I do know whether she did.

MS. BREDEHOFT: And did she?

MS. HEARD: She did not.

MS. BREDEHOFT: Thank you. All right. So what happens -- when did you learn that the police had been called?

MS. HEARD: Roughly an hour - I don't - at some point shortly after Johnny and his security guards left.

MS. BREDEHOFT: Okay. And what did you do as a result of knowing that the police were coming?

MS. HEARD: I felt panicked. I didn't know what to do because I didn't know what they were going to do when they saw the state of the place. He'd also smashed up the other apartment where I kept all my things. So I didn't know what they were going to do, and I panicked. I called - I called the only lawyer I have, which is my entertainment lawyer who does, like, my movie contracts and stuff, and I asked him for advice.

MS. BREDEHOFT: And then without telling what he said, what happened next? ,14

MS. HEARD: I called a domestic relations attorney after that conversation.

MS. BREDEHOFT: And had you known this domestic relations attorney before then?is

MS. HEARD: No, I did not l

MS. BREDEHOFT: Did you get that name from your entertainment attorney?

MS. HEARD: Yes, I did.

MS. BREDEHOFT: Okay. And when you called the domestic relations attorney, without saying what she said, what did you do as a result?

MS. HEARD: I told the police officers who arrived that I would not -

MS. VASQUEZ: Objection, Your Honor. Hearsay.

MS. BREDEHOFT: Again, not offered to prove the truth of the matter asserted.

THE COURT: All right. I'll overrule the objection. Go ahead.

MS. BREDEHOFT: Thank you.

MS. BREDEHOFT: I'm sorry. Could you repeat that.

MS. HEARD: I repeated to the officers, "I refuse to cooperate at this time at the advice of my attorney."

MS. BREDEHOFT: Did you call your publicist that night?

MS. BREDEHOFT: Now, I'm going to ask you to take a look at some pictures, but before I get there, I want to just ask you some questions leading up. What were you doing when the police officers arrived?

MS. HEARD: When - at that time, when I - after I learned that they were coming, my best friend took pictures of me. We took pictures of the house and my face.

MS. BREDEHOFT: Okay. I'm going to -- and did your best friend take any pictures while the officers were there?

MS. HEARD: We took pictures before and while they were there and after.

MS. HEARD: We took pictures throughout.

MS. BREDEHOFT: Okay. So I'm going to take you --

MS. BREDEHOFT: Now, Michelle, can you bring up Defendant's Exhibit 706. I think we can do the native on this one. Yes, thank you.

MS. BREDEHOFT: Does this accurately depict the scene portrayed?

MS. HEARD: Yes, it does.

MS. BREDEHOFT: Your Honor, I would like to move the admission of Defendant's 706.

MS. VASQUEZ: No objection.

THE COURT: 706 in evidence. Publish.

MS. BREDEHOFT: And would you please describe to the jury what this is a picture of?

MS. HEARD: This is my face after Johnny threw a phone at it.

MS. BREDEHOFT: I'm going to, now, Michelle, ask you to pull up Defendant's 708.

MS. BREDEHOFT: And does this accurately depict the scene portrayed in this picture?

MS. HEARD: Yes, it does.

MS. BREDEHOFT: All right. And I also see that there is a little what we call "metadata item" on there.

MS. BREDEHOFT: How do you get that on a picture? How does that happen? Can you just describe briefly?

MS. VASQUEZ: Objection, Your Honor. That's speculation. Lack of foundation.

THE COURT: If you want to approach.

[STAGE DIRECTION]: (Sidebar.)

MS. VASQUEZ: Lack of foundation. Speculation. And hearsay.

MS. BREDEHOFT: It's not a lack of foundation. I'm asking her how that gets on how they put it on there. They put it on there at the time they took the picture.

THE COURT: She's not here as an expert. She's just here --

MS. BREDEHOFT: Right. It doesn't require expert testimony. This is on the next series of photos, Your Honor, and it's on there because they put it on there as the picture was being taken. You have it on your iPhone. Everybody has it on their iPhone. They can press that button, and that's part of it. It's not an extra feature.

MS. VASQUEZ: But that's not-- that's inaccurate. So the picture is taken, obviously it's taken without that. After the fact, what you can do is put on just a little i icon, just to show when the picture was taken. That can be manipulated, of course, Your Honor, and what I suspect that they did was took a screenshot of a phone, her iPad, that has the information bar on top of the picture.

MS. BREDEHOFT: She can testify to what, she did, and they can have expert witnesses in their case.

MS. VASQUEZ: That's hearsay, Your ,4 Honor.

MS. BREDEHOFT: This is on the I pictures, Your Honor.

THE COURT: She can testify as to how she put it on the pictures is fine. You can cross-examine on it, but we're not going to get into what metadata is or any of that.

MS. BREDEHOFT: I wasn't going to. I was just trying to explain how it got on there.

MS. VASQUEZ: Okay. Thank you, Your Honor.

THE COURT: Okay.

[STAGE DIRECTION]: (Open court.)

THE COURT: BY MS. BREDEHOFT:

MS. BREDEHOFT: Can you please explain how this particular item on here got onto the pictures?

MS. HEARD: It's a feature that was on iPhotos, you know, where your pictures are stored on your phone typically you just push "Info.

MS. BREDEHOFT: And was that pushed in these instances?

MS. HEARD: I pushed info, and that's what came up.

MS. BREDEHOFT: Your Honor, I'm going to move the admission of Defendant's 708.

THE COURT: Any objection to 708?

MS. VASQUEZ: Your Honor, I would just ask the picture be redacted on hearsay grounds --

MS. BREDEHOFT: Your Honor --

MS. VASQUEZ: To the metadata.

THE COURT: Okay. If you want to approach.

MS. VASQUEZ: Metadata.

THE COURT: Okay.

[STAGE DIRECTION]: (Sidebar.)

MS. BREDEHOFT: Metadata is not hearsay, Your Honor. It's not hearsay. It's not an out-of-court statement. It's just like a photo. It's just like a video. That's part --

MS. VASQUEZ: No. That's the DNA.

MS. BREDEHOFT: It's not an out-of-court statement. It's not by acoustic.

THE COURT: Okay. Yes, ma'am.

MS. VASQUEZ: It's the DNA of the photograph, batch DNA which can be manipulated. It is text, and it is hearsay.

MS. BREDEHOFT: It's not an article or statement, and we have expert witnesses, Your Honor.

MS. VASQUEZ: That can testify to it.

THE COURT: They can testify to it. Until we have an expert witness, I'll sustain the objection, all right?

MS. BREDEHOFT: All right.

[STAGE DIRECTION]: (Ope_n court.)

MS. BREDEHOFT: Your Honor, one moment, please.

THE COURT: Okay.

MS. BREDEHOFT: I'm trying to figure out how to move this faster within the rules.

THE COURT: Okay. That's fine.

MS. BREDEHOFT: All right. I'm going to move the admission of 708 with the redaction, Your Honor.

MS. BREDEHOFT: I that?

THE COURT: Okay. Any objection to

MS. VASQUEZ: There still needs to be another redaction at the top, Your Honor.

THE COURT: Okay. We'll get it. All right.

MS. VASQUEZ: Thank you.

THE COURT: 708 with the redactions, okay.

MS. BREDEHOFT: Thank you, Your Honor. And I would also like the record to reflect that ! we're publishing this for the jury.

THE COURT: Yes. No objection, correct? Yes. There you go.

MS. BREDEHOFT: Okay. I would like the record to reflect that this was the photo that was shown to Officer Saenz and Officer --

MS. VASQUEZ: Objection, Your Honor.

MS. BREDEHOFT: Your Honor, we couldn't put them in at the time. We hadn't identified them. Now the jury should be entitled to know which photo was shown --

MS. VASQUEZ: Your Honor, we ask that ! we approach.

THE COURT: Okay. You can approach.

THE COURT: That's fine.

[STAGE DIRECTION]: (Sidebar.)

MS. VASQUEZ: Your Honor, I--

THE COURT: I believe it is in the is record. That's the one we didn't get in with l deposition because -- jlO

MS. BREDEHOFT: They hadn't been I identified yet.

THE COURT: Because they hadn't been identified yet. So they were the ones used in the deposition?

MS. BREDEHOFT: Yes. And I've got them linked up exactly to the exhibit numbers.

THE COURT: I'll allow it. Okay?

MS. VASQUEZ: Thank you, Your Honor.

THE COURT: Okay.

[STAGE DIRECTION]: (Open court.)

MS. BREDEHOFT: So for the record, this particular photo was shown to Officer Saenz and Officer Hadden as Exhibit 24 in both of the depositions that were shown earlier where the pictures were not allowed to be shown yet because they hadn't been admitted.

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: Amber, will you please describe for the jury what is depicted in this photo.

MS. HEARD: Yes. That's a picture of my face taken that evening shortly before 9:30, after Johnny hit me with the phone.

MS. BREDEHOFT: Now we can take this one down, and let's go to Defendant's Exhibit 709. And based on the Court's ruling, I'm going to ask if you can redact that, Michelle, please.

MS. BREDEHOFT: I move the admission of 709.

THE COURT: Allright. any objection?

MS. VASQUEZ: Not with redactions, thank you.

THE COURT: All right. 709 with redactions in evidence. You can publish.

MS. BREDEHOFT: And, Your Honor, for , , the record, this is the photo that was shown to Officer Saenz and Officer Hadden as Exhibit 25 for both of their depositions.

THE COURT: Okay.

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: Amber, could you please describe for the jury what is depicted here.

MS. HEARD: That is my face after -- after the phone incident. That's that night.

MS. BREDEHOFT: All right.

MS. BREDEHOFT: Let's bring Defendant's 710, please.

MS. BREDEHOFT: And, Your Honor, I'm going to move the admission of Exhibit 710. The redactions have already been placed on it.

THE COURT: Okay. Any objection?

MS. VASQUEZ: No objection. Thank you.

THE COURT: All right. 710 with redaction. You can publish.

MS. BREDEHOFT: If we could publish, Your Honor.

MS. BREDEHOFT: For the record, this photo was shown to May 16, 2022 I !

MS. BREDEHOFT: Officer Saenz and Officer Hadden. It was Exhibit 26 for both of their depositions.

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: And please describe for the jury what's depicted here, Amber.

MS. HEARD: That is my face, in yet a different light, that same evening after Johnny hit me with the phone.

MS. BREDEHOFT: Let's go ahead and go to Defendant's exhibit 711.

MS. BREDEHOFT: And I'm going to move to admission of 711, Your Honor, with the redactions.

THE COURT: All right. Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right. 711 with redactions in evidence. Publish.

MS. BREDEHOFT: And for the record, Your Honor, for the jury's purposes, this was shown to Officer Saenz and Officer Hadden as Exhibit 27 to both of their depositions.

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: And could you describe what's depicted here, Amber?

MS. HEARD: Yes. That is another angle, another s lighting, of my face -

MS. HEARD: After the phone.

MS. HEARD: Johnny hit me.

MS. BREDEHOFT: When you say angle or lighting, what I did Rocky do in taking these pictures?

MS. VASQUEZ: Objection. Calls for speculation.

MS. BREDEHOFT: I said what did she do.

THE COURT: Overruled.

MS. BREDEHOFT: Thank you.

MS. HEARD: Raquel took pictures of my face in various places around the penthouse. The apartments have really different lighting, you know, really dark in some places. Anyway, so we just took pictures in different lighting so that we had an accurate portrayal and depiction what had happened.

MS. BREDEHOFT: And why did you take the pictures?

MS. HEARD: Raquel did it to protect me because the cops were coming and we knew we -- we knew that the police -- I think at this point, that they were already here, they were with us, but we weren't -- maybe this is right before; I'm not quite sure without seeing the time stamp, but we weren't sure what was going to happen, what the police were going to say, what they were going to do. We didn't know what Johnny was going to do, what he was going to say. So she wanted to protect me.

MS. BREDEHOFT: So let's go ahead and bring up 712.

MS. BREDEHOFT: All right. Move the admission of 712, Your Honor.

THE COURT: All right. Any objection?

MS. VASQUEZ: No. Thank you, Your Honor.

THE COURT: 712 with redactions. You can publish.

MS. BREDEHOFT: Thank you, Your Honor.

MS. BREDEHOFT: Please describe what's depicted here.

MS. HEARD: That is another picture of my face -

MS. HEARD: Taken around the same time.

MS. BREDEHOFT: And then let's go to 713.

MS. BREDEHOFT: Move the admission of 713, Your Honor.

THE COURT: All right. Any objection?

MS. VASQUEZ: No objection.

THE COURT: 713 with redactions. You can publish.

MS. BREDEHOFT: And for the record, this one was shown the Officer Saenz and Officer Hadden as well as exhibit 29 to both of their depositions.

MS. BREDEHOFT: And just describe briefly for the jury what this is.

MS. HEARD: This is another picture of my face I taken at the exact same time and in the same location as the other one, just with one of the lights turned on - or an additional light turned on in the previous one.

MS. BREDEHOFT: Let's go to 714.

MS. BREDEHOFT: Move the admission of 714, Your Honor.

MS. VASQUEZ: No objection.

THE COURT: All right. 714 with ho redactions. Publish it.

MS. BREDEHOFT: And please tell the jury what this depicts.

MS. HEARD: This is another angle of my face, or another picture of my face, taken in a different time. I don't know if this is later or before because I can't see the time on it.

MS. BREDEHOFT: Take that down. Let's go to 715. I'm going to move the admission of 715, Your Honor.

MS. VASQUEZ: No objection.

THE COURT: All right. 715 with redactions in evidence. You may publish.

MS. BREDEHOFT: Thank you. And for the record, this one was shown to Officer Saenz and Officer Hadden as exhibit 17 for both.

MS. BREDEHOFT: Please describe for the jury what's depicted here.

MS. HEARD: That is a picture of my face some point later on in the night. It looks like that was taken in Rocky's apartment or in the apartment that she was staying in.

MS. BREDEHOFT: Let's go to 716. Move the admission of 716.

MS. VASQUEZ: No objection, Your Honor.

THE COURT: All right. 716 in evidence as redacted.

MS. BREDEHOFT: And, Amber, could you please tell the jury what this picture depicts.

MS. HEARD: Yes. It's the business card that one of the police officers left for me in case I ,22 changed my mind and wanted to comment.

MS. BREDEHOFT: Okay. And were the pictures that we have just seen before this, were they taken before the pictures of the police card, the card that was left, after, or do you know?

MS. VASQUEZ: Objection. Compound and calls for speculation.

MS. BREDEHOFT: Your Honor, compound is --

THE COURT: Overruled.

MS. BREDEHOFT: Thank you.

MS. HEARD: We took pictures before, during, and after.

MS. BREDEHOFT: Okay. And the question I had for you is the pictures you've seen so far, were those taken before, at the time of this -- before this card was presented to you and you took the picture, after, or do you know?

MS. HEARD: Some of them were, but without seeing all the time stamps, I can't tell exactly.

MS. BREDEHOFT: Okay. That's fair, thank you.

MS. BREDEHOFT: Okay. And then I'm going to ask you to take this one down and go to g g y g 717.

MS. BREDEHOFT: And I'm going to ask you -- I'm going to move the admission of 717, Your Honor.

THE COURT: Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right. 717 as redacted in evidence. Publish.

MS. BREDEHOFT: Thank you.

MS. BREDEHOFT: And please just briefly describe to the jury what this is.

MS. HEARD: The two officers that first responded left me that card. This is the front of the business card they left.

MS. BREDEHOFT: Okay. Can you tell the jury, just explain what the interaction was that you had with the police officers, just describing what you observed as they came through?

MS. HEARD: I did not want to speak to them. I asked that Raquel's partner, or husband, ask them to go away without speaking to me.

MS. BREDEHOFT: And just so the jury understands, who was Raquel's fiancé at that time?

MS. HEARD: His name is Josh Drew. And he and Raquel lived in the apartment, at Johnny's invitation, across the hall from us. Raquel had keys. We kind of shared keys. They were our neighbors but had keys to our house.

MS. BREDEHOFT: Okay. So why didn't you want to cooperate with the police?

MS. HEARD: Because I - I wanted to protect Johnny. I didn't want him to be arrested. I didn't want him to be in trouble. I didn't want the world to know. I didn't want this to come out I didn't want him to be in trouble. I didn't want this to be - I wanted to protect Johnny.

MS. BREDEHOFT: Let's go to Defendant's exhibit 1374. That's 1374. One moment, Your Honor.

THE COURT: All right.

MS. BREDEHOFT: Thank you.

MS. BREDEHOFT: All right. Move the admission of 1374A, Your Honor.

THE COURT: Any objection?

MS. VASQUEZ: No objection.

THE COURT: 1374 in evidence -- 1374A in evidence. I'm sorry.

MS. BREDEHOFT: Thank you, Your Honor.

MS. BREDEHOFT: And, Amber, what is this?

MS. HEARD: It's another picture of my face after Johnny threw the phone at it.

MS. BREDEHOFT: Let's go to 1493T. And move the admission of 1493T.

MS. VASQUEZ: No objection.

THE COURT: All right. 1493T in evidence.

MS. BREDEHOFT: And what does this depict?

MS. HEARD: This is a picture of my eye, my face, after that incident Perhaps by the lighting, it looks like it might have been taken the next day, but I can't be tell - I mean, I can't tell for sure.

MS. BREDEHOFT: And then let's go to 1493S.

MS. BREDEHOFT: And move the admission of 1493S.

MS. VASQUEZ: No objection.

THE COURT: All right. l 493S in evidence. You may publish.

MS. BREDEHOFT: And what does this depict?

MS. HEARD: This is another picture of my eye and the side of my face.

MS. BREDEHOFT: Now, were there also pictures taken of the property that you described Mr. Depp destroying or damaging?

MS. HEARD: Yes, there were.

MS. BREDEHOFT: Michelle, can you bring up Defendant's Exhibit 700.

MS. BREDEHOFT: And based on Your Honor's rulings, we will take off the metadata.

THE COURT: Okay.

MS. BREDEHOFT: Move the admission of Defendant's Exhibit 700.

MS. VASQUEZ: No objection with redaction. 7 90

THE COURT: 700 with redactions. You can publish.

MS. BREDEHOFT: Can you please describe for the jury what's depicted in this photo?

MS. HEARD: Yes. My friend was preparing for bead show and had displays to show these bead necklaces she made. And she needed some counter space in order to kind of set up the displays that she was going to use the next day, so she asked me earlier in the day if she could use the free counter space in that penthouse, penthouse 5, to kind of set up those display racks. They were set up in that room when Johnny went in there to destroy things, as he does.

MS. BREDEHOFT: And this depicts some of that damage?

MS. HEARD: Yeah. He -- security let him in, even though I had asked --

MS. VASQUEZ: Objection, Your Honor. Speculation. And lack of foundation.

MS. BREDEHOFT: I don't think that was speculation.

THE COURT: I'll sustain as to I foundation. If you want to l foundation. If you want to -- 1

MS. BREDEHOFT: So what's depicted? What's the damage that was done?

MS. HEARD: Well, because Johnny would always smash up my things and destroy my property when he was mad at me, I had asked that they not let him in so that he could do that I mean, the only purpose to let - for him to be let in penthouse 5 in that state - he doesn't have property in there. The only way for him - the only reason for him to go in there would be to destroy it, and they of course let him into penthouse 5 so that he could go-

MS. VASQUEZ: Objection, Your Honor. Lack of foundation.

THE COURT: All right. I'll sustain the objection. Next question.

MS. BREDEHOFT: Just tell the jury what he did here that's depicted in this.

MS. HEARD: This is just one corner of the room that shows the destruction. He just went in there with his bottle swinging and destroyed - smashed a bunch of things.

MS. VASQUEZ: Objection, Your Honor. Is This is speculation. She hasn't established that she was there.

THE COURT: I'll sustain. If you want ! to lay a foundation, that's fine.

MS. BREDEHOFT: Did anybody else, to your knowledge, go in there and do this?

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

MS. BREDEHOFT: I'm trying to lay the I 1 s foundation here, Your Honor.

THE COURT: I'll sustain the objection. Next question.

MS. BREDEHOFT: Well, let's do this: Never mind-- I we'll let somebody tell who did it, okay?

THE COURT: Sure.

MS. BREDEHOFT: Just all I'm asking here is what is the damage? What has been done that's depicted here?

MS. HEARD: Just one of Raquel's bead racks that he-

MS. VASQUEZ: Objection, Your Honor. Speculation.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: All right.

MS. BREDEHOFT: Let's go to 701.

MS. BREDEHOFT: Move the admission of 701.

MS. VASQUEZ: With redaction, no objection.

THE COURT: All right. 701 with redactions in evidence.

MS. BREDEHOFT: Thank you.

MS. BREDEHOFT: Amber, can you please describe what's depicted here.

MS. HEARD: Yeah. It is our bedroom at penthouse 3, the main penthouse. Looks like he was just throwing things.

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

THE COURT: Sustain the objection.

MS. BREDEHOFT: So just describe what you see here, as j y opposed to what you say he did.

MS. HEARD: I see a bunch of art tossed on the bed

MS. BREDEHOFT: Okay. Where was that art before Mr. Depp was at your house on May 21, 2016?

MS. HEARD: Hanging on the wall where it belongs.

MS. BREDEHOFT: Michelle, can you bring up Defendant's Exhibit 702, please.

MS. BREDEHOFT: Your Honor, I forgot on the last two for Defendant's Exhibit 700 that was shown to Officer Saenz and Officer Hadden. That was Exhibit 39, to both of theirs, and Exhibit 701 was shown to Hadden only, and that was Exhibit 30 in his deposition.

MS. BREDEHOFT: I move the admission of 702, please.

THE COURT: All right. Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right. 702 with redactions.

MS. BREDEHOFT: Thank you, Your Honor And let the record reflect this was also shown to Officer Hadden as Deposition Exhibit Number 40.

MS. BREDEHOFT: And can you please describe what is depicted here.

MS. HEARD: Yes. That's broken glass from one of the broken pictures that were hanging on the wall.

MS. BREDEHOFT: And where is this, physically?

MS. HEARD: This is in penthouse 5 on the stairwell.

MS. BREDEHOFT: Michelle, can you bring up Defendant's 703, please.

MS. BREDEHOFT: Move the admission of Defendant's 703.

MS. VASQUEZ: No objection.

THE COURT: All right. 703 with redactions. You can publish.

MS. BREDEHOFT: Thank you, Your Honor. And let the record reflect that this was shown to Officer Saenz and Officer Hadden as Exhibit 41 for both of their depositions.

MS. BREDEHOFT: And, Amber, please describe for the :20 jury what's depicted here.

MS. HEARD: It's another photograph of the stairwell in the same apartment, penthouse 5, which is the apartment where I kept my things.

MS. BREDEHOFT: Okay. And is that glass on the stairway?

MS. HEARD: Yes. From one of the broken picture frames on the wall. We had a lot of picture - I had a lot of picture frames on the walls, and many, if not most, of them were smashed.

MS. BREDEHOFT: Okay. ,9

MS. BREDEHOFT: Let's take this one down and go to 704, please, defendant's, Michelle, thank you.

MS. BREDEHOFT: Move the admission of Defendant's 704.

MS. VASQUEZ: No objection.

THE COURT: All right. 704 with redactions. Publish.

MS. BREDEHOFT: Thank you. And let the record reflect this was shown to both Officer Saenz and Hadden as Exhibit 34 to both their depositions.

MS. BREDEHOFT: And, Amber, please describe for the jury what's depicted here.

MS. HEARD: Just another piece of glass, looks like C basically a wine glass, that is in penthouse 3, the main apartment

MS. BREDEHOFT: And when you say "wine glass," did you see this particular glass?

MS. HEARD: There were glasses in the kitchen always, and when Johnny was walking out, I saw him, myself, swinging the magnum-size bottle, and I could hear glass breaking and things falling.

MS. BREDEHOFT: Okay. Thank you.

MS. BREDEHOFT: Michelle, can you bring up 705, please.

MS. BREDEHOFT: Move the admission of 705.

MS. VASQUEZ: No redactions -- excuse me, no objection.

THE COURT: All right. 705 in evidence.

MS. BREDEHOFT: Thank you, Your Honor. And let the record reflect this was shown to Officer Hadden as exhibit 36 to his deposition.

MS. BREDEHOFT: Amber, could you please describe to the jury what's portrayed here?

MS. HEARD: Things knocked over on the kitchen countertop, and I see pieces of broken glass on the countertop as well.

MS. BREDEHOFT: Let's go to 707.

MS. BREDEHOFT: Move the admission of 707.

THE COURT: Any objection?

MS. VASQUEZ: No objection, Your Honor.

THE COURT: All right. 707 with redactions in evidence. Thank you.

MS. BREDEHOFT: And let the record show that both Officer Saenz and Officer Hadden were shown this picture as Exhibit 18 in both their depositions.

MS. BREDEHOFT: Amber, could you please describe to the jury what's depicted here?

MS. HEARD: This is the hallway leading out - leading up to the apartments. So this is the hallway that connects all of the apartments. It's kind of an indoor/outdoor sort of hallway, meaning it's covered but it's exposed on the far ends of both to the elements. So this is not carpet; it's like a - it's like a plasticky- I don't know I how to describe the material. It's like a plasticky kind of netting - not netting. It's difficult to describe, but it's kind of an outdoor sort of carpet.

MS. BREDEHOFT: All right. And what's depicted there? wall, it seems.

MS. BREDEHOFT: Let's go to 718, please. Move the admission of 718.

MS. HEARD: Wine on the floor and a little on the

MS. VASQUEZ: No objection.

THE COURT: All right. 718 with 14 redactions in evidence.

MS. BREDEHOFT: And let the record reflect this was shown to Officer Saenz and Officer Hadden as Deposition Exhibit 31 for both of them.

MS. BREDEHOFT: Amber, please describe for the jury what's depicted here.

MS. HEARD: It's another photograph on the floor, not the wall. This one appears to be remarkably unbroken.

MS. BREDEHOFT: Okay. please.

MS. BREDEHOFT: Let's go to 719, Move the admission of Defendant's 719.

MS. VASQUEZ: No objection.

THE COURT: All right. 719 with redactions. Thank you.

MS. BREDEHOFT: Thank you, Your Honor. Let the record reflect that this was I shown to Officers Saenz and Hadden in their depositions, exhibit 35 to both.

MS. BREDEHOFT: And, Amber, just describe to the jury what's depicted here.

MS. HEARD: At the one corner of the kitchen in penthouse 3, looks like one of the things that was knocked off of the kitchen island when Johnny left.

MS. BREDEHOFT: Let's go to Defendant's 720, please. Thank you, Michelle. Move the admission of Defendant's 720.

MS. VASQUEZ: No objection.

THE COURT: 720 with redactions.

MS. BREDEHOFT: And let the record reflect, Your Honor, this was shown to Officers Saenz and Hadden, Defendant's Exhibit 43 to both.

THE COURT: All right.

MS. BREDEHOFT: Amber, could you please describe to the jury what's depicted here?

MS. HEARD: That's my office. It's a comer of my office, and that is a box of, like, sentimental things, things from my childhood or things important to me, keepsake boxes, has been dumped out, it looks like.

MS. BREDEHOFT: Let's go to Defendant's 721.

MS. BREDEHOFT: Move the admission of Defendant's 721.

MS. VASQUEZ: No objection, Your Honor.

THE COURT: 721 with redactions. Publish.

MS. BREDEHOFT: Thank you, Your Honor. And let the record reflect this was shown to Officers Saenz and Hadden in deposition, Exhibit 44 for both.

MS. BREDEHOFT: Amber, please describe for the jury what this depicts.

MS. HEARD: It's, again, my office. Same thing, different angle.

MS. BREDEHOFT: Let's go to 722. Move the admission of Defendant's Exhibit 722.

MS. VASQUEZ: No objection, Your Honor.

THE COURT: All right. 722 with redactions in evidence. Thank you.

MS. BREDEHOFT: And let the record reflect this was shown to Officer Saenz and Officer Hadden, Deposition Exhibit 42 to both.

MS. BREDEHOFT: Amber, please describe for the jury what's depicted here.

MS. HEARD: That's a pictures of my friends and I when we were at that London house that Johnny punched.

MS. BREDEHOFT: Okay. You saw him punch this?

MS. HEARD: I heard it

MS. BREDEHOFT: All right. Let's go to 723, please. •6 Move the admission of Defendant's 723.

THE COURT: Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right. 723, redacted, O in evidence.

MS. BREDEHOFT: Let the record reflect this was shown to Officers Saenz and Hadden in their depositions, exhibit 38 for both.

MS. BREDEHOFT: Amber, please describe for the jury what's reflected.

MS. HEARD: One of the - it looks like a magnum bottle of wine that is empty or spilled on the floor.

MS. BREDEHOFT: Can you tell where that is located?

MS. HEARD: Looks like it would be penthouse 5.

MS. BREDEHOFT: Let's go to 724. Move the admission of Defendant's 724.

MS. VASQUEZ: No objection.

THE COURT: All right. 724 with redaction, thank you.

MS. BREDEHOFT: Let the record reflect this was shown to Officers Saenz and Hadden as their Deposition Exhibit 33.

MS. BREDEHOFT: Amber, please tell the jury what's depicted here.

MS. HEARD: This is more wine that Johnny was I spilling as he was using the - using the bottle he was holding as a, you know, a bat of sorts. p3

MS. BREDEHOFT: Let's go to 725. We're almost done. Just two more, I promise. Move the admission of Defendant's 725.

MS. VASQUEZ: No objection.

THE COURT: Okay. 725 with redactions.

MS. BREDEHOFT: Let the record reflect this was shown to Officers Saenz and Hadden as Deposition Exhibit 37 to their depositions.

MS. BREDEHOFT: Amber, please tell the jury what's depicted here.

MS. HEARD: More spilled wine on the floor. This looks like penthouse 5.

MS. BREDEHOFT: And the last, but not least, Michelle, please, Defendant's 726.

MS. BREDEHOFT: Move the admission.

MS. VASQUEZ: No objection.

THE COURT: Okay.

MS. VASQUEZ: Your Honor, I believe the jury needs a tissue.

THE COURT: Okay. Thank you.

MS. VASQUEZ: You're welcome.

THE COURT: We will get a tissue. Thank you.

THE COURT: All right. No objection to 726 with redactions. Thank you.

MS. BREDEHOFT: All right. And let the record reflect that this one was shown to Officers Saenz and Hadden as deposition 32 -- exhibits to their depositions.

MS. BREDEHOFT: Amber, please just describe to the jury what's depicted here.

MS. HEARD: More spilled wine on the floor, penthouse 3, it appears.

MS. BREDEHOFT: Okay. Thank you.

MS. BREDEHOFT: Now, when the police officers were there, did either of them take you aside by yourself and talk with you?

MS. HEARD: Yes.

MS. BREDEHOFT: Which one? Or both?

MS. HEARD: The male officer I did not have much interaction with. The female officer asked to - said she needed to speak to me by myself, pulled me aside. We went into penthouse 3, the main penthouse, to speak there because I had been in penthouse 1, Raquel and Josh's apartment, up until that moment.

MS. BREDEHOFT: Okay. And then what, if anything, did she ask you?

MS. HEARD: She asked me if I would make a statement, if I would cooperate. She kind of indicated to me - I don't remember if it was a - what word she said, but she kind of gestured to my face and-

MS. VASQUEZ: Objection, Your Honor. Hearsay.

THE COURT: All right. I'll sustain.

MS. BREDEHOFT: I think she can --

MS. BREDEHOFT: Gesturing to her face is not hearsay. It's not a statement.

THE COURT: I'll sustain the objection.

THE COURT: Next question.

MS. BREDEHOFT: Also not offered for proof of the matter.

THE COURT: I'll sustain.

THE COURT: Next question.

MS. BREDEHOFT: So what happened next?

MS. BREDEHOFT: Let's do this: How long were you with the officer when she took you aside?

MS. HEARD: Few minutes, if that.

MS. BREDEHOFT: Okay. And as a result of -- did you cooperate?

MS. HEARD: No, I did not. But it was my understanding that I couldn't stop them from walking through the apartment, which is what they indicated to me.

MS. BREDEHOFT: Okay. And were you with them when they walked through the apartment?

MS. HEARD: No. Josh walked in - I was with them at the beginning of penthouse 3. Josh, Raquel's partner, took over from there and showed them around the house up through penthouse 3, which connects on the top floor, to the neighboring apartment, penthouse 4, and then on to penthouse 5. They all connect on the top level. So Josh walked the officers through the - through the house.

MS. BREDEHOFT: Okay. And what, if anything, did you ! 17 say about the identity of Mr. Depp?

MS. HEARD: Nothing.

MS. BREDEHOFT: Were you asked?

MS. HEARD: Yes.

MS. BREDEHOFT: But you refused to tell them?

MS. VASQUEZ: Objection. Leading.

THE COURT: Sustained.

MS. BREDEHOFT: Why did you refuse to tell the police officers Mr. Depp's identity?

MS. HEARD: Because I did not want them to arrest Johnny. I did not want this to happen. I did not want any of this to happen. I didn't want to get him in trouble, so I said - well, I can't - I just refused to cooperate.

MS. BREDEHOFT: Okay. Now, approximately how long were the police officers there?

MS. HEARD: I don't recall exactly. Maybe, I'd say, less than half an hour. I really don't know exactly. But they weren't there very long at all.

MS. BREDEHOFT: Okay. Now, after the police officers left, what did you do?

MS. HEARD: We cleaned up a bit because there was broken glass and we had dogs, so we tried to clean up the mess, and especially the glass, and Josh, Rocky, Liz, and I, we just cleaned up and eventually sat on the couch and they just flied to comfort me.

MS. BREDEHOFT: Okay. What, if any, knowledge did you have that there was going to be a second set of officers coming later that night?

MS. HEARD: I didn't know about that. That surprised me.

MS. BREDEHOFT: When did you learn that a second set of officers were coming to the penthouse that night? were there, when they arrived.

MS. BREDEHOFT: Okay. And we've seen the body-worn video on that. Is there anything that you recall outside of what was reflected on officer Gatlin's

MS. HEARD: I think I learned about it when they body-worn video?

MS. HEARD: I couldn't see much of what was on that video. I just - I remember being surprised that they were there, not really know why they were there. I assumed it was because I was encouraged to make a statement by the first set of officers.

MS. VASQUEZ: Objection, Your Honor. Hearsay.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: Keep going forward. May 16, 2022 I

MS. HEARD: And I was sitting on the couch. It was some time, hours, maybe, like, maybe between an hour, two hours, maybe more. I don't really recall. But we had cleaned up and we were resting, and they were comforting me when they came. And they didn't seem to - they didn't do what the first set of officers did. They just kind of came into the apartment, confirmed that I was okay or that we were okay. They didn't really seem to be that concerned, and they didn't demand to walk through like the first set of officers had, and they left.

MS. BREDEHOFT: Okay. And, what, if any, cooperation did you give them?

MS. HEARD: Well, I didn't need to. I didn't really cooperate. I didn't talk to them. I didn't even get up off the couch. I was speaking to them from quite a bit of a distance, like between you and I, and maybe more. And I didn't really say anything. I just kind of acknowledged that they entered and that I - that was it.

MS. BREDEHOFT: Did you provide them with Mr. Depp's name?

MS. HEARD: No way.

MS. BREDEHOFT: Did they ask?

MS. BREDEHOFT: All right. I'm going to take you to the next day, May 22, and I'm going to --

MS. BREDEHOFT: Michelle, can you bring up Defendant's Exhibit 772.

MS. BREDEHOFT: What, if any, efforts did Mr. Depp make to reach out to you the day after this happened?

MS. HEARD: Well, he made several efforts. Immediately, he kind of reached out and lashed out, again, kind of going on what seems to be slightly delusional thinking that just because he saw my friend's beads out on the countertop, that it had become a workshop or a studio for her. So he seemed angry about, you know, this perception that this bead display that my friend had set up was evidence of her running some sort of workshop.

MS. HEARD: And he also accused us of having -- or me of having invited someone else to live there who wasn't living there, who was just in the apartment when Johnny stormed in.

MS. HEARD: So he just kind of lashed out, and then the tone changed in the days that followed.

MS. BREDEHOFT: Let me stop you there. So I'm going to ask you to take a look at Defendant's Exhibit 772. And is this a text message from Mr. Depp to you?

MS. HEARD: Yes, it is.

MS. BREDEHOFT: And it's on 5/22 at 12:23 a.m. So it's early morning hours after 5/21; would that be fair?

MS. HEARD: Yes.

MS. BREDEHOFT: Your Honor, I'm going to move the admission of Defendant's 772.

MS. VASQUEZ: No objection.

THE COURT: All right. 772 in evidence with the identifiers redacted and published.

THE COURT: Thank you.

MS. BREDEHOFT: Thank you, Your Honor.

MS. BREDEHOFT: All right. And I know you started to talk about this, Amber, but it says, "I'm an idiot. PH5 is Rocky's studio. You are shameless." Do you see that?

MS. HEARD: Yes.

MS. BREDEHOFT: Was that what you were talking about with him thinking --

MS. HEARD: Yes.

MS. BREDEHOFT: Okay. And then, obviously, we can read that he says, "I tried to make it work You just turned more and more into a spoiled brat. All you wanted was to making me fucking miserable. Well, I'm finally there. I'll never be able to understand how I fell in love with you. You're not her. I loved you more than anything. I did everything that I could, but you never fucking loved me. I was merely convenient for you. I hope our divorce goes as quickly as possible and that it is as painless as possible. So sorry you were as unhappy with me as you were.

MS. BREDEHOFT: Obviously the purity of whatever was has been gone for a long time. I will miss the moments of beauty and truth. Goodbye, Amber. What the fuck was I thinking? I wish you all merit -- all you merit, the former him. What, if any, discussion did you have with Mr. Depp about divorce that night?

MS. HEARD: We did not have a discussion about that that evening. We didn't have time. He was obsessed with dog poop.

MS. HEARD: That's what he wanted to talk about.

MS. BREDEHOFT: All right. Let's take this down, and let's go to Defendant's Exhibit 773.

MS. BREDEHOFT: Now, this is a text exchange between you and Mr. Depp. It starts with Mr. Depp on 5/21 at 6:58 p.m., just saying "Here." Does that refresh your recollection of when he arrived at your penthouse on May 21?

MS. HEARD: Yes.

MS. BREDEHOFT: Okay. And then the next series are on 5/22. They start at 5:13, and you're discussing talking. You said, "Sorry. I'm just leaving Amanda's birthday now." Do you see that?

MS. HEARD: Yes, I do.

MS. BREDEHOFT: All right. And then he responds to that, correct?

MS. HEARD: Yes.

MS. BREDEHOFT: All right.

MS. BREDEHOFT: Your Honor, I would like to move the admission of Defendant's 773. just have a minute to review the exhibit.

THE COURT: Sure. Yes, ma'am ho

MS. VASQUEZ: Is it just this page?

MS. VASQUEZ: Your Honor, if we could

MS. BREDEHOFT: No, there's --

THE COURT: Three pages. In

MS. BREDEHOFT: Three pages.

THE COURT: I'm just reading Michelle's (15 hands.

MS. VASQUEZ: No objection, Your Honor.

THE COURT: All right. 773 with redaction of identifiers.

MS. BREDEHOFT: Thank you.

MS. BREDEHOFT: If we could -- okay. We've got it published to the jury. So let's go to the top, Michelle.

MS. BREDEHOFT: So it starts out with him. This is the 5/21, 6:58 p.m., saying he was there, correct?

MS. HEARD: Yeah. But I think he came in later than that, took him some time.

MS. BREDEHOFT: Okay. And then if we move up, the next one is you at 5:22 -- at 5:13 p.m., correct?

MS. HEARD: Yes.

MS. BREDEHOFT: And then you say, "Thank you," and then "Can we still speak and amend?"

MS. BREDEHOFT: What do you recall of why you sent those texts?

MS. HEARD: I believe we had spoken on the phone, or the - I can't control this, correct? The screen? I don't know.

MS. BREDEHOFT: We can give you control yes. Maybe we should do that and clear out my purples.

MS. HEARD: I just don't know what was sent right before this.

MS. BREDEHOFT: Go ahead. Go ahead.

THE COURT: She can't scroll. She's asking to scroll.

MS. BREDEHOFT: Okay. Michelle, let's have you scroll if you can. Just go ahead and scroll through, just slowly, so she can read the whole thing.

MS. HEARD: Okay.

MS. BREDEHOFT: All right. Does that help refresh your recollection?

MS. HEARD: Yes. I believe that -- I believe he had apologized to me after the phone incident. I had commitments that I had to attend the following day on the 22nd, so the beach joy reference I mentioned I had to go to, I had to go to a -- I was outside to bring a cake to a friend's birthday party, so I had things I was -- unfortunately I had things to do that day. And I remember there was communication with Johnny, both by phone and by text, where he was telling me that he was clean, that he was sober, he was clear-minded. It wasn't the monster, and that he was so sorry.

MS. HEARD: But I -- I had already committed to filing for divorce, and eventually I have to let him know that it's not just -- not just saying it in the anger, in the fights that, like we had 1! done, you know, both he and I did that at times in some of our fights, especially towards the end of our relationship.

MS. HEARD: And so I let him know that I was serious about filing at the time and that I had had enough after the phone -

MS. VASQUEZ: Objection, Your Honor. Hearsay.

THE COURT: Sustained. Go ahead.

MS. BREDEHOFT: All right. I'm going to draw your attention to the bottom of the page, Defendant's Exhibit 773, and this is at 522, so this is 6:19 p.m. Do you see that? 522?

MS. BREDEHOFT: And he says, "Just let me know when you have a minute, and I'll give you a call. Nothing I have to say, you should elicit anything but a sense of ease." Do you see that?

MS. HEARD: Yes.

MS. BREDEHOFT: And then he says, "All my love and profound apologies."

MS. BREDEHOFT: What was he apologizing for?

MS. VASQUEZ: Objection. Calls for speculation.

THE COURT: All right.

MS. BREDEHOFT: What was your understanding of what he was apologizing for?

MS. VASQUEZ: Speculation, Your Honor.

THE COURT: Sustain the objection.

MS. BREDEHOFT: In his phone call with you, did he tell l you what he was apologizing for?

MS. HEARD: Yes.

MS. BREDEHOFT: What did he say?

MS. HEARD: He was sorry that he reacted the way he did. He said he didn't mean to hurt me. He didn't mean to hurt me. If he really hurt me that bad, he's sorry, but he just - he didn't mean to.

MS. BREDEHOFT: Michelle, if we can, go to the next page, up to the green, please.

MS. BREDEHOFT: And he says here, "I'm sad, I'm scared, and I'm broken, my sweet slim." And then he says, "I want you happy. I have zero harsh feelings. I am clear, and I am me.

MS. BREDEHOFT: What did you understand him to mean by "I am clear and I am me"?

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

MS. BREDEHOFT: Do you --

MS. HEARD: I know what he meant.

MS. VASQUEZ: Your Honor--

MS. BREDEHOFT: Did he use that phrase with you?

THE COURT: Hold on. I'll sustain that objection.

MS. BREDEHOFT: I'm trying to get to the next one.

THE COURT: I know. Then you can ask your next question.

MS. BREDEHOFT: Thank you

MS. BREDEHOFT: Did he use those phrases with you during your marriage?

MS. HEARD: Yes, he did

MS. BREDEHOFT: What did Mr. Depp mean when he says, "I am clear, and I am me"?

MS. VASQUEZ: Objection. Calls for speculation.

MS. BREDEHOFT: I think I established the foundation.

THE COURT: Overruled.

MS. BREDEHOFT: Thank you.

MS. HEARD: That he had sobered up. That he had sobered up and he was not the monster again, that he was him, that he was the good guy I loved, the one that I trusted

MS. BREDEHOFT: All right.

MS. BREDEHOFT: I'm going to ask, Michelle, if you can take that one down and bring in 771, which has already been admitted.

MS. BREDEHOFT: Now, those text exchanges were in the 6:00 to almost 7:00 range, and here it's 5/22 it's now 8:00, correct?

MS. HEARD: Yes.

MS. BREDEHOFT: And he's telling you, "Sorry if it was a bit. Please know that my hurt towards you is over. My apologies are eternal and belong to you, solid."

MS. BREDEHOFT: Do you see that?

MS. HEARD: Yes.

MS. BREDEHOFT: Okay. And was it your understanding he was apologizing again?

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

THE COURT: All right. I'll sustain the objection.

MS. BREDEHOFT: Was there anything else he would have been apologizing for that he had done?

MS. VASQUEZ: Objection. Calls for speculation.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: That's it. Okay.

MS. BREDEHOFT: So tell the jury how you felt in that week, May 22 through May 27, and what you decided first to do?

MS. HEARD: At the time, it felt like the hardest thing I've ever had to do. I had worked so hard to try to make this relationship work. I went to therapy. I went to Al-Anon. I got help. I read 12 books. I did everything I could possibly do, and it didn't work. And I - I was conflicted. To answer your question, I was conflicted. I knew after he threw the phone at my face that after all that month of not seeing each other, not getting better, not getting clean and sober, there wasn't even - I didn't - you know, the - it was falling apart. I knew I had - I knew I had to leave him I knew I wouldn't- I knew I wouldn't survive it if I didn't. So I made the decision to file for divorce.

MS. HEARD: It was hard because, you know, I loved Johnny so much. I loved him so much.

MS. BREDEHOFT: And why did you file for divorce?is

MS. HEARD: Because I knew if I didn't, that I - I knew if I didn't, I'd likely not literally ! 17 survive. I'd been so scared that it was going to !ts end really badly for me, and I - I really didn't I didn't want to leave him. I loved him so much. I would have done anything, but I couldn't - I couldn't do that one thing; I couldn't stay. The promise and hope that I had had become less and less regular and more and more rare. The monster had been this thing that was now the normal and not the exception. The violence was now normal and not the exception. I was -- so it was so hard. It was so hard, but I knew I had to do it. I believe he would have taken it too far and I wouldn't be here.

MS. BREDEHOFT: Why did you ask for a domestic violence temporary restraining order?

MS. HEARD: I wanted to change my locks. I wanted to change my locks. I wanted to -- a good night's sleep. Security would always let him into the house, no matter what I asked them, no matter when I -- when I begged them to let me know when he was coming over, no matter how much I begged them not to let him in when he was drunk or high. And I just -- I couldn't sleep. I'd wake up in a panic. I was losing hair. I was losing weight. I got really sick. I had shingles. I couldn't sleep. I'd wake up in a panic attack. I had panic attacks all the time. I was falling apart.

MS. HEARD: I was really scared and very conflicted because the person I was scared of was also the person I'm in love with, which is really tricky.

MS. HEARD: And I was thinking one step at a time. You know, I was thinking very myopically. I wanted just to get a good night's rest, a good night's sleep. I just wanted them to change my locks. I thought it would be healthier if I got some sleep and I could think of what to do and how to handle this and I just could sleep. And when I did, I realized that that wasn't enough, that he could get in anyway, that the building wasn't going to stop him from getting a locksmith and coming in. I knew that he would do what he wanted.

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

THE COURT: Overruled. you.

MS. BREDEHOFT: Your Honor -- thank

THE COURT: All right. Next.

MS. BREDEHOFT: Okay. So did Mr. Depp show up for the hearing I on the DVTRO

MS. HEARD: No, he didn't. Did you? Yes, I did. Okay. And why did you show up? Because I had to provide testimony for why I needed a restraining order.

MS. BREDEHOFT: What, if any, warning did you give ;9 Mr. Depp about obtaining the DVTRO?

MS. HEARD: We gave him warning. My counsel and his counsel were in communication, and we let them know. We had to. It was mandatory is my understanding of it. I'm not a lawyer.

MS. BREDEHOFT: Was there any confusion surrounding whether Mr. Depp was going to file suit as well?

MS. VASQUEZ: Objection, Your Honor. Calls for speculation. Lack of foundation. I 1 s

MS. BREDEHOFT: I'm asking --

THE COURT: I'll sustain as to foundation.

MS. BREDEHOFT: Did you have any confusion as to whether Mr. Depp was going to file as well?

MS. HEARD: So I filed for divorce on the 23rd, I believe, and I thought that when I went in that Tuesday, or when we filed for it, remarkably, it managed to stay under the radar. You know these filings are not private. You can't make them private in California. And remarkably it had flown under the radar. No one picked up on the fact that I had filed. And as limited as it sounds now, I just wanted as much privacy as we could have, you know, one day at a time.

MS. HEARD: I wanted as much privacy as we could possibly get, and the filing had been missed by TMZ and, you know, these paparazzi outlets and stuff. But the communications between our counsel, I realized that Johnny was going to file --

MS. VASQUEZ: Objection. Hearsay.

THE COURT: All right. I'll sustain i the objection.

MS. BREDEHOFT: I'm trying to think how to ask this.

MS. BREDEHOFT: So without saying what the counsel said, what were you -- what was your understanding And what was your concern

MS. VASQUEZ: Objection. Hearsay.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: All right. Well, let's move on.

MS. BREDEHOFT: Michelle, can you bring up Defendant's exhibit 800, please.

MS. BREDEHOFT: Move the admission of Defendant's exhibit 800.

THE COURT: Any objection?

MS. VASQUEZ: No objection, Your Honor.

THE COURT: All right. 800 in evidence and published.

MS. BREDEHOFT: Amber, can you describe for the jury what this picture is?

MS. HEARD: It's a picture of my face while I'm sitting at the courthouse.

MS. BREDEHOFT: And were you wearing any makeup?

MS. HEARD: I was wearing nothing, not a stitch of makeup.

MS. BREDEHOFT: Michelle, can you bring ________ up 801, please.

MS. BREDEHOFT: Move the admission of 801.

MS. VASQUEZ: No objection.

THE COURT: 801 in evidence. Publish.

MS. BREDEHOFT: Amber, if you can, tell the jury what this is.

MS. HEARD: That's me where I was obtaining my restraining order. That's me in the courthouse.

MS. BREDEHOFT: Okay. And what, if anything, did you do while you were at the courthouse? Did you testify?

MS. HEARD: Oh, I provided testimony and sat there and cried.

MS. BREDEHOFT: And did you obtain a domestic violence restraining order, temporary restraining order?

MS. HEARD: I did. The court granted me a restraining order at that time.

MS. BREDEHOFT: Okay. When you left the courthouse, what did you experience?

MS. HEARD: I walked into the courthouse. It was quiet first thing in the morning. No one knew about my divorce, so I thought it was going to stay that way, and I walked out to a sea of paparazzi and cameras, photographers. I, to that point - I mean, at that point in my life, I had never seen so many photographers, and they just surrounded me as I walked out of that courthouse and screamed at me, screamed horrible things at me.

MS. BREDEHOFT: I'm going to take you, just for a moment, to makeup, and then we'll--

THE COURT: After that --

MS. BREDEHOFT: Yeah, that will be a good breaking point after the makeup.

THE COURT: Yes.

MS. BREDEHOFT: You said that you didn't testify-- I didn't wear any makeup that day. We've heard all kinds of things about makeup in this case. Could you please tell the jury what your regular routine was with respect to makeup?

MS. HEARD: Yes. I get up and wash my face, like most of us, and I put on, right away, a moisturizer that has tinted foundation in it. And then I put another foundation on because it has sun block in it. I have a skin condition that my skin reacts to the sun in a bad way, so I have to wear sun screen or sun block every day. Anyway, so I put on both of those. I put on concealer, and I do that before I leave my bathroom in the morning.

MS. HEARD: That's obviously if I don't have a bruise.

MS. BREDEHOFT: Now, when you had bruises or cuts of any nature, what would you do about those? Would you try to cover them up? Would you try to just leave them showing? What would you do?

MS. VASQUEZ: Objection, Your Honor. I 1 s Leading.

THE COURT: Overruled. Go ahead.

MS. HEARD: Well, I'm typically photographed in LA when I leave the house, paparazzi type of photographs. So I always -- you know, I'm somewhat aware of that anyway, and no woman wants to walk around with a bruise on her face. So if I do have a bruise on my face or someplace visible, you know, the main thing is to ice right away to reduce swelling because no amount of makeup can fix swelling. But it's very manageable if you ice it really good. Arnica is also a great remedy, arnica cream. And then if you want to cover up a bruise, you obviously put foundation first, concealer, and then on top of that, I used a - like a bruise kit, not a bruise kit, it's a theater makeup kit, a color correction kit I use. I call it my bruise kit.

MS. BREDEHOFT: I used this, I think, in opening statement, and it's Defendant's exhibit 1.

THE COURT: If you could, microphone, please. We can't hear you.

MS. BREDEHOFT: Oh. May I approach the witness to --

THE COURT: You can show counsel.

MS. HEARD: Yeah. This is what I was talking about. It's a color correction kit. This is not obviously the exact one I used to carry, but I 48, _________ used to carry it with me all the time. Sometimes it's pink, and sometimes a little bit more purple of a hue. And sometimes the kits are three colors. You can get them in three or four colors. Sometimes they have even more. But the idea is that you want to counteract whatever color you're working with on the bruise.

MS. HEARD: So the first day of bruising is - well, the immediate is red. Red is what shows up right away, so you want to go with the opposite on the color wheel by dabbing on a bit of the green or something to counteract the red. After a day or two, you get more purple in a bruise, so you'd obviously have to go with more of the red tones or the orange tones here.

MS. HEARD: Day two, for me, was always the trickiest because day two just - I feel like - well, day one and day two are hardest for me because that's when you get the most blues and purples, and you have to deal with the sensitivity. Bruises don't like to be touched. That's the whole point.

MS. HEARD: So that's the trickiest part, but after a few days, that becomes more of a - that blue becomes more of a brown, yellowish brown, like a, you know, five, seven days in, becomes more of a yellow-green and then fades into a brown, and then it's your skin. And whatever color you're working with in the bruise, you want to go opposite color on the color wheel.

MS. HEARD: So the opposite, I mean, so in the first couple of days when you have more of the typically bruise color, the blues and the purples, you want to go more of the orange on the color wheel, as opposed to the greens that you start with. And then it moves - it progresses from there.

MS. HEARD: I also noticed that bruising on your face tends to heal a lot faster than, at least for me, it was faster healing than bruises on my body, or at least it seemed like that to me. And I know this is pretty much unrecognizable after a day or two, depending on how much you ice it.

MS. HEARD: Lips are the hardest because they crack -34------ --------------483,-6- and bleed, of course. But that's easy to hide with lipstick if you're a woman or, you know, if you wear lipstick, I suppose.

MS. BREDEHOFT: We heard some testimony of people in the week of May 21st to 27, saying that you didn't wear a stitch of makeup; is that true?

MS. VASQUEZ: Objection. Hearsay.

THE COURT: Overruled.

MS. HEARD: They just don't know what they're talking about. I always wear makeup.

MS. BREDEHOFT: You always wear makeup?

MS. HEARD: I mean, it's part of my bathroom routine in the morning. You know, I wash my face, put on my moisturizer. My moisturizer has tinted foundation in it, and I'm certainly not going to walk around LA with bruises on my face.

MS. BREDEHOFT: Okay. I think this is --

THE COURT: All right. Ladies and gentlemen, let's go ahead and take our lunch recess at this time. Again, do not do any outside research. Do not discuss the case with anybody, and we'll see you in an hour, okay? Thank you.

THE COURT: Court is still in session, so please be quiet in the gallery. Thank you.

[STAGE DIRECTION]: (Whereupon, the jury exited the courtroom and the following proceedings took place.)

THE COURT: All right. And again, Ms. Heard, since you're still under oath and testifying, you cannot discuss this case with anyone, to include with your attorneys, okay?

MS. HEARD: All right.

THE COURT: Let's come back, then, at 1 :40, okay? All right. Thank you. 1 :40.

COURT BAILIFF: All rise.

[STAGE DIRECTION]: (Recess taken from 12:38 p.m to 1:40 p.m.)

COURT BAILIFF: All rise.

COURT BAILIFF: Please be seated.

THE COURT: All right. Are we ready for the jury? Oh, have things, okay.

THE COURT: Yes, what do we have? Do you want to come, somebody?

[STAGE DIRECTION]: (Sidebar.)

MS. BREDEHOFT: That's all the audios from this morning.

THE COURT: Thank you.

MS. BREDEHOFT: And this is the redacted.

THE COURT: All right. Which? 773 redacted.

THE COURT: 773, 772, okay.

MS. BREDEHOFT: And, Your Honor, denying the -- that the metadata on the photos does not constitute hearsay.

THE COURT: It wasn't hearsay. Foundation was the main issue.

MS. BREDEHOFT: I didn't have the opportunity to ask her.

THE COURT: No. But the foundation, we're going to get through the expert, that's what we said. Okay? All right.

MR. ROTTENBORN: This is just an agreed order from the motion about the jurors' identities. It's not an agreed order, but it's an order signed.

MR. CHEW: And we agree, but haven't I seen the brief, we just object to some of the characterizations about Mr. Depp.

THE COURT: Well, I understand that.

MR. CHEW: But we agree to the ruling.

THE COURT: Do you have any objection to me telling them during jury instruction?

MR. CHEW: Not, not at all.

MR. ROTTENBORN: And that was specifically in our brief We think those should be done prior to deliberations.

THE COURT: I was just going to make it ! 16 part of my incorporating jury instructions.

MR. CHEW: We have no objection to the I release. It just took a couple of potshots.

THE COURT: That's fine. It's under seal. That's good. All right. Anything else?

THE COURT: Are we ready for the jury?

MS. BREDEHOFT: Yes, Your Honor.

THE COURT: All right. Thank you. Be seated.

[STAGE DIRECTION]: (Whereupon, the jury entered the courtroom and the following proceedings took place.)

THE COURT: All right. Your next question.

MS. BREDEHOFT: Your Honor, I would like to move the admission of Defendant's Exhibit 155.

THE COURT: Any objection?

MS. BREDEHOFT: That's the makeup pallet.

MS. VASQUEZ: No objection.

THE COURT: 155 in evidence. Do we have it there?

MS. BREDEHOFT: We have pictures.is

THE COURT: All right. 155 in I evidence. Okay. Yes, ma'am

MS. BREDEHOFT: Thank you, Your Honor. Michelle, can you bring up Depp Exhibit 357B, as in boy, plaintiff's exhibit, and it's a tape recording from June 2016. The time stamps are 4:47 to 7:52.

THE COURT: Is this in evidence yet?

MS. BREDEHOFT: I'm going to move it into admission?

THE COURT: Was that going to be for the whole 357 or is that 357A?

MS. BREDEHOFT: B. I have that as B as in boy.

THE COURT: B. Okay. 357B.

THE COURT: Any objection to 357B?

MS. VASQUEZ: No, Your Honor.

THE COURT: All right. 357B in evidence. Thank you.

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

MS. HEARD: I can tell the basic fact in private for days after I filed. You did not have to file. That's not a move that the other party has to make.

MR. DEPP: Okay. But --

MS. HEARD: It's not and you did.

MR. DEPP: Okay.

MS. HEARD: And then, within 5 minutes, it was part of TMZ. You do the math yourself without any other thing. It's very clear.

MR. DEPP: Okay.

MS. HEARD: I don't know if you knew that.

MR. DEPP: No, I didn't know that. If that's the case, I'll acknowledge it. You know, you say you have proof, then I'll acknowledge it. Look, it doesn't shock me. Any fucking --

MS. HEARD: It just makes sense.

MR. DEPP: The attorney would do something like that, you know, it doesn't shock me.

MR. DEPP: But I'm telling you now, if I file, if they file the fucking papers tomorrow, which means the shit I've got to file before we go to court on Friday, if they file those papers, it's -- first of all, it's very bad, both of us, okay?

MS. HEARD: Well, your attorney isn't PIANE going to file anything that's bad for you, trust me.

MR. DEPP: No, what you're saying, you've got to do something to protect yourself, which means throwing me under the bus for some video you made of me.

MS. HEARD: That's not me. I have to respond. Legally, I'll have to go and pursue the -- no, I have to pursue the whole court action because here we go, if we do this -- well, basically, we'll know because I called my lawyers and I said, why aren't we negotiating? What is going on? Where are we? They're like, everything's in the court.

MR. DEPP: No, they won't send -- your agent -- your lawyers won't settle, baby.

MS. HEARD: No, we have to meet you. We even found mediators and everything. But that was all worked out. The thing that lawyer didn't agree to was she did not want to agree to mutual gag order, and that's the problem because she doesn't want the gag order. Why, Johnny? Why? Why wouldn't she? Why didn't she want both parties to not talk about this in the press? I'm just talking about press, not even talking about court.

MR. DEPP: Okay. I'll tell you what, Amber, let me get on that right now. I'll fucking get on it right now, and I'll get a message back to you somehow. You know, but I'll get on it ,9 right now. Listen --

MS. HEARD: I just want -- I just want you to know I've not done anything and did not do any move. Look it up. Nothing in the office. Everything has been moved because I'm being called a liar and a gold digger, and I'm not lying about any of this shit, and I am not after a dime of your money. And --

[STAGE DIRECTION]: (Whereupon, the audio recording ended.)

MS. BREDEHOFT: BY MS. BREDEHOFT:

MS. BREDEHOFT: Do you remember when you had this discussion with Mr. Depp?

MS. HEARD: Yes.

MS. BREDEHOFT: When was that?

MS. HEARD: I believe that was June of 2016. So after the divorce, what we saw, the restraining order.

MS. BREDEHOFT: And what, if anything, was going on with respect to a gag order at that point?

MS. VASQUEZ: Objection. Calls for speculation.

MS. BREDEHOFT: I'm asking her. I haven't --

THE COURT: All right. Overruled.

THE COURT: Go ahead.

MS. HEARD: I was trying to get Johnny to stop the smear campaign that he had launched

MS. VASQUEZ: Objection. Your Honor. Hearsay. Lack of foundation.

MS. BREDEHOFT: What, if any, discussion did you have with him about a smear campaign?

MS. HEARD: Johnny told me that he would ruin me. That no one would ever touch me, meaning professionally, no one would ever work with me again. That I'd never work again. That I'd be selling Depends, is what he said. And that he'd

MS. HEARD: Ruin my career.

MS. HEARD: And he refused to not engage with - up until that point, he refused to not engage with the press by leaking -

MS. VASQUEZ: Objection. Your Honor. Calls for speculation.

MS. BREDEHOFT: How is that speculation?

THE COURT: This is what he is telling her, correct?

MS. BREDEHOFT: Correct.

THE COURT: All right. I'll overrule the objection.

MS. HEARD: And up until that point, I was trying to, you know, get him to call the dogs off. Call it off because it was - it was forcing me to a position where - he was calling me a liar and he was forcing me to prove it. And I knew that wasn't going to be good for him, and I kept saying, don't make me. Don't make me prove it. I don't want to.

MS. HEARD: But he was calling me a liar and having I a really sophisticated, very, very well paid, very sophisticated PR machine -- !

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

THE COURT: I'll sustain that objection.

MS. BREDEHOFT: I'll move on. Let's go to Depp Exhibit 357C. That's ' 12:30 to 16:30. Move the admission.

THE COURT: Any objection?

MS. VASQUEZ: No objection, Your Honor.

THE COURT: All right. 357C in

MS. BREDEHOFT: Michelle, if you can evidence. play.

MS. HEARD: I'm not -- it's not about that. It would not be about me throwing you under the bus. Do you know what it would be? It would be released through documented people coming on the record and having the protection to do so, that I haven't had yet. It would be eyewitness statements. It would be evidence, evidence, hard evidence, and it would be through years. And it would be unbelievable, unbelievable to imagine that either I'm in, A, a secret fight club, or, B, I've had --

[STAGE DIRECTION]: (Whereupon, the following audio recording was played.)

MR. DEPP: A secret what?

MS. HEARD: A secret fight club. Or that I've been plotting to do this for po three years, while taking pictures of it and documenting it, just saving it up for the right time, when I'm not asking for any money and have nothing financial gain from it. No one is going to believe that. No one is going to believe that is one of the two alternatives. A, that I'm in a fight club, or I've been getting -- going through hair and makeup, or going through makeup through all these years, where I have corroborating text messages between people that match those dates of those time-stamped, validated photos of -- of either corroboration between people hearing us or corroboration of next day, you know, Whitney sending text messages, having you responding. Or, you know, the kind of thing like between me and people in your life. It is insanely cross-corroborated, then, if it is a plan I'm going to put makeup on myself and take pictures throughout the years and just sit on it for years. That -- while having this, like, imaginary life run parallel.

MS. HEARD: Do you understand that the pictures I have not -- the text messages to my mom back and forth about it, you know, and text messages between Fay Ratal (phonetic) and my mom, Fay Ratal and my dad. Or, you know, between my two friends, or even text messages where I tell Jody, the night before I had that James Carden night show thing, where I say, "Hey, Jody, I've had an accident. I think I may have -- I have a busted lip, I may have a busted nose, and two black eyes tomorrow because I don't" -- all that will be (indiscernible) apparent. I don't know how -- I'm faking it.

MS. HEARD: You know, and things like that. It doesn't matter. There's nothing that -- nothing. And I'm -- all of that will be -- won't be throwing you under the bus; that will be evidence.

MS. HEARD: Hey, it will be criminal, as well, because I cannot go on Friday and file without filing a protective order. And the only way I haven't, these people, which you use against me, by the way, every day. The only reason I won't do it, I haven't done it, is because I don't want to hurt you. And that means it goes out of my hands O and every, you know, third-party guy -- third-party prosecutor comes and a criminal lawyer come and they were -- but the problem is from you, like your biggest struggle is that this is just -- it touches -- it's the most solid evidence of domestic violence I've ever seen.

MS. HEARD: And if you get this over, then it will won't be any part of it. They will prosecute him. And I felt like I was -- I'm not -- like I would never agree. And it hurts me to even -- I don't call my phone, but throwing it at my head and you (indiscernible) some sort of victim and (indiscernible).

MS. HEARD: PLANE

MS. BREDEHOFT: Can you please explain what the context of this was?

MS. HEARD: I was begging Johnny to not make me prove what I've had to sit on the stand, in front of all of you, and prove, and talk about I was begging not to do this. Not to sit where I'm sitting today. I didn't want this. I don't want to be here. I didn't want to be there then. And I was trying to point out something to somebody who I thought did not have a firm grasp on reality.

MS. VASQUEZ: Objection. Calls for , speculation.

THE COURT: Overruled.

MS. BREDEHOFT: Thank you.

MS. HEARD: I was trying to point out hope served, hope served. It would be for him to keep making me prove this by calling me a liar. I was trying to get him to not call me a liar because everything that I had said to date and everything I've said to date now is the truth. And I was begging him not to make me prove it; that there were photos; that there were witnesses; that there was my testimony; there was years of me with injuries on the dates where we were fighting and they were documented. I mean, pictures from 2012. So I was trying to say to him either you suppose that people would rather believe this is a hoax? Elaborate, well-orchestrated, year-long campaign. For what? Or that -- what? It just seemed crazy. And I thought no one was advising him in his best interest. That no one was telling him the truth.

MS. HEARD: I don't want to throw anybody under, but I thought no one was saying to Johnny this is crazy. Don't do this. And I didn't want to hurt him. I didn't want to hurt him. I loved him. I loved him so much. That's why I'm explaining to him why I didn't file criminal charges. I didn't file a police report, even though it was being used against me. I didn't want this to go to a prosecutor. I didn't want this to hurt Johnny. I don't want this to hurt Johnny.

MS. BREDEHOFT: Michelle, can you bring up Depp Exhibit 357D, as in David. That is 17:25 to 17:37.

MS. BREDEHOFT: I'm going to move the admission, Your Honor.

THE COURT: Okay. Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right. In evidence, 357D.

MS. HEARD: I've been called a liar.

[STAGE DIRECTION]: (Whereupon, the following audio recording was played.)

MR. DEPP: Baby, baby.

MS. HEARD: I've been called a gold digger.

MR. DEPP: Baby, baby, baby. Amber, I didn't call you those things. I didn't call you those things.

[STAGE DIRECTION]: (Whereupon, the audio recording ended.)

MS. BREDEHOFT: I'm going to go on, now, to -- can we go to Plaintiffs Exhibit 357E, and this is 21:47 to 22:37. I'm going to move the admission, Your Honor.

THE COURT: Any objection?

MS. VASQUEZ: No objection.

THE COURT: 357E. Thank you.

[STAGE DIRECTION]: (Whereupon, the following audio recording was played.)

MS. HEARD: You're bigger and you're stronger. And so when I say that I thought you could kill me, that doesn't mean you tell her. You also -- that you cut off your own finger. I am not trying to attack you here. I'm just trying to point out the fact of why I said, "Call 911." Because I was -- you had your hands on me, and you threw a phone in my face. And it's gotten crazy in the past, and I truly thought, I need to stop this madness before I get hurt.

MR. DEPP: Oh, my god.

MS. HEARD: And I never think about myself that way. I never defend myself that way. I never see myself as the victim

MR. DEPP: All right.

MS. HEARD: It's your fault, you know.

MR. DEPP: All right. Yeah.

MS. HEARD: When they came, I did not cooperate with them. It has been used against me, not by the media, by your side.

MS. BREDEHOFT: And what are you referring to there?

MS. HEARD: That I don't want to call myself a victim I don't like to think of myself as a victim, and I don't want him to think I'm attacking him or blaming him I pointed out I didn't cooperate with the police. That I didn't want to get him in trouble. That I didn't want to hurt him I don't want anything from him. Just don't call me a liar. That's all I said, just don't call me a liar. Just don't say this isn't real because I'm walking proof of it.

MS. BREDEHOFT: I'm going to ask to bring up Plaintiff's Exhibit, Depp Exhibit 357F, as in Frank. 24:04 to 24:48.

MS. BREDEHOFT: And move the admission.

THE COURT: All right. Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right. 357F.

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

MS. HEARD: I have said only this from the very beginning: I only have my integrity. And the unfortunate thing is --

MR. DEPP: And what about mine?

MS. HEARD: Taking it a step further --

MR. DEPP: What about mine?

MS. HEARD: They keep -- they keep -- that's what they keep -- I'm trying to say to you, I literally, in words out of my mouth, this is what I'm trying to say to you. Every step of the way I have said to them, the thing is they're hurting Johnny by this because every time that they call me a liar or they say this is not true or see, this is his text message, did not actually happen. Or your security guard, you slapped me with the phone and your security saying they never saw this happening. The same security who, by the way, have said to me multiple times, that I'm going to get killed.

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: And what are you talking about there, Amber?

MS. HEARD: That even though Johnny told me that his guards would say whatever he needed them to say, that they were the same guards who had told me that I would lose my life this way.

MS. VASQUEZ: Objection, Your Honor. Hearsay.

THE COURT: All right. Objection.

MS. BREDEHOFT: It came in through the tape, so that's all right. That's fine.

MS. VASQUEZ: Your Honor.

THE COURT: If we could approach, please.

MS. BREDEHOFT: I'm sorry.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: You cannot keep commenting on the evidence.

MS. BREDEHOFT: I'm sorry.

THE COURT: Please do not do that again. It comes in when it comes in. Do not talk to the jury about that.

THE COURT: Okay?

MS. VASQUEZ: Thank you, Your Honor.

[STAGE DIRECTION]: (Open court.)

MS. BREDEHOFT: Michelle, can you bring up Depp Exhibit 357G. Plaintiffs 357G. And it's 26:00 to 26:28.

MS. BREDEHOFT: Move the admission. I'm sorry.

THE COURT: Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right.

[STAGE DIRECTION]: (Whereupon, the following audio was played.)

MS. HEARD: Oh, obviously, they're going to have to say they didn't see it in front of me and other people that have heard them

MR. DEPP: You're going to have to do this under oath, too, you know.

MS. HEARD: I will. Because I -- the unfortunate part is I can talk about all of this --

MR. DEPP: Do you believe all of this, Amber?

MS. HEARD: All this stuff.

MR. DEPP: Do you believe all of this?

MS. HEARD: I'm called -- yeah, the fuck-- yes, yes.

MR. DEPP: You believe I'm an abuser?

MS. HEARD: Yes.

MR. DEPP: You believe I'm an abuser?

MS. HEARD: What happened to me in May and December and in April.

MS. BREDEHOFT: What were you referring to with the May, December, and April?

MS. HEARD: Just listing some of the times in which he beat me up and that he knew about.

MS. BREDEHOFT: Okay. So I'm going to take you, now, fast-forward into the July 2016 timeframe. There was a mediation that came about during that time.

MS. BREDEHOFT: What, if any, intent did you have to I reconcile with Mr. Depp at the time of the mediation?

MS. HEARD: I wanted there to be no animosity. I wanted to minimize animosity. I wanted to reconcile in that way. I didn't want to get back together with him If that makes sense.

MS. BREDEHOFT: Okay. Can you just briefly describe Is what transpired during the July mediation?

MS. HEARD: I - even though I had a TRO and I wanted to move on with my life, the campaign I mentioned earlier, the smear campaign, the article after article, the hounding me, the, you know, leaking fake -

MS. VASQUEZ: Objection, Your Honor. Nonresponsive.

THE COURT: All right. Sustain the objection.

MS. BREDEHOFT: Okay. Please explain.

MS. HEARD: What I was meeting with him about is because he had, you know, put these things out in the media. It seemed like -

MS. VASQUEZ: Objection, Your Honor. Calls for speculation. Lack of foundation.

THE COURT: All right.

MS. BREDEHOFT: Did Mr. Depp discuss with you that he was putting these out in the media?

MS. VASQUEZ: Objection. Leading.

THE COURT: Overruled. I'll allow it.

MS. HEARD: Yes.

MS. BREDEHOFT: Okay. Please explain.

MS. HEARD: He told me he would tell his team to back off and to -- yeah, to back off, effectively, if I agreed to do certain things. One of which, you know, there was -- he wanted me to, like, drop charges or some version of that. He wanted me to get back together with him and go on tour with him in the tour bus. He wanted me to do certain things that I thought were impossible and that would definitely go against all of, you know, everything that I stood for and had earned in getting my TRO, getting my restraining order and moving on.

MS. HEARD: But I had to break the TRO in order to beg him to stop the machine, the press machine, because I was feeling like I couldn't live my life. I was being dropped from opportunity -- commercial opportunities. People were turning on me, campaign had dropped me. I had never been inundated with that much press. Every single day, me and my family were -- and every witness, anyone who even indirectly supported me got bombarded.

MS. VASQUEZ: Objection. Calls for speculation. Lack of foundation.

THE COURT: Sustain just the last part of that. All right?

THE COURT: Next question.

MS. BREDEHOFT: We heard Christian Carino testify earlier. Can you describe to the jury what your relationship was with Christian Carino.

MS. HEARD: He was my commercial agent, meaning he handled things like campaigns for a short amount of time, and then became Johnny's agent around the friend, at the time, between Johnny and I, and so he helped us kind of negotiate or mediate a time time of the divorce. He was a kind of mutual where we could meet. And my goal in that was just I to beg Johnny to stop doing this.

MS. VASQUEZ: Objection. nonresponsive.

THE COURT: Overruled. That's all right.

MS. BREDEHOFT: What, if any, desire did you have to I return to Mr. Depp after the divorce?

MS. HEARD: None.

MS. BREDEHOFT: Now, you heard Mr. White testify that he engaged in negotiations with you during the p settlement process of the divorce. What, if any, discussions did you have with Mr. White?

MS. HEARD: None. The first time I saw him was on the testimony screen in the U.K, during the U.K trial. I've never spoken to him.

MS. BREDEHOFT: So he didn't negotiate your settlement?

MS. HEARD: No, he did not.

MS. BREDEHOFT: What was important to you in the divorce negotiations?

MS. HEARD: The statement. That was it. The statement. I wanted a mutual statement, and I wanted him to call the -you know, get the press out of this. Just make a statement, and in that statement, clear my name. I wanted to clear my name. That's all I have. I said this to him too, and he knew this. All I have was my name. I come from nothing. All I have is my integrity. All I have is my name. And that's actually what he promised to take from me.

MS. BREDEHOFT: Why did you agree to accept $7 million as your settlement?

MS. HEARD: I didn't care about the money. I was told if I didn't agree to a number, that it could be overturned. That this would never actually- it would never get completed, would never settle -

MS. VASQUEZ: Objection. Hearsay.

MS. HEARD: It would be overturned.

THE COURT: Sustained.

MS. HEARD: That if I didn't agree to a number, it would be overturned, so I took far less than what

MS. BREDEHOFT: What was your understanding? they were offering and what I was entitled to.

MS. BREDEHOFT: And why did you donate it to charity?

MS. HEARD: I promised the entirety of it to charity because I was never interested in Johnny's money. And in the divorce, I just wanted my safety. I wanted to move on with my life. I wanted my future. And then he started compromising that, calling me a liar, making it impossible for me to move on by doing so. So I just wanted the truth. I wanted him to clear my name and to leave me alone. I've been saying that since 2016.

MS. BREDEHOFT: So why did you donate 3.5 to Children's Hospital and 3.5 to ACLU?

MS. HEARD: Well, I pledged the first half, or 3.5, to Children's Hospital because I'd been working there, as an volunteer, for well over a decade. I knew the facility well, I worked there with another nonprofit; that's how I got affiliated with them I knew they could use the resources. I was familiar with it.

MS. BREDEHOFT: Why the ACLU?

MS. HEARD: ACLU because I was a supporter. Because I believed in the work they were doing. I believed that they were doing good work for people who deserved it.

MS. BREDEHOFT: Why did you make the donations over a period of time as opposed to just a lump sum?

MS. HEARD: Well, two reasons. The short of it is because I was receiving the settlement in installments. I was receiving the installments over time.

MS. HEARD: Second of all, so I could get the tax benefit of paying over time. It's my understanding that's how you pay these, like, large sums, you pay over time.

MS. BREDEHOFT: Did you make any payments towards these donations?

MS. HEARD: I did.

MS. BREDEHOFT: Okay. Approximately, how much?

MS. HEARD: I allowed for the first installment, which was a hundred thousand, to each. That came straight from Johnny in 2016. I followed up with 350,000 that year, 2016. 2018, I did another -- oh, I -- and I also donated 250,000 to Art of Elysium, which is the affiliate I was just speaking about, that does the work at the Children's Hospital. It was not going to count towards my overall pledge, but I did that too.

MS. HEARD: Did another donation to each in 2018, and then Johnny sued me, 2019.

MS. BREDEHOFT: Before we get to that, did anyone make donations to the Children's Hospital or ACLU on your behalf during that time period?

MS. HEARD: Yes, Elon also - Elon, who was my boyfriend at the time, had his own charitable contributions that he had - that he made. He made $500,000 to both in my honor, in my name, in 2017, I believe.

MS. BREDEHOFT: And have you completely fulfilled your donations to the ACLU and the Children's Hospital?

MS. HEARD: I have not yet.

MS. BREDEHOFT: And why not?

MS. HEARD: Because Johnny sued me for $50 million in March of 2019, and I have spent over $6 million -

MS. VASQUEZ: Objection, Your Honor. This is a Motion in Limine.

MS. BREDEHOFT: That part was supposed to come in.

THE COURT: Why don't you come forward. is Let's take a look

[STAGE DIRECTION]: (Sidebar.)

MS. BREDEHOFT: That particular part was supposed to come in and nothing else. That was the ruling.

MS. VASQUEZ: We moved it. It's filed from me.

THE COURT: I don't have it with me. Sorry, we had the investiture here. Okay.

MS. BREDEHOFT: Your Honor, it's on page 9.

THE COURT: Okay. You've got the ,20 order. Good.

THE COURT: Page 9. Now, the order.

MS. VASQUEZ: Page 9.

MS. BREDEHOFT: This is it. There's two different orders.

THE COURT: The is the one I signed, right?

MS. BREDEHOFT: Right. This is signed by you on April 10th.

THE COURT: All right. On page 9.

MS. BREDEHOFT: Yeah. It says, "If Ms. Heard opens the door as to who's paying her attorney's fees, Mr. Depp must first seek permission from the Court outside of the jury for raising the issue on this. And Mr. Musk may be asked about his payment, if any, of attorneys' fees.

MS. BREDEHOFT: And the Court may give appropriate instructions. What we said specifically at the hearing is what we were going to say and she spent 6 million in attorneys' fees.

THE COURT: We're not going to be able to --

MS. BREDEHOFT: I can't hear you.

THE COURT: I'm sorry.

MS. BREDEHOFT: What we said at the hearing is we were going to say that she spent 6 million on attorneys' fees. And this is the rest -- all the rest of this is not allowed and --

THE COURT: If you're going say 6 million, then everything is allowed.

MS. BREDEHOFT: Well, it -- O

THE COURT: You've got to go by the hearing. That's not in the order.

MS. BREDEHOFT: Right? But I think, then, it says they open up the door, so they can ask her who's paying.

MS. VASQUEZ: We haven't even cross-examined her, Your Honor.

THE COURT: They haven't opened the door.

MS. BREDEHOFT: But my understanding was that we -- no, no, no. The question is whether we open the door on the attorney's fees and then they can ask certain questions. b There's all kinds of tiers in here, Is Your Honor. There's the insurance company, there's reference to the attorneys, et cetera. There's all these other things, but we specifically said we would be asking her that. I'll get the hearing transcript.

MS. VASQUEZ: I did not hear that question.

THE COURT: And now they can ask her. They don't have to approach me now. They can ask her about it; that's fine. They can ask who's paying?

THE COURT: Who's paying, insurance, ! everything.

MS. VASQUEZ: Insurance and Elon Musk.

THE COURT: I mean, if you ask the question, that opens the door for them to ask her who's paying for all her attorneys' fees.

THE COURT: Okay?

MS. BREDEHOFT: Thank you, Your Honor.

MS. VASQUEZ: Thank you, Your Honor.

THE COURT: Okay.

[STAGE DIRECTION]: (Open court.)

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: So going back to that, then, could you afford to continue making payments to the ACLU and Children's Hospital?

MS. BREDEHOFT: Okay. What, if any, intention did you I have to fulfill your pledges and donations to these organizations?

MS. HEARD: I still fully intend to honor all of my pledges. I would love for him to stop suing me so 1141 can.

MS. BREDEHOFT: What, if any, deadlines are there on I your pledges and donations to the ACLU or Children's Hospital?

MS. HEARD: There are none. They understand.

MS. BREDEHOFT: Now, let's go to the Defendant's exhibit 1458, which is already ! admitted.

MS. BREDEHOFT: Now, I'm going to just direct your attention to paragraph 27, where it says "Neither party has made false accusations for financial gain. There was never any intent of physical or emotional harm. Amber wishes the best for Johnny in the future."

MS. BREDEHOFT: What, if any, significance did that have to you?

MS. HEARD: That was everything to me. That was what- that was the most important thing in the separation agreement between us, is that he acknowledged that I haven't made a single false claim. That my allegations were not false. I thought that just because he signed his name to it, he'd honor it. I mean, he signed his name to it, and I thought it would mean something. He acknowledges that I never did it - I mean, I never made a false claim, and I didn't do it for financial gain, and that's what I was being called at the time, a gold digger and a liar.

MS. BREDEHOFT: Okay. Thank you.

MS. BREDEHOFT: We can take this down, Michelle.

MS. BREDEHOFT: I'm going to, now, take you to post-divorce and your career.

MS. BREDEHOFT: Please describe for the jury how your career evolved after the divorce, which I think was final in February 2017.

MS. HEARD: I had to fight really hard to keep my career. I, you know, after I got my TRO, I lost opportunities. I got canceled from jobs. I got dropped from a campaign I had shot. I was told that I was going to be dropped from --

MS. VASQUEZ: Objection. Your Honor. Hearsay.

THE COURT: All right. Sustain the objection.

MS. HEARD: I fought to keep my job in the movie opportunity -- the biggest movie opportunity I had to date.

MS. BREDEHOFT: Which was what?

MS. HEARD: It was Justice League, with the option to become Aquaman. It later became Aquaman, but I had to fight really hard to stay even in Justice League because that was right around the time of the divorce.

MS. BREDEHOFT: Can you tell the jury what Justice League was and what your role was in that. ,5

MS. HEARD: It's a superhero franchise, DC action film, and it introduced my character and it provided the base for the Aquaman spinoff that followed it. But that was not a reality at the time of shooting Justice League.

MS. BREDEHOFT: All right. And then you were able to I be in Aquaman; is that correct?

MS. HEARD: Yes. I kind of showed up to work once, early, and stayed really late to fight to keep the I job. I managed to keep it. And managed slowly to kind of - to gain through this kind of hard work I and goodwill, I was able to foster, I was able to keep and make other jobs, and eventually made a movie called Aquaman. And Aquaman was very successful. I think it was the most successful DC film by its release, and we - you know, I was getting my career back, even though it was, you know, it took a major hit when I got my restraining order against Johnny.

MS. BREDEHOFT: So let's talk about Aquaman for a moment. I think you said it was the highest grossing film of DC Films; is that correct?

MS. HEARD: Yes.

MS. BREDEHOFT: When did that come out?

MS. HEARD: December of 2018.

MS. BREDEHOFT: Okay. And what was your role in Aquaman?

MS. HEARD: I played Mera.

MS. BREDEHOFT: Was that a lead role? 112.

MS. HEARD: Yes, it is one of the leading roles. I It's the female lead, opposite Jason Momoa 's character of Aquaman.is

MS. BREDEHOFT: So you were his mate?

MS. HEARD: You could say that, yes. I was his love interest, the female - I was the female lead of the movie.

MS. BREDEHOFT: Okay. So in December of 2018, as Aquaman's coming out, why did you agree to participate in the op-ed?

MS. HEARD: Well, because I believed in some of the causes that the op-ed was seeking to advance. There were -- there was a lot of attention and energy around gender-based issues, gender-based violence issues, in general. I had just recently become an ambassador for the ACLU. I was proud of that ambassadorship, and I was looking forward to the opportunity to lend my voice to what I thought was a great cause, which is just a conversation around women's issues and gendered issues that I think the whole country was having at that time, you know, quite a political conversation and culture conversation at the time.

MS. HEARD: I was happy to lend my voice if I could.

MS. BREDEHOFT: Who drafted the first draft of the op-ed?

MS. HEARD: The ACLU.

MS. BREDEHOFT: Did you initially want to include Mr. Depp by name or reference?

MS. BREDEHOFT: What were you trying to accomplish by the op-ed?

MS. HEARD: I was trying to raise awareness around some of the issues I just mentioned, that there was some legislative reform, Title IX being one of them, and there was just a greater cultural conversation being had around gender issues, and I was happy to weigh in on what I saw as a, you know, unique phenomenon that women -- typically women experience in our culture when they come forward against somebody more powerful, when they speak up about gender-based violence. And I thought I could lend my voice to that conversation. I had something to say about that.

MS. BREDEHOFT: Were you trying to boost your sales for Aquaman, since it was coming out in that same time frame?

MS. HEARD: It doesn't work like that. I don't think any op-ed -- I mean, a major motion picture, a major franchise like that is not baited by the publication of an op-ed in the Washington Post. I'll put it that way. But the other way around can be said. You know, I was wanting to lend my name, at that specific time, to potentially advance the causes within the op-ed.

MS. BREDEHOFT: Because of your success as Mera with Aquaman?

MS. HEARD: Yeah, just the publicity of the movie, the success of the movie would hopefully, best-case scenario, only add and lend itself to -- would lend attention to the issues that the op-ed aimed to address.

MS. BREDEHOFT: What did you do once the ACLU had your agreement to be the spokesperson for the op-ed, to put your name to it? In

MS. HEARD: I sought the advice of my attorney.

MS. BREDEHOFT: And why did you do that?

MS. HEARD: Because I-- you know, I didn't want to get into any sort of legal issue. I didn't want to have any sort of legal problems for talking about what happens to women when -- or people when they come forward and speak about these sorts of issues, especially when they come forward against someone more powerful than them. And that backlash, the retaliation that people face when they come forward is exactly what I was writing about, and I didn't want Johnny to retaliate against me and quite literally prove my point.

MS. BREDEHOFT: And so, who was the counsel that you hired to review the op-ed?

MS. HEARD: His name was Eric George.

MS. BREDEHOFT: Where's he located?

MS. HEARD: Los Angeles, California.

MS. BREDEHOFT: How did you know Eric George?

MS. HEARD: Eric George is the attorney who represented me in a different litigation against those - the producers of London Fields, the movie I mentioned earlier about having a body double in a sex scene that I didn't approve of.

MS. BREDEHOFT: What was your understanding of Eric George's experience and skills to be able to review that op-ed for you in the context of your concerns?

MS. VASQUEZ: Objection. Speculation.

MS. BREDEHOFT: I'm asking her understanding.

THE COURT: I'll sustain the objection.

THE COURT: Next question.

MS. BREDEHOFT: Did you have knowledge of Eric George's abilities at that time?

MS. HEARD: I did. I thought he had an excellent reputation and would give me great advice.

MS. BREDEHOFT: And what, if any, experience -- what was your experience with him in representing you earlier?

MS. HEARD: I thought he was a fantastic attorney, very smart, and I trusted him.

MS. BREDEHOFT: Without going into the content of it, what, if any, of Eric George's advice did you follow in the context of the op-ed?

MS. HEARD: I took all of his advice. I made all the edits he suggested. I took all his advice.

MS. BREDEHOFT: And what, if any, of Eric George's advice did you ignore?

MS. HEARD: None. I mean, he's my lawyer. I listened to him.

MS. BREDEHOFT: Okay. I'm going to ask you --

MS. BREDEHOFT: If we could pull up, Michelle, Plaintiffs exhibit 1.

MS. BREDEHOFT: Now, this is the online version of the op-ed, and it has this title Amber Heard: I spoke up against sexual violence and faced our culture's wrath. That has to change.

MS. BREDEHOFT: What role, if any, did you play in this title?

MS. HEARD: None.

MS. BREDEHOFT: What, if any, role, to your knowledge, did the ACLU play in this title?

MS. HEARD: None, to my knowledge.

MS. BREDEHOFT: Okay. Are these exact words anywhere in the article?

MS. HEARD: No, they're not.

MS. BREDEHOFT: When did you first become aware of this title being included in the online version of the op-ed?

MS. HEARD: I think in this litigation, is the first time I realized that.

MS. BREDEHOFT: Okay. I'm going to, now, ask --

MS. BREDEHOFT: Michelle, can you bring up Plaintiffs exhibit 2.

MS. BREDEHOFT: This has also already been admitted y 1 1 into evidence, Your Honor.

THE COURT: Yes, ma'am

MS. BREDEHOFT: And this is the paper version, if you will, of The Washington Post with your editorial. And if you go to the second page, this one has a title "A Transformative Moment for Women."

MS. BREDEHOFT: What, if any, role did you play in that title?

MS. HEARD: I didn't.

MS. BREDEHOFT: Okay. Now, do you recall seeing this version, the newspaper version, at the time?

MS. HEARD: Yes. This is the version I saw. I'm very proud of it. I had it framed.

MS. BREDEHOFT: You had the newspaper version, not the online?

MS. HEARD: I did. I had the newspaper framed.

MS. BREDEHOFT: Okay. And now, I'm going to ask you to turn to --

MS. BREDEHOFT: Michelle, can we pull us Plaintiffs exhibit Number 3.

MS. BREDEHOFT: And do you recognize this document?

MS. HEARD: Yes.

MS. BREDEHOFT: Your Honor. I'm going to move to admit Plaintiffs exhibit Number 3 into evidence.

THE COURT: Any objection?

MS. VASQUEZ: No objection.

THE COURT: All right. Exhibit 3 into evidence. You can publish.

MS. BREDEHOFT: If we can publish it to the jury. Thank you.

MS. BREDEHOFT: Now, is it fair to say this is a tweet?

MS. HEARD: Yes, it is.

MS. BREDEHOFT: And can you explain to the jury what a tweet is, for those who are not as social media oriented?

MS. HEARD: Tweet is a posting on a social media network called Twitter.

MS. BREDEHOFT: Did you send this tweet?

MS. HEARD: I think so. I must have.

MS. BREDEHOFT: Okay. And what, if any, control did . you have over whether the title given to the op-ed online was included in the tweet?

MS. HEARD: You don't have control when you're re-tweeting something. I mean, it's my experience that you don't control a title when you're re-tweeting something. You don't get a chance to re-editorialize someone else's title.

MS. BREDEHOFT: And at the time you sent this tweet, do you remember even noticing that title?

MS. HEARD: I do not I don't think I even realized it.

MS. BREDEHOFT: Have you ever typed the words from that title?

MS. HEARD: No, I have not

MS. BREDEHOFT: Okay. Now, I'm going to ask you, let's go back to Number 2, Plaintiffs 2, and I'm going to go -- I'm going to ask you what, if anything, in this op-ed was incorrect?

MS. HEARD: Nothing. Every word of it is true.

MS. BREDEHOFT: And I'm going to direct your attention specifically --

MS. BREDEHOFT: And if we can load this up just a touch. And move up just a touch, Michelle, if you can, so we get to "then two years ago."

MS. BREDEHOFT: "Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who speak out."

MS. BREDEHOFT: Was this true or false?

MS. HEARD: True.

MS. BREDEHOFT: What, if anything, did you do about speaking up about domestic abuse two years earlier?

MS. HEARD: Well, I went and got a restraining order against my then husband and walked out to a sea of media and endured, to that point, two years of vitriol from the media and from Johnny Depp supporters in retaliation for having done so.

MS. BREDEHOFT: I guess you really answered my next question, which is, "I felt the full force of our culture's wrath for women who speak out."

MS. BREDEHOFT: Is that what you were referring to for that next?

MS. HEARD: Yes, because, at the time, I thought it couldn't be worse. I obviously, now, from where I sit today, know that it got a lot, a lot worse.

MS. BREDEHOFT: And then, Michelle, if we can move this up a little bit further. Actually, that's perfect, Michelle, then I don't have to use my purple again.

MS. BREDEHOFT: Then you said, "I had the rare vantage is point of seeing, in real time, how institutions . protect men accused of abuse."

MS. BREDEHOFT: Is this true or false?

MS. HEARD: True.

MS. BREDEHOFT: And explain to me what you meant by I that and how that was true for you. i 114

MS. HEARD: I got a restraining order. I had to prove to a judge that I needed one. I had a bruise on my face. I got a restraining order. I showed pictures. I had proof and, yet, everyone - the media, the studios that, you know, both Johnny and I worked for, they were ready to support him. They made statements in support of him. They were ready to fire me, attempted to fire me.

MS. VASQUEZ: Objection, Your Honor. Hearsay.

THE COURT: All right. I'll sustain the objection.

MS. BREDEHOFT: What, if anything, did you witness with respect to institutions?

MS. HEARD: Meaning the people that we work for, the institutions, we worked for the studios. We worked for decisions-makers in my industry. Filmmakers and powerful people and decision-makers within my industry, whom I had not ever even met, who didn't know anything about what happened behind closed doors in the marriage of Johnny and I. Making comments about me, statements about me. I was dropped from campaigns. It was hard for me to work. I was harassed. I'm harassed on a daily basis, death threats. And just the fact that that wasn't -- there was no parity.

MS. HEARD: You know, the studio and these decision-makers and such were so ready to support him and eager to --

MS. VASQUEZ: Objection, Your Honor. Hearsay.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: All right.

MS. BREDEHOFT: So what, if any, ill will or bad intentions did you have or intend against Mr. Depp by assisting in writing, giving your name to this op-ed and then publishing it?

MS. HEARD: None. It's not about Johnny. The only one who thought it was about Johnny is Johnny. It's about me. It's about what happened to me after Johnny. It's about what happened to me after I escaped my marriage. It was about me and my life and what I endured once I moved on and got a TRO and moved on with my life. It was about what happened to me after. The only one that made it about him, ironically, is Johnny.

MS. BREDEHOFT: I'm going to -- we can take that down, Michelle.

MS. BREDEHOFT: I'm going to tum to something about electronics and transparency. You have testified about, and we've seen photographs and audio recordings and text messages, emails, et cetera. What, if anything, have you done to cooperate in the authentication of all of these things?

MS. VASQUEZ: Objection, Your Honor. May we approach?

THE COURT: Sure.

[STAGE DIRECTION]: (Sidebar.)

MS. BREDEHOFT: I thought you were objecting because I couldn't say authentication?

MS. VASQUEZ: I don't know where --

THE COURT: What's the relevance of this at this time?

MS. BREDEHOFT: Just to show that she had the devices.

THE COURT: I'll sustain the objection. It's just a relevance at this time. It might come up later.

[STAGE DIRECTION]: (Open court.)

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: All right. I'm going to turn to your counterclaim You have made a counterclaim against Mr. Depp in this case, correct?

MS. HEARD: That's correct.

MS. BREDEHOFT: And it's based on three statements that Mr. Adam Waldman, Mr. Depp's attorney, made, correct?

MS. HEARD: Yes.

MS. BREDEHOFT: I'm going to ask --

MS. BREDEHOFT: If you can pull up Defendant's Exhibit 245.

MS. BREDEHOFT: But, Your Honor, I'm going to ask --

THE COURT: It's already in evidence.

MS. BREDEHOFT: Your Honor, if I may approach. If we may approach just real quick, because I think we can move this along faster if we do this ahead of time.

THE COURT: Okay.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: Okay. 245. It's in evidence as redacted.

MS. BREDEHOFT: Yes, but the one that's I in evidence doesn't have the full redactions. It has a title still in there, and, quickly, what I'm suggesting is replacing it.

THE COURT: Okay.

MS. BREDEHOFT: And it's so that it has, because it had a title in it. And this has the full redactions. I have a copy of it.

THE COURT: So what's the difference between this one and the one we have in evidence.

MS. BREDEHOFT: So the one that's in evidence is not redacted on the title.

THE COURT: Well, I mean, I can make this A What's in evidence is in evidence. It I doesn't change. But if you want 1246A.

MS. BREDEHOFT: Then I'll just, to move it along --

THE COURT: You don't have any objection?

THE COURT: So 1246A.

MS. BREDEHOFT: 1246. 1245.

THE COURT: Is 1245 already in evidence?

MS. BREDEHOFT: This is the redacted.

THE COURT: Okay. So 1246.

MS. BREDEHOFT: This is 1245.

THE COURT: This is 1246. They're both

MS. VASQUEZ: And I have 1247.

MS. VASQUEZ: I have two 1247s.

MS. BREDEHOFT: Well, that explains.

THE COURT: Maybe that one? Maybe Mr. Murray gave it to you.

THE COURT: So this is going to be 1246A, okay. Can I write A on here?

THE COURT: All right. 1246A.

MS. VASQUEZ: May I have a copy of 141246?

THE COURT: 1245 and 1247.

MS. VASQUEZ: Thank you.

MS. BREDEHOFT: And then we have 1247. You both have that, right?

THE COURT: Yes, I have --

MS. VASQUEZ: I just don't have 1245.

THE COURT: Yeah. But she wants to get this under 1246, so it's 1246A.

THE COURT: No. We're going to get those back And 1247. And then we will do 1246.

MS. VASQUEZ: Do you have also -- is this the last one? Do you have the one that's stapled last? Yeah, this one.

THE COURT: Okay.

MS. VASQUEZ: Thank you.

THE COURT: All right. So I have 1246. I have 1245, 1246A, and 1247.

THE COURT: Are there any objections to any of these?

THE COURT: No objection. So you can move them in.

MS. BREDEHOFT: Okay. Thank you.

MS. VASQUEZ: Okay.

[STAGE DIRECTION]: (Open court.)

MS. BREDEHOFT: Okay. We're going to start by bringing up Defendant's 1245.

THE COURT: All right. Moving that into evidence.

THE COURT: No objection. y 1245 in evidence.

MS. BREDEHOFT: Thank you, Your Honor.

MS. BREDEHOFT: And this is an article that was in the Daily Mail on 8 April 2020. Do you see that?

MS. BREDEHOFT: And then, Michelle, if you can move that to the next page. Perfect.

MS. BREDEHOFT: It says "Adm Waldman, Depp's lawyer said afterwards, 'Amber Heard and her friends in I the media use fake sexual violence allegations as both a sword and a shield, depending on their needs. They have selected some of her sexual violence hoax facts as the sword, inflicting them on the public and Mr. Depp."

MS. BREDEHOFT: Do you see that?

MS. HEARD: Yes, I do.

MS. BREDEHOFT: Is this a true or a false statement?

MS. HEARD: False.

MS. BREDEHOFT: And why is it false?

MS. HEARD: You have to use - to use what I went through and what I survived, calling it fake, saying that I'm harming Johnny with this, I'm harming the public with this. This is what I've lived through. And to say that it's a hoax, that these aren't even real things. I mean, after everything I've lived through and survived. And, also, I hadn't even spoken about the sexual abuse within my marriage. I hadn't - I had been protective of that. I didn't want to talk about that ever. I wasn't the one who put that out in the world. As remarkable as it is, I hadn't - I protected that.

MS. HEARD: I had to go to another country to give testimony, and thankfully they allowed me to do so with confidentiality and some protection. And then Johnny, through his lawyer, not only uses that against me, but says it's a hoax.

MS. BREDEHOFT: Thank you.

MS. BREDEHOFT: Now I'm going to ask if we can bring up, and it's going to be 1246A.

MS. BREDEHOFT: I'm moving this into evidence as well.

THE COURT: All right. There's no objection. So 1246A is in evidence. You can publish it.

MS. BREDEHOFT: And this is an article that was published on the 28th of April, 2020?

MS. BREDEHOFT: And, Michelle, if we can -- thank you.

MS. BREDEHOFT: And this one says "Depp's lawyer, Adam Waldman, said 'quite simply, this was an ambush, a hoax. They set Mr. Depp up by calling the cops, but the first attempt didn't do the trick,' he told Daily Mail.com."

MS. BREDEHOFT: And let's keep going.

MS. BREDEHOFT: "So Amber and her friends spilled a little wine and roughed the place up. Got their stories straight under the direction of a lawyer and a publicist and then placed a second call to 911."

MS. BREDEHOFT: Do you see that?

MS. HEARD: Yes.

MS. BREDEHOFT: Is that true or false?

MS. HEARD: Couldn't be more false.

MS. BREDEHOFT: And why is that?

MS. HEARD: Every part of it is false. I didn't call 911. I didn't call the police. I refused to cooperate with them to protect Johnny. I protected Johnny. I didn't call them once, and I didn't call them t ice.

MS. HEARD: I didn't rough up the place, I cleaned the place. I didn't even know the second cops were coming.

MS. HEARD: If I wanted to get something from him if I wanted to hoax Johnny, why wouldn't I cooperate with the police? Wouldn't I say something to the police? Wouldn't I do more damage to the house than just knock over the things you saw pictures of? It makes no sense. And to do it online, when there's no fact-checking, there's no authorities, there's no one able to -you know, I can't respond. I can't - I can't fight this and use these sorts of media leaks.

MS. HEARD: These comments to re-echo over and over and over again online with a network of people that are intent on helping Johnny through a sophisticated PR machine.

MS. VASQUEZ: Objection. Your Honor. Hearsay. Speculation.

THE COURT: Sustain the objection.

THE COURT: Next question.

MS. BREDEHOFT: All right. ,4

MS. BREDEHOFT: And so, what, in fact, did you do that night?

MS. HEARD: I cleaned up, I protected Johnny, I refused to cooperate with the police, like so many other people do. I tried really hard to keep it private even after that, even when I was committed to filing for a divorce. I tried to protect Johnny. I tried to protect the history of what we had. I tried to protect him. I did the opposite. And I didn't - I didn't even have a lawyer. I didn't call my publicist. I called my contract attorney to get me another lawyer who could give me advice on how to protect Johnny.

MS. HEARD: Every bit of this was to protect Johnny and protect the secret that I fought really hard to keep for nearly five years, which was behind closed doors. Things were not what it looked like.

MS. BREDEHOFT: Michelle, can you take I I this down. Go to 1247, please.

MS. BREDEHOFT: Your Honor, I move the admission.

THE COURT: All right. No objection. 1 1247 in evidence.

MS. BREDEHOFT: Amber, this is another Daily Mail ,6 online, and this is published on 24 June, updated on 25 June, 2020.

MS. BREDEHOFT: And then if we can go further.

MS. BREDEHOFT: And this one says, "Depp's attorney, Adam Waldman, said 'We have reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp'."

MS. BREDEHOFT: Is this true or false?

MS. HEARD: False.

MS. BREDEHOFT: And why is it false?

MS. HEARD: Because, unfortunately, all of this is real. And what I mentioned earlier about how preposterous it would have to be for this to be this elaborate hoax, you couldn't believe - I couldn't fathom one day that that would legitimately be the position that he, through a lawyer, would take, albeit online, where he can get away with it, still--

MS. VASQUEZ: Objection. Calls for speculation.

THE COURT: All right. Sustain the objection.

MS. BREDEHOFT: Why is this so absurd?

MS. HEARD: Because Johnny and I lived this. We lived through this. I lived through this and I narrowly survived it, but I have survived it. I have mountains of evidence, mountains of proof and yet it was -- it won't be good enough for people who are seeking to make money off of Johnny's success.

MS. VASQUEZ: Objection. Your Honor. Calls for speculation.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: That's fine.

MS. BREDEHOFT: Okay. So I'm going to take you, now, to the damages that you've suffered as a result of these statements by Mr. Waldman on Mr. Depp's behalf. Please tell the jury how you were doing--

MS. VASQUEZ: Objection. That's a legal conclusion, Your Honor. Move to strike counsel's testimony.

THE COURT: Come forward.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: For the record, do you want to give me your full question?

MS. BREDEHOFT: My question is going to be, please tell the jury how your reputation was doing prior to these statements.

THE COURT: Okay.

MS. VASQUEZ: It's the first part of it, where she said --

THE COURT: That wasn't your question. That question's okay.

MS. VASQUEZ: The second question is fine. The first one.

MS. BREDEHOFT: I'm sorry. I didn't even -- I'll ask

THE COURT: All right. All right.

MS. VASQUEZ: We'll ask that it be stricken.

THE COURT: I'll strike that.

MS. VASQUEZ: Thank you. I 5

[STAGE DIRECTION]: ( Open court.)

THE COURT: We'll strike that question from the record. Disregard that question. Your next question.

MS. BREDEHOFT: What was your understanding on whose behalf Mr. Waldman was making those three statements?

MS. VASQUEZ: Objection. Lack of I foundation. Calls for speculation.

THE COURT: If you want to approach again. That's not what we just said here.

MS. BREDEHOFT: BY MS. BREDEHOFT:

[STAGE DIRECTION]: (Sidebar.)

THE COURT: I sustained the objection on that. That's a legal conclusion. That's facts.

MS. BREDEHOFT: But there wouldn't be. That's --

THE COURT: Just understanding of who did it. I'll sustain the objection all day long, every day.

MS. BREDEHOFT: That's fine. I have other people that can testify.

THE COURT: Okay.

[STAGE DIRECTION]: (Open court.)

THE COURT: BY MS. BREDEHOFT:

MS. BREDEHOFT: So, we'll move forward to my other question here. How were you -- please tell the jury, how were you doing reputationally before these three statements were made, beginning April 2020, April 8th was the first of them?

MS. VASQUEZ: Objection. Your Honor. is I'm going to object on lack of foundation.

MS. BREDEHOFT: She can talk about her I . reputation. 1 s

THE COURT: Overruled. I'll allow it.

MS. HEARD: It took hard work. It, you know, it took a lot of hard work on my part, but I was able to work, get my life back on track. I was taking care of my, you know, myself emotionally, my career. I was working really hard. I was able to star in a major success. I worked on a TV series I had been attached to for a very long time. I became an ambassador for several nonprofits that I deeply care about. I was doing a lot of really, you know, felt really good to be doing social work and the charity work that I was doing. And I was also filming and working and planning on -- I was awaiting a schedule from Warner Brothers for Aquaman 2, the sequel. I had wrapped on that TV series I mentioned and I was waiting to start doing publicity for it to promote it.

MS. HEARD: And I had a campaign, a global campaign as a spokesperson for a major beauty brand.

MS. HEARD: So things were, you know, the trajectory was positive.

MS. BREDEHOFT: So how did things change after these statements were made?

MS. HEARD: I remember around the time -- unfortunately, I lost my mother around -- I mean on the 1st of April, and I remember it was -- when I was grieving her, that I got a call that I should be expecting a script for my role in Aquaman 2.

MS. VASQUEZ: Objection, Your Honor. Hearsay.

MS. BREDEHOFT: It's not offered to prove the truth of the matter asserted.

THE COURT: Overrule. Go ahead.

MS. BREDEHOFT: Go ahead.

MS. HEARD: I was awaiting the schedule and script for that, feeling concerned that, you know, I wouldn't have enough time to grieve before having to get back into work. I had a press schedule to promote the TV series I was doing, and I was shooting things for this beauty brand. And then I remember, at that time, the beauty brand had to suspend posting what I had - what I just shot for them because they were getting bombarded -

MS. VASQUEZ: Objection, Your Honor. This is hearsay.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: All right.

MS. HEARD: They said no. I mean, they suspended what I had shot

MS. VASQUEZ: Objection, Your Honor.

MS. BREDEHOFT: She can testify to that, Your Honor. She has to be able to testify to that.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: All right.

MS. BREDEHOFT: Were you actively involved in campaigns for L'Oreal before these articles?

MS. HEARD: I was.

MS. BREDEHOFT: Were you actively involved in campaigns with L'Oreal after these articles?

MS. BREDEHOFT: Were you with the -- you were talking about the TV series. That was The Stand, correct?

MS. HEARD: Yeah, the TV series that I had already completed

MS. BREDEHOFT: All right. And were you actively involved in publicity for The Stand prior to these articles? ,22

MS. HEARD: Yes, I was.

MS. BREDEHOFT: Were you actively involved in the publicity after these articles?

MS. HEARD: No. The shoots were canceled. Things were canceled.

MS. BREDEHOFT: Okay. With respect to Aquaman 1 -- Aquaman 2. You had already starred Aquaman 1, just so we're -- and they called it Aquaman at that time, but now there's an Aquaman 2, right?

MS. HEARD: That's correct.

MS. BREDEHOFT: So, were you actively scheduling timing for filming and scripts for Aquaman 2 before these articles?

MS. HEARD: Yes, I was.

MS. BREDEHOFT: Were you actively scheduling after these articles?

MS. HEARD: No. The communication stopped at that point.

MS. BREDEHOFT: All right. ,19

MS. BREDEHOFT: I'm going to -- Michelle, can you bring up Defendant's Exhibit 1258.

MS. BREDEHOFT: I'm going to show you what has been marked as Defendant's Exhibit 1258, it's dated September 21, 2015.

MS. BREDEHOFT: Do you recognize this document?

MS. HEARD: Yes.

MS. BREDEHOFT: Okay. What is it?

MS. HEARD: It is the Justice League/Aquaman contract.

MS. BREDEHOFT: Your Honor, I move the admission of Defendant's exhibit 1258.

THE COURT: Any objection.

MS. VASQUEZ: Yes, Your Honor. May we approach?

THE COURT: Yes, you may.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: I'm just getting the copy that the Court has here.

THE COURT: Okay. What's the objection, first?

MS. VASQUEZ: Objection is hearsay and relevance.

THE COURT: Okay.

MS. VASQUEZ: I don't know why her contract --

THE COURT: Why the contract?

MS. BREDEHOFT: Your Honor, I have a brief on this. It is not hearsay. Contracts are not hearsay in Virginia. Virginia laws is if you have a binding contract, that these are legal obligations.

THE COURT: I would really appreciate these briefs prior to testimony.

MS. BREDEHOFT: Your Honor, I didn't know if she was going to object.

THE COURT: You can just assume there's going to be objections.

MS. BREDEHOFT: Excellent point by you.

MS. BREDEHOFT: So with legal contracts, that have legal consequences --

THE COURT: There's legal effect, no relevance to the legal effect here.

THE COURT: But there's no --

MS. BREDEHOFT: These are her documents. It shows how much she was getting paid, shows that she had the options for the Aquaman and the Aquaman 2. I dispute i;;, ::sh::: :::;:ct Correct, Your Honor. But it's for evidence of the damages.

THE COURT: Well, she can testify to how much she made, but you can't get the contract ,9 in. It is hearsay. There is no relevance to its ! I 1 O legal effect.

MS. BREDEHOFT: Well, I would assert, Your Honor, that case law says otherwise, but...

THE COURT: Under contract, the law of contracts, you're right. If it was a contract case, I'd be right there with you. That's just not where we are.

MS. BREDEHOFT: So I can ask her questions on each of these?

THE COURT: You can ask her.

MS. BREDEHOFT: I'm going to go through them, now. I am--

THE COURT: You can discuss how much she made. I'm assuming there's no objection to how much she made for L'Oreal.

THE COURT: You can ask how much she made.

THE COURT: Just can't get the contracts in.

MS. VASQUEZ: Thank you.

[STAGE DIRECTION]: (Open court.)

[SECTION HEADER]: BY MS. BREDEHOFT:

MS. BREDEHOFT: So, Amber, can you explain to me how that, the contract structure was for Justice League and options? Just explain to the jury, please.

MS. HEARD: It's structured like a three-picture option. You - I signed on to do Justice League, where my character was introduced. The fee is, you know, small relative to what it will become if and when you do the other options or movies in that - under that umbrella.

MS. HEARD: So, it was the contract for Justice League, which could, then, become Justice League 1, or it could be Aquaman or it could be some other movie within the DC universe. And the second picture ended up being Aquaman and then the third picture, Aquaman 2. Each time, the fee goes up but -

MS. VASQUEZ: Objection, Your Honor. This calls for speculation. Lack of foundation.

THE COURT: Overruled. I'll allow it.

MS. HEARD: As far as the contract is concerned, that's what the contract says.

MS. BREDEHOFT: All right.

MS. BREDEHOFT: And if we go to page 6.

MS. BREDEHOFT: So what was your fee going to be for Aquaman? What was it for Aquaman?

MS. HEARD: One million.

MS. BREDEHOFT: Okay. And then was there also box office bonuses, opportunities?

MS. HEARD: Yes, I believe.

MS. HEARD: Yes, there are box office bonuses. If it makes a certain amount in the box office, you get a - a bonus.

MS. BREDEHOFT: Okay. And it says picture number 2. At the time you entered into the contract in y with -- on Justice League, did they know what the picture would be?

MS. HEARD: No. As I mentioned before, when you do the contract -

MS. VASQUEZ: Objection. Calls for speculation.

THE COURT: All right. I'll sustain that objection.

MS. BREDEHOFT: So, ultimately, what was picture number 2?

MS. HEARD: Aquaman.

MS. BREDEHOFT: And then what was it for picture number 3?

MS. HEARD: Aquaman 2.

MS. BREDEHOFT: And what was the fee under the option agreement at that time?

MS. HEARD: Two million.

MS. BREDEHOFT: Okay. Now, did you have contracts with L'Oreal?

MS. HEARD: Yes, I did.

MS. BREDEHOFT: Okay. And can you just describe, for I 1 the jury, what was involved with L'Oreal? You talked about being involved in campaigns and then not. Just explain that to them, if you can?

MS. BREDEHOFT: With the brand as a representative and a certain

MS. HEARD: As a spokesperson I'm just involved amount of commitment you have to do throughout the year on social media and on red carpets, promoting various products or, you know, causes they're advancing. Generally, just like a brand ambassadorship.

MS. BREDEHOFT: Okay. And did you --

MS. BREDEHOFT: Well, let's go -- let's pull up 1262.

MS. BREDEHOFT: And this is dated as of April 25, 2018, 115 correct?

MS. HEARD: That's correct.

MS. BREDEHOFT: Was that your first contract with L'Oreal?

MS. HEARD: I believe so, yes.

MS. BREDEHOFT: Okay. And was that for a term, a specific term?

MS. HEARD: Yes, it was.

MS. BREDEHOFT: Okay. Was it for two years?

MS. HEARD: Yes, it says a two-year contract, and that sounds right.

MS. BREDEHOFT: And then, I'm going to ask you to turn to 1264. And that's April 20, 2020. And what, if anything, did L'Oreal do with regard to extending your contract then?

MS. HEARD: They el.tended it. They chose to extend it with the option to kind of -

MS. BREDEHOFT: All right. Did they extend it just an additional three months?

MS. HEARD: That - I

MS. BREDEHOFT: If you look at paragraph 1.

MS. HEARD: Let's see. Yes, they did.

MS. BREDEHOFT: Okay. And what, if any, work did you do for L'Oreal after these three statements were made?

MS. HEARD: I have only been able to participate in, I believe, one live event that they also couldn't promote or use the material from because of -

MS. VASQUEZ: Objection, Your Honor. Calls for speculation.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: Now, let's go to 1265.

MS. BREDEHOFT: And this is as of November 15, 2021. This is another extension with L'Oreal, correct?

MS. HEARD: Yes, it is.

MS. BREDEHOFT: And if you look at the second option tenn, under paragraph 1, that's an extension of 20 months; is that correct?

MS. HEARD: That is correct.

MS. BREDEHOFT: And what, if any, work have you been able to do for L'Oreal since this, since this contract?

MS. HEARD: As I stated, I believe I've only done one in-person event with them, and they couldn't use the material.

MS. BREDEHOFT: Okay. Let's talk about The Stand for a minute. Let's pull up 1263. And this is dated July 3, 2019.

MS. BREDEHOFT: And I believe you indicated that you had already filmed it by the time these statements were made in April and June of 2020; is that correct?

MS. HEARD: That's correct.

MS. BREDEHOFT: Okay. And what, if any, marketing opportunities were you participating in prior to those articles?

MS. HEARD: We had appearances, talk shows, press, the normal kind of group cast press junket, promotional material, photo shoot. I had various publicity engagements lined up, like a magazine cover, that sort of thing, to promote the film - I mean, to promote the series.

MS. BREDEHOFT: And what, if anything, were you able to do with marketing opportunities after the three articles were published?

MS. HEARD: None. None.

MS. BREDEHOFT: What, if any, covers were you on after that for The Stand?

MS. HEARD: They pulled the offer for that. So, I don't know.

MS. BREDEHOFT: Okay. And while we're on this agreement, if you look at the second page, how much were you paid for The Stand? It's at 6C. 200,000 -- b A Oh, 200,000 an episode.

MS. BREDEHOFT: Ok I ay.

MS. BREDEHOFT: Now, let's pull up Defendant's Exhibit 1266.

MS. BREDEHOFT: Have you been able to get any work since that time?

MS. HEARD: I have done one small independent film po

MS. BREDEHOFT: Okay. And tell the jury what that is.

MS. HEARD: I shot a film in Guatemala. It's a small independent. Meaning it doesn't have distribution or -yeah, it doesn't have distribution or anything. It's a lower-budget film that I had been attached to for many years called "Into the Fire."

MS. BREDEHOFT: And 1266 has as of January 13, 2022; do you see that?

MS. HEARD: Yes.

MS. BREDEHOFT: Okay. When did you actually film for this in Guatemala?

MS. HEARD: March - I believe it was March of this

MS. BREDEHOFT: Okay. And do you recall what your compensation was for that?

MS. HEARD: I don't, off the top of my head. I'm sorry. If you could look at ALH1 7628. It's paragraph 6A.

MS. HEARD: Oh. 65,000.

MS. BREDEHOFT: Okay. And have you participated in Aquaman 2?

MS. HEARD: I have.

MS. BREDEHOFT: And tell us about that.

MS. HEARD: I had to fight to - I fought really ; hard to stay in the movie. They didn't want to include me in the film

MS. VASQUEZ: Objection, Your Honor. Hearsay.

THE COURT: I'm going to sustain the objection.

MS. BREDEHOFT: Did you ultimately -- were you ultimately able to get to film in Aquaman 2?

MS. HEARD: Very pared down version of that role, yes.

MS. BREDEHOFT: What, if anything, changed in the script?

MS. HEARD: They took away a lot of the --

MS. VASQUEZ: Objection, Your Honor. Hearsay. Lack of foundation.

MS. BREDEHOFT: I think she can testify.

THE COURT: Overruled as to script.

MS. BREDEHOFT: Go ahead.

MS. HEARD: I was given a script and then given new versions of the script that had taken away scenes that the -- that had action in it; that depicted my character and another character, without giving any spoilers away, you know, there are two characters fighting with one another, and they basically took a bunch out of my role. They didn't -- yeah, they just removed a bunch out.

MS. BREDEHOFT: And what, if any, leverage did you have to negotiate a higher salary beyond the 2 million?

MS. VASQUEZ: Objection. Speculation.

THE COURT: I'll sustain the objection.

MS. BREDEHOFT: What, if any, effort did you make to negotiate a higher salary for your participation?

MS. HEARD: I couldn't renegotiate my contract.

MS. BREDEHOFT: And why not?

MS. VASQUEZ: Objection. This calls for hearsay and speculation.

MS. BREDEHOFT: Do you know why?

MS. VASQUEZ: Still the same objections, Your Honor.

THE COURT: I'll sustain the objections.

MS. BREDEHOFT: All right. Amber, I'm going to ask you to describe to this jury the emotional impact on you of these three statements that we have talked about, these three counterclaim statements. Please describe how this has impacted you.

MS. HEARD: These statements are used over and over and over and over again online to reverberate, reecho, and reenergize -

MS. VASQUEZ: Objection, Your Honor. This is not responsive. Lack of foundation and hearsay.

MS. BREDEHOFT: It is responsive, Your Honor. She gets to give her context.

THE COURT: Your question was her emotional impact of the statements.

MS. HEARD: The impact it has on me is every time I look at it, which is every day, I am - in fact, I have to relive it. I have to have my - the I worst, most painful things I've ever gone through, painful memories I've ever had, the things I've narrowly survived, at times. Embarrassing, intimate details that I never wanted to be known, never wanted to be public, ever, and to have them used every single day to call me a liar. I have to relive this every single day that I have to address those claims, over and over again.

MS. HEARD: The most intimate, embarrassing, deeply humiliating and personal things that I've survived are used against me every day, over and over again. It's torture, so much pain emotionally. I just wanted him to leave me alone. I wanted to move on with my life. And he won't let me. By making statements like this, he won't let me. I have to be here today. I have to be reliving it every time. He, with these statements, these leaks, these comments, once again, makes me have to speak to the most horrifying things I have!

MS. HEARD: Lived through. It's torture. It's tortuous. No one should have to do that. I've moved on with my life. I have a baby. I want to move on. I want to move on. I want Johnny to move on, too. I want him to leave me alone.

MS. BREDEHOFT: Thank you. I have no further questions.

THE COURT: Ladies and gentlemen, this might be a good time to take our afternoon recess. Based on that, do not discuss this with anyone or do any outside research, okay? See you shortly. Thank you.

THE COURT: Please, court is still in session. I need it to be quiet in the gallery. Thank you.

THE COURT: All right. Why don't we just make it 3:25, then. Come back at 3:25.

colloquy Procedural

[STAGE DIRECTION]: (Whereupon, the jury exited the courtroom and the following proceedings took place.)

MS. BREDEHOFT: Thank you.

MS. HEARD: All right. Thank you.

COURT BAILIFF: All rise.

[STAGE DIRECTION]: (Recess taken from 3 :08 p.m to 3:24 p.m.)

COURT BAILIFF: All rise.

COURT BAILIFF: Please be seated and come to order.

THE COURT: All right.

MS. BREDEHOFT: May we approach?

THE COURT: Sure.

[STAGE DIRECTION]: (Sidebar.)

MS. BREDEHOFT: I just want to raise further on that payment of the attorneys' fees.

THE COURT: Okay.

MS. BREDEHOFT: In reading this, what this says is that if she opens up the door --

THE COURT: Right.

MS. BREDEHOFT: We can ask if Mr. Musk made any payments. It does not mean that they're insurance -- insurance comes in. That will be a basis for a mistrial.

MS. BREDEHOFT: I would proffer the Court the insurance did not pay that $6 million.

THE COURT: Okay. So insurance didn't pay it. It's not basis for a mistrial because it's not a personal injury case.

MS. BREDEHOFT: Well, I still think it would make it prejudice for --

THE COURT: So the insurance didn't pay for anything. So can we stay away from insurance, then? true.

MS. VASQUEZ: Well, that's just not Insurance did -- is paying the cost.

THE COURT: For her attorneys' fees?

MS. BREDEHOFT: She paid 6 million before the insurance company --

MR. CHEW: They said that's where the five got capped. According to the ACLU, because she was too expensive, so ...

MS. BREDEHOFT: She paid for 6 million. They didn't know they had insurance.

THE COURT: And it's not just the 6 million. I mean, she said that she can't pay all the money to the ACLU because she's paying attorney's fees.

MS. BREDEHOFT: No, she said, specifically 6 million. She did not say she's paying for attorney's fees. Now, I didn't -- she can look at the record, Your Honor, but that's not what she said.

MS. VASQUEZ: That's not true, Your Honor. She actually testified 6 million.

MS. BREDEHOFT: She did testify to 6 million.

THE COURT: Correct.

MS. VASQUEZ: She opened the door.

MS. BREDEHOFT: No, she didn't open the door for insurance. The insurance didn't pay that 6 million. What she opened the door was asking if Mr. Musk paid it for her. That's in the order. Your Honor, I don't think there's any reason we need to raise that today. I would like to be able to get the transcript and research it.

THE COURT: Mr. Musk maybe asked about his payment, if any, of the attorney's fees. And the Court will be instructing the jury. It doesn't say anything about insurance, so I'm not sure if that was -- that can Is go either way. It's either not part of this Motion in Limine or it was not -- it's not detailed here.

MS. BREDEHOFT: Right. So I would like the time to get the transcript, Your Honor, because that's -- and I would also like to I research because I do believe that would be a ! 15 basis for us moving for a mistrial.

THE COURT: Okay. That insurance ! 17 company is responsible for this payment. All right. This is what we'll do: You can just ask about Mr. Musk and not the insurance, ,20 okay? We'll go that way. Okay.

MS. VASQUEZ: At this time, may we have an opportunity to review the transcript?

THE COURT: You can. We did say at the beginning, that I granted it in part as far as the insurance company. So, yeah, you can review the transcript.

MS. VASQUEZ: I want to first.

THE COURT: Okay. Then we'll bring it today. And right now, that's my ruling. Okay?

THE COURT: Did you want to talk about your other motion?

MR. CHEW: Yes, Your Honor. I was hoping that we can hear that now.

THE COURT: Yes.

MR. CHEW: It won't take very long.

THE COURT: It's filed under seal, so I assume you want to do it here at the bench?

MR. CHEW: We can do it here at the bench? Sure.

THE COURT: I mean, well, you filed it under seal. I mean, that would --

MS. VASQUEZ: I mean, we're happy to do it in open court --

MR. CHEW: We're happy to do it either

MS. VASQUEZ: Just outside the presence of the jury.

MR. ROTTENBORN: We'd rather do it here.

THE COURT: That's fine. Okay.

MS. BREDEHOFT: Mr. Rottenborn, can you address it?

MR. ROTTENBORN: Is it okay if I O address it, Your Honor?

THE COURT: That's fine. Yes, sir. That's fine.

MR. ROTTENBORN: So, keeping in mind we've just had a very brief --

MR. CHEW: Your Honor, I think we get to go first.

THE COURT: Okay. That's fine. I have read it. What else do you want to add to it?

MR. CHEW: Your Honor, I think there are four reasons why testimony at trial has opened the door to grant Mr. Depp's motion.

MR. CHEW: One, both parties were accused of I violence and both have claimed self-defense.

MR. CHEW: We've seen that in Exhibits I and 2. We cited the case of Barnes v. Commonwealth, Your Honor, we see now it's also, you know, McMahon v. Rounds, which applies it in the civil context. Granting motion is also consistent with the Court allowing Ms. Heard's counsel to cross-examine Mr. Depp about Rocky Brooks. Remember Rocky Brooks is the one who filed the civil assault claim. That's Exhibits 3 and 4.

MR. CHEW: And allowing Ellen Barkin to testify about Mr. Depp throwing a bottle at the wall, not directed at anybody. So that's one reason.

MR. CHEW: The second reason is Ms. Heard's prior reputation, that is before she met Mr. Depp, is clearly relevant. This arrest of Ms. Ree in 2009, it's two years before she met Mr. Depp, in the relationship, clearly that is relevant here. Mr. Depp's Motion in Limine, as far as his prior arrest, was granted as to liability but denied as to reputation because it goes to damages. Your Honor allowed that Mr. Depp was examined about his prior allegations.

MR. CHEW: We even heard today about L'Oreal and L'Oreal not re-upping her contract. A lot of reasons. One of the reasons could have been she'd been arrested for domestic violence. There is testimony from the ACLU that they considered all the articles. There were a lot of articles about Ms. Heard being arrested for domestic violence. The ACLU considered that. Their only due diligence was asking Ms. Heard her point of view. Your Honor will remember that Ms. Heard's counsel, Mr. Rottenborn, was allowed to ask Mr. Depp about a stack of articles about Mr.

MR. CHEW: Depp's reputation, other things that could have hurt his reputation other than the op-ed. Your Honor assumes that there are articles, several articles about Tasya van Ree. We should at least be allowed to show her those articles and ask her those, the same way Mr. Rottenborn showed Mr. Depp.

MR. CHEW: And number three, Your Honor, this is an important one. Ms. Heard's testimony on direct clearly opened the door. She said "I know you don't come back from that. I mean, you can't hit a woman, you can't hit a man, you can't hit anyone." That's a direct quote from page 2241 at lines 14 and 15. That opens the door. She says she know she can't hit a woman. Well, we know she has. She hit Rocky Pennington and she assaulted Tasya van Ree, or at least she was arrested for that.

MR. CHEW: Number four, Your Honor, Ms. Heard self-reported the Tasya van Ree incident, both to her own psychologist, Dr. Hughes, and to our psychologist, Dr. Curry. These articles to which I refer are in Exhibits 5 through 6.

MR. CHEW: Finally, Your Honor, Your Honor denied the Motion in Limine. Ms. Heard moved for a Motion in Limine to exclude this; Your Honor denied it.

MR. CHEW: The only limitation that Your Honor made was "Okay. So you're not saying in your opening statement that she's been convicted of assault. I'll just make it a ruling."

MR. CHEW: But we never intended to say that she was convicted of --

THE COURT: Which she hasn't been.

MR. CHEW: Because she wasn't convicted.

THE COURT: Uh-huh.

MR. CHEW: That's the only limitation.

MR. CHEW: So, number one, the Court denied that Motion in Limine.

MR. CHEW: Number two, there are four things that have happened since then.

MR. CHEW: Number one, Ms. Heard opened the door by saying you don't hit a woman.

MR. CHEW: Number two, since that time, we know that she self-reported that to her own doctor, Dr. Hughes, and to our doctor -- not doctor, but our expert, Dr. Curry.

THE COURT: Uh-huh.

MR. CHEW: Number three, we know, and we cited, and she claimed self-defense. Once she said, yes, I did throw a vase at Johnny but that's because I was defending. She opened the door And, four, since that time, Your Honor has correctly allowed Ms. Heard to ask Mr. Depp about Rocky Brooks and Ellen Barkin and all those articles. We think it's only fair, Your Honor, and appropriate under the law to allow those limited seven questions.

THE COURT: All right.

MR. CHEW: Okay.

MR. ROTTENBORN: Your Honor, obviously, it's no surprise Mr. Chew has brought up at every hearing, whether it's about this or not, he's brought up the Tasya van Ree situation. So, I'm not surprised they're trying to do this, but the parties are completely differently situated here for a couple reasons. I want to address this point, too, because this is the second time Mr. Chew brought this up today, he keeps saying she hit Rocky Pennington. They even had their expert, Dr. Curry, mislead the jury on what that testimony said. You'll hear from Rocky Pennington tomorrow. Rocky Pennington said, I hit her first and she hit me back.

MR. CHEW: She still hit her.

THE COURT: Are they doing the deposition?

MR. NADELHAFT: Not tomorrow.

MR. CHEW: Doesn't mean --

THE COURT: Mr. Chew.

MR. ROTTENBORN: Thank you, Your Honor. But to hear him say she hit a woman, she hit Rocky Pennington, and to have their expert tell the jury that she hit Rocky and not tell the jury that was after Rocky Pennington said she hit her first. So I just want to -- it's very misleading. There are a couple points, Your Honor. Under 405, what they're trying to get in is an essential element of the claim, then you can offer specific past instances of conduct. The parties are very differently situated with respect to their two claims, Your Honor.

MR. ROTTENBORN: For Mr. Depp, an essential element of his claim is that he has never abused Amber. That's -- if you take his defamatory implication that he is advancing at this theory of the case, this op-ed, even though it didn't say that, somehow implied that he had abused her, then none of those statements are defamatory if he did abuse Amber. So an essential element of that part of the case is, did he abuse Amber? It's not an essential element for either Mr. Depp's defense or for Ms. Heard's counterclaim, whether Ms. Heard was ever abusive to Mr. Depp. That's not -- the parties are totally differently situated, and, Your Honor -- excuse me, if I could just finish.

MR. CHEW: Go ahead.

MR. ROTTENBORN: Your Honor has ruled several times in instances where the parties are differently situated.

THE COURT: Right.

MR. ROTTENBORN: So I don't need to go through all of that, but the parties are very differently situated with respect to this. Whether Ms. Heard was abusive to Mr. Depp and whether she ever committed abuse towards someone else is not an essential element of any claim or defense in this case. It's just not. They're trying to make it seem like the claims are apples to apples, and they are not. The claim is whether Mr. Depp was abusive to Ms. Heard. The converse is not at issue in this case. And under 403, that changes the calculus of probative versus prejudicial.

MR. ROTTENBORN: So a few more points, if I may, Your Honor, and I will apologize --

THE COURT: That's fine.

MR. ROTTENBORN: I'm doing my best.

MR. ROTTENBORN: The cases that they cited, the Barnes v. Commonwealth case. The other case -- the Barnes v. Commonwealth, that's a criminal case. It's talking about self-defense.

THE COURT: Right.

MR. ROTTENBORN: And I know that rule has been extended in certain civil cases. I've not had a chance to look at those, since the motion was handed up this afternoon, but that case is inapposite. 404, the testimony has to be offered by the accused. So if Mr. Depp witnessed her being violent to someone, then that may be a different story, but he didn't. This is just -- what they're trying to get in is, essentially, hearsay, or they're trying to get it in for reputation purposes.

MR. ROTTENBORN: Couple other points, Your Honor. They didn't attach next -- so they attached an exhibit 4. They keep bringing up this Rocky Brooks thing. If Your Honor will remember, I asked Mr. Depp if he had assaulted, punched a crew member, and we approached, and then I explained why I wanted to ask him that. d 114

THE COURT: Uh-huh.

MR. ROTTENBORN: Because Mr. Bett and Mr. Judge were the two bodyguards who were present with him. And I said I'm not asking him anything else. What they didn't attach is the very next -- what Your Honor said, you can ask that one question.

THE COURT: Right. e 22

MR. ROTTENBORN: So I didn't ask two, and Your Honor didn't let me go into the details of this assault.

THE COURT: Uh-huh.

MR. ROTTENBORN: The whole purpose that they're trying to get into, did she assault Ms. Ree. I was trying to get into who were the bodyguards who were present. So this motion in s their brief, that somehow we were able to question Mr. Depp about this, is not -- that's not true.

THE COURT: I understand.

MR. ROTTENBORN: Finally, Your Honor, with respect to reputation, what I was able to question Mr. Depp about, he's claiming he lost Pirates because of the op-ed. I was able to ask him questions about that series.

THE COURT: For the damages issues. I understand.

MR. ROTTENBORN: Yeah. It relates directly to his role, his reliability as an actor. This is a 2009 incident.

THE COURT: And a 2016 article.

MR. ROTTENBORN: Correct. If they want to ask her about the effect -- I don't know if they're saying it's reputation or saying reputation relating to damages. The defamation claim seeks damages from April 2020 on, so it's not nearly as close space in time, number one.

MR. ROTTENBORN: Number two, it'.s a 2009 issue. 2016 article that their team obviously released right after the TRO was filed because they're from June 2016. I'm assuming that's the case. You know, it's right after she accused Johnny of abuse.

THE COURT: Right.

MR. ROTTENBORN: And it's just too far attenuated to any damages at issue in this case that Ms. Heard is seeking.

MR. ROTTENBORN: And then, finally, with respect to this -- two more points. Finally, with respect to this self-defense point, Mr. Depp can't just open the door to ask Ms. Heard about any of the prior conduct by saying I acted in self-defense. I mean, it's one thing if he wants to get up there and testify to times when he specifically acted in self-defense. That's one thing. But to say, I self defense. That s one thing. But to say, I acted in self-defense, and, therefore, I get to ask Ms. Heard about these allegations of abuse, that's far too attenuated.

MR. ROTTENBORN: And, finally, he said that Ms. Heard opened the door by saying you can't hit a woman. I haven't had a chance to read the transcript. I'm pretty sure, if you look at it in context, what she was saying is the relationship doesn't come back from that, when that happens. She wasn't saying I have never done this or that. She was saying -- she was talking about what thoughts go through her head when Mr. Depp struck her for the first time.

MR. ROTTENBORN: So there's no relevance.

MR. CHEW: Your Honor.

THE COURT: All right.

MR. CHEW: Briefly.

MR. CHEW: Number one, Your Honor has already ruled on similar objections made. Violence to Mr. Depp is very much an issue in this case. He lost the top of his finger, very much an issue in this case. Whether Ms. Heard cut it off or whether she said he did it somehow himself. Number one, that's number one. Number two, clearly goes, Your Honor, to reputation. And Mr. Rottenborn was allowed to ask Mr. Depp about a stack of newspapers or articles related to other issues that may have affected his reputation. This goes to her reputation.

THE COURT: Right. What's the relevance of the reputation in 2016 when these articles were --

MR. CHEW: Because --

THE COURT: I'm just asking the question.

MR. CHEW: The ACLU -- the republication, number one, ACLU considered it when they were doing a minimum due diligence on Amber. They looked at those articles themselves, and I asked them, Mr. Dougherty, what due diligence, if any, did they do. He said, we asked Amber and Amber said it was (indiscernible). This absolutely goes to a reputation. There could be

THE COURT: So reputation prior to the three statements?

MR. CHEW: Yeah. But it's still ls relevant, Your Honor. It's directly relevant to reputation. As Your Honor has said, this case goes to reputation.8

THE COURT: Uh-huh.

MR. CHEW: And at a very minimum, Your Honor, Ms. Vasquez should be able to -- to be allowed to ask her about the articles, the same articles that the ACLU considered in 2018, when they did the op-ed, 4 through 7, because that would be very consistent with what Your Honor did with respect to Mr. Depp --

THE COURT: All right.

MR. CHEW: With Rocky Brooks.

THE COURT: That's fine.

MR. ROTTENBORN: May I make one more comment, Your Honor?

THE COURT: What's that, sir?

MR. ROTTENBORN: With respect to Mr. Depp, the reason he lost Pirates 6, there's a lot of corroborating evidence in this case about Mr. Depp,

THE COURT: Goes to both sides.

MR. ROTTENBORN: I understand, Your Honor, but they're essentially trying to just put m--

THE COURT: She has testified that her reputation before these three -- before these three attorney statements was stellar. She worked real hard. It was perfect. So, I mean.

MR. ROTTENBORN: Four years prior. She was saying things were going well in 2018 --

THE COURT: Since the TRO, she was working hard to get it back

MR. ROTTENBORN: Right. And what they want to do is bring in a 2016 article, published a week after the TRO, about a 2009 incident? That's so far afield than anything we asked them about.

THE COURT: Okay. I understand. I think because there's -- I'm taking all my notes and there's been a lot of testimony about her y being reactive. Always reactive. She has hit but it was reactive. I think for impeachment purposes then, it comes in about the violence with other people or that you assaulted your ex-girlfriend. But as far as the arrest goes, I'm just not going to allow arrests in. I think it's too prejudicial because it lists an arrest, not conviction, so I'm not letting any arrests come in.

THE COURT: So that kind of hits the articles, then, too.

MR. CHEW: We can use the article.

THE COURT: But it says arrested.

MR. ROTTENBORN: That's the headline.

THE COURT: Anyways what I'm saying. I can't -- arrested doesn't come in. If you go -- you can have her talk about there are articles about that that came out, about the assault.

MS. VASQUEZ: About the assault.

MR. CHEW: About the assault.

THE COURT: About the assault. Without getting the articles in, but you can get articles in that talk about the assault but we're not going I to arrested. I think it's prejudicial, gives a connotation to the jury when she wasn't arrested for anything, okay?

THE COURT: So we're talking number 1 is fine, number 3 is fine, number 4 and 5. You're just going to have to provide articles. I'm taking my Open, Mr. Chew.

THE COURT: You're going to have to find a way to do it without referencing the article.

THE COURT: You got it.

MR. CHEW: Thank you, Your Honor.

MS. BREDEHOFT: Is this going to happen this afternoon?

THE COURT: I don't know when it's going to happen. But the ruling stands.

MR. CHEW: Thank you, Your Honor.

MS. BREDEHOFT: Because we didn't look at it.

THE COURT: We don't come back tomorrow. We don't go backwards.

MR. CHEW: Thank you.

MR. CHEW: We understand.

THE COURT: Okay. We're ready for the jury. In courtroom and the following proceedings took

THE COURT: All right. Thank you. All right. Be seated.

[STAGE DIRECTION]: (Whereupon, the jury entered the place.)

[SECTION HEADER]: Cross-examination.

[SECTION HEADER]: EXAMINATION BY COUNSEL FOR THE PLAINTIFF AND

MS. VASQUEZ: Good afternoon, Ms. Heard.

MS. HEARD: Good afternoon

MS. VASQUEZ: Mr. Depp hasn't looked at you once this entire trial, has he?

MS. HEARD: Not that I've noticed, no.

MS. VASQUEZ: You've looked at him, though, many times, haven't you?

MS. HEARD: Yes, I have.

MS. VASQUEZ: You know exactly Mr. Depp won't look back at you, don't you?

MS. HEARD: I do.

MS. VASQUEZ: He promised you he would never -- you would never see his eyes again; isn't that true?

MS. HEARD: I don't recall if he said that.

MS. VASQUEZ: One of the last times you ever saw Mr. Depp was when you met in San Francisco in July of 2016, right?

MS. HEARD: That was the second-to-last time I saw him, yes.

MS. VASQUEZ: And this was after you had publicly accused him of domestic violence?

MS. HEARD: I got my restraining order before that, yes, uh-huh.

MS. VASQUEZ: And this is after you obtained the domestic violence restraining order against him?

MS. HEARD: That's correct.

MS. VASQUEZ: Let's, please, play Plaintiff's exhibit 1229. For the record, it's at 11:01 through 12:09.

MS. VASQUEZ: I'm going to ask that it be admitted into evidence.

THE COURT: Any objection to 1229?

MS. BREDEHOFT: (Indiscernible.) No objection, Your Honor.

THE COURT: All right. 1229. You want it entered in its entirety?

MS. VASQUEZ: Yes, please.

THE COURT: 1229 entered in its entirety.

THE COURT: Go ahead and play your section.

MS. HEARD: I don't understand. Is this what you want?

[STAGE DIRECTION]: (Whereupon, the following audio recording was played.)

MR. DEPP: No. Oh, no, a hug and save it all. All this --

MS. HEARD: No, I just wanted to --

MR. DEPP: Everything we've just been through.

MS. HEARD: I just want to define -- I just wanted to -- I just wanted to touch you.

MR. DEPP: Really? After all the shit you just said? 1 give you a hug.

MR. DEPP: After all the shit you

MS. HEARD: Yeah. I just wanted to fuckin' accused me of, you want to touch me? Yes, yes. Please, please. Please stop, please.

MR. DEPP: You're fuckin' nuts.

MS. HEARD: Please, stop.

MR. DEPP: You're fuckin' nuts.

MS. HEARD: Please. I just wanted to ! 11 hug you. And to say bye. I don't want it to end I bad.

MR. DEPP: There's no chance of that. We did that last night. It's fine. That was good enough.

MS. HEARD: Please. I just want a hug.

MR. DEPP: No. Because I'm not teasing _ 118 you. And I will always be nothing to you.

MS. HEARD: Calm, calm See, please.

MR. DEPP: What? You're not my shrink.

MS. HEARD: Let's just calm my heart, please.

MR. DEPP: No.

MR. DEPP: Heart.

MS. HEARD: Please.

MR. DEPP: No. Deal with your fuckin'

MS. HEARD: No, no. Please. Just

[STAGE DIRECTION]: (indiscernible.)

MR. DEPP: No. We will never see each Is other again.

MS. HEARD: Please.

MR. DEPP: We won't even -- don't take I my fucking glasses off.

MS. HEARD: Please. ,13

MR. DEPP: You don't like looking at my fucking eyes? You will not see my eyes again.

MS. VASQUEZ: That's you and Mr. Depp in that recording?

MS. HEARD: That is.

MS. VASQUEZ: And this is from when you and Mr. Depp both met in San Francisco in July of 2016, right?

MS. HEARD: Yes. That's what it sounds like. That was in the hotel. We met once after that as well.

MS. VASQUEZ: This is after you publicly accused him of domestic abuse?

MS. HEARD: Yes. And got my TRO.

MS. VASQUEZ: And he tells you, "you will not see my eyes again," doesn't he?

MS. HEARD: Yes, he does, in that recording.

MS. VASQUEZ: And he kept that promise, hasn't he.

MS. HEARD: As far as I know, he cannot look at me.

MS. VASQUEZ: He won't look at you, right, Ms. Heard?

MS. HEARD: He can't

MS. VASQUEZ: One of the first questions your counsel asked you on direct is, why are you here?

MS. VASQUEZ: Do you remember that?

MS. HEARD: I do.

MS. VASQUEZ: Let's, please, play Plaintiff's exhibit 357A, which is already in evidence, Your Honor.

THE COURT: Allright.

MS. VASQUEZ: For the record, it's 21 :22 through 21 :40.

[STAGE DIRECTION]: (Whereupon, the following audio recording was played.)

MS. HEARD: You can, please, tell people that it was a fair fight and see what the judge -- see what the jury does think. Tell the world, Johnny. Tell them, Johnny Depp, I, Johnny Depp, man, I'm a victim, too, of domestic violence. And I --

MR. DEPP: Yeah.

MS. HEARD: Know it's a fair fight. And see how many people believe or side with you.

[STAGE DIRECTION]: (Whereupon, the audio recording ended.)

[SECTION HEADER]: BY MS. VASQUEZ:

MS. VASQUEZ: That's your voice on that recording, right?

MS. HEARD: Yes, it is.

MS. VASQUEZ: And you were speaking with Mr. Depp?

MS. HEARD: Yes.

MS. VASQUEZ: And you said to Mr. Depp, "You can please tell people that it was a fair fight, and see what the jury and the judge think. Tell the world, Johnny. Tell them, Johnny Depp, I, Johnny Depp, a man, I'm a victim, too, of domestic violence."

MS. VASQUEZ: That's what you said, right?

MS. HEARD: I was saying it to the man who beat me I up, yes. I said it was preposterous.

MS. VASQUEZ: And the man you beat up numerous times, ,5 right, Ms. Heard.

MS. HEARD: I could never hurt Johnny.

MS. VASQUEZ: You were here in the courtroom when Mr. Depp finally told the world that he is a victim of domestic violence?

MS. HEARD: I know that he is suing and has sued other people or corporations that have said that as well.

MS. VASQUEZ: You didn't think he would tell the world he was a victim of domestic violence, did you?

MS. HEARD: I found it hard to believe that he could or that he would do that, considering the relationship he and I had. I thought it would be crazy for him to do so, knowing what I know we lived through.

MS. VASQUEZ: Or, as you said to him in that recording, who was going to believe that Johnny Depp, a man, is a victim of domestic violence, right?

MS. HEARD: With all due respect, I wasn't saying it because he was a man; I was saying it because he was a man who beat me up for five years.

MS. VASQUEZ: Mr. Depp is your victim, isn't he?

MS. HEARD: No, ma'am

MS. VASQUEZ: And once he left you, you continued to abuse him publicly by calling him an abuser, didn't you?

MS. HEARD: He is an abuser, and you can look ! 12 either of us up online and figure out who's being I abused online.

MS. VASQUEZ: Let's look at some of that. Mr. Depp wears rings on every finger, I doesn't he, Ms. Heard?

MS. HEARD: That's my experience, yes.

MS. VASQUEZ: And they're not delicate rings, are they?

MS. HEARD: No, they are not.

MS. VASQUEZ: Every one of his fingers is adorned, your words, "big, chunky rings"; isn't that right?

MS. HEARD: That's my experience of him.

MS. VASQUEZ: And Mr. Depp is always wearing rings, right, Ms. Heard?

MS. HEARD: That's my experience of him.

MS. VASQUEZ: And you've never known him not to wear these rings?

MS. HEARD: That's my experience, as he normally wore rings, yes.

MS. VASQUEZ: So Mr. Depp was wearing these big, chunky rings on every finger, every incident of abuse you've described to this jury, right?

MS. HEARD: I can't say for certain it was in every single incident.

MS. VASQUEZ: But you've never known him not to wear rings, right?

MS. HEARD: In general, my experience with Johnny is that he wears rings almost all the time.

MS. VASQUEZ: Ms. Heard, do you recall giving testimony in a deposition in this matter in January of this year?

MS. HEARD: I do.

MS. VASQUEZ: Can we please play from your deposition, day two, 512, page 512, lines 11 through 15.

[STAGE DIRECTION]: (Whereupon, the following audio recording was played.)

MS. VASQUEZ: You said he hit you and he -- he was wearing rings, right, Ms. Heard? So he hit you with rings on every finger?

MS. HEARD: I don't know if I've ever known Johnny to not wear rings.

MS. VASQUEZ: Ms. Heard, you testified to an incident in March of 2013 where Mr. Depp hit you in the face multiple times.

MS. VASQUEZ: Do you recall that?

MS. HEARD: That's correct.

MS. VASQUEZ: And you testified "you don't know how many times he hit you in the face"?

MS. HEARD: That's correct.

MS. VASQUEZ: So, Mr. Depp hit you in the face multiple times while he was wearing rings on this occasion, correct?

MS. HEARD: Which occasion in March are you I! referencing? You weren't specific.

MS. VASQUEZ: The testimony that you gave on day 15 of this trial. March of 2013. You weren't specific as to the date.

MS. HEARD: There were several incidents.

MS. VASQUEZ: The one where he hit you several times in the face.

MS. HEARD: There were several - sorry, just so I understand better. There were several incidents in March. Which one are you asking me about?

MS. VASQUEZ: The time when he hit you several times in the face wearing rings.

MS. HEARD: Well, he pretty much -

MS. VASQUEZ: March of 2013.

MS. HEARD: Right. What are you asking me? I'm sorry.

MS. VASQUEZ: He was wearing rings on that occasion?

MS. HEARD: I pretty much always knew him to wear rings.

MS. VASQUEZ: Let's, please, pull up Defendant's 170A, which is already in evidence, Your Honor.

MS. VASQUEZ: You testified this is a picture you took after that incident, right, Ms. Heard?

MS. HEARD: Yes. That was one that he grabbed me.

MS. VASQUEZ: And hit you in the face so many times Is that you don't remember.

MS. VASQUEZ: Isn't that correct?

MS. HEARD: That's correct.

MS. VASQUEZ: And there's no injuries to your face in this picture, are there?

MS. HEARD: Not that this picture shows.

MS. VASQUEZ: And there's no medical records reflecting that you sought treatment after this alleged incident either?

MS. HEARD: I did not seek medical treatment at this time.

MS. VASQUEZ: So there's no medical records reflecting any injuries to your face after he hit you several times? -19

MS. HEARD: I did not need to go to the doctor at the time.

MS. VASQUEZ: Despite hitting you several times that you lost count, with rings on your finger on his fingers?

MS. HEARD: That's correct. I did not seek medical attention, other than my therapist.

MS. VASQUEZ: You testified to another incident in March of 2013 where Mr. Depp hit you while he was wearing a lot of rings.

MS. VASQUEZ: Do you remember that testimony?

MS. HEARD: Yes, ma'am

MS. VASQUEZ: And you testified you felt like your lip went through your teeth and it got a little blood on the wall?

MS. HEARD: Yes. I remember that.

MS. VASQUEZ: There isn't a picture of you with injuries after that alleged incident, is there?

MS. HEARD: I don't know if I've seen one. I can't recall. There are a lot of pictures.

MS. VASQUEZ: You didn't produce any photographs after that alleged incident, did you, Ms. Heard?

MS. HEARD: I don't know if I took one or if it's included I'm not quite sure which ones.

MS. VASQUEZ: You didn't show any pictures to this jury after describing that alleged incident that your teeth, your lip went into your teeth, you don't remember that -- you don't show any pictures to this jury after describing that incident, right?

MS. HEARD: I don't believe I've seen that picture admitted.

MS. VASQUEZ: That picture doesn't exist?

MS. HEARD: I don't know which one you're talking about. There were - we have pictures from March 2013, yes.

MS. VASQUEZ: The only picture that you've produced and shown to this jury is the one that was just put up on the screen where you said he hit you multiple times in the face and you appear to have what is a bruise on your ann, correct?

MS. HEARD: I believe this is the only picture that's in evidence right now.

MS. VASQUEZ: That's the only picture you've shown to this jury from March 2013, correct?

MS. HEARD: I believe so.

MS. VASQUEZ: You testified about an incident in Russia on or about June 26th, 2013.

MS. VASQUEZ: Do you remember that?

MS. HEARD: Yes, that's correct.

MS. VASQUEZ: And you testified that Mr. Depp "whacked you in the face"?

MS. HEARD: That's correct.

MS. VASQUEZ: And you went to the bathroom after that, right? IS

MS. HEARD: I did.

MS. VASQUEZ: And then, according to your testimony, when you came out of the bathroom, Jerry Judge, Mr. Depp's security guard who passed away, pointed , out that your nose was bleeding, right?

MS. HEARD: He did that in the hallway.

MS. VASQUEZ: You said you hadn't known that your nose was bleeding until Jerry Judge pointed it out to you?

MS. HEARD: Yes, that's correct. I was unaware 1118 until he brought it up to me. I didn't see it when I was in the bathroom, but I wasn't looking. ,20

MS. VASQUEZ: So it's your testimony that you went into the bathroom and didn't look in the mirror, which I assume was in the bathroom, to notice that your nose was bleeding?

MS. HEARD: That's not why I went into the bathroom I went into the bathroom crying. I don't even know if I paid attention to the mirror. i I certainly didn't enough to notice any blood

MS. VASQUEZ: You didn't take any pictures of your b bloody nose either, did you?

MS. HEARD: I did not.

MS. VASQUEZ: The pictures were taken of you in ! Russia, though; isn't that correct? ,11

MS. HEARD: Yes, that's correct. We had a press - ! a dinner.

MS. VASQUEZ: Let's, please, pull up ! Plaintiffs exhibit 1248.

MS. VASQUEZ: Ms. Heard, this is a picture of you and Mr. Depp, correct?

MS. VASQUEZ: I'm going to move to I admit.

MS. BREDEHOFT: No objection.

THE COURT: All right. No objection. 1248 in evidence. You can publish.

MS. VASQUEZ: And this is you and Mr. Depp in Russia for the Lone Ranger premiere, correct?

MS. HEARD: It was a dinner function, I believe, in promotion of the movie. It wasn't a premiere, if I recall.

MS. VASQUEZ: You don't have any visual injuries to your face, do you?

MS. HEARD: None that you can see.

MS. VASQUEZ: Let's look at Plaintiffs IO exhibit 1249.

MS. VASQUEZ: This is a picture of you, isn't it, right?

MS. HEARD: That's correct

MS. VASQUEZ: I'm going to move to admit.

MS. BREDEHOFT: No objection.

MS. VASQUEZ: Exhibit 1249.

THE COURT: All right. 1249 in evidence.

MS. VASQUEZ: This is also a picture from when you were in Russia for the Lone Ranger premiere, right? right?

MS. HEARD: That's correct.

MS. VASQUEZ: You have no visible injuries to your face, do you?

MS. HEARD: None that you can see.

MS. VASQUEZ: Even though Mr. Depp whacked you in the face so hard that your nose bled?

MS. HEARD: He did.

MS. VASQUEZ: While wearing chunky, big rings, right?

MS. HEARD: That's correct.

MS. VASQUEZ: You also testified that Mr. Depp, again, whacked you in the face after the Met Gala in May of 2014, right?

MS. HEARD: That is correct.

MS. VASQUEZ: You testified that you thought he hit you so hard he broke your nose?

MS. HEARD: That's correct.

MS. VASQUEZ: And said your nose was "swollen, discolored, red"?

MS. HEARD: That is correct. I took a picture of that.

MS. VASQUEZ: You testified you took a picture of your face after this? May 16, 2022 1 I

MS. HEARD: I did.

MS. VASQUEZ: But you didn't show that picture to this jury, did you?

MS. HEARD: I would like to.

MS. VASQUEZ: But you didn't show it, did you?

MS. HEARD: That's not up to me.

MS. VASQUEZ: You understand you were under an obligation to produce all photographs after any alleged incident of violence, right, Ms. Heard?

MS. HEARD: I produced everything.

MS. VASQUEZ: You didn't produce any photographs after the Met Gala?

MS. HEARD: I produced everything.

MS. VASQUEZ: You also understand that you're under an ob ligation to produce all medical records reflecting any injuries you allegedly sustained from Mr. Depp, correct?

MS. HEARD: That's correct.

MS. VASQUEZ: And you haven't produced any pictures or any medical records reflecting a broken nose after the Met Gala in May of 2014, have you?

MS. HEARD: I have given everything to my lawyers.

MS. HEARD: I have given everything to my lawyers.

MS. HEARD: Everything. I turned over literally everything that I have.

MS. VASQUEZ: Is it your testimony, Ms. Heard, that you sought medical treatment after Mr. Depp allegedly broke your nose after the Met Gala?

MS. HEARD: Not after the Met Gala. I did not seek medical attention, no.

MS. VASQUEZ: You also attended an event after the ! Met Gala in May of 2014, didn't you?

MS. HEARD: That's correct

MS. VASQUEZ: You went to the All-Star Comedy Tribute to Don Rickles?

MS. HEARD: That is correct.

MS. VASQUEZ: That was the next night after the Met Gala?

MS. HEARD: That is correct.

MS. VASQUEZ: And there were pictures of you taken at this event?

MS. HEARD: Yes.

MS. VASQUEZ: Let's, please, pull up Plaintiffs Exhibit 1252.

MS. VASQUEZ: This is a picture of you, Ms. Heard?

MS. HEARD: Yes, it is.

MS. VASQUEZ: At that event?

MS. HEARD: Yes, it is.

MS. VASQUEZ: The night after the Met Gala?

MS. HEARD: Yes, it is.

MS. VASQUEZ: The night after Mr. Depp allegedly broke your nose?

MS. HEARD: I'm not sure if it's broken, for the record. Yeah, you should see what I look like underneath the makeup.

MS. VASQUEZ: He whacked you so hard in your face you thought you had broken your nose?

MS. HEARD: Exactly.

MS. VASQUEZ: Permission to admit the photograph.

MS. BREDEHOFT: No objection.

THE COURT: All right. 1252 in evidence.

MS. VASQUEZ: This is a picture of you, Mr. Depp, and Don Rickles, right?

MS. HEARD: That is correct. J 97 0

MS. VASQUEZ: Let's, please, pull up Plaintiffs exhibit 1253.

MS. VASQUEZ: This is another picture from that evening, right, Ms. Heard?

MS. HEARD: Yes, it is.

MS. VASQUEZ: Permission to admit exhibit 1253 and publish it.

MS. BREDEHOFT: No objection.

THE COURT: All right. So moved. 1253

MS. VASQUEZ: This is a picture of you and Mr. Depp O at the event the night after Mr. Depp allegedly whacked you in the face so hard that you thought he had broken your nose?

MS. HEARD: He did whack me in the face, and I did think it broke my nose.

MS. VASQUEZ: And this is you the night after?

MS. HEARD: Yes,it is.

MS. VASQUEZ: Let's, please, pull up Plaintiffs exhibit 1254.

MS. VASQUEZ: This is also a picture of you at the same event, correct, Ms. Heard?

MS. HEARD: That is correct.

MS. VASQUEZ: Move to admit Plaintiffs PLANE , exhibit 1254

MS. BREDEHOFT: No objection.

THE COURT: All right. 1254 in evidence. You may publish. Thank you.

MS. VASQUEZ: Just to confirm, the jury can see it, this is a picture of you at the same event, the night after Mr. Depp allegedly whacked you in your Is face so hard you thought he broke your nose?

MS. HEARD: This is a picture of me after he did whack me in the face.

MS. VASQUEZ: The night after, right?

MS. HEARD: Yes, it is. I believe it was the night after, yes.

MS. VASQUEZ: Your nose doesn't appear to be injured in any of these pictures, does it, Ms. Heard?

MS. HEARD: I'm wearing makeup.

MS. VASQUEZ: Your nose doesn't appear to be injured ! 18 in any of these pictures, does it, Ms. Heard?

MS. HEARD: That's why I'm wearing makeup.

MS. VASQUEZ: Right. And makeup covers up swelling, right?

MS. HEARD: Makeup will not cover up swelling. Ice I I will, though.

MS. VASQUEZ: Ice will cover up swelling? .3

MS. HEARD: Ice reduces swelling. Normally, the swelling, after that kind of injury, is not as bad as you might imagine. And for me, it wasn't that bad. I have a picture of it underneath the makeup, that's how I know how to reference it. This picture you haven't produced or shown to this jury -- I did.

MS. VASQUEZ: Right, Ms. Heard?

MS. HEARD: I produced everything.

MS. VASQUEZ: But you haven't shown it to this jury?

MS. HEARD: I would very much like to. It's not my job.

MS. VASQUEZ: Your Honor, may we approach?

THE COURT: Yes. That's fine.

[STAGE DIRECTION]: (Sidebar.)

MS. VASQUEZ: Your Honor, she's characterizing that she's producing photographs I that haven't been --

THE COURT: Is this your photograph?

MS. VASQUEZ: There are photographs that haven't been produced?

THE COURT: She said there's a photo. direct :Z: It wasn't listed in any

MS. BREDEHOFT: First of all, we have a Motion in Limine, court ordered, that we don't bring up discovery issues without first checking with the Court.

MS. BREDEHOFT: Second of all, Your Honor, I don't know whether we -- we have a lot of pictures that came in through the -- through the investigation -- you know, going into all the devices, and Your Honor has ruled we can't put any of them in. I don't know if it's one of those or not. We certainly have been diligent in producing everything we have, but there certainly are injuries that we didn't find earlier that came in through that last device. So I don't know the answer to that. And those prohibited me from introducing a lot.

THE COURT: No. I'm asking this COU : No. as g t s question. Is there a picture of her that she just testified that she said there's a picture that she gave you guys that has the nose?

MS. BREDEHOFT: I don't know, Your Honor. I don't know. There's a lot of pictures.

THE COURT: I know. But if there's no picture, I have issue with that.

MS. BREDEHOFT: The answer is, I don't know whether she does or not. There are -- I mean, there are so many pictures. There's no way for me to just know that.

MS. VASQUEZ: Not for you. But she should be able to know that.

THE COURT: Okay. I just don't know. I mean ...

MS. BREDEHOFT: I mean, there's nothing I can do about it. She can testify.

MS. VASQUEZ: I think she should be prohibited from testifying.

MS. BREDEHOFT: I don't think she can be prohibited. She's asking her questions.

THE COURT: Right.

MS. BREDEHOFT: I don't know the answer to those. She's answering whatever she is. I can't be responsible for knowing thousands of pictures. We're talking -- if you don't know if it exists, and it doesn't go to this jury --

MS. BREDEHOFT: I can go back tonight and look, Your Honor, but I don't know the answer.

THE COURT: I understand that. That's not the problem She keeps --

MS. BREDEHOFT: There are thousands of documents.

THE COURT: She keeps commenting on the evidence or lack of evidence. I understand she I asked the question. There wasn't anything. But I 1 s the answer is there isn't. But she keeps saying there are pictures.

MS. BREDEHOFT: I understand. She's asking her if there are pictures, which is actually a violation of the court order on the Motion in Limine.

THE COURT: That's not a violation of the court order.

MS. BREDEHOFT: It is. I don't think Your Honor can prohibit her from testifying that ! 6 she has them

MS. VASQUEZ: That's not what she's Is saying.

THE COURT: She's saying they exist.

MS. BREDEHOFT: I understand that. And I'm telling you, under oath, I, as an officer of this court, I don't know -- there are more than a hundred thousand of pictures that came out of that, and we had a bunch of them we put into evidence after they went through that process. And Your Honor ruled they can't come in. So there may well be.

THE COURT: All right.

MS. BREDEHOFT: Maybe the ones we're not allowed to get in.

MS. VASQUEZ: I would like some type of instruction, Your Honor, that she's not to comment on pictures -- she's testifying that there are pictures that exist.

THE COURT: But you asked the question.

MS. BREDEHOFT: But she opened up the door.

THE COURT: No, she didn't open the door.

MS. VASQUEZ: No, they haven't been produced, Your Honor, and that's the problem here. They weren't produced.

THE COURT: On time.

MS. VASQUEZ: They weren't produced on time in the discovery period.

THE COURT: Right.

MS. VASQUEZ: So I don't think she should be allowed to comment on whether or not the pictures exist and whether she turned them over and they're part of this trial.

MS. BREDEHOFT: She's asked whether they exist and she now knows they exist because they came through that-- she can answer that honestly. You can't prohibit her from responding, y p p g under oath, to a question that she posed to her. We can't prohibit that.

THE COURT: This is what we'll do: Going forward, we'll ask the question. If she says they exist, that kind of opens to door to her talking about discovery issues.

MS. VASQUEZ: Right.

THE COURT: You didn't turn them over in time.

MS. VASQUEZ: Correct.

THE COURT: I mean, she can go into that if you want to. You don't even know if those pictures exist.

MS. VASQUEZ: The other problem I have, Your Honor, is the only picture that Ms. Bredehoft, in direct examination, tried to

MS. BREDEHOFT: I intended to put in a lot more. But when Your Honor ruled I couldn't --

THE COURT: I understand. I understand. I think we're going in circles now. You're kind of stuck with her answers now, but you can go further into discovery issues, if you want to. I don't know what her response will be. If you need a jury instruction later on, we'll instruct that at jury instructions, okay?

MS. VASQUEZ: Thank you very much.

MS. BREDEHOFT: Thank you.

THE COURT: Okay.

[STAGE DIRECTION]: ( Open court.)

[SECTION HEADER]: BY MS. VASQUEZ:

MS. VASQUEZ: Ms. Heard, you testified that in January of 2015, there was an incident in Tokyo before Mr. Depp's Mortdecai, the film Mortdecai's I premiere; is that correct? e 16

MS. HEARD: That's correct.

MS. VASQUEZ: You told this jury that on this occasion, Mr. Depp was kneeling on your back?

MS. HEARD: That's correct. In the closet. /20

MS. VASQUEZ: You also told this jury that you wore a backless dress to the Mortdecai premiere that very same night?

MS. HEARD: I did.

MS. VASQUEZ: On the way to the event to make sure that there were "no visible marks," right?

MS. HEARD: I was checking on my phone after the event to see - to make sure that nothing - you couldn't see anything.

MS. VASQUEZ: Your testimony was that you were checking in the car on the way to the event to make sure that there were no marks on your back?

MS. HEARD: Perhaps I misspoke or misunderstood. It was on the way back. It was after I was concerned. After, you know, concern that there would be marks in any photographs, since we were being photographed at Johnny's press event

MS. VASQUEZ: You didn't show this jury a picture of you in that backless dress, though, did you?

MS. HEARD: I don't know what you mean. I'm sorry.

MS. VASQUEZ: You didn't show this jury a picture of you at the Mortdecai premiere wearing a backless dress, did you?

MS. HEARD: I haven't had an opportunity to.

MS. VASQUEZ: Okay.

MS. HEARD: I assume you have it.

MS. VASQUEZ: I do.

MS. VASQUEZ: Let's please pull up Plaintiffs Exhibit 1256.

MS. VASQUEZ: This is a picture of you and Mr. Depp, or the back of you, at the Mortdecai premiere in Tokyo, correct, Ms. Heard?

MS. HEARD: That is correct.

MS. VASQUEZ: Your Honor, I move to admit and publish this picture.

MS. BREDEHOFT: No objection.

THE COURT: All right. 1256 in evidence.

MS. VASQUEZ: This is you in the backless dress at the Mortdecai premiere in Tokyo, right?

MS. HEARD: That is correct.

MS. VASQUEZ: And you would agree that there are no bruises or visible marks on your back in this picture?

MS. HEARD: Not that I could see.

MS. VASQUEZ: I'll show you one other photo.

MS. VASQUEZ: If we could, please, have Plaintiff's Exhibit 1257.

MS. VASQUEZ: This is a front-angle picture of you and Mr. Depp at that premiere, correct?

MS. HEARD: That is correct.

MS. VASQUEZ: Move to admit Plaintiff's Exhibit 1257.

MS. BREDEHOFT: No objection.

THE COURT: All right. 1257 admitted.

MS. VASQUEZ: I'll show you one more picture.

MS. VASQUEZ: Plaintiff's Exhibit 1258.

MS. VASQUEZ: And, again, Ms. Heard, this is you and Mr. Depp at the Mortdecai premiere?

MS. HEARD: Yes, it is.

MS. VASQUEZ: Move to admit Plaintiff's Exhibit 1258.

MS. BREDEHOFT: No objection.

THE COURT: All right. 1258 in evidence. Publish.

MS. VASQUEZ: And that's the backless dress, correct, Ms. Heard?

MS. HEARD: That is correct.

MS. VASQUEZ: You also told this jury about an incident in Australia in March of 2015.

MS. HEARD: Yes, that's correct.

MS. VASQUEZ: You testified that after this alleged incident, you had cuts on your forearms, right?

MS. HEARD: Yes. That's true.

MS. VASQUEZ: You testified that you had cuts on the ;9 bottoms of your feet as well?

MS. HEARD: Yes, that's true.

MS. VASQUEZ: And you testified that you had a bruise across your jaw from when Mr. Depp "clocked you in the face"?

MS. HEARD: That's true.

MS. VASQUEZ: You didn't take any pictures of these injuries while you were in Australia, did you?

MS. HEARD: I don't think - no, I don't think I 1118 took any pictures.

MS. VASQUEZ: You just took two pictures of /20 Mr. Depp's writing on a mirror; isn't that right?

MS. HEARD: I believe so, yes.

MS. VASQUEZ: So you had your phone on you, right?

MS. HEARD: At some point, I did have my phone.

MS. VASQUEZ: And your iPad?

MS. HEARD: I had my iPad, I believe.

MS. VASQUEZ: And you testified that you were also raped with a liquor bottle in Australia, right, Ms. Heard?

MS. HEARD: Yes.

MS. VASQUEZ: You testified you bled from your vagina as a result of that sexual assault?

MS. HEARD: Yes.

MS. VASQUEZ: There aren't any medical records reflecting that you sought medical treatment for any of these injuries, are there? .14

MS. HEARD: I did not seek medical treatment after Australia, no.

MS. VASQUEZ: Not for the rape?

MS. HEARD: No. I did not want to tell anyone.

MS. VASQUEZ: Not for the cuts?

MS. VASQUEZ: Not for the injuries to your face?

MS. HEARD: I didn't need to.

MS. VASQUEZ: You also told the jury about an incident on December 15th, 2015, right?

MS. HEARD: Where, I'm sorry?

MS. VASQUEZ: December 15th, 2015?

MS. HEARD: Yes, that's correct.

MS. VASQUEZ: You told this jury that after this incident, you had a broken nose?

MS. HEARD: It certainly felt like it.

MS. VASQUEZ: Ms. Heard, do you recall giving testimony on day 16 in this trial? You were under oath, right?

MS. HEARD: Yes.

MS. VASQUEZ: Let me have the transcript for the jury-- excuse me. For the witness.

MS. BREDEHOFT: You Honor, if she is going to impeach, I would like a copy of it.

THE COURT: All right. We will get it.

MS. VASQUEZ: May I approach the witness, Your Honor?

THE COURT: Yes, ma'am.

MS. VASQUEZ: And would you like a copy also?

THE COURT: Yes, please.

MS. VASQUEZ: Okay.

MS. VASQUEZ: If I can, please, direct your attention, Ms. Heard, to page, of day 16, 4593 of the jury trial's transcript. Lines 8 through 13.

MS. HEARD: On which page, I'm sorry?

MS. HEARD: Yes.

MS. VASQUEZ: Starting on line 8. "I thought I probably had a concussion and certainly thought" -- excuse me, strike that. Let's start over.

MS. VASQUEZ: "Answer: I thought I had -- I thought I probably had a concussion and certainly that I had a broken nose. There was blood everywhere, blood all over the pillows, my head was bleeding from the ripped out hair, chunks of hair on the floor, all over the place, actually."

MS. VASQUEZ: So, line 9, "that I had a broken nose."

MS. VASQUEZ: Do you recall giving that testimony, Ms. Heard?

MS. HEARD: Yes, exactly.

MS. VASQUEZ: So you had a broken nose, right?

MS. HEARD: That's absolutely what I thought.

MS. VASQUEZ: And you told this jury that you had two black eyes after this incident, right? 5

MS. HEARD: I did have two black eyes after that incident.

MS. VASQUEZ: And you testified that you also had a Is busted lip from when Mr. Depp punched you?

MS. HEARD: That is correct. From December, yes, that's correct.

MS. VASQUEZ: You testified that the lip wound kept reopening when you moved your mouth?

MS. HEARD: That's correct.

MS. VASQUEZ: You also testified that you had bruising on your temple?

MS. HEARD: That's correct.

MS. VASQUEZ: And bruising on your chin? Its

MS. HEARD: Correct.

MS. VASQUEZ: You also testified that your head was bleeding from where Mr. Depp ripped chunks of your hair out?

MS. HEARD: I remember, yes.

MS. VASQUEZ: And that you had "gross, pussy" bruising around your temple?

MS. HEARD: In my scalp, yes.

MS. VASQUEZ: And for this incident, you did take pictures, correct?

MS. HEARD: That's correct.

MS. VASQUEZ: And we will look at some of those in a minute. But I, first, want to talk to you about your appearance on the James Corden show?

MS. HEARD: Sure. Can I close this?

MS. VASQUEZ: Sure. You appear on the James Corden show the day after this alleged incident, right?

MS. HEARD: I did.

MS. VASQUEZ: And that was December 16th, 2015?

MS. HEARD: Yes, that's correct.

MS. VASQUEZ: Let's, please, pull up a clip of your appearance from that evening, if we could, Plaintiffs Exhibit 35. And for the record, we will only play a portion of this, so we will call it Plaintiffs Exhibit 35A.

THE COURT: All right. Any objection?

MS. BREDEHOFT: No, Your Honor.

THE COURT: 35A in evidence.

[STAGE DIRECTION]: (Whereupon, the following video was played.)

MS. HEARD: I grew up in Texas, riding horses.

CORDEN: Oh, really? Not a big ballet community out there in Texas?

MS. HEARD: No, no, not so much. Shooting guns, yes, but ballet, no. I wanted to O train for it and there were some ballet sequences that we wanted to have the option to incorporate into the movie. So I trained forever. I have two left feet. I'm the most klutzy person in the world. I have no, what do you call it? Grace.

MS. VASQUEZ: Your Honor, so sorry, but it's not published to the jury. If we may have it, please, published.

THE COURT: Okay. Thank you.

MS. VASQUEZ: Apologies. If we could start that over.

THE COURT: Start over. Apologies.

THE COURT: (Whereupon, the following video was( p , g played.)

MS. HEARD: I grew up in Texas, riding horses.

CORDEN: Oh, really? Not a big ballet community out there in Texas?

MS. HEARD: No, no, not so much. Shooting guns, yes, but ballet, no. I wanted to train for it and there were some ballet sequences that we wanted to have the option to incorporate into the movie. So I trained forever. I have two left feet. I'm the most klutzy person in the world. I have no, what do you call it? Grace.

MS. HEARD: So I knew I had to train for it. And what they don't tell you -- I mean, and I crammed about three months of solid training in, and I'm kind of, like, working my way up from the floor and learning the technical aspect of ballet. And I've got these dances down, technically perfectly, learning all the movements, but the last thing we get to are the hands. And I haven't yet got to that point, but everything else is working, and I'm acting it up on my face. I'm selling the ballet. And I think I'm doing really good at this point, kind of nailing it. And so, I send videos and images to my friends so I can get encouragement and their support, and everyone shoots back, what's with the claw hand? And I look, and I realize all the stress and fear of performing and doing this thing, it just kind of, like, funneled out through the one thing that I hadn't, yet, mastered.

CORDEN: So what were your hands doing?

MS. HEARD: So I was doing some amazing, like, a jump, like a backbend. You can see this, like, graceful falling, and my hands are like (indicating). And my face, though, is like I've got that, you saw in the clip, like this beautiful 1920s, you know, stage makeup on and, like, flower crowns, all this stuff, and then my hand and my face, and then my hands.

[STAGE DIRECTION]: (Whereupon, the video ended.)

MS. HEARD: BY MS. VASQUEZ:

MS. VASQUEZ: That was you on the James Corden show on December 15th, 2015, right, Ms. Heard?

MS. HEARD: That was.

MS. VASQUEZ: Let's, please, pull up l Plaintiffs exhibit 98.

MS. VASQUEZ: These are pictures of you on the James Corden show on December 16th, 2015, right, Ms. Heard?

MS. HEARD: They look like freeze frames, like, screen grabs, stills. They're not, like, a photo shoot, it doesn't seem

MS. VASQUEZ: But on the James Corden show, correct?

MS. HEARD: From that appearance, yes.

MS. VASQUEZ: Move to admit and publish Plaintiffs Exhibit 98.

THE COURT: Any objection?

MS. BREDEHOFT: No objection, Your Honor.

THE COURT: Ms. Bredehoft, if you can move your microphone and turn it on. Judy and I are having trouble hearing you.

MS. BREDEHOFT: Apologies.

THE COURT: Okay. 98 in evidence. Thank you.

MS. VASQUEZ: That's a photo of you opening your mouth, on the right, right?

MS. HEARD: That's correct.

MS. VASQUEZ: Again, a larger view of the same photo on the bottom?

MS. HEARD: That's correct.

MS. VASQUEZ: With a split lip?

MS. HEARD: Seeing pictures of it without makeup, yes.

MS. VASQUEZ: So you had a split lip when you were moving your mouth that way --

MS. HEARD: I sure did.

MS. VASQUEZ: In those photographs?

MS. HEARD: Absolutely.

MS. VASQUEZ: Okay. You did take pictures of your alleged injuries after December 15th, correct? You showed those to this jury?

MS. HEARD: I sure did, yes.

MS. VASQUEZ: Okay.

MS. VASQUEZ: Let's, please, pull up Defendant's Exhibit 516, which is already in, y evidence.

MS. VASQUEZ: You testified that this is a picture of you after the incident on December 15th, 2015, right?

MS. HEARD: It was.

MS. VASQUEZ: If we could also, please, pull up Defendant's exhibit 517, which is also in evidence.

THE COURT: It's up.

MS. VASQUEZ: Thank you, Your Honor.

MS. VASQUEZ: This is also a picture of you after the incident on December 15, 2015?

MS. HEARD: That's correct.

MS. VASQUEZ: If we could, please, pull up Plaintiffs exhibit 409, which is already in evidence.

MS. VASQUEZ: These pictures ended up in People magazine in June of 2016; isn't that right, Ms. Heard?

MS. HEARD: That's correct.

MS. VASQUEZ: You gave these pictures to People Magazine after you publicly accused Mr. Depp of I domestic abuse, didn't you?

MS. HEARD: I didn't personally, no.

MS. VASQUEZ: This was you protecting Mr. Depp after you got the restraining order against him, isn't it?

MS. HEARD: No, this is him calling me a liar and <17 me forcing to prove it, as I mentioned to you earlier?

MS. VASQUEZ: So you did give these pictures to People Magazine.

MS. HEARD: No, I gave these pictures, actually, to my lawyers and my representatives at the time.

MS. VASQUEZ: So it's your testimony, Ms. Heard, that ! 14 your lawyers and representatives gave these pictures of their client to People magazine in the middle of a contentious divorce?

MS. HEARD: I certainly did not personally give it,

MS. VASQUEZ: You also have a medical record from after the December 15th, 2015 incident, don't you?

MS. HEARD: Partial one, yes.

MS. VASQUEZ: You went to see Dr. Kipper's office a couple days later?

MS. HEARD: That's right. He wasn't in the office.

MS. VASQUEZ: Can we, please, pull up Plaintiffs Exhibit 47, which is already in < evidence.

MS. VASQUEZ: This is your medical record for December 17th, 2015, isn't it, Ms. Heard?

MS. HEARD: That's correct.

MS. VASQUEZ: And this record doesn't document any physical injuries on you, does it?

MS. HEARD: I don't think, no. I don't think I spoke to Kipper. I didn't speak to Kipper that day.

MS. VASQUEZ: And you went to Dr. Kipper's office and were seen, correct?

MS. HEARD: I went to Dr. Kipper's office for a concussion check.

MS. VASQUEZ: Right. And this medical record is from that visit, correct?

MS. HEARD: Partially, yes.

MS. VASQUEZ: Scroll down, please, if we could.

MS. VASQUEZ: The signature, Kipper, down below, this is the entirety of the medical record, right, Ms. Heard?

MS. HEARD: Yes. What I meant by partial is I didn't talk about what happened to me. I didn't get into my injuries. I didn't get into what happened or ask for anything other than should I get some sort of scan done.

MS. VASQUEZ: But this document doesn't document any physical injuries on you, does it?

MS. HEARD: I'd have to read it in full, but I don't know.

MS. VASQUEZ: Well, let's do that.

MS. VASQUEZ: If we could, please, go --

MS. VASQUEZ: Under skin, on the second page, it reads intact, normal color, moisture, hair distribution, texture, turgor, no signs of -- oh, this is going to be hard, cyanosis, mildly jaundiced?

MS. HEARD: It also says a malnourished male.

MS. VASQUEZ: Right. I have no idea what that means.

MS. HEARD: I think this medical record is missing a lot of things.

MS. VASQUEZ: Yeah, but it doesn't document any physical injuries?

MS. HEARD: Doesn't seem to be documenting anything.

MS. VASQUEZ: Probably because there was nothing to document, right, Ms. Heard?

MS. HEARD: I disagree with you on that.

MS. VASQUEZ: You don't have any medical records reflecting that you broke your nose during your relationship with Mr. Depp, do you?

MS. HEARD: I saw an ENT after my relationship ended.

MS. VASQUEZ: And you saw an -- it's your testimony, under oath, that you saw an ENT for a broken nose that you sustained as a result of Mr. Depp?

MS. HEARD: No, but the ENT told me I sustained a fracture.

MS. VASQUEZ: Objection. I move to strike.

THE COURT: I'll sustain the objection. I'll move to strike.

MS. VASQUEZ: Thank you.

MS. VASQUEZ: So, again, just to try my question.

MS. VASQUEZ: There's no medical records reflecting that you broke your nose during your relationship with Mr. Depp, is there, Ms. Heard?

MS. HEARD: I don't know what made it in evidence. But I do know that I documented that visit and that everything was given to my attorneys. I u

MS. VASQUEZ: Ms. Heard, you never went to see any doctor or surgeon to treat a broken nose during your relationship with Mr. Depp, yes or no?

MS. HEARD: I never sought treatment for a broken nose while I was with Johnny.

MS. VASQUEZ: Or after you were with Mr. Depp, as a result of any injuries you sustained as a result of Mr. Depp?

MS. HEARD: Afterwards, yes, I did.

MS. VASQUEZ: And you didn't produce those medical records in this case?

MS. BREDEHOFT: I'm going to object, I I so Your Honor. She did.

MS. HEARD: I did

THE COURT: I don't know.

MS. VASQUEZ: They have not been produced, Your Honor.

MS. BREDEHOFT: Not only have they been produced --

THE COURT: Approach.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: Medical records.

MS. BREDEHOFT: They absolutely were produced.

MS. BREDEHOFT: I can guarantee they were. We'll find them tonight. It's in the record. We didn't admit them because Your Honor won't let us have any medical records that are hearsay.

THE COURT: Right.

MS. BREDEHOFT: So we can't put them in, which I think they opened the door, so we should.

THE COURT: I don't know about that.

MS. VASQUEZ: I have never seen any medical records that she went to see an ENT.

MS. BREDEHOFT: I'm 100 percent certain we produced them I guarantee we produced those.

MS. VASQUEZ: Well, she also hasn't tried to introduce them in this case.

MS. BREDEHOFT: Because Your Honor ruled we can't.

THE COURT: It doesn't matter to me. I just want to understand. You asked the question, you're stuck with her answer, so let's move forward now.

MS. VASQUEZ: Okay. Thank you.

MS. BREDEHOFT: Thank you.

[STAGE DIRECTION]: (Open court.)

MS. VASQUEZ: BY MS. VASQUEZ:

MS. VASQUEZ: You don't have any medical records reflecting that you required any dental work during your relationship with Mr. Depp, do you?

MS. HEARD: I don't know. I don't recall.

MS. VASQUEZ: You don't recall, one way or another, I seeking dental care for any injuries you allegedly sustained?

MS. HEARD: You asked me about if I had produced records or if I had records. That's a different question.

MS. VASQUEZ: Did you ever see a dentist or an oral surgeon as a result of any injuries you sustained with Mr. Depp?

MS. HEARD: Not about any injury I had from Johnny, no.

MS. VASQUEZ: And you don't have any medical records reflecting that you required any reconstructive work during your relationship with Mr. Depp, do you?

MS. HEARD: I never required reconstructive work, so there would be no records.

MS. VASQUEZ: What you do have, Ms. Heard, are pictures of Mr. Depp sleeping though, right, the jury saw a lot of those?

MS. HEARD: Yes.

MS. VASQUEZ: Ms. Heard, let's take a look at Defendant's Exhibit 1090, which is already in evidence.

MS. VASQUEZ: You took this photograph, right, Ms. Heard?

MS. HEARD: That's correct.

MS. VASQUEZ: You testified this was taken in Tokyo in July of 2013, correct?

MS. HEARD: Yes.

MS. VASQUEZ: So you decided to take a picture of , Mr. Depp asleep on the floor?

MS. HEARD: He was passed out.

MS. VASQUEZ: That's a yes?

MS. HEARD: I took a picture of him because he wouldn't remember. He claimed he didn't pass out 114 that way, and sometimes security would carry him, like a baby, into bed, get him changed, and he would be none the wiser. So I started taking pictures of it so that he knew that it was real. That it had gotten this bad.

MS. VASQUEZ: Let's take a look at Defendant's Exhibit 1091, which is already in evidence.

MS. VASQUEZ: You took this picture as well?

MS. HEARD: Yes.

MS. VASQUEZ: And this is the picture that was taken in the Bahamas, right?

MS. HEARD: That's one of them, yes.

MS. VASQUEZ: And this is a picture of Mr. Depp taking a nap on his tropical island?

MS. HEARD: I believe he was on the nod, but, as he would say.

MS. VASQUEZ: Sleeping, on the nod, on his island?

MS. HEARD: They're very different, in my opinion. And, yes, he is on the island.

MS. VASQUEZ: On vacation?

MS. HEARD: We were on vacation, yes.

MS. VASQUEZ: Let's also take a look at Defendant's Exhibit 1092, which is also in evidence.

MS. VASQUEZ: You also took this picture, right, Ms. Heard?

MS. HEARD: That's correct. I did.

MS. VASQUEZ: And this is another picture of Mr. Depp asleep in a chair?

MS. HEARD: No. He was nodding off. Sleep is different. When you're nodding off, you're high on drugs. He didn't even feel the cigarette in his hand that had been, you know, burning on his leg. Cause for alarm for me, naturally, because I cared about him.

MS. VASQUEZ: It's your testimony, under oath, that Mr. Depp is holding a cigarette in this picture?

MS. HEARD: He had been.

MS. VASQUEZ: You seem to really like taking pictures of Mr. Depp while he's sleeping, don't you?

MS. HEARD: I hated it. I hated it.

MS. VASQUEZ: Let's look at Defendant's exhibit 1094, which is also in evidence.

MS. VASQUEZ: You took this picture of Mr. Depp as well, didn't you?

MS. HEARD: I did.

MS. VASQUEZ: You decided to take a picture of Mr. Depp asleep with ice cream spilled all over him, right?

MS. HEARD: He was nodding off, and I was worried about how bad the medications and the medication changes and drug usage had gotten, where he wouldn't even feel ice cream or a lit cigarette on him, and it scared me.

MS. VASQUEZ: So you took a picture of it?

MS. HEARD: Yes. I wanted him to get help, and Johnny's strung by enablers, who clean up after him.

MS. VASQUEZ: Objection, Your Honor. I'm going to move to strike everything after yes, that she took this picture.

MS. BREDEHOFT: Still responsive, Your Honor.

MS. VASQUEZ: The question was, did you take this picture?

THE COURT: All right. I'll sustain the objection.

MS. VASQUEZ: Thank you, Your Honor.

MS. VASQUEZ: This isn't a very flattering picture of Mr. Depp, is it?

MS. HEARD: No, it's not.

MS. VASQUEZ: You wouldn't agree -- or you would agree with me that this is an embarrassing scene, right?

MS. HEARD: Yes. I think it's a part of getting help, is looking at it, seeing it.

MS. VASQUEZ: But you sent this picture to one of your friends, didn't you?

MS. HEARD: I don't recall.

MS. VASQUEZ: If we could, please, pull up Defendant's exhibit 252. We'll only be looking at a portion of this document, so if we could, please, call it Defendant's exhibit 252A.

THE COURT: All right. 252A.

MS. VASQUEZ: For ease, we've gone ahead and redacted it.

THE COURT: Okay.

MS. HEARD: Yes, I was asking for support. That's correct.

MS. VASQUEZ: There's no question, yet, Ms. Heard. So directing your attention -- !is

MS. VASQUEZ: I'm going to move to admit exhibit 252A.

THE COURT: Any objection? Any objection, Ms. Bredehoft?

THE COURT: Could you turn on your microphone ! again, I'm sorry. Thank you.

MS. BREDEHOFT: I need to see it first because I don't know what they redacted.

THE COURT: Okay. 252.

MS. VASQUEZ: We redacted the ! identifiers and anything that's not Ms. Beard's text messages, consistent with hearsay.

MS. BREDEHOFT: Your Honor, may we approach?

THE COURT: Okay.

[STAGE DIRECTION]: (Sidebar.)

MS. BREDEHOFT: Your Honor, you may recall that when we were putting our evidence in, they got to look at it and then talk about context. And they're trying to suggests here that she's just willy-nilly sending these pictures to embarrass him But the context here is this is to Rocky Pennington, and she's saying, "Are you guys okay?" And then Amber says, "Barely. I think I knocked on your door when you were at yoga, which is what -- this is what I've been dealing with," and then sends these pictures." So I think, in context, I think that has to come in because the context in which she's asking --

THE COURT: Again, context is not an exception to hearsay.

MS. BREDEHOFT: Well, Your Honor, allowed them to put in documents for context. The question to her is, she's suggesting that she's sending it to her to embarrass him. But, in fact, IO Rocky's asking her, and then she's coming back and saying she's asking how she's doing. She says barely. This what I've been dealing with.

THE COURT: So barely is coming in.

MS. VASQUEZ: Right.

THE COURT: All that coming in.

MS. VASQUEZ: Right.

THE COURT: Just which of you guys? Okay. Coming home now. I was at yoga.

MS. BREDEHOFT: And dealing should come in as well.

THE COURT: That's all in.

MS. VASQUEZ: That's all coming in. The only thing we're hoping to have --

THE COURT: All Amber's texts are coming in, correct? Just Ms. Pennington.

THE COURT: Okay?

MS. BREDEHOFT: Okay. So the still fighting is coming in as well?

THE COURT: Barely. I think I knocked on the door when you were at yoga. This is what I've been dealing with.

MS. BREDEHOFT: But if you go up the page before, this is still Amber.

THE COURT: That's not coming in at this point.

MS. VASQUEZ: It's been redacted.

MS. BREDEHOFT: Still fighting?

THE COURT: No. This is their evidence. This is all they want to bring in.

THE COURT: Any objection to what they're bringing in?

MS. BREDEHOFT: Yes, Your Honor, because it's not complete.

THE COURT: All right. Understand. Overruled. It comes in.

[STAGE DIRECTION]: (Open court.)

THE COURT: 252A in evidence. Over objection.

MS. VASQUEZ: If we could, please, have Is it published to the jury.

MS. VASQUEZ: Ms. Heard, does this refresh your recollection that you did, in fact, send this picture to your friend, Rocky Pennington?

MS. HEARD: Yes, I did.

MS. VASQUEZ: You sent it to her on August 7th, 2014, at 11:24p.m., correct?

MS. HEARD: That is correct.

MS. VASQUEZ: So you sent Ms. Pennington this picture of Mr. Depp with ice cream spilled on him, right?

MS. HEARD: That is correct.

MS. VASQUEZ: And you wrote "This is what I've been dealing with."

MS. VASQUEZ: Did I read that right?

MS. HEARD: You did read that right That's correct

MS. VASQUEZ: And this is you protecting Mr. Depp?

MS. HEARD: That is me getting support from my best friend.

MS. VASQUEZ: This is you supporting Mr. Depp?

MS. HEARD: This is me getting support from my best friend. I also need support.

MS. VASQUEZ: You weren't afraid the monster would get upset that you took this picture?

MS. HEARD: This was opiate Johnny. This is a different version of him. This is opiate, on-the-nod Johnny.

MS. VASQUEZ: And you weren't afraid that opiate Johnny or the monster, as you called him, would get upset that you sent this picture to your friends?

MS. HEARD: Well, he's all of those things. Of !is course he could get upset. Of course that's scary to me. Of course.

MS. VASQUEZ: But it didn't stop you from sending this picture to your friend, did it?

MS. HEARD: Why would it?

MS. VASQUEZ: Mr. Depp's hand, right hand, is in his pocket, right, Ms. Heard?

MS. HEARD: Yes.

MS. VASQUEZ: In this picture?

MS. HEARD: That's correct

MS. VASQUEZ: You also showed the jury pictures of cocaine.

MS. VASQUEZ: Do you recall that?

MS. HEARD: Yes. That's correct.

MS. VASQUEZ: Please take a look at one of those.

MS. VASQUEZ: If we could, please, pull up Defendant's Exhibit 167A, which is already in evidence.

MS. VASQUEZ: Directing your attention, Ms. Heard, to the photograph. This is a photograph you took in March of 2013, right?

MS. HEARD: That is correct.

MS. VASQUEZ: And this was taken at your apartment in Orange?

MS. HEARD: Yes.

MS. VASQUEZ: And this is your breakfast table?

MS. HEARD: That is correct.

MS. VASQUEZ: And it's your testimony that Mr. Depp left this breakfast table just the way you took it?

MS. HEARD: That is correct.

MS. VASQUEZ: So this is what the table looked like after Mr. Depp had been doing cocaine?

MS. HEARD: Well, clearly, he has yet to snort these lines.

MS. VASQUEZ: There are four lines of cocaine on this IO table, right, Ms. Heard?

MS. HEARD: In this picture, I see four lines.

MS. VASQUEZ: There isn't any cocaine residue around those four lines, right?

MS. HEARD: Not that I can tell, no.

MS. VASQUEZ: Doesn't really look like anyone's been doing cocaine off that table, does it?

MS. HEARD: With all due respect, I'm not sure you know how that works.

MS. VASQUEZ: I'm asking if you do. You've testified you've done cocaine.

MS. HEARD: I have.

MS. VASQUEZ: Doesn't really look like Mr. Depp or I anyone was doing cocaine off that table does it

MS. HEARD: I beg to differ with you on that. When you snort cocaine, typically, it goes into your nose, doesn't stay on the table.

MS. VASQUEZ: There's residue from that cocaine when , your lips and nose touch the table, right?

MS. HEARD: Well, the Tampon applicator next to the credit - I mean driver's license that you see is a device that, I believe, my sister had taught him O to use in order to put the cocaine in your nose.

MS. VASQUEZ: Mr. Depp was a pretty heavy smoker, right?

MS. HEARD: He is.

MS. VASQUEZ: And that's a cigarette in the ashtray I in the back there, back right?

MS. HEARD: Yes. It looks like one of his hand-rolleds.

MS. VASQUEZ: There's no other cigarettes in that I ashtray, are there?

MS. HEARD: I see one cigarette.

MS. VASQUEZ: The one that's not smoked?

MS. HEARD: That's correct.

MS. VASQUEZ: There's no ash in that ashtray either, is there?

MS. HEARD: Not that I can tell in this picture.

MS. VASQUEZ: It's pretty clean.

MS. HEARD: In this picture, it looks like it, yes.

MS. VASQUEZ: It's a pretty neat table, wouldn't you agree?

MS. HEARD: Depends on what you would call "neat," I suppose.

MS. VASQUEZ: And you sent this picture to your friend Rocky Pennington as well, didn't you?

MS. HEARD: I sure did.

MS. VASQUEZ: And when you sent it, you said "look at I my morning," or something like that; is that ! right?

MS. HEARD: Yay for mornings.

MS. VASQUEZ: So you have this habit of sending staged photographs to your friend Rocky, don't you?

MS. HEARD: I had a habit of communicating with my best friend about what was going on in my life.

MS. VASQUEZ: You don't have any pictures of Mr. Depp I actually consuming cocaine, do you?

MS. HEARD: I don't think I have a picture of him mid snort, no.

MS. VASQUEZ: You don't even have any pictures of Mr. Depp with cocaine?

MS. HEARD: What do you mean by that?

MS. VASQUEZ: Holding cocaine, standing next to cocaine, sitting next to cocaine?

MS. HEARD: I don't know. I don't know.

MS. VASQUEZ: Well, you haven't shown any of those pictures like that to the jury, have you?

MS. HEARD: I don't know. No, I haven't.

MS. VASQUEZ: And you were never able to catch Mr. Depp with cocaine on film either, were you?

MS. HEARD: I never tried.

MS. VASQUEZ: But you were able to catch him sleeping, right?

MS. HEARD: I have seen him pass out in all sorts of places, yes.

MS. VASQUEZ: And you also captured a video of Mr. Depp in the kitchen, that was played again for this jury today, beating up some cabinets. Do you recall that?

MS. HEARD: Sorry, say that again.

MS. VASQUEZ: Do you recall capturing Mr. Depp in the kitchen of one of his homes beating up some cabinets?

MS. HEARD: Yes. Slamming things around, yes.

MS. VASQUEZ: So you took that video of Mr. Depp in the kitchen, right.

MS. HEARD: I did. I did.

MS. VASQUEZ: And you took it on one of your iPad devices?

MS. HEARD: I took it on my iPad.

MS. VASQUEZ: You were deposed in August of 2016 in connection with your divorce proceedings from Mr. Depp, right?

MS. HEARD: That is correct.

MS. VASQUEZ: And you will recall that the video of Mr. Depp in the kitchen was released online the day before your deposition in August of 2016, don't you?

MS. HEARD: That's correct.

MS. VASQUEZ: You're the one who released that video --

MS. HEARD: Incorrect.

MS. VASQUEZ: Isn't that true?

MS. HEARD: That's incorrect. I flew in from another place at the time. I remember learning about it when I landed.

MS. VASQUEZ: So it's just a coincidence that the video you took of Mr. Depp was released the day before you were deposed in connection with your divorce from Mr. Depp?

MS. HEARD: I absolutely had nothing to do with that. I wouldn't even know how to do something like that.

MS. VASQUEZ: You settled your divorce from Mr. Depp in August of 2016, right?

MS. HEARD: That sounds right.

MS. VASQUEZ: And in connection with that settlement, you received $7 million from Mr. Depp, true?

MS. HEARD: That's correct.

MS. VASQUEZ: And then you --

MS. HEARD: 6.8, exactly.

MS. VASQUEZ: Your settlement amount was $7 million?

MS. HEARD: That's correct.

MS. VASQUEZ: And then you released a statement in which you claimed you would be donating the entire $7 million to charity, right?

MS. HEARD: That's correct.

MS. VASQUEZ: You stated you would be donating half of the $7 million to the ACLU?

MS. HEARD: That's correct.

MS. VASQUEZ: And you would be donating the other half to Children's Hospital of Los Angeles?

MS. HEARD: That is correct.

MS. VASQUEZ: And you also stated, with respect to the $7 million divorce settlement, that money played no role except for the extent that you could donate the money to charity?

MS. HEARD: Yes, that's correct.

MS. VASQUEZ: If we could, please, pull up Plaintiff's Exhibit 1259.

MS. VASQUEZ: This is an article entitled "Amber Heard Donates Johnny Depp Divorce Settlement to Charity. Read her statement in full." Is that correct?

MS. HEARD: That's what the title says, yes.

MS. VASQUEZ: Directing your attention to the portion on the second page, where it says "read the statement below."

MS. VASQUEZ: Is that the statement you released, Ms. Heard?

MS. HEARD: That is correct.

MS. VASQUEZ: Your Honor, I'd move to admit the statement and the article as redacted.

MS. BREDEHOFT: Objection. Hearsay.

MS. VASQUEZ: It's her statement.

MS. BREDEHOFT: This is not her statement. This is some --

MS. VASQUEZ: She just testified, Your Honor.

THE COURT: She said this is her statement.

MS. BREDEHOFT: May I see the full?

THE COURT: Everything else is redacted.

MS. BREDEHOFT: Okay. Then I have no objection.

THE COURT: All right. 1259 in evidence as redacted.

MS. VASQUEZ: The statement reads "As described in the restraining order and divorce settlement, money played no role for me personally and never has, except to the extent that I could donate it to charity, and in doing so, hopefully help those less able to defend themselves. As reported in the media, the amount received in the divorce was O $7 million and $7 million is being donated. This is over and above any funds that I have given away in the past and will continue to give away in the future."

MS. VASQUEZ: Did I read that correctly?

MS. HEARD: That is correct. I don't remember that last line, but I have no - it doesn't stand out to me as wrong.

MS. VASQUEZ: There's nothing inaccurate in this statement?

MS. HEARD: Not that I recognize, no.

MS. VASQUEZ: Mr. Depp donated a hundred thousand dollars of the divorce settlement directly to the ACLU; is that right?

MS. HEARD: Right. At the beginning of the divorce settlement, he donated a hundred thousand to each charity on my behalf, or towards my contribution.

MS. VASQUEZ: So a hundred thousand dollars --

MS. HEARD: To each.

MS. VASQUEZ: To the ACLU?

MS. HEARD: And to the Children's Hospital.

MS. VASQUEZ: Okay. And in response, you publicly demanded that Mr. Depp pay the divorce settlement directly to you instead of the charities, right?

MS. HEARD: That was always the agreement, actually, is for him to pay me directly. It was not his money, as per the settlement agreement, to give away and reap the tax benefit from. I said so and not try to get a big tax break for it. So, effectively, for his tax bracket, he should be paying double that amount to the charity directly. And if he wanted to pay the charity directly, he could. He could do that, was fine with me, but he would need to pay the adjusted amount.

MS. VASQUEZ: Ultimately, the rest of the $7 million divorce settlement was paid directly to you, right?

MS. HEARD: Over time, yes.

MS. VASQUEZ: And Mr. Depp didn't end up paying the rest of the $7 million divorce settlement directly !s to the charities you identified?

MS. HEARD: That is correct. He paid them in installments to me.

MS. VASQUEZ: You stopped that from happening, didn't you?

MS. HEARD: I don't understand what your question is; I'm sorry.

MS. VASQUEZ: Q You stopped Mr. Depp from paying the charities that you had named directly?

MS. HEARD: That is incorrect. I said if you want him to pay the charities directly, pay the adjusted amount or pay, as per our agreement, in the settlement, or in the divorce, per our agreement.

MS. VASQUEZ: You also --

MS. HEARD: And he chose to do the former, not the latter - I mean the other way around

MS. VASQUEZ: You also publicly stated that the $7 million divorce settlement should be paid to the charities immediately in full, right?

MS. HEARD: If he wanted to pay it in the way that he was suggesting, yes.

MS. VASQUEZ: And you said, publicly, that the payments to the charities should not be drawn out over many years, right?

MS. HEARD: I said that - I don't recall the exact words that I used, but basically that he shouldn't use that as a novel interest in getting a tax break. That if he wanted to do that and not pay me the settlement, that was fine, but he would have to pay the adjusted amount and not make it, you know, a commitment he would not fulfill or try to avoid in some other way.

MS. VASQUEZ: And that's because you wanted the entire world to think that you were donating every penny of the $7 million divorce settlement as soon as you received it from Mr. Depp; isn't that right?

MS. HEARD: No, I was going to be receiving it in installments, and I would be paying in installments, the donations.

MS. VASQUEZ: In fact, you released a statement in response to Mr. Depp's hundred thousand dollar donations to the ACLU and CHLA, didn't you?

MS. HEARD: I don't recall.

MS. VASQUEZ: Let's see if we can refresh your recollection.

MS. VASQUEZ: If we could, please, pull up Plaintiffs Exhibit 1260.

MS. VASQUEZ: This is an article entitled "Amber Heard and Johnny Depp row over divorce donations." If I can direct your attention to where it says, I think it's on the second page, "Her spokeswoman responded in a statement," the language that follows the --

MS. BREDEHOFT: Objection. Hearsay. Spokeswoman. That's not her.

THE COURT: All right.

MS. VASQUEZ: Spokesperson is an exception, Your Honor.

THE COURT: Do you want to come forward?

[STAGE DIRECTION]: (Sidebar.)

THE COURT: If it's a spokesperson, that's a speaking agent, right?

MS. VASQUEZ: Speaking agent. ;7

THE COURT: Exception.

MS. VASQUEZ: Right. Representative capacity. I 1 O

THE COURT: Not an agent. Now we have ! an issue with the agent laying foundation. This is a spokesperson speaking, somebody who's speaking for her.

MS. BREDEHOFT: I think she has to ask if, in fact, she recognizes that, and if, in fact, the spokeswoman --

MS. VASQUEZ: I'll get to that.

MS. BREDEHOFT: She started reading the statement out loud to the jury.

MS. VASQUEZ: I was trying to lay a foundation.

THE COURT: You were reading the statement. She's right. If you want to lay the foundation, that's fine.

MS. BREDEHOFT: Thank you, Your Honor.

THE COURT: Thank you.

[STAGE DIRECTION]: (Open court.)

THE COURT: BY MS. VASQUEZ: ,7

MS. VASQUEZ: You released a statement -- !

MS. BREDEHOFT: Your Honor, may we approach again?

THE COURT: Okay.

MS. BREDEHOFT: I'm sorry.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: You didn't get two words out that time.

MS. BREDEHOFT: I'm sorry, but we only I have received exhibits from them to 124 7. So this I was not an exhibit that we have.

MS. VASQUEZ: We marked them now. We I can use them in cross-examination.

MS. BREDEHOFT: But they haven't produced them to us. They haven't provided them to you.

THE COURT: They provide in

[SECTION HEADER]: Cross-examination.

MS. BREDEHOFT: They have to give us hard copies.

MS. VASQUEZ: Oh, I apologize.

THE COURT: Yes, give them hard copies.

MS. BREDEHOFT: Give me a chance to look at it before.

MS. VASQUEZ: I agree. I apologize. Thank you.

THE COURT: Thank you.

[STAGE DIRECTION]: (Open court.)

MS. VASQUEZ: Before we ask the next question, I'll hand you a copy of the next one.

MS. BREDEHOFT: I want to see it before you ask. That's what --

MS. VASQUEZ: That's what I said. That's exactly what I said.

MS. VASQUEZ: Your Honor, would you like to see one as well?

THE COURT: No, that's all right. That's fine. Thank you.

MS. BREDEHOFT: Your Honor, this has been redacted. We don't have a unredacted --

THE COURT: Can you, please, turn your microphone on?

MS. BREDEHOFT: I'm sorry. Your Honor, they gave me a redacted, but I don't have the unredacted to be able to see the full document.

MS. VASQUEZ: I plan to admit it. I ask that it would be admitted in redacted form I'm taking away any hearsay. I'm laying a foundation. This is a statement she released through a spokesperson.

MS. BREDEHOFT: How would I know whether there's more to it that shouldn't be redacted, Your Honor, if I don't see the full document?

MS. VASQUEZ: Your Honor, the witness can testify as to whether this is a full statement or not.

MS. BREDEHOFT: The witness can't-- we have the right to be able to see the document.

THE COURT: All right. Do you have the document that's not redacted?

MS. VASQUEZ: We can pull it up on our computers.

THE COURT: Okay.

MS. VASQUEZ: Just give us a moment, Your Honor.

THE COURT: All right.

MS. VASQUEZ: I can represent this is the full statement that's reported.

THE COURT: Give her an opportunity to ! 12 look at the unredacted one.

MS. BREDEHOFT: Thank you, Your Honor.

MS. VASQUEZ: Sorry, Ms. Bredehoft May I approach?

THE COURT: Yes.

MS. BREDEHOFT: So, Your Honor, can we have a copy of this?

THE COURT: You can get a copy of that.

MS. VASQUEZ: Happily.

THE COURT: Later today.

MS. BREDEHOFT: I think she should be giving us copies of the full.

THE COURT: I understand. We'll take care of that. But as of right now, can we continue?

MS. BREDEHOFT: We can, Your Honor, but I have an objection because of notations that are missing.

THE COURT: Okay. Come forward.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: I All right. Here's the I redacted. I guess now I need a copy of the I unredacted. Where are the redactions?

MS. VASQUEZ: I was trying to make this I easy. We're redacting all the hearsay.

THE COURT: I appreciate it.

MS. BREDEHOFT: So, there's several pieces here where it shows the spokesperson and then there's no quote at the end of it.

MS. VASQUEZ: Because it continues.

THE COURT: It continues. They have it.

MS. BREDEHOFT: But then they have a quote at the beginning of the next, and then that doesn't have a quote. I mean, that's -- then there's another one where there's not a quotations mark at the end of that.

THE COURT: I understand.

THE COURT: I understand, but I'm going to allow it if she can lay a foundation, okay?

MS. BREDEHOFT: But in the future, Your Honor, I would --

THE COURT: Everybody's on the same page on that.

MS. VASQUEZ: Thank you.

MS. BREDEHOFT: Thank you.

[STAGE DIRECTION]: (Open court.)

MS. BREDEHOFT: BY MS. VASQUEZ:

MS. VASQUEZ: All right. So directing your attention, Ms. Heard, where it says "her spokeswoman responded in a statement" --

MS. BREDEHOFT: Your Honor.

[SECTION HEADER]: BY MS. VASQUEZ:

MS. VASQUEZ: In which that follows --

MS. BREDEHOFT: Your Honor, again, she can't read it. She has to show it.

MS. VASQUEZ: The language that follows --

THE COURT: You want to lay a foundation to that?

THE COURT: Go ahead.

MS. VASQUEZ: You released a statement after Mr. Depp donated a hundred thousand dollars to ACLU and a hundred thousand dollars to CHLA, correct, Ms. Heard?

MS. HEARD: I think so, yes.

MS. VASQUEZ: Okay. And the language that follows is the statement you released in response to Mr. Depp's donations, right?

MS. HEARD: I don't know if this is the official statement. I really- I have no idea.

MS. VASQUEZ: The statement that reads -- starts --

MS. BREDEHOFT: Objection, Your Honor.

MS. VASQUEZ: Amber Heard.

MS. VASQUEZ: That's the only thing I'm going to say.

MS. VASQUEZ: Would you, please, read that to I yourself, Ms. Heard?

MS. HEARD: Yes.

MS. VASQUEZ: Did you read all the way to the very bottom, where the last word is "supported"?

MS. HEARD: Yes.

MS. VASQUEZ: Okay. That's the statement you released through your spokeswoman after Mr. Depp made the donations to the CHLA and the ACLU, correct, Ms. Heard?

MS. HEARD: I do not recall exactly what my statement was. I don't disagree with anything in 112 this statement, but I just simply don't recall what the statement was we released.

MS. VASQUEZ: Is there anything inaccurate in that statement, Ms. Heard?

MS. VASQUEZ: I'm going to move to admit.

MS. BREDEHOFT: Objection, Your Honor. Lack of foundation.

THE COURT: I'll overrule the objection. 1260 admitted in evidence, over the objection.

MS. VASQUEZ: Thank you, Your Honor.

MS. VASQUEZ: Statement reads "Amber Heard appreciates Johnny Depp's novel interest in supporting two of her favorite charities, the ACLU, American Civil Liberties Union for Domestic Violence, and the Children's Hospital of Los Angeles. This is great and unexpected news," and it continues: "However, if Johnny wishes to change the settlement agreement, we must insist that he honor the full amount by donating $14 million to charity, which, after accounting for his tax deduction, is equal to his $7 million payment obligation to Amber," and it continues.

MS. VASQUEZ: "We would also insist that the full amount be paid immediately and not drawn out over many years. Anything less would be a transparent attempt by Johnny's counsel, Laura Wasser and Patti Glaser, to reduce their client's true payment by half under the guise of newfound concern for charities that he has never previously supported." Did I read that correctly?

MS. HEARD: Yes.

MS. VASQUEZ: Thank you.

MS. VASQUEZ: After this, you kept commenting about the donation of your divorce settlement, right?

MS. HEARD: I don't know what you mean by that.

MS. VASQUEZ: Okay. You spoke about donating your divorce settlement on a Danish TV show, correct?

MS. HEARD: I believe I said I had -- I believe I said I had donated it to charity, but it was already printed or already commented on and stated in the press. I had already released that information in the press. I think I just confirmed it on that show.

MS. VASQUEZ: You appeared on a show called "RTL Late Night," right?

MS. HEARD: I don't recall what show it was.

MS. VASQUEZ: If you could, please, play Plaintiffs Exhibit 346.

MS. VASQUEZ: Which is a portion of your appearance on this program.

MS. VASQUEZ: We would ask that it be moved into evidence and asked for --

THE COURT: Any objection?

MS. BREDEHOFT: Your Honor, it contains -- it has hearsay. It contains other communications of other individuals.

MS. VASQUEZ: Your Honor, if we may approach, very briefly.

THE COURT: Okay. Sure.

[STAGE DIRECTION]: (Sidebar.)

THE COURT: All right. So which portion?

MS. VASQUEZ: It's just a question from the commentator.

THE COURT: Just that portion?

MS. VASQUEZ: It's the question which is obviously not being offered for the truth, but that's the interview. I actually had it transcribed.

THE COURT: Thank you. I appreciate that. are no concerns, and highlighted.

THE COURT: You highlighted the part that's going to be played?

MS. VASQUEZ: Or this is the only thing that we'll be introducing.

THE COURT: Okay. Which part is going to be played? Oh, this part is going to be played?

MS. VASQUEZ: Yes, correct. So it's just Ms. Heard asking -- excuse me, it's the host asking --

THE COURT: Okay.

MS. VASQUEZ: The question. I apologize, Your Honor, it's actually -- we clipped it. It starts on page 3 of this transcript.

THE COURT: Okay.

MS. VASQUEZ: Line 13.

THE COURT: Line 13, page 3.

MS. VASQUEZ: So the question here.

THE COURT: About the $7 million?

MS. VASQUEZ: What did you do with that money?

THE COURT: Okay.

MS. VASQUEZ: And then it's Ms. Heard I speaking. I think there's one comment from the host, on page 4, line 11, where it says "More power to you. That's something that I've never heard of

THE COURT: More power. That's where it ends?

MS. VASQUEZ: I'm sorry?

THE COURT: It keeps going after that?

MS. VASQUEZ: I'm sorry. After I line 13, it ends. So, I apologize, Your Honor.

THE COURT: Okay.

MS. VASQUEZ: I thought these were -- the only part we'll be playing starts on page --

THE COURT: Page 3.

MS. VASQUEZ: Line 13.

THE COURT: To page 4, line 13?

MS. VASQUEZ: That's right. I 1 s

THE COURT: Okay.

MS. BREDEHOFT: So the host is actually hearsay. There are all kind of accusations flying your way and then people were saying this is all about money. And then it's hearsay, Your Honor within that.

MS. VASQUEZ: It's a question, Your Honor. And we're obviously saying it's not being offered for the truth.

THE COURT: Yes.

MS. VASQUEZ: That's exactly what Ms. Heard is alleging here.

THE COURT: That's what she said. O Okay. I'll overrule that objection. I'll allow that portion.

MS. VASQUEZ: Thank you.

[STAGE DIRECTION]: (Open court.)

MS. VASQUEZ: So if we could, please, play and publish to the jury Plaintiff's Exhibit 346.

THE COURT: 346 in evidence.

[STAGE DIRECTION]: (Whereupon, the following video was played.)

THE COURT: Actually, were all kind of accusation flying your way when you said all this, and then there was a divorce settlement. You got $7 million, and people were saying this is all about the money. But then you did something that twisted that whole argument.

THE COURT: What did you do with that money?

MS. HEARD: $7 million in total was donated to -- I split it between the ACLU and Children's Hospital of Los Angeles.

MS. HEARD: MALE SPEAKER: ACLU is a human rights organization?

MS. HEARD: Sorry. ACLU is a prominent organization, nonprofit organization in the United States. It's called the American Civil Liberties Union.

MS. HEARD: MALE SPEAKER: Right.

MS. HEARD: They work on behalf of marginalized communities on the ground and legislative reform

MALE SPEAKER: More power to you because that's something that I've never heard.

MS. HEARD: I wanted nothing.

[STAGE DIRECTION]: (Whereupon, the video ended.)

MS. VASQUEZ: BY MS. VASQUEZ:

MS. VASQUEZ: This interview was in October of 2018, right, Ms. Heard?

MS. HEARD: I don't recall when it was.

MS. VASQUEZ: It was in 2018, right, Ms. Heard?

MS. HEARD: I don't remember when this was done.

MS. VASQUEZ: This was after you had received the full $7 million of your divorce settlement from Mr. Depp, wasn't it?

MS. HEARD: Again, without knowing when it was recorded, I have no idea.

MS. VASQUEZ: The $7 million divorce settlement was paid to you in full by February of 2018, right?

MS. HEARD: That's correct.

MS. VASQUEZ: Let's take a look at Defendant's exhibit 1458, which is already in evidence.

MS. VASQUEZ: This is the deal point memorandum from I your divorce settlement, right, Ms. Heard?

MS. HEARD: Yes, that's what it looks like.

MS. VASQUEZ: If we go down to the bottom of page 4. There's a heading labeled "equalization payment."

MS. VASQUEZ: Do you see that? ,2

MS. HEARD: Yes. I 3

MS. VASQUEZ: And underneath that, it outlines the payment schedule for the divorce payments, correct?

MS. HEARD: Yes.

MS. VASQUEZ: Well, it begins to.

MS. VASQUEZ: If we go on page 5.

MS. VASQUEZ: So the first payment was scheduled for August 31st, 2016, and that's 200,000, correct?

MS. HEARD: Yes, that is correct.

MS. VASQUEZ: Mr. Depp's accountant, Edward White, testified that he made that payment directly?

MS. BREDEHOFT: Objection to what Mr. White said?

THE COURT: You've got to tum on your microphone, Ms. Bredehoft, or I'm not going to hear you.

MS. BREDEHOFT: Objection to her testifying to what Mr. White testified to.

THE COURT: Okay. it's -- he literally testified to it in court. I'll overrule the objection.

THE COURT: Go ahead.

MS. VASQUEZ: Thank you, Your Honor.

MS. VASQUEZ: Mr. Depp's accountant, Edward White, testified he made the payment directly to the ACLU and CHLA, correct?

MS. HEARD: I believe so, yes.

MS. VASQUEZ: And then the rest of the payments were all made to you, weren't they?

MS. HEARD: That is correct.

MS. VASQUEZ: And the final payment of$2.3 million is on February 1st, 2018, right?

MS. HEARD: The final payment, yes.

MS. VASQUEZ: And you were here in court when Mr. White testified that the payments were all made on schedule?

MS. BREDEHOFT: Objection. I'm going to object to her testifying to what Mr. White testified to.

THE COURT: I'll overrule the objection. Go ahead.

MS. VASQUEZ: Thank you, Your Honor.

MS. VASQUEZ: And you were here in court when Mr. White testified that the payments were all made on schedule, right?

MS. HEARD: I don't believe they were. He might have testified to that.

MS. VASQUEZ: That's not my question, Ms. Heard. My question was, you were here in court when Mr. White testified, under oath, that all of the payments were made on schedule?

MS. HEARD: I was here every day in court. I heard his testimony, yes.

MS. VASQUEZ: Okay. So back to October of 2018. This was before Mr. Depp sued you for defamation, correct?

MS. HEARD: Yes, that's correct.

MS. VASQUEZ: He didn't sue you until after the op-ed came out in December of 2018, right?

MS. HEARD: He sued me in 2019.

MS. VASQUEZ: And the op-ed came out in December 2018?

MS. HEARD: That is correct.

MS. VASQUEZ: So in October of 2018, you had received PlANE I your entire $7 million divorce settlement, you would agree with me?

MS. HEARD: That is correct.

MS. VASQUEZ: And you hadn't, yet, been sued by Mr. Depp?

MS. HEARD: This is October, correct?

MS. VASQUEZ: So, in this October 2018 interview, you said that you had "donated" your entire divorce settlement to charity, right?

MS. HEARD: That's correct.

MS. VASQUEZ: And, in fact, your exact words were "7 million in total was donated to -- I split it between the ACLU and the Children's Hospital of Los Angeles." Right?

MS. HEARD: That's correct. I made that statement as soon as I got a divorce and we reached the settlement. That's when I pledged it, right then.

MS. VASQUEZ: And you say this because you "wanted nothing"?

MS. HEARD: That is correct.

MS. VASQUEZ: But you hadn't donated your entire $7 million settlement to charity at that point, had you?

MS. HEARD: That is incorrect.

MS. VASQUEZ: Sitting here today, Ms. Heard, you I 5 still haven't donated the $7 million divorce settlement to charity; isn't that right?

MS. HEARD: Incorrect. I pledged the entirety of Is the $7 million to charity.

MS. VASQUEZ: Ms. Heard, that's not my question.

MS. HEARD: And I plan to fulfill those obligations.

MS. VASQUEZ: Ms. Heard, that's not my question. Please try to answer my question.

MS. HEARD: What was the question?

MS. VASQUEZ: Sitting here today, you have not I donated the $7 million, donated, not pledged, donated, the $7 million divorce settlement to charity?

MS. HEARD: I use pledge and donation synonymous with one another.

MS. VASQUEZ: But I don't. Ms. Heard, I don't use it synonymously.

MS. HEARD: That's how donations are paid.

MS. VASQUEZ: Ms. Heard, respectfully, that's not my question. As of today, you have not paid $3.5 million of your own money to the ACLU, yes or no?

MS. HEARD: I have not yet.

MS. VASQUEZ: And as of today, you have not paid $3.5 million of your own money to the Children's IO Hospital of Los Angeles, correct?

MS. HEARD: I have not yet Johnny sued me.

MS. VASQUEZ: So as of today, you have not donated, paid, $7 million of your divorce settlement to charity, right?

MS. HEARD: I have not been able to fulfill those obligations yet.

MS. VASQUEZ: And that's because you did want something, didn't you?

MS. HEARD: I didn't want anything, and I didn't get anything.

MS. VASQUEZ: You wanted Mr. Depp's money.

MS. HEARD: Didn't get it. Wasn't interested in g it. I left Johnny. That's why I was with him.

MS. VASQUEZ: You wanted praise for donating the money, right?

MS. HEARD: That's incorrect.

MS. VASQUEZ: You wanted good press?

MS. HEARD: In general, one does want good press, yes.

MS. VASQUEZ: You wanted to seem altruistic publicly?

MS. HEARD: Wasn't my interest. My interest is in my name and clearing my name. And at the time, I was being called a liar, and my motives were being questioned. I did see it as important to clear that up. I wanted to make a statement to make sure that there was not any doubt that I couldn't be labeled these things just because Johnny was a bigger star and had more publicity reach.

MS. VASQUEZ: You wanted to remind everyone of your claims of domestic violence against Mr. Depp, right?

MS. HEARD: No. I wanted to move on with my life.

MS. VASQUEZ: You wanted to make those claims seem believable.

MS. HEARD: They are believable. They are believable. ,3

MS. VASQUEZ: You wanted them to be seen --you wanted to be seen, excuse me, as a noble victim of domestic violence?

MS. HEARD: I have never, never wanted to be seen as a victim. Nor have I ever called myself one.

MS. VASQUEZ: You testified, under oath, that "the ,9 entirety of your divorce settlement was donated to IO charity."

MS. VASQUEZ: Didn't you?

MS. HEARD: That's correct I pledged the entirety.

MS. VASQUEZ: No. Ms. Heard, my questions. Your counsel will have time to redirect you after.

MS. VASQUEZ: You testified, under oath, "the entirety of your divorce settlement was donated to I charity"?

MS. HEARD: That is correct. I pledged the entirety.

MS. VASQUEZ: I'm going to move to strike everything after yes.

THE COURT: All right.

MS. BREDEHOFT: Your Honor, there's nothing to strike here. Donated -- I mean, even the ACLU testified that donated --

MS. VASQUEZ: I disagree. This is really inappropriate.

MS. BREDEHOFT: And she --

THE COURT: I'll sustain the objection. Let's move forward. Let's move forward.

THE COURT: Next question.

MS. VASQUEZ: Under oath, that statement wasn't true, was it, Ms. Heard?

MS. HEARD: I'm sorry, I don't follow your question. Sorry.

MS. VASQUEZ: You testified, under oath, "the entirety of my divorce settlement was donated to charity."

MS. VASQUEZ: That statement wasn't true?

MS. HEARD: It is true. I pledged the entirety to charity.

MS. VASQUEZ: The statement --

MS. HEARD: When you say you buy a house, you don't pay for the entire house at one time?

MS. VASQUEZ: Ms. Heard, respectfully.

MS. HEARD: You buy it over time.

MS. VASQUEZ: Ms. Heard.

MS. HEARD: Ne:xi question, please.

MS. VASQUEZ: Thank you. That statement isn't true today, as you sit here today, is it?

MS. HEARD: It is true. I pledged the entirety.

MS. VASQUEZ: But you didn't donate it?

MS. HEARD: Unfortunately -

MS. VASQUEZ: You didn't donate it? It's a yes or no.

MS. HEARD: Unfortunately, I haven't been able to obligate - to fulfill those obligations.

MS. VASQUEZ: That's a no, right, Ms. Heard?

MS. HEARD: I made the pledge. I want to be very clear. I pledged the entirety. I haven't been able to fulfill those pledges because I've been sued.

MS. VASQUEZ: You had all of the $7 million for 13 months before Mr. Depp sued you and you chose not to pay it to the charities you pledged it to is that correct

MS. HEARD: I disagree with your characterization of that.

MS. VASQUEZ: Let's look at your sworn testimony from the U.K.

MS. VASQUEZ: May I approach, Your Honor?

THE COURT: All right. Yes, ma'am.

THE COURT: Thank you.

THE COURT: Ms. Vasquez, do you want me to close the shades?

MS. VASQUEZ: That would be wonderful.

THE COURT: Because there's light coming across.

MS. VASQUEZ: I appreciate that. It's probably good light. Thank you, Your Honor.

THE COURT: All right.

MS. VASQUEZ: This is your third witness statement that you submitted in the U.K. action, right, Ms. Heard?

MS. HEARD: Correct.

MS. VASQUEZ: And this statement was made under oath, true?

MS. HEARD: That is true.

MS. VASQUEZ: Directing your attention to the last page of that statement. That's your signature, right?

MS. HEARD: Yes, it is.

MS. VASQUEZ: So you made this sworn statement on February 26th, 2020?

MS. HEARD: That's correct.

MS. VASQUEZ: And directing your attention to paragraph 4. It says "I remained financially independent from him the whole time we were together, and the entire amount of my divorce settlement was donated to charity."

MS. HEARD: That is correct.

MS. VASQUEZ: Did I read that correctly?

MS. HEARD: Yes, you did.

MS. VASQUEZ: The "him" you were referring to is Mr. Depp?

MS. HEARD: That is correct.

MS. VASQUEZ: Most of the money that was donated to I I the ACLU and CHLA in your name came from someone else; isn't that right?

MS. HEARD: I don't know what you mean by "most of."

MS. VASQUEZ: Well, at least $500,000 that was donated to the ACLU in your name wasn't paid by you, right? 's

MS. HEARD: I believe Elon made a donation in my honor on one of the years.

MS. VASQUEZ: And it didn't come out of the $7 million divorce settlement, right?

MS. HEARD: No. Nor did it count towards my pledge.

MS. VASQUEZ: And at least $500,000 that was donated to the Children's Hospital of Los Angeles in your name wasn't paid by you either?

MS. HEARD: Right. Those were made at the same time.

MS. VASQUEZ: And it didn't come out of your $7 million divorce settlement?

MS. HEARD: Nor did it count to my 3.5 obligation.

MS. VASQUEZ: So, the $500,000 payments came from your new boyfriend, Elon Musk, right?

MS. HEARD: I don't know if he was a new boyfriend at the time.

MS. VASQUEZ: You got him to pay part of what you promised to these two charities, didn't you?

MS. HEARD: Incorrect.

MS. VASQUEZ: Because you wanted to keep at least some of the $7 million divorce settlement for yourself, right?

MS. HEARD: You're very wrong about that.

Procedural Post-Testimony Matters

MS. VASQUEZ: I think this, if Your Honor is fine, this is a good stopping point.

THE COURT: Okay. That's fine.

THE COURT: Ladies and gentlemen, we'll stop here for the evening. Remember, tonight, do not do any outside research. Do not discuss the case with anybody. I know these days are a little longer. I appreciate your patience, and your taking care of everything here. Please take care of yourself tonight, okay? And we'll see you in the morning at 9:00 a.m.

THE COURT: THE COURT

THE COURT: Again, Ms. Heard, since you're still on the witness stand, please do not discuss your testimony with anybody, including your attorneys, all right?

[STAGE DIRECTION]: (Whereupon, the jury exited the courtroom and the following proceedings took place.)

THE COURT: 9:00 tomorrow, then? All right. We'll see you at 9:00.

COURT BAILIFF: All rise.

[STAGE DIRECTION]: (Whereupon, the trial was recessed at 5:20 p.m to reconvene at 9:00 a.m, Tuesday, May 17, 2022.)

COURT REPORTER: I, JUDITH E. BELLINGER, RPR, CRR, the court reporter before whom the foregoing hearing was taken, do hereby certify that the foregoing excerpt transcript is a true and correct record of the proceedings; that said proceedings were taken to neither counsel for, related to, nor employed by any of the parties to this case and have no interest, financial or otherwise, in its outcome. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 16th day of May, 2022. My Commission Expires: September 30, 2024

COURT BAILIFF: NOTARY PUBLIC IN AND FOR THE COMMONWEALTH OF VIRGINIA