Amber Heard — Cross/Redirect
3,522 linesCOURT BAILIFF: All rise.
COURT BAILIFF: Please be seated and come to order.
THE COURT: All right. Do we have any preliminary matters before we bring in the jury?
THE COURT: Of course we do.
MS. BREDEHOFT: These are all from the audio clips.
THE COURT: Okay. The audio clips.
MS. BREDEHOFT: And these are the redacted set of the 700 through, I think it's 717 (indiscernible).
THE COURT: All the redacted ones.
MS. BREDEHOFT: And then I would like to revisit that issue, Your Honor. Your Honor may recall, and I have a copy of yesterday's transcript, and I tagged the section that's relevant here. So, Your Honor may recall, first of all, I did put Ms. Heard on the stand, and we have that. At 134, she gives the foundation, explains how she put the metadata on there. Then Ms. Vasquez says, and this is page 134, "Your Honor, I would just ask the picture be redacted on hearsay grounds." And Your Honor, then, granted that at that point.
THE COURT: Uh-huh.
MS. BREDEHOFT: Then I came back and revisited this. I tried giving the case law that said that the metadata is not hearsay, and Your Honor believed, at that time, there was a foundation issue. But the foundation had been laid. We don't have an expert that's going to say how she put the metadata on, and, in fact, we believe that we should be able to get those in on the foundation/hearsay. If they challenge the legitimacy, then in rebuttal, we have an expert to say those are legitimate photos.
MS. BREDEHOFT: But I need to get those in through her, and I believe that I've laid the foundation, and the only objection is hearsay. And I think the case law is quite strong.
THE COURT: Okay.
MS. VASQUEZ: I think this is an expert issue, Your Honor, as you indicated.
THE COURT: She's saying it's not hearsay.
MS. VASQUEZ: But there was no foundation laid for how those -- that text got on those photographs. That's not a photograph. It's a photograph of a photograph.
MS. BREDEHOFT: She explained--
THE COURT: I'm still going to sustain at this time, okay, on foundation grounds and ! 11 hearsay. All right? Thank you.
MS. MEYERS: We do have one other issue.
THE COURT: Yes.
MS. MEYERS: So, after our late day, two weeks ago, when we went over all the depositions.
THE COURT: Oh, deposition day.
MS. MEYERS: The parties agreed on their depositions, they were sent to be spliced, and then after they started coming back they started unilaterally de-designating additional I testimony. We've objected. What we agreed on in court and what was ruled the Court ruled on is what--
THE COURT: Right.
MS. MEYERS: We must --
THE COURT: Abide by.
MS. MEYERS: We agreed that we would withdraw materials, but that was sort of when we were in court, had the opportunity to see what they were withdrawing. We could, you know, reevaluate our own designations we were withdrawing. So we would unilaterally designate, after the depositions come back, depending on how long they are because they were --
THE COURT: Okay.
MS. BREDEHOFT: So, they de-designated back with Falati, and Your Honor said think about whether you can cut back after Brandon Patterson and establish the to and the hows, all the way through every single Friday, when we were out in the hallway, we both agreed that we could de-designate more later. It's just our designations.
MS. BREDEHOFT: Yes, Your Honor, when Your Honor cut us back to 61 hours, we were in huge trouble, and we needed to cut a lot of testimony, and that's what we did. And from May 1 through May 10, we were sending them exactly the same way they did. We remove these. These are our designations, not theirs. And they had the right to de-designate IO more, if they wanted to. No, they didn't say a word. From May 1 to May 10, didn't say a word.
MS. BREDEHOFT: And then Friday night, they say, oh, we object to you unilaterally de-designating. We had already gotten new spliced videos now. They've got the same ones we do. They know exactly what we de-designated. I said, how are you prejudiced by this? It's what we designated. We need to cut because we can't get it all in. We had to cut. We had to cut significantly because, otherwise, we can't get our testimony in with Your Honor's time limitations.
THE COURT: Okay.
MS. MEYERS: Your Honor, with respect to Ms. Falati's deposition, that was one of ours that we did early on. And Ms. Beard's counsel reached out to us and said would you agree that we can both de-designate further? In that instance, we said, yes, we agree. We both de-designated, we both told each other what was being de-designated and we respliced. What happens with the ones that we handled two Fridays ago, we were exchanging emails saying we're going to de-designate this from this deposition and, you know, vice versa. We came in, we worked through those.
THE COURT: Right.
MS. MEYERS: And then those were finalized, in our view, unless we had an agreement that, you know, we might, to spare our time, we could de-designate further than that. None of the ones that they are sending fall into that category. This is largely unfair. When we were doing the deposition videos in our cases-in-chief, we didn't have the opportunity to ask after, hold on, we need to remove parts of it. They're taking PIANE advantage.
MS. BREDEHOFT: That's just not true. They did it with Falati in the first week. Your Honor, they're not prejudiced. They're not prejudiced by this. This is our testimony. It's like us deciding not to ask the witness certain things. And we've been sending to them for two full weeks. We were sending them to them, saying, we're de-designating these. You're welcome to de-designate as well. Let us know if you have any issues with what we are de-designating. Otherwise, we're severely prejudiced, Your Honor. we can't fit them all in. That's the bottom line here. That's what we've done.
MS. BREDEHOFT: And we've done it all the way through.
THE COURT: But two Fridays ago, you knew we had 61 hours.
MS. BREDEHOFT: Correct, Your Honor, which is when, two Fridays ago, when we started de-designating. When Your Honor said that, we said, oh, my god, we can't fit these all in. We started de-designating.
THE COURT: Three Fridays ago.
MS. BREDEHOFT: We've been de-designating since that time. We've been cutting and they've been cutting. And every Friday-- every single one of these lawyers here and said we're going to have to cut more and they said we will too, and I said great. Just let us know. And that's what we did. We let them know severely prejudice because we're not allowed to cut our own designations. We didn't cut theirs. We didn't touch theirs.
THE COURT: So how are you prejudiced by?
MS. MEYERS: So, Your Honor, we are not objecting to what was withdrawn three Fridays ago.
THE COURT: How are you prejudiced if they cut more now?
MS. MEYERS: The issue is that what we removed, or what we agreed to remove or lock in, was based off of our understanding of what their designations --
MS. VASQUEZ: And Your Honor --
MS. BREDEHOFT: We said, if there's any specific ones you have, let us know. They have never done that.
MS. BREDEHOFT: We've been doing this for two weeks, Your Honor.
MS. VASQUEZ: Your Honor, if I may. You would really to do this to us when we're trying to prepare for cross-examination, and take
MR. ROTTENBORN: They had a ten-day break to prepare for cross-examination.
MS. BREDEHOFT: Your Honor, there's no prejudice to them
MS. VASQUEZ: There is.
MS. BREDEHOFT: Give us one designation that we de-designated that somehow that's their prejudice. This is our testimony, Your Honor.
MS. MEYERS: After we were in court three Fridays ago, and we marked up our transcripts, we have not sent any further de-designations.
MS. VASQUEZ: And there's --
MS. MEYERS: They received some videos back and then they saw the time, and they started slicing more.
MS. BREDEHOFT: Exactly. We had to because we can't get our case in. We would be severely prejudiced by that.
THE COURT: But you knew from the very beginning.
MS. BREDEHOFT: Your Honor, actually, I don't agree that we knew from the very beginning. I know Your Honor said in the first week
THE COURT: Right.
MS. BREDEHOFT: We're going to go to 72 hours, and then Your Honor changed that down to 61. This is our case now, and once we got the times and, in fact, we have suffered a lot. Remember the Brandon Patterson one? Because they wouldn't agree to the authenticity of all those video clips, we had two hours and 49 minutes of authenticating each of those, and then they agreed to it, just as we were coming in for that. So we've got stuff for two hours and 49 minutes. came back said we can't do that. We have to cut.
MS. BREDEHOFT: When we got the time estimates, Your Honor, we And we did cuts. I'm not hearing any prejudice on our cuts, Your Honor. There isn't any prejudice. It's just like us not asking more questions. And we've said, specifically, and we've been doing this for two weeks, Your Honor. They didn't say a word until Friday night. And we said you're welcome to de-designate as well, and if you have any issues with any of our designations. But we cannot get our case on if we use the originals. We had to cut.
THE COURT: I can't -- I can't require her to use the originals that you based on. Just because you're doing this all by depositions, it's just a very strange case. But it's their case, I allow the de-designations, okay? Let's move on.
THE COURT: Thank you All right Are we ready for the jury?
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: All right Is
THE COURT: All right Be seated.
THE COURT: All right. Next question. EXAMINATION BY COUNSEL FOR THE PLAINTIFF AND
MS. VASQUEZ: Good morning, Ms. Heard.
MS. HEARD: Good morning.
MS. VASQUEZ: Your relationship with Mr. Depp began in October of 2011, right?
MS. HEARD: That's correct
MS. VASQUEZ: And you previously testified, multiple times, under oath, that the first year of your relationship with Mr. Depp was the best of times, right, Ms. Heard?
MS. HEARD: That is correct.
MS. VASQUEZ: You testified that as far as you could tell, Mr. Depp was sober that first year?
MS. HEARD: That is correct. That's what I used to believe.
MS. VASQUEZ: And that the first year was "magic"?
MS. HEARD: Yes, I always estimated it was about a 10 year.
MS. VASQUEZ: But now, you've told this jury that Mr. Depp was being violent with you throughout 2012; haven't you, Ms. Heard?
MS. HEARD: No, he took a break in the middle of 2012, when he was sober.
MS. VASQUEZ: You told them that he was hitting you in 2012, though; is that right?
MS. HEARD: He was hitting me in 2012. He just took a break in the middle.
MS. VASQUEZ: He was smashing things around you, right?
MS. HEARD: He did.
MS. VASQUEZ: And you told them that Mr. Depp was in and out of sobriety in 2012?
MS. HEARD: That is correct.
MS. VASQUEZ: You told this jury, then, "In 2012, I was in the beginning stages of this, just learning these patterns. I was learning that drinking kind of correlated with the violence."
MS. VASQUEZ: Is that right?
MS. HEARD: That is correct.
MS. VASQUEZ: So it was during these cycles of violence, in 2012, that you gave Mr. Depp a knife as a gift?
MS. HEARD: I gave him a knife, I think, for a birthday present early in our relationship. I believe it was around 2012. But I'm not certain.
MS. VASQUEZ: We've seen a picture of that knife, but I think we should bring out the real thing.
MS. VASQUEZ: Master Deputy Sheriff Halusa, may I, please, have you show the knife to Ms. Heard.
MS. HEARD: Yes, that's it.
MS. VASQUEZ: That's the knife you gave to the man I who was hitting you, right, Ms. Heard?
MS. HEARD: I was aware that he could have stabbed me with it, but I didn't know that for certain.
MS. VASQUEZ: But you gave it to him while he was I abusing you, allegedly?
MS. HEARD: I gave it to him that year.
MS. VASQUEZ: Master Deputy Sheriff Halusa, will you, please, show the knife to the jury.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: This is the knife you gave to the man who would get drunk and violent with you, right?
MS. HEARD: This is the same knife that I gave him as a present in 2012, yes.
MS. VASQUEZ: Now, Ms. Heard, I'm going to need to talk to you about what happened in Australia in March of 2015.
MS. VASQUEZ: You've testified that at some point during the incident you described, you witnessed Mr. Depp bashing a phone against the wall, right?
MS. HEARD: That is correct.
MS. VASQUEZ: You testified that the phone was 'r breaking into pieces?
MS. HEARD: I was watching it disappear.
MS. VASQUEZ: And Mr. Depp smashed it, I think your word was smithereens?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: And according to your testimony, this was a wall-mounted phone in the bar area?
MS. HEARD: That is correct.
MS. VASQUEZ: Let's take a look at Defendant's exhibit 1820.
MS. VASQUEZ: I believe this has I already been admitted into evidence. If we could have it published.
THE COURT: All right.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: You saw this photo during your direct
MS. HEARD: That is correct.
MS. VASQUEZ: And you testified that the wall-mounted phone that you saw Mr. Depp smash is on the wall on the left?
MS. HEARD: That's correct. So if you're looking at this picture, the wall -- the wall-mounted phone would have been behind you, on the left-hand side of your shoulder.
MS. VASQUEZ: It's not depicted in this photo, correct?
MS. HEARD: Whoever took this photo is standing right in front of where that mounted phone was.
MS. VASQUEZ: That's convenient.
MS. VASQUEZ: The pieces of the phone Mr. Depp O smashed aren't in this picture either, right?
MS. HEARD: You don't see it because whoever took this photo is standing in front of that.
MS. VASQUEZ: Whoever took this photo is Mr. Ben king, correct?
MS. HEARD: That's what I believe.
MS. VASQUEZ: Mr. king testified, under oath, in this trial, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And he testified that there was no wall-mounted phone smashed to smithereens that he had to replace, correct?
MS. HEARD: I didn't hear him testify to that, no.
MS. VASQUEZ: He did. Your counsel elicited it.
MS. HEARD: I disagree with that representation.
MS. VASQUEZ: You also saw the picture --
MS. VASQUEZ: Actually, can we please bring up Defendant's Exhibit 1821. Which is also admitted into evidence.
MS. VASQUEZ: You also saw this picture during your
MS. HEARD: That is correct.
MS. VASQUEZ: And so this is the bar area to the right of the wall-mounted phone you just described.
MS. HEARD: If you were facing in that direction. If you're facing this direction, it would be behind you.
MS. VASQUEZ: This phone on the counter isn't the phone that got smashed to smithereens, is it?
MS. HEARD: No. They brought that out during my testimony in the U.K. as well, and I said this in the U.K. trial as well. That that is not the phone, obviously, because that one's not smashed and it's not wall-mounted.
MS. VASQUEZ: So there are two phones in the bar area?
MS. HEARD: There was a wall-mounted phone, I don't know if it was decorative or what, but it looked antique, large and antique.
MS. VASQUEZ: And the large and antique one that's not depicted in any photographs, including ones you took, is the one that Mr. Depp damaged, correct?
MS. HEARD: That's correct. I only took pictures of the mirror.
MS. VASQUEZ: So there's no picture of that damaged phone?
MS. HEARD: I didn't take a picture of it, no.
MS. VASQUEZ: Okay. So back to the phone smashing. You watched Mr. Depp smash the phone, right?
MS. HEARD: That's correct. I watched it.
MS. VASQUEZ: And you testified that you were "watching the phone every single time he pulled his hand back"?
MS. HEARD: That's correct.
MS. VASQUEZ: And according to you, this is when I Mr. Depp lost the tip of his finger, right?
MS. HEARD: It is my best guess. I didn't notice his finger come off, obviously. I was watching him smash the phone and watching the pieces break while he was doing it.
MS. VASQUEZ: Well, it's not your best guess, Ms. Heard.
MS. HEARD: That is my best guess, yes.
MS. VASQUEZ: Okay. Let's go back to my questions. You submitted a declaration, under the penalty of perjury, in this case. Do you remember that?
MS. HEARD: That is correct.
MS. VASQUEZ: Okay. Let's look at that declaration.
MS. VASQUEZ: Your Honor, may I approach.
THE COURT: Yes, ma'am. Thank you.
MS. VASQUEZ: If we could, directing your attention, Ms. Heard, to the -- page 14 of the declaration.
MS. VASQUEZ: Is that your signature?
MS. HEARD: Yes, it is.
MS. VASQUEZ: And your signature appears right under the statement "I declare, under penalty of perjury, under the laws of the state of Virginia, that the foregoing is true and correct"?
MS. HEARD: That's correct.
MS. VASQUEZ: This is dated April 10th, 2019?
MS. HEARD: Correct.
MS. VASQUEZ: Now, let's look at paragraph 16, which is on page 5. Specifically, line 10.
MS. VASQUEZ: You write, testifying under oath, "While he was smashing the phone, Johnny severely injured his finger, cutting off the top of it. "
MS. VASQUEZ: Did I read that correctly?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: So you testified, in this courtroom, that after Mr. Depp smashed the phone, he held you down on the countertop by the neck.
MS. VASQUEZ: Do you remember that?
MS. HEARD: I'm not quite sure the exact sequence of things, but, yes, both of those things happened
MS. VASQUEZ: Okay. We'll get to the sequence. And this is when Mr. Depp supposedly assaulted you with a bottle, right?
MS. HEARD: On the countertop, he assaulted me.
MS. VASQUEZ: So, Mr. Depp was able to get you on the counter, right?
MS. HEARD: He held me down by my neck.
MS. VASQUEZ: And he held you down by your neck.
MS. HEARD: That's correct.
MS. VASQUEZ: And he grabbed a bottle, according to you, while holding you down by the neck, correct?
MS. HEARD: I'm sorry; could you clarify what you're asking me?
MS. VASQUEZ: While Mr. Depp is holding you by the neck, against the countertop, he grabs the bottle.
MS. VASQUEZ: That's your testimony?
MS. HEARD: No. Those two things didn't happen at the exact same time, no.
MS. VASQUEZ: So he's holding the bottle; is that your testimony, while holding you down by the neck?
MS. HEARD: Sorry. What was your question?
MS. VASQUEZ: Your testimony is, Ms. Heard, that either he has the bottle before or after he's, .1 holding you by the neck on the counter.
MS. VASQUEZ: Is that your testimony?
MS. HEARD: He held me by the neck on the counter.
MS. VASQUEZ: Where's the bottle?
MS. HEARD: At what point?
MS. VASQUEZ: While holding you down by your neck.
MS. HEARD: When he was assaulting me with the 8 bottle, it was in his hand.
MS. VASQUEZ: Okay. Was it in his band before or l O after he holds you down by your neck?
MS. HEARD: I was being held down while he assaulted me with the bottle.
MS. VASQUEZ: When he puts you on the counter, does I he have the bottle in his hand, yes or no?
MS. HEARD: As I have always said, I don't remember exactly what happened first, or I don't remember the sequence. I just remember being aware that I was being assaulted by a bottle while I was on the countertop.
MS. VASQUEZ: So he penetrates you with this bottle, but you don't know how he got the bottle, right?
MS. HEARD: That is correct.
MS. VASQUEZ: Okay. And he did that right after he lost the tip of his right middle finger?
MS. HEARD: Again, I don't remember the exact sequence of those events.
MS. VASQUEZ: We'll get to the sequence. And while he was on 8 to 10 MDMA pills, right?
MS. HEARD: Yes.
MS. VASQUEZ: Let's talk about the sequence. This is a sequence of events you testified to in this courtroom, that he smashed the phone to smithereens and then assaulted you -- lost the tip of his finger and then assaulted you with the bottle, yes, that's the sequence of events that you testified to in this courtroom?
MS. HEARD: To be clear, you're putting it in order when you say words like "then." I have never claimed that I can remember the exact sequence of these things. This is a multi-day assault that took place over three horrible days.
MS. VASQUEZ: Ms. Heard, we're not -- 122
MS. VASQUEZ: Ms. Heard, that's not my question. My question isn't about the three-day assault, allegedly, that occurred. I'm just talking about the sexual assault that you now allege occurred.
MS. HEARD: Yes, correct.
MS. VASQUEZ: Let's talk about the sequence. So you testified -- actually --
MS. BREDEHOFT: Do you have a copy?
MS. VASQUEZ: Yeah, I just realized that. We gave it to you yesterday. Court transcript.
MS. BREDEHOFT: This one?
MS. VASQUEZ: Yes.
MS. BREDEHOFT: Page?
MS. VASQUEZ: Ms. Heard, do you have a copy of day 16 in front of you?
MS. HEARD: Day 16 of my deposition?
MS. VASQUEZ: No, of the court transcript from this trial.
MS. HEARD: Oh, I didn't realize that. Yeah, I do.
MS. VASQUEZ: Okay. Let's look at the transcript. So you testified on page --
MS. BREDEHOFT: Page?
MS. VASQUEZ: I'm getting there.
MS. HEARD: All right.
MS. VASQUEZ: Are you there? Okay. The reason that we need to go through this, Ms. Heard, is because we understand that these are very serious allegations that you're making, right?
MS. HEARD: It was horrible. What happened to me, yes.
MS. VASQUEZ: All right. So let's go through them. Page 4506, line 2 through 3.
MS. VASQUEZ: I sit here now -- apologies. You testified on page 4506, "This all started when Mr. Depp took 8 or 10 pills of MDMA," right?
MS. HEARD: That is correct.
MS. VASQUEZ: Then, directing your attention to page 4518, line 19, you talk about Mr. Depp smashing a wall-mounted phone, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: Okay. Then on page 4519, at line 3, I you testified that while Mr. Depp is smashing the phone, he is screaming "I fucking hate you." Right?
MS. HEARD: Yes. He was screaming that, among other things.
MS. VASQUEZ: Okay. And further down, on page 4519, same page, lines 12 through 19, you talk about how you watched Mr. Depp smash the phone to smithereens, right?
MS. HEARD: That is correct.
MS. VASQUEZ: Then, continuing on, on the same page, 4519, line 20, you say something really important. "At some point, he's on top of me. No phone, but screaming the same thing."
MS. VASQUEZ: •15 Right?
MS. HEARD: I just remembered the sound, yes.
MS. VASQUEZ: You remembered and you testified to this jury that he didn't have the phone in his hand anymore?
MS. HEARD: When he was assaulting me with the bottle -
MS. VASQUEZ: Right.
MS. HEARD: He had the bottle in his hand. When he was punching the wall with the phone, he had the phone in his hand When he was punching the wall to my head, he had me by the throat. He did a lot of things that night.
MS. VASQUEZ: So you're acknowledging, by the sequence, not my words, your words, Ms. Heard, that you testified to this jury that Mr. Depp smashed the phone to smithereens before he assaulted you. That's the way -- that's the sequencing in which you testified, correct?
MS. HEARD: I have never testified to a sequence.
MS. VASQUEZ: Okay. Keep talking about that sequence. Then on page 4521, starting at line 3, you testified to being bent over backwards on the bar, right?
MS. BREDEHOFT: Your Honor, may we approach?
THE COURT: Okay.
MS. BREDEHOFT: The question I Ms. Vasquez is asking is not proper impeachment to use. She needs to ask the question and then go to the page and the line number and read what was testified to, to the page. Instead, what she's doing is she's characterizing her interpretation of the testimony. She keeps inserting her own language. That's not proper impeachment. She has to ask the question that's asked here and give a different answer and then go back and impeach her.
MS. VASQUEZ: I'm not impeaching her, first and foremost.
MS. BREDEHOFT: But she's --
MS. VASQUEZ: Ms. Bredehoft, I'I'm not impeaching her. This is the statements of the party opponent. I can use them, however I want, and I'm entitled to do that. So we're going through the transcript. These are Ms. Heard's statements, under oath, and I'm using them the way I see fit.
MS. BREDEHOFT: She's testifying to her own characterizations of what Ms. Heard is testifying to. She's used the word "sequence" I can't tell how many times. There's no word "sequence" in here, Your Honor.
THE COURT: You can ask the questions and you can use -- I understand. You can ask the question, just don't comment on the answer.
MS. VASQUEZ: Okay.
THE COURT: I would appreciate that.
MS. VASQUEZ: Okay. Thank you, Your Honor.
MS. VASQUEZ: BY MS. VASQUEZ:
MS. VASQUEZ: Directing your attention, Ms. Heard, to page 4521 starting at line 3. You testified to being bent over backwards on the bar, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And then feeling pressure on your pubic bone, like Mr. Depp was punching you, yes?
MS. HEARD: That's what I thought.
MS. VASQUEZ: And then further down, on page 4521, and on to 4522, you testified that you were concerned Mr. Depp was using a broken bottle on I ! 1 you, yes? 1
MS. HEARD: That was my fear. ,3
MS. VASQUEZ: Okay.
MS. HEARD: That's what I remember feeling.
MS. VASQUEZ: Ms. Heard, I'm going to show you Defendant's Exhibit 1816.
MS. VASQUEZ: Which has already been admitted.
THE COURT: Yes, ma'am.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: You saw this picture during your direct
MS. HEARD: I did.
MS. VASQUEZ: And you testified that this is a picture of the bottles that were next to Mr. Depp on a desk when you found him drinking in the morning, right?
MS. HEARD: That's correct.
MS. VASQUEZ: And this was the morning after Mr. Depp had allegedly sexually assaulted you, right?
MS. HEARD: It was the morning after he did assault me, yes.
MS. VASQUEZ: And if I understood your testimony correctly, you testified that this is the Maker's Mark bottle that Mr. Depp sexually assaulted you with?
MS. HEARD: I was never sure it was, but it was definitely that shape. Felt like that shape.
MS. VASQUEZ: But you testified, in this courtroom, that you had not seen this bottle until Ben King provided these photographs, correct?
MS. HEARD: Not in the course of the trial, I hadn't seen the photograph.
MS. VASQUEZ: You claim you had serious injuries after this alleged incident, right, Ms. Heard?
MS. HEARD: Depends on what you would call "serious."
MS. HEARD: For me, you know, having a sore jaw and some bruises, at the time, in my relationship, wasn't that serious.
MS. VASQUEZ: Okay. Let's testify-- let's focus on . the testimony that you gave about the injuries.
MS. VASQUEZ: Mr. Depp, as you testified yesterday, wears rings on every finger, right?
MS. HEARD: Sometimes. I mean, often. And certainly, in the later part of our relationship, that was more normal than not. But if he's filming or something like that, of course, he's not going to have his own jewelry on.
MS. VASQUEZ: Your testimony, in this trial, was "I don't know if I've ever known Johnny not to wear rings," correct?
MS. BREDEHOFT: Objection. Improper impeachment.
THE COURT: You need to put your microphone on.
MS. BREDEHOFT: Objection, Your Honor. Improper impeachment. If she's going to ask her a question, she has to show where that was.
THE COURT: Overrule the objection.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: Your testimony yesterday was "I don't know if I've ever known Johnny not to wear rings," right, Ms. Heard?
MS. HEARD: That's what I testified to, yes.
MS. VASQUEZ: And he was wearing rings on every finger in Australia, correct?
MS. HEARD: Not all the time. Not literally every single ring, every single day. But he often wears rings.
MS. VASQUEZ: Not often, Ms. Heard. Your words are "I've never known Johnny not to wear rings on every finger"?
MS. HEARD: That's what I testified to.
MS. VASQUEZ: Okay. And you testified that you bled as a result of this sexual assault, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: All right. And you testified that your forearms were cut?
MS. HEARD: My forearms and my feet.
MS. VASQUEZ: And your feet were sliced up?
MS. HEARD: That's correct.
MS. VASQUEZ: And you testified you had a bruise across your jaw?
MS. HEARD: That is correct.
MS. VASQUEZ: And there's not a single medical record reflecting treatment for any of those injuries; is there, Ms. Heard?
MS. HEARD: I didn't seek treatment.
MS. VASQUEZ: And the day after you sustained all these injuries, Dr. David Kipper came to the house in Australia, right?
MS. HEARD: Well, he came the third day, along with security.
MS. VASQUEZ: The day after you sustained these injuries, Dr. David Kipper came along with nurse Debbie Lloyd, correct?
MS. HEARD: Well, that fight went into the morning, like, early-hour morning, so, technically, that last day.
MS. VASQUEZ: Dr. David Kipper is Mr. Depp's -- or was Mr. Depp's physician, right?
MS. HEARD: I believe he still is.
MS. VASQUEZ: But he was at the time.
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: And he was also your physician?
MS. HEARD: He also saw me.
MS. VASQUEZ: No. Not saw you. He was your physician, correct, Ms. Heard?
MS. HEARD: Johnny was the client, but he also treated me.
MS. VASQUEZ: All right. Let's please pull up -- do you remember giving testimony in this case in a deposition, Ms. Heard?
MS. HEARD: Yes, I do. I've given a couple.
MS. VASQUEZ: If we could, please, pull up the deposition transcript, day 2. At 589, line 6 through 8.
MS. VASQUEZ: May I approach?
THE COURT: Yes, ma'am Thank you.
RAQUEL PENNINGTON: Thank you.
MS. VASQUEZ: Your Honor, we're going to play Ms. Heard's deposition for the jury, lines -- day 2, page 540, lines 6 through 9. Please have permission to publish it?
MS. BREDEHOFT: Your Honor, give me a minute.
MS. VASQUEZ: Excuse me, I'm sorry. Day 2, page 589, lines 6 through 8.
THE COURT: All right. Could you just give us a second to get there. 589.
MS. BREDEHOFT: I'm sorry, what were the pages again?
MS. VASQUEZ: Page 589, lines 6 through 8.
MS. BREDEHOFT: Wait. Did you say 40 or 589?
MS. VASQUEZ: 589. Lines 6 through 8.
MS. BREDEHOFT: Thank you. I have no objection, Your Honor.
MS. BREDEHOFT: Question: And he was your doctor at this point, right?
MS. BREDEHOFT: Answer: Yes, he was.
MS. VASQUEZ: Debbie Lloyd also came to the house that day?
MS. HEARD: Yes, she came with Kipper.
MS. VASQUEZ: Ms. Lloyd is a nurse, correct?
MS. HEARD: That's correct
MS. VASQUEZ: Malcohn Connolly also came to the house that day?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: Mr. Connolly is one of the security guards, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: You had known Mr. Connolly for years at that point?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: You flew back to Los Angeles the next day with Ben King; is that right?
MS. HEARD: I can't be certain if it was the next day or the day after, but somewhere around there, yes.
MS. VASQUEZ: And the day you arrived back in Los Angeles, you saw Travis McGivern, correct?
MS. HEARD: I don't recall seeing Travis, no.
MS. VASQUEZ: Do you recall Mr. McGivern picking you up from the airport with Ben King?
MS. HEARD: I don't remember that, no.
MS. VASQUEZ: The same day, you also saw your own nurse, Erin Boerum-Falati, that day, correct, the day you arrived in Los Angeles?
MS. HEARD: I don't remember if I saw her that day.
MS. VASQUEZ: You saw Ms. Falati's testimony in this case by video deposition, correct?
MS. HEARD: That's correct
MS. VASQUEZ: And you heard her testify that she saw you the day you arrived back from Australia on
MS. HEARD: I believe she testified that she came I . March 9th, 2015, correct?
MS. HEARD: To dinner, where I was with friends. I believe that.
MS. VASQUEZ: So she saw you that day?
MS. HEARD: I believe, that evening, I saw her at dinner.
MS. VASQUEZ: Okay. And then you saw Erin Boerum-Falati again, the next day, for a private meeting, didn't you?
MS. HEARD: I'm not sure. If that's what she testified to, I'd have to see the records to know.
MS. VASQUEZ: You heard her testify, according to her notes, she met with you privately on March 10th, 119 2015?
MS. HEARD: She met with me at some point upon my . arrival, but I don't remember the exact date.
MS. VASQUEZ: And when you were in Australia, Ms. Heard, you didn't take any pictures of the injuries you claim to have sustained, right?
MS. HEARD: I did not take any pictures, no.
MS. VASQUEZ: But you did take two pictures?
MS. HEARD: Of the mirrors. I took two pictures of the bathroom mirrors that were in the master bathroom, where I was.
MS. VASQUEZ: Let's please pull up Defendant's Exhibit 374, which is already in evidence.
MS. VASQUEZ: You took this picture, right, Ms. Heard?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: And this is a mirror in the bathroom in Australia?
MS. HEARD: That's correct.
MS. VASQUEZ: And this black paint on the mirror is from Mr. Depp?
MS. HEARD: That is correct.
MS. VASQUEZ: He wrote on the mirror in black paint after his finger was cut off, right?
MS. HEARD: Yes. I only know that because there was blood as well as paint.
MS. VASQUEZ: So you took this picture after Mr. Depp had injured his finger, correct?
MS. HEARD: This was while I was packing, when I was leaving.
MS. VASQUEZ: That's a yes, right, Ms. Heard?
MS. HEARD: That's - what's the question, I'm sorry?
MS. VASQUEZ: You took this picture after Mr. Depp had injured his finger?
MS. HEARD: That's correct.
MS. VASQUEZ: And you took this picture after you had allegedly been assaulted by Mr. Depp, yes?
MS. HEARD: That's correct.
MS. VASQUEZ: Yet, you didn't capture yourself in the mirror, did you?
MS. HEARD: I don't see myself in the mirror, no.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Let's please pull up Defendant's Exhibit 375.
MS. VASQUEZ: You took this picture as well, right, Ms. Heard?
MS. HEARD: That's correct.
MS. VASQUEZ: And this is from one of the bathroom mirrors in Australia?
MS. HEARD: That's correct.
MS. VASQUEZ: This is also a picture taken after Mr. Depp had injured his finger?
MS. HEARD: That's correct.
MS. VASQUEZ: And this is also a picture taken after you had allegedly been assaulted by Mr. Depp?
MS. HEARD: That's correct.
MS. VASQUEZ: You didn't capture yourself in the mirror in this picture either, did you?
MS. HEARD: I do not see myself in the mirror in that picture.
MS. VASQUEZ: Is that because you didn't have any visual injuries on you?
MS. HEARD: Because I was taking a picture of the IS writing.
MS. VASQUEZ: Let's talk about the writing on this mirror.
MS. VASQUEZ: So this writing in black paint is from Mr. Depp, correct?
MS. HEARD: It's all from Mr. Depp.
MS. VASQUEZ: And it's your testimony, under oath, that you did not write the red text that says "call Carly Simon, she said it better, babe"?
MS. HEARD: That's correct.
MS. VASQUEZ: Because if you did write that, it means that your husband was walking around the house bleeding from his amputated finger and you're writing snarky messages to him on a mirror, right?
MS. HEARD: I don't know what your question to me is, I'm sorry.
MS. VASQUEZ: Let's please take a look at Defendant's Exhibit 1830.
MS. VASQUEZ: And I believe this picture is also admitted into evidence.
THE COURT: That's correct.
MS. VASQUEZ: This is a picture of the same mirror, right?
MS. HEARD: That's correct.
MS. VASQUEZ: But you didn't take this picture?
MS. HEARD: No, I did not.
MS. VASQUEZ: This is the one that Ben King took?
MS. HEARD: And I don't see him in the mirror either.
MS. VASQUEZ: I don't believe he claimed he had injuries, though; is that right?
MS. HEARD: I did not hear Ben King talk about his injuries, no.
MS. VASQUEZ: So you would agree, Ms. Heard, that the Is black text on the mirror says "She loves naked photos of herself. So modem, so hot"?
MS. HEARD: I had not read that yet - I mean before. But, yes, that's what it says.
MS. VASQUEZ: So, you were taking pictures of the text, but you had not read that before?
MS. HEARD: I haven't seen this. It didn't make sense to me at the time when I read it in person.
MS. VASQUEZ: Again, Mr. Depp wrote that?
MS. HEARD: I don't know who else would have.
MS. VASQUEZ: So, Ms. Heard, just to be clear, it's your testimony that Mr. Depp also wrote the message in red about Carly Simon saying it better, right?
MS. HEARD: That's correct.
MS. VASQUEZ: You know Carly Simon wrote the song "You're So Vain," right?
MS. HEARD: I was told that.
MS. VASQUEZ: So it's your testimony that Mr. Depp was writing messages to himself on the mirror back and forth?
MS. HEARD: The best I can describe it is it looked like a crazy conversation. It was on the wall. It was on the lampshade.
MS. VASQUEZ: With himself?
MS. HEARD: It was on the cushions.
MS. VASQUEZ: It's your testimony that the crazy conversation was with himself?
MS. HEARD: That's what it looks like from the bloody messages I found.
MS. VASQUEZ: You would agree with me that in this photograph, the red text is being smudged with black paint, right?
MS. HEARD: Yes.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Let's please pull up, if we can, Defendant's Exhibit 35 -- excuse me, 375
MS. VASQUEZ: (indiscernible) this is a picture you took, right?
MS. HEARD: That's correct.
MS. VASQUEZ: So Mr. Depp must have not liked his own message to himself?
MS. HEARD: I'm not quite sure what was happening when Ben took that picture - his photograph, no.
MS. VASQUEZ: Let's please pull up Plaintiff's exhibit 343, which is already in evidence. And play the portion from 1 :57:21 through 1 :58:54.
MS. VASQUEZ: It's a recording, Your Honor.
THE COURT: All right.
MR. DEPP: It's just to get out of a bad situation while it's happening or gets worse. In Australia, when we had the big fight, where I lost the tip of my finger, at least five bathrooms and two bedrooms I went to, to, to --
MS. HEARD: To avoid talking to me. To avoid working it out. That's the problem.
MS. HEARD: You don't escape the fight, 1143 you escape the solution. You escape the solution.
MS. HEARD: You escape figuring it out. We cannot work it out if you run away to the bathroom every time.
MS. HEARD: I'm not giving you a minute break You do it at minute three, at the beginning of the argument.
MS. HEARD: No. There are rounds, man. And when it gets too fucking hairy, the ref splits them apart or whatever. But all I'm saying is, you can't have a solution if the argument just keeps mounting and mounting and mounting and mounting. I'll fucking go into the bathroom and sit on the floor. Barn, barn, bam. Here you come. I come out. Fight, fight, fight. Crazy. Escalated. I go, I split again. I go to another fucking bathroom or bedroom or something. Knock, knock, knock. Bang, bang, bang. You kept coming to get me.
MS. HEARD: Every --
MS. VASQUEZ: This is what really happened in Australia, isn't it, Ms. Heard?
MS. HEARD: I did knock on a bathroom door on the first night.
MS. VASQUEZ: Not a bathroom door, five bathroom doors and two bedrooms; is that right?
MS. HEARD: Johnny is not an accurate historian of what happened during that period of time.
MS. VASQUEZ: Ms. Heard, Ms. Heard, Ms. Heard. That's not my question.
MS. VASQUEZ: Five bathroom doors, two bedrooms, that's what you knocked on. That's what actually happened in Australia, isn't it, Ms. Heard?
MS. HEARD: I was there.
MS. VASQUEZ: So that's a yes?
MS. HEARD: I remember. I knocked on one bathroom door. I came, on the first night, after he decided to take the bag of MDMA-
MS. VASQUEZ: Ms. Heard.
MS. HEARD: And I checked on him.
MS. VASQUEZ: Ms. Heard.
MS. VASQUEZ: I'm going to move to strike everything after "I knocked on one bathroom door."
MS. BREDEHOFT: She can't do that. She's answering the question.
THE COURT: Not quite. So, I will sustain the objection.
THE COURT: Just answer the question, okay, ma'am?
MS. VASQUEZ: The recording we just listened to, that's exactly what happened in Australia. Mr. Depp lost the tip of his finger after you threw a bottle at him; isn't that right?
MS. HEARD: That is incorrect.
MS. VASQUEZ: You're the one who assaulted someone with a bottle in Australia; isn't that right, Ms. Heard?
MS. HEARD: I didn't assault Johnny in Australia. I didn't assault Johnny ever. I couldn't -
MS. VASQUEZ: And then after he was injured, he had to hide from you, right, five bathrooms, two bedrooms?
MS. HEARD: That is incorrect.
MS. VASQUEZ: And you would pursue him?
MS. HEARD: That is incorrect.
MS. VASQUEZ: Because he was avoiding talking to you, right?
MS. HEARD: He did that first night - I I
MS. VASQUEZ: And he was avoiding --
MS. HEARD: And I wanted to talk to him about the drugs.
MS. VASQUEZ: And he was avoiding working it out?
MS. HEARD: No. He was avoiding agreeing to not fight about the drugs.
MS. VASQUEZ: You weren't scared of him at all, were you?
MS. HEARD: I have a mixed relationship with Johnny, and one in which I'm scared, one in which I love him very much.
MS. VASQUEZ: I'm not talking about your mixed I , relationship. That night, in Australia, after you cut off his finger with a bottle, you weren't scared of him at all, were you?
MS. HEARD: This is a man who tried to kill me. Of course it's scary. He's also my husband I 7
MS. VASQUEZ: Ms. Heard, I'm going to show you what's been marked as Defendant's Exhibit 371.
MS. VASQUEZ: I do not believe these have been admitted into evidence.
THE COURT: No, I don't -- I don't have them
MS. VASQUEZ: If we can scroll down, please.
MS. BREDEHOFT: (Indiscernible.)
MS. VASQUEZ: No.
THE COURT: Ms. Bredehoft, if you don't have your microphone on, I cannot hear you.
MS. BREDEHOFT: My apologies.
THE COURT: You still don't have it on.
MS. BREDEHOFT: I need to take a look at the unredacted for a minute, Your Honor. Just bear with me.
THE COURT: All right.
MS. VASQUEZ: I'm not admitting anything into evidence yet. I would like to just talk to the witness about it, if I could.
THE COURT: Okay. Go ahead.
THE COURT: Is
MS. VASQUEZ: Thank you, Your Honor.
MS. VASQUEZ: Ms. Heard, I'm going to show you what's been marked as Defendant's Exhibit 371. Do you recognize these text messages between you and Dr. Cowan?
MS. HEARD: I don't recognize these, no.
MS. VASQUEZ: Who is Dr. Cowan? ,14
MS. HEARD: He was my therapist that was recommended to me from Dr. Kipper. He and Dr. Kipper work together.
MS. VASQUEZ: He's your therapist at the time, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And you had been seeing him for almost a year, in March of 2015?
MS. HEARD: My guess would be about six months, at that point.
MS. VASQUEZ: Your text messages are in gray, correct?
MS. BREDEHOFT: Your Honor, I'm going to ask that she show her the unredacted so that she can see the text exchange back and forth. If she wants to talk about moving in the redacted later.
MS. VASQUEZ: Okay.
THE COURT: Okay. Pull it up.
MS. VASQUEZ: Seeing these unredacted messages, does this refresh your recollection that these are, indeed, communications between you and Dr. Cowan?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: Okay. Your text messages are in gray, correct?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: And Dr. Cowan's are in blue?
MS. HEARD: That is correct.
MS. VASQUEZ: Okay. Do you see the text message at the bottom of the page from March 8th, 2015, at 8:29 p.m.?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: March 8th is the day that you were allegedly sexually assaulted by Mr. Depp in Australia, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: So on March 8th, 2015, you were in Australia?
MS. HEARD: That is correct.
MS. VASQUEZ: And Mr. Depp's finger had just been cut off, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And you write to Dr. Cowan "I feel so lost. I can't talk. I don't know if I'll ever be able to change."
MS. VASQUEZ: Did I read that correctly?
MS. HEARD: That's correct.
MS. VASQUEZ: You weren't able to change, were you, Ms. Heard?
MS. HEARD: I very much wanted to leave the relationship I was in, but I didn't have the power - I didn't feel I had the power to leave. I knew I was in a very toxic relationship with Johnny, and I knew I needed to change that. I knew it was, at this point, horrible for me, and I talked to my therapist often about that.
MS. VASQUEZ: I'm going to move to admit Exhibit -- Defendant's exhibit 371 as redacted, with just Ms. Heard's messages.
THE COURT: All right.
MS. BREDEHOFT: Your Honor, I object because she has left out the next two lines from Ms. Heard, that clarify even further. And I also think--
MS. VASQUEZ: Ms. Bredehoft, may we, please, approach with this?
MS. VASQUEZ: I'm going to ask, Your Honor, that Ms. Bredehoft --
THE COURT: I just need -- what's your legal objections, Ms. Bredehoft? I can't have talking objections.
MS. BREDEHOFT: I'm sorry. I'm sorry. I think if you look at the redacted --
THE COURT: You're saying they redacted more of her statements?
MS. BREDEHOFT: Yes, they did not -- she's got more in here --
THE COURT: Right.
MS. BREDEHOFT: That gives the context of this. And they're trying to take it out of context and just put these three in. Right I 8 after that, she has two more, but she also has the ones before that. And then we have Dr. Cowan ! IO responding to it.
MS. VASQUEZ: Your Honor, she's able p2 to --
THE COURT: But this is their evidence. This is not (indiscernible), Ms. Bredehoft.
MS. BREDEHOFT: When we were objecting when it was their case-in-chief, they were able to put context in, Your Honor.
THE COURT: You didn't object to having in the context. You didn't object to them having the context.
MS. BREDEHOFT: Actually, we did.
THE COURT: No, you did not.
MS. VASQUEZ: Your Honor.
THE COURT: Do you have any objection to context coming in?
MS. VASQUEZ: It's our evidence. We would just like the text messages that I read into the record that Ms. Heard has testified are her texts. That's it.
MS. VASQUEZ: I'm trying to make this as easy as possible for the Court and Ms. Bredehoft by redacting the hearsay. Trying to be respectful of the Court's time and the jury's time.
MS. VASQUEZ: She's is purposely interrupting my -- she's purposely interrupting the flow of this
THE COURT: She's got a valid same part of that. Same one, Your Honor. She's saying --
MS. VASQUEZ: Clearly, I can't-- Ms. Bredehoft--
MS. BREDEHOFT: She wants to keep that objection. That's fine.
MS. BREDEHOFT: The next two are the out, but that's part of the exact same text exchange.
THE COURT: On direct-- redirect, if you want to put that in there. I don't know if that adds to your case, but if you want to put that in there on redirect, you can redirect on it, okay?
MS. BREDEHOFT: Thank you, Your Honor.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: Thank you.
MS. VASQUEZ: So, Your Honor, I'm going to move to admit Defendant's Exhibit 371 as redacted.
THE COURT: All right. 3 71 into evidence as redacted, over objection.
MS. BREDEHOFT: Thank you, Your Honor.
THE COURT: Yes,ma'am
MS. VASQUEZ: If you could publish that to the jury. Thank you.
MS. VASQUEZ: So you write, Ms. Heard, to Dr. Cowan, I feel so lost. I can't talk. I don't know if I'll ever be able to change.
MS. VASQUEZ: Right?
MS. HEARD: And I said "I clearly can't figure this out." Meaning the relationship.
MS. VASQUEZ: You didn't say that.
MS. HEARD: I did.
MS. VASQUEZ: Not the relationship. Your text message is "Clearly I can't figure this out. I ! 10 feel so lost right now."
MS. HEARD: What I was saying to him- Ms. Heard. That's not my question.
MS. VASQUEZ: No, no, no. Ms. Heard, Ms. Heard,
MS. HEARD: (Indiscernible due to cross talking) in the relationship.
MS. VASQUEZ: The text. Just the text. n 7
MS. HEARD: That's exactly what I was saying.
MS. VASQUEZ: What you texted. "Clearly I can't figure this out. I feel so lost right now."
MS. HEARD: That's what I was saying.
MS. VASQUEZ: Okay. Thank you.
MS. BREDEHOFT: Your Honor, just for clarification, so those two next lines did come in?
THE COURT: They are in the redacted copy.
MS. BREDEHOFT: Good. Thank you.
MS. VASQUEZ: Ms. Heard, you contend that there's another incident of abuse in March of 2015, after you and Mr. Depp return from Australia; is that correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And this incident took place on March 23rd, 2015?
MS. HEARD: That's correct.
MS. VASQUEZ: And this supposedly occurred in the penthouse at the Eastern Columbia Building?
MS. HEARD: That's correct.
MS. VASQUEZ: You had found text messages between Mr. Depp and another woman, right?
MS. HEARD: That is correct.
MS. VASQUEZ: So you confronted him about cheating on you?
MS. HEARD: That's correct.
MS. VASQUEZ: And this was about two weeks after you had returned from Australia?
MS. HEARD: That's correct.
MS. VASQUEZ: So this is shortly after Mr. Depp supposedly sexually assaulted you with a bottle, right?
MS. HEARD: It was two weeks after he assaulted me, yes.
MS. VASQUEZ: You decided to confront him about cheating on you?
MS. HEARD: I didn't decide to. I wanted to.
MS. VASQUEZ: Mr. Depp's finger was freshly injured at this point, right?
MS. HEARD: He had a cast on it.
MS. VASQUEZ: The top of his right finger had been cut off two weeks prior?
MS. HEARD: That is correct.
MS. VASQUEZ: And he had a pin in his finger, true?
MS. HEARD: I don't recall when the pin was placed.
MS. HEARD: Skin graft?
MS. HEARD: I'm not quite sure. He had several different procedures, and they were kind of spread out over a period of time, so I don't remember what happened and when, exactly.
MS. VASQUEZ: One of the procedures was to treat the MRSA that got on his finger, too, right?
MS. HEARD: At some point, I know he had an infection.
MS. VASQUEZ: And his right hand was in a bandage, right?
MS. HEARD: It was casted.
MS. VASQUEZ: So it's your testimony that Mr. Depp was able to attack both you and your sister with his hand in that state, right?
MS. HEARD: That is correct. He had a hard, plaster cast on it.
MS. VASQUEZ: Debbie Lloyd was present in the penthouses when Mr. Depp supposedly attacked you; isn't that correct?
MS. HEARD: That's correct.
MS. VASQUEZ: In fact, you claim that Mr. Depp threw a Red Bull can at Ms. Lloyd that evening?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: And you put in a sworn statement to I that effect in the U.K. case, right?
MS. HEARD: That is correct b
MS. VASQUEZ: But that's not true, is it?
MS. HEARD: That's what happened.
MS. VASQUEZ: You know what a deposition is, right, Ms. Heard?
MS. HEARD: I've had several, yes.
MS. VASQUEZ: So you know it's when someone provides testimony under oath?
MS. HEARD: That is correct.
MS. VASQUEZ: You're aware that Ms. Lloyd was deposed in connection with this case, correct?
MS. HEARD: That's true.
MS. VASQUEZ: And Ms. Lloyd's deposition testimony was played earlier in this trial right?
MS. BREDEHOFT: I'm going to object, Your Honor. May we approach?
THE COURT: All right.
MS. BREDEHOFT: You cannot impeach somebody else's testimony. We have to impeach with them, that witness' testimony. She's testifying to what Ms. Lloyd testified to, attempting to impeach her, and that's improper.
MS. VASQUEZ: I'm not impeaching her with this testimony. I'm stating what statements have been made in court --
THE COURT: During this trial.
MS. VASQUEZ: During this trial.
MS. BREDEHOFT: And that's hearsay, for her to testify to what she says somebody else testified.
THE COURT: That's not. I'll overrule the objection.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: BY MS. VASQUEZ:
MS. VASQUEZ: So, in a deposition, Ms. Heard, you know it's when someone provides testimony under 1118 oath, right?
MS. HEARD: That's correct.
MS. VASQUEZ: You're aware that Ms. Lloyd was deposed 121 in connection with this case? ,22
MS. HEARD: That's correct.
MS. VASQUEZ: And Ms. Lloyd's deposition testimony was played earlier in this trial?
MS. HEARD: Yes.
MS. VASQUEZ: So you heard Ms. Lloyd testify, under oath, that Mr. Depp never threw a can of Red Bull at her?
MS. HEARD: I can't remember if she didn't - if she didn't recall that or if she said it didn't happen. I don't remember. I vaguely sense she didn't recall anything.
MS. VASQUEZ: So it's your testimony that Ms. Lloyd would forget that Mr. Depp, a very famous patient of hers, threw a can of Red Bull that nearly missed her, according to your version of events?
MS. HEARD: To be fair, I just don't remember if she said, when she testified, that she didn't recall that incident or if it didn't happen. I don't remember what she testified to, but I have a vague sense that she didn't recall much, at all.
MS. VASQUEZ: She recalled and she testified, in this courtroom, that Mr. Depp never threw a can of Red Bull at her. That was her testimony, wasn't it?
MS. HEARD: I don't recall what her testimony was, with regard to that one incident, no.
MS. VASQUEZ: You actually filed a complaint against Ms. Lloyd's nursing license right before she was supposed to be deposed in this case, didn't you?
MS. HEARD: No. I don't - I don't believe I did.
MS. VASQUEZ: Are you aware that someone filed a complaint against Ms. Lloyd's nursing license in connection with her care of Mr. Depp for failing to report abuse?
MS. HEARD: No. I had no idea. You're the first person to let me know about that
MS. VASQUEZ: It's your testimony, under oath, that wasn't you?
MS. HEARD: That is my testimony. I didn't even know about that until now.
MS. VASQUEZ: Travis McGivern was also present when Mr. Depp supposedly attacked you, correct?
MS. HEARD: He walked in at some point.
MS. VASQUEZ: And you heard his testimony that it was actually you who punched Mr. Depp; isn't that right?
MS. HEARD: It's always been my own testimony that I hit Johnny.
MS. VASQUEZ: And you who was throwing things at Mr. Depp?
MS. HEARD: I hit him in the defense of my sister . I didn't have anything to throw at him I never threw anything at him I hit him when he attacked me and my sister, specifically when he moved for her. That's when I hit him I
MS. VASQUEZ: So it's your testimony, under oath, you threw nothing at Mr. Depp? Mr. McGivern's lying?
MS. HEARD: I have thrown things at Johnny, to be clear.
MS. VASQUEZ: No, no, no, that evening.
MS. HEARD: No, that - not on that occasion.
MS. VASQUEZ: So it's your testimony Mr. McGivern imagined that you were throwing things at Mr. Depp from the mezzanine level down towards where Mr. Depp and Mr. McGivern were standing?
MS. HEARD: Well, he certainly wasn't going to say it about his client
MS. VASQUEZ: Ms. Heard, you and Mr. Depp kept a journal together, didn't you?
MS. HEARD: Yes, we did.
MS. VASQUEZ: And you wrote each other messages in that journaL right?
MS. HEARD: That is true.
MS. VASQUEZ: If we could, please, pull up Plaintiffs Exhibit 91. I'm going to be , showing you portions of this, so if we could, please, call this Plaintiffs Exhibit 91A.
MS. VASQUEZ: This is the journal that you and Mr. Depp kept with each other in electronic form, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: And if we could scroll through.
MS. VASQUEZ: These are all entries that you made in the journal correct?
MS. HEARD: Is it done?
MS. VASQUEZ: Uh-huh.
MS. HEARD: Yes.
MS. VASQUEZ: I'm going to move for the admission of Plaintiffs Exhibit 91A. And I've gone ahead and redacted Mr. Depp's writings as on hearsay grounds.
MS. BREDEHOFT: I'm going to object, Your Honor. May we approach?
THE COURT: Okay.
MS. BREDEHOFT: Your Honor, I'm going to object on the basis of Rule 2:106. When part of a writing or recorded statement is introduced by a party, upon motion by another party, the Court may require the offering party to introduce any other part of the writing or recorded statement which ought in fairness to be considered contemporaneously with it, unless such additional portions are inadmissible under the Rules of Evidence.
THE COURT: Which would be inadmissible, hearsay.
MS. BREDEHOFT: Well, I don't know-- I mean, I didn't have an opportunity to see which ones she's just going to move.
THE COURT: She is putting in Ms. Heard's statements, not Mr. Depp's statements.
MS. BREDEHOFT: But it she doing all of Ms. Heard's statements or just one?
MS. VASQUEZ: Some of them
THE COURT: Some of them
MS. BREDEHOFT: Then I would like to see if, in fairness, others of Ms. Heard's should be in there as well.
THE COURT: I'll overrule the objection.
MS. VASQUEZ: Thank you.
THE COURT: Thank you.
MS. BREDEHOFT: May we be told which pages?
THE COURT: Can you tell her which pages?
MS. VASQUEZ: Yes.
MS. BREDEHOFT: Will we know that before?
MS. VASQUEZ: I'm going to go through it as we go through it.
THE COURT: Could you just tell her I those pages?
MS. VASQUEZ: I'll call them out.
THE COURT: Could you let her know before you go through it, which pages they are?
MS. VASQUEZ: Sure.
MS. VASQUEZ: BY MS. VASQUEZ:
MS. VASQUEZ: Let's start with the first page. It's the picture.
MS. BREDEHOFT: Your Honor, they haven't given me the pages yet.
THE COURT: Can you tell them which pages number they are?
MS. VASQUEZ: I'm writing them down.
THE COURT: Okay. Let's write them I down first.
THE COURT: Sorry, Judy. Let's write them down first.
MS. BREDEHOFT: Thank you, Your Honor.
THE COURT: All right.
MS. VASQUEZ: If we could, please, publish this to the jury.
THE COURT: 91A in evidence.
MS. VASQUEZ: Thank you.
THE COURT: Over objection.
MS. VASQUEZ: This is a picture that's on the inside cover of the love notebook, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And this is a picture of you and :Mr. Depp?
MS. HEARD: That's correct.
MS. VASQUEZ: And you're in Australia in this picture, aren't you?
MS. HEARD: Yes. But that's much later, once we returned.
MS. VASQUEZ: You can see that Mr. Depp's right hand is bandaged, right?
MS. HEARD: Yes, that's correct. That was after it had recovered significantly. That's not what it looked like during the incident we were just talking about.
MS. VASQUEZ: So this is a picture after the events in Australia in March 2015, correct?
MS. HEARD: Yes, that photograph was taken months
MS. VASQUEZ: Can we have the jury take a look at that photograph again, please.
MS. VASQUEZ: Let's, now, tum to page 3.
MS. VASQUEZ: This is a note you wrote in the journal to Mr. Depp, correct?
MS. HEARD: That's what it looks like, yes.
MS. VASQUEZ: This is actually the first note you wrote to him in this journal?
MS. HEARD: I don't remember what the first note was.
MS. VASQUEZ: The date on this note is May 22nd, 2015, correct?
MS. HEARD: That is correct. That was during our honeymoon period.
MS. VASQUEZ: This is just a little bit over two months after the events in Australia in March of 2015, right?
MS. HEARD: That's correct. We were back in a honeymoon phase. That was the period of sobriety I spoke about yesterday.
MS. VASQUEZ: When Mr. Depp -- after Mr. Depp had, allegedly, assaulted you with a bottle, right?
MS. HEARD: It was after the stairs, and it was after the Australia incident, yes. He got clean and sober and we went back to Australia.
MS. VASQUEZ: It's also two months after you punched Mr. Depp because you allegedly thought he was going to throw your sister down the stairs, right?
MS. HEARD: I hit him when he swung at my sister. And this is written months later, yes.
MS. VASQUEZ: You thought he was going to throw your sister down the stairs like he had thrown Kate Moss down the stairs, right?
MS. HEARD: He swung at Whitney, and I heard a rumor, a vague rumor about that. And so, it's what I thought of.
MS. VASQUEZ: This first message to Mr. Depp in your journal you write "True love isn't about just the madness of passion or instead picking the safety of peace. No, it's about having both. Falling madly in love with your friend. That is what has surprised me perhaps most, that I have seen in you the true bones of friendship and respect. But of course, I still, perhaps more than ever, want to rip you apart, devour you and savor the taste. Fret not. XX Slim."
MS. HEARD: Yes, it's a love note.
MS. VASQUEZ: Did I read that correctly?
MS. HEARD: Yes, you did.
MS. VASQUEZ: And you're "Slim," right?
MS. HEARD: That's correct.
MS. VASQUEZ: Ms. Heard, I'm now going to ask you to take a look at the very last entry you wrote in this journal which seems to be from April 8th. That would be April 8th, 2016, correct?
MS. HEARD: I'm not quite sure. I don't see the year written on there, and I don't recognize it yet.
MS. VASQUEZ: It would be a couple weeks -- April 8th would be a couple weeks before your birthday, though, right?
MS. HEARD: That's correct. y 120
MS. VASQUEZ: Just to confirm, this is a note you wrote to Mr. Depp, right?
MS. HEARD: That's what it looks like, yes.
MS. VASQUEZ: On the second page of this note, you wrote the following "I'm sorry I can get crazy. I'm sorry I hurt you. Like you, I can get wicked when I'm hurt, when I feel provoked, shattered. And last night I was. I felt abandoned about the Lily-Rose thing, felt absolutely bewildered about your not coming home on my last night here. I was heartbroken and angry after many attempts in vain, on my part, to rectify situation and make amends on the last night of what was otherwise a gorgeous trip with you. I'm so sorry for my part.
MS. VASQUEZ: None of this is meant to be an excuse for hurting you because the truth is, nothing is. There's never a reason good enough to hurt you. You are the last thing in the whole world who deserves it. Last person I ever meant to hurt. I love you, Steve. I am forever yours, Slim" Did I read that correctly?
MS. HEARD: That's correct.
MS. VASQUEZ: Ms. Heard, let's take a look at 1 21 Defendant's Exhibit 423.
MS. VASQUEZ: Which is already in evidence.
MS. VASQUEZ: This is a picture of you with what appears to be straight, red marks on your arms, correct?
MS. HEARD: Those are scars from the broken glass.
MS. VASQUEZ: They're straight and red, right?
MS. HEARD: I am - I disagree with how you characterize that But they are red, yes.
MS. VASQUEZ: And they're on your left ann?
MS. HEARD: Yes. That's correct.
MS. VASQUEZ: Ms. Heard, you have a history of cutting yourself, don't you?
MS. HEARD: I do not.
MS. VASQUEZ: You cut your arm once as a teenager; isn't that right?
MS. HEARD: No, I said I wanted to, when I was put on birth control pills when I was a teenager. I got - I felt crazy and I said I felt suicidal.
MS. VASQUEZ: So it's your testimony, under oath, that you didn't report to Dr. Hughes, your retained psychologist, that you had cut yourself as a teenager once?
MS. HEARD: I said I had told my mom that I wanted to, when I was a teenager.
MS. VASQUEZ: Ms. Heard, we heard some testimony from you yesterday about a trip you and Mr. Depp took on a train in Southeast Asia.
MS. VASQUEZ: Do you recall that?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: That was when you and Mr. Depp went on your honeymoon trip, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And that was in July 2015?
MS. HEARD: Yes, that sounds right.
MS. VASQUEZ: Let's take a look at Plaintiff's exhibit 162, which is already in evidence.
MS. VASQUEZ: You were here, in this courtroom, right, Ms. Heard, when Malcolm Connolly testified to taking this picture?
MS. HEARD: That's correct.
MS. VASQUEZ: This is the picture. The picture shows an injury to Mr. Depp's face, doesn't it?
MS. HEARD: I disagree. I've seen this picture.
MS. VASQUEZ: Okay. Ms. Heard, I got the answer.
MS. HEARD: I've seen this picture before, and he's I 1: not injured in it
MS. VASQUEZ: He's not injured in this picture?
MS. HEARD: Uh-huh.
MS. HEARD: That's your testimony? Fine. This one is Photoshopped.
MS. VASQUEZ: Ms. Heard, I have your answer. Thank you. This is the only photograph on your honeymoon that shows someone with an injury, correct?
MS. HEARD: That's not true.
MS. VASQUEZ: We haven't seen any photos of injuries to your face from that train trip, have we?
MS. HEARD: I don't believe my face was injured on I that trip.
MS. VASQUEZ: Let's take a look at Exhibit 91A, at page 46. Going back to the love journal. This is a note from you to Mr. Depp, right?
MS. HEARD: That is correct.
MS. VASQUEZ: This is a note you wrote on July 22nd, 2015?
MS. HEARD: That is correct.
MS. VASQUEZ: And it starts off with the words "my husband. Happy honeymoon," right?
MS. HEARD: That's correct.
MS. VASQUEZ: Ms. Heard, please take a look at Plaintiffs Exhibit 91A, at page 67. This is another note from you to Mr. Depp in your journal, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And this one is dated August 1st, 2015?
MS. HEARD: That's correct.
MS. VASQUEZ: And you write "That's enough. You've held this book hostage long enough. Although I can't wait to read my note, I also couldn't wait to tell you how much I adore you. What a beautiful extraordinary, magical memorable, wonderfuL stunning, surprisingly evolving, and impulsive adventure. I couldn't have imagined a more gorgeous honeymoon. I love you more and more every passing day. XX Slim." Did I read that right?
MS. HEARD: That is correct.
MS. VASQUEZ: Let's take a look at the journal entry starting on page 68.
MS. VASQUEZ: This is another entry from you, writing to Mr. Depp, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And this one's dated August 2nd?
MS. HEARD: That is correct, yes.
MS. VASQUEZ: This one is a longer one, so let's go to where it ends, on page 70 of the journal.
MS. VASQUEZ: And you write "I hope that things said in anger and pain were just that. And that you miss and love me too. And that is what matters most to you. You may say you stand by everything you said and did and that there's nothing you can learn from this, but I don't feel that way. And it's important for me that you know that. I love you and I'm sorry. I miss my warm, loving husband. XX Slim"?
MS. HEARD: That is correct.
MS. VASQUEZ: And sad, the word "sad" is crossed out?
MS. HEARD: That is true.
MS. VASQUEZ: Next, we have a journal entry from you on page 89.
MS. VASQUEZ: This one's -- this is another note from you to Mr. Depp?
MS. HEARD: That is correct. The whole book is love notes.
MS. VASQUEZ: Uh-huh. So this is dated August 15th, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: And here, you write "My love, why do we fight, ever? Why? I love you more than anything else. Are we that uncomfortable with being vulnerable? Were we scared or is it something else? I don't know. But I'm sure of one thing, and it's that I can't imagine" living -- "that I can't imagine my life without you. I love you. I will do better. I'm sorry. X Slim."
MS. VASQUEZ: Did I read that correctly?
MS. HEARD: That is correct.
MS. VASQUEZ: It's your testimony this was a love journal?
MS. HEARD: That is correct. It was primarily love notes and-
MS. VASQUEZ: And apology notes from you to Mr. Depp?
MS. HEARD: The book was more of a love note book, and part of the communication, obviously, since we fought so much, it was important for me to, you know, try to nurture as much peace as we possibly could And when things were good, they were really good.
MS. VASQUEZ: And it was also an opportunity for you to apologize to Mr. Depp for your behavior, isn't it?
MS. HEARD: I think it's important, in every relationship, to apologize when you're trying to move past fights.
MS. VASQUEZ: Let's look at an entry from August 17, 2015, starting on page 90, Here, you write "I'm sorry I shook the I I wheel so hard. I'm sorry we've tested the shocks and brakes to this point. Goddamn I love you, I, Johnny. I love you. I am tied to you forever. You know that. So I'm tasked with making this work for that reason and many others, of which there are many. Let me try to fix this. Let me try to patch this. Let me try to make your heart better. You deserve it. Hell, maybe even I do. I need you. We need each other. You're my cornerstone, my heart, my all. You're my life. I hate it when we fight. I hate having you hurt. I hate that you're hurting. I love you more than anything. Let me prove it. I need you. I love you. Slim.
MS. VASQUEZ: Did I read that correctly?
MS. HEARD: Yeah. Another example of me trying to fix it. I was always trying to fix it.
MS. VASQUEZ: Fix it by apologizing for your bad behavior?
MS. HEARD: !tried everything.tried apologizing. I tried reading. I tried therapist. I tried everything to fix it.
MS. VASQUEZ: Yet, you couldn't change, like you told Dr. Cowan, right?
MS. HEARD: I couldn't change my relationship.
MS. VASQUEZ: Let's talk about December 15th, 2015, Erin Falati, your personal nurse, saw you two days after the incident on December 15th, 2015; isn't that right?
MS. HEARD: She did not see me as in a medical visit She just dropped off meds late at night.
MS. VASQUEZ: She saw you personally, though?
MS. HEARD: She physically saw me, but did not see me in the medical sense, the way a doctor might see a patient. She did not see me in that way.
MS. VASQUEZ: She's your personal nurse, right?
MS. HEARD: She was a nurse assigned to me. I didn't hire her. Johnny did.
MS. VASQUEZ: She was assigned to you, so when she would see you, it would be physically, in person, in your home and traveling, correct?
MS. HEARD: She would sometimes see me as, like, a medical professional would And other times, she would just drop off meds and physically see me, like as in with her eyes.
MS. VASQUEZ: All right. You testified that during the incident on December 15th, 2015, Mr. Depp broke the bed, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: And more specifically, you described that he broke the bed frame with his boot while trying to get a purchase; is that correct?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: Let's take a look at Defendant's exhibit 509, which is already in evidence.
MS. VASQUEZ: If we could, please, have that published to the jury. Thank you.
MS. VASQUEZ: Ms. Heard, this is a picture that you indicated depicts the broken bed, right?
MS. HEARD: That's exactly it.
MS. VASQUEZ: And it's your testimony that Mr. Depp caused this damage to the bed with his boot, right?
MS. VASQUEZ: There?
MS. VASQUEZ: He did Is that a pocket knife on the bed I cannot tell what's on the bed. Did you use that to damage the bed?
MS. HEARD: I did not damage the bed. Johnny's I boot did, when he was punching me. I could feel him slipping.
MS. VASQUEZ: Ms. Heard, you also testified that there was blood all over the pillows on the bed, correct?
MS. HEARD: On the pillow top, yes. That's !s correct. I.
MS. VASQUEZ: But you didn't take a picture of that, O though, did you?
MS. HEARD: I did not take a picture of this.
MS. VASQUEZ: About a week after the December 15th, 2015 incident, you went with Mr. Depp and his children to the island of the Bahamas; is that correct, to celebrate Christmas?
MS. HEARD: The incident was on the 15th and we went on the 23rd, I believe.
MS. VASQUEZ: While you were there, you did a photo shoot with Greg Williams, correct?
MS. HEARD: A few days later. I think the photo shoot was about two weeks after this assault.
MS. VASQUEZ: Let's, please, pull up I Plaintiffs Exhibit 99.
MS. VASQUEZ: This is a photograph of you on Mr. Depp's island shortly after December 15th, 2015, correct?
MS. HEARD: No. This was taken weeks later.
MS. VASQUEZ: On the island, on that trip?
MS. HEARD: It was taken on the island, on that trip.
MS. VASQUEZ: On that trip?
MS. HEARD: Yes.
MS. VASQUEZ: December 15th, you traveled to the island December 23rd, that's your testimony?
MS. HEARD: It's my recollection that this picture was taken on New Year's Eve of the first day of the year. I think New Year's Eve.
MS. VASQUEZ: And this is the photo shoot with Greg Williams, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: I'm going to move to admit and publish.
MS. BREDEHOFT: No objection.
THE COURT: All right. 99. You can publish.
MS. VASQUEZ: Could we, please, have a zoom into Ms. Beard's face. Thank you, Tom.
MS. VASQUEZ: Let's please pull up Plaintiffs Exhibit 100.
MS. VASQUEZ: I'm going to move to admit and publish.
MS. BREDEHOFT: No objection, Your Honor.
THE COURT: All right. 100 in evidence and published.
MS. VASQUEZ: Ms. Heard, this is another picture of you from that photo shoot, correct?
MS. HEARD: Yes, this is the same photo shoot that you asked me about earlier, and this is several weeks later.
MS. VASQUEZ: Right.
MS. VASQUEZ: If we could zoom in on Ms. Heard's face.
MS. VASQUEZ: Thank you, Tom.
MS. VASQUEZ: Let's please pull up Plaintiffs Exhibit 101.
MS. VASQUEZ: And I'm going to move to admit and publish.
THE COURT: Any objection?
MS. BREDEHOFT: Can we just have the foundation first, please?
MS. VASQUEZ: This is a picture from the photo shoot, Ms. Heard, that was taken on the island?
MS. HEARD: This is the same photo shoot, yes.
MS. BREDEHOFT: Then no objection, Your Honor.
THE COURT: All right. 101 in evidence. You can publish.
MS. VASQUEZ: If we could, please scroll -- zoom in, excuse me, Tom, on Ms. Heard's face.
MS. VASQUEZ: It's your testimony, Ms. Heard, that you were wearing makeup for this photo shoot?
MS. HEARD: That's correct. It's a photo shoot.
MS. VASQUEZ: Okay.
MS. VASQUEZ: If we could, please, pull up Exhibit 102.
MS. VASQUEZ: Ms. Heard, is this another picture from the photo shoot?
MS. HEARD: I can't exactly tell from the background. It looks like the same thing, but I can't really tell, without it being zoomed out.
MS. VASQUEZ: This is a picture of you, though, right?
MS. HEARD: It is a picture of me, yes.
MS. VASQUEZ: I'm going to move to admit and publish.
THE COURT: All right. Any objection?
MS. BREDEHOFT: I'm not going to object because she identified herself. If she could identify when it was taken, that would help, but I'm not going to object. No objection.
THE COURT: No objection. Okay. 117 in evidence. You can publish.
MS. VASQUEZ: Let's please pull up Plaintiff's exhibit 103.
MS. VASQUEZ: Ms. Heard, this is yet another picture of you from that Greg Williams photo shoot correct
MS. HEARD: That is correct. This is from the same shoot.
MS. VASQUEZ: I'm going to move to admit and publish.
MS. BREDEHOFT: No objection.
THE COURT: All right. 103 in evidence. Publish.
MS. VASQUEZ: Again, if we could zoom in on Ms. Heard's face.
MS. VASQUEZ: And finally, if we could, please, pull up Plaintiffs Exhibit 104.
MS. VASQUEZ: And, Ms. Heard, this is a picture of I you from that photo shoot, correct?
MS. HEARD: Again, this is the same photo shoot, weeks later.
MS. VASQUEZ: I'm going to move to admit and publish.
MS. BREDEHOFT: No objection, Your Honor.
THE COURT: All right. 104 in evidence. Thank you.
MS. VASQUEZ: Again, if we could zoom in on Ms. Beard's face.
MS. VASQUEZ: Thank you, Tom.
MS. VASQUEZ: You testified that you and Mr. Depp got into a fight while on the island, December of 2015, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And this all started because you perceived Mr. Depp as nodding off during the trip, right?
MS. HEARD: I thought he was passing out again in the similar fashion to what he had done the previous year.
MS. VASQUEZ: And when he nodded off, he spilled wine on you, correct?
MS. HEARD: Yeah. Two or three times in a row.
MS. VASQUEZ: You testified that Mr. Depp's son, Jack, was there when this happened, right?
MS. HEARD: At the beginning, he was there.
MS. VASQUEZ: He was there when Mr. Depp allegedly spilled wine on you two or three times, right?
MS. HEARD: He was there for that because he offered me help
MS. VASQUEZ: Right. You also testified that Mr. Depp, then, sexually assaulted you in the bathroom, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: You testified that after this, you needed to get away from him, right?
MS. HEARD: That is correct.
MS. VASQUEZ: So you ran out of the house?
MS. HEARD: That's correct.
MS. VASQUEZ: And you admit you threw something at him, right?
MS. HEARD: I did throw something at him, to get away.
MS. VASQUEZ: You sat in this courtroom when Tara Roberts testified, right, Ms. Heard?
MS. HEARD: I did.
MS. VASQUEZ: She's Mr. Depp's manager on the island?
MS. HEARD: Yes, that's correct. witnessed an argument between you and Mr. Depp on
MS. VASQUEZ: You heard her testify that she the island in December of 2015, right?
MS. HEARD: I-yes, that's correct. Yes.
MS. VASQUEZ: And you heard her testify that Mr. Depp was trying to escape you, right?
MS. HEARD: I don't know if she - I don't know if Is she characterized it like that, but that was the gist of it. She kind of misrepresented it to seem like that, yes.
MS. VASQUEZ: She misrepresented it? How convenient.
MS. HEARD: That's correct.
MS. VASQUEZ: And then you kept apologizing to Mr. Depp, right, that's what Ms. Roberts said?
MS. HEARD: No, that's not correct.
MS. VASQUEZ: Begging him to come back to the house I with you?is
MS. HEARD: That's not correct.
MS. VASQUEZ: Clawing at him? She used those words.
MS. HEARD: That's not correct. When she interrupted us, Johnny had me by the hair.
MS. VASQUEZ: Yelling at him?
MS. HEARD: We were screaming, both of us, but I don't know what she would have heard.
MS. VASQUEZ: And that she observed an injury on Mr. Depp's nose from something you threw at him , ,;1,2 right?
MS. HEARD: I don't know what she observed.
MS. VASQUEZ: You also heard Ms. Roberts testify that she included all this information in a sworn statement in the U.K. in May of 2020; isn't that right?
MS. HEARD: That is correct.
MS. VASQUEZ: You put in a witness statement in I response to Ms. Roberts' statement in June of ! 2020; isn't that correct, in the U.K.?
MS. HEARD: I made several - I did several - I think seven witness statements, and each one contained different information as per recent its filings. That's what counsel has you do in that-
MS. VASQUEZ: And in response --
MS. HEARD: Case.
MS. VASQUEZ: To previous filings, correct, including testimony from people that contradict your story?
MS. HEARD: Sort of So what you have to do is your counsel asks you to respond to things and you put it in a declaration of sorts and that happens back and forth over the course of preparing to go to trial in that country And that's what I did
MS. VASQUEZ: So that was your fifth witness statement submitted in the U.K.?
MS. HEARD: I don't recall which one I was asked to comment on Tara Roberts' testimony.
MS. VASQUEZ: I'll remind you.
MS. VASQUEZ: If we could have Ms. Beard's fifth witness statement from the U.K.
MS. VASQUEZ: May I approach, Your Honor?
THE COURT: Yes, ma'am.
THE COURT: All right. Thank you.
RAQUEL PENNINGTON: Thank you.
MS. VASQUEZ: Directing your attention, Ms. Heard, to page 6 of your fifth witness statement. It's here that you describe the December 2015 incident, correct, on the island?
MS. HEARD: I haven't read through the statement. I just don't know if I had commented on it before, j in a previous witness statement. As I said, there were several.
MS. VASQUEZ: But starting on page 6, Ms. Heard, you describe the incident that took place on the island, correct?
MS. HEARD: That's correct, but what I'm trying to say is -
MS. VASQUEZ: I understand.
MS. HEARD: I'm not sure I described it in full, in this statement.
MS. VASQUEZ: Okay. I'm going to show you your confidential schedule to the fifth witness statement, that accompanied the fifth witness statement in the U.K.
MS. VASQUEZ: Ms. Bredehoft.
MS. BREDEHOFT: Thank you.
MS. VASQUEZ: May I approach?
THE COURT: Yes, ma'am. Thank.you.:
RAQUEL PENNINGTON: Thank you.
MS. VASQUEZ: In the confidential schedule to your fifth witness statement, paragraph 1, on page 21, you describe Mr. Depp sexually assaulting you in the Bahamas in December 2015, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And that's the first time you ever claimed that Mr. Depp had sexually assaulted you in the Bahamas?
MS. HEARD: That is incorrect.
MS. VASQUEZ: You only submitted the confidential schedule in the U.K. claiming Mr. Depp had sexually assaulted you after Ms. Roberts had said that she saw you on the island chasing, clawing at Mr. Depp; isn't that correct?
MS. HEARD: That is incorrect.
MS. VASQUEZ: If we could,please,pull up Plaintiffs Exhibit 394.
MS. VASQUEZ: Your Honor, this is another recording. I can represent to the Court this only contains Mr. Depp and Ms. Heard's voices. I'm going to move to admit the entire recording. I'm only going to play from 1:17:44 through 1:20:02.
THE COURT: All right. Any objection?
MS. BREDEHOFT: Which Plaintiffs Exhibit, Your Honor?
MS. BREDEHOFT: I think I have no objection.
THE COURT: All right. I'll go with that. All right. 394 in evidence.
MS. VASQUEZ: Thank.you, Your Honor.
MS. VASQUEZ: (Whereupon, the following audio was played.) 1 1 O
MS. HEARD: What were you talking about today? Because I can only mean, like, I say, when I say I'm going to try and change our flight today or I'm going to work on my little blog. I can only do those things. And since I have been doing those things--
MS. HEARD: Working on those things and not doing certain things and trying to change (indiscernible).
MS. HEARD: Hence, last several times we've (indiscernible).
MR. DEPP: Hence, screaming when I spilled wine accidentally on you; for falling asleep and screaming in front of my kids and freaking Jack out? And that's trying?
MS. HEARD: I would appreciate -- yeah, you're right. You're right, Johnny.
MS. HEARD: I'm sorry I fucked your son up, Johnny.
MS. HEARD: I'm sorry I fucked your kids up.
MS. HEARD: I'm so sorry.
MS. HEARD: Because I jumped up and screamed because I wine on my clothes? I (indiscernible)? You're right.
MS. HEARD: And I'm surprised. He's so young. Send me the bill for the counseling. I'm sure that's terrifying.
MS. HEARD: No, you're right. Your poor kids.
MS. HEARD: Use them against me again.
MS. HEARD: (Indiscernible.)
MS. HEARD: Your character is --
MS. HEARD: Your character has become so clear, especially when you use them It's embarrassing for you.
MS. HEARD: I'm going to walk away now because you're actually making it, making me see you even I worse. And believe me, I'm not going to be calling you at 3:00 in the morning after an Ambien and think, oh, now just fucking forgive me. Move on. Trust me.
MS. HEARD: It is gross how you're using your kids. I've done nothing but be there for them in a good way. And if you take that for granted, fine. Fine. You're right.
MS. HEARD: Meet a woman who would not jump up and scream when if she had been spilled on three times in a row. And I hope you're happy with whoever that is because that would be a special kind of fuckin' person. We're done.
MS. VASQUEZ: BY MS. VASQUEZ: It's not direct examination.
MS. VASQUEZ: That's you and Mr. Depp in that recording, right?
MS. HEARD: That's correct.
MS. VASQUEZ: And you're discussing what happened in the Bahamas in December of 2015, right?
MS. HEARD: No. That's not correct We're discussing a part of it.
MS. VASQUEZ: You're discussing when you screamed at Mr. Depp in front of his children, correct?
MS. HEARD: No. We were talking about a part of that argument.
MS. VASQUEZ: Including when you screamed at Mr. Depp, in front of his children?
MS. HEARD: That's not a fair characterization of what happened.
MS. VASQUEZ: Mr. Depp says you screamed at him when l he accidentally spilled wine on you, correct?
MS. HEARD: I realize that's what Johnny said. /I
MS. VASQUEZ: And Mr. Depp tells you that this I freaked out his son, Jack?
MS. HEARD: Johnny often used other people to back ,14 him up in our arguments.
MS. VASQUEZ: You don't seem too concerned about that, do you?
MS. HEARD: I had a lot of concern.
MS. VASQUEZ: You don't seem -- you don't mention ,19 Mr. Depp sexually assaulting you in this recording, do you?
MS. HEARD: That was not the point of that conversation. If I had gotten into the details of what happened to me with him, it would have been another fight.
MS. VASQUEZ: You just accused Mr. Depp of "using his kids," right, in that recording?
MS. HEARD: Like he often uses other people, yes.
MS. VASQUEZ: And you challenged him to find a woman who will not "jump up and scream if she has been spilled on three times in a" rote -- "row"?
MS. HEARD: That is correct.
MS. VASQUEZ: Not a woman who would put up with sexual abuse, right?
MS. HEARD: I was pointing out the ridiculous nature of him expecting me not to react to something that basic.
MS. VASQUEZ: Your Honor, would this be a good time for a break?
THE COURT: All right. We can do that. That's fine.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: Ladies and gentlemen, let's go ahead and take our morning recess for 15 minutes. Do not discuss the case with anybody, and don't do any outside research.
THE COURT: We'll see you in 15, okay?
THE COURT: All right. Let's go ahead and come back at 10: 4 7, then.
THE COURT: All right. 10:47, thank you.
COURT BAILIFF: All rise.
COURT BAILIFF: All rise.
COURT BAILIFF: Please be seated and come to order.
THE COURT: All right. Do you want to take the stand.
THE COURT: All right. Are we ready for the jury?
MS. VASQUEZ: Yes, Your Honor.
THE COURT: Thank you.
THE COURT: All right. Thank you. Be All right. Your next question. l :3 seated.
MS. VASQUEZ: Thank you, Your Honor.
MS. VASQUEZ: Ms. Heard, you've testified repeatedly that you were concerned about Mr. Depp's substance use during your relationship, right?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: But you weren't concerned enough to stop using drugs and alcohol yourself, were you?
MS. HEARD: I did not use drugs when I was with Johnny, like in his presence, aside from the times I testified about with you.
MS. VASQUEZ: So you weren't concerned enough to stop using drugs and alcohol the times you've testified to in front of this jury, right?
MS. HEARD: As I testified to earlier, I took drugs ,20 in Johnny's presence on those two occasions, early in our relationship, in 2013.
MS. VASQUEZ: So you never changed your own behavior j to support Mr. Depp in his sobriety, did you?
MS. HEARD: I did a lot of changing to support his sobriety. I tried everything that I could possibly think of.
MS. VASQUEZ: But you drank wine around Mr. Depp on a 1 6 regular basis, correct?
MS. HEARD: I did drink wine.
MS. VASQUEZ: And you took Mr. Depp to Hicksville to do "laughy drugs like mushrooms," right?
MS. HEARD: That's correct.
MS. VASQUEZ: And you testified that despite what supposedly happened in Hicksville, you decided to take MDMA with Mr. Depp on a plane to Russia in June of 2013, correct?
MS. HEARD: As I mentioned, those are the two occasions.
MS. VASQUEZ: You testified that this was the last time you would make that mistake, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And when asked if you would ask Mr. Depp to get you MDMA in Australia, you said that was "ridiculous," right?
MS. HEARD: That is correct.
MS. VASQUEZ: Because you had learned your lesson the hard way on the plane to Russia?
MS. HEARD: Russia, yes, that's correct.
MS. VASQUEZ: Yours and Mr. Depp's wedding in the Bahamas was in February of 2015, right?
MS. HEARD: That is correct.
MS. VASQUEZ: So that would have been after the Russia flight?
MS. HEARD: Yes. When I did - when we had mushrooms on the island for my hen party, my bridal party before. We were not with Johnny. I was not with Johnny at the time.
MS. VASQUEZ: It was your wedding with Mr. Depp on the island, right?
MS. HEARD: To be clear, we were both on the same island, we just weren't around each other that evening. We had kind of separate parties, bridal party and a groom's party.
MS. VASQUEZ: And your wedding was a month before Australia, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: And you arranged to have drugs at your wedding, correct?
MS. HEARD: Like I said, we had mushrooms on - for my bridal party beforehand
MS. VASQUEZ: On the island for your wedding?
MS. HEARD: Before the wedding.
MS. VASQUEZ: On the island?
MS. HEARD: On the island, yeah.
MS. VASQUEZ: Can we, please, pull up IO Plaintiff's Exhibit 1262.
MS. VASQUEZ: This is an email you sent on February 1st, 2015, correct?
MS. HEARD: That is correct. Yes, that's correct.
MS. VASQUEZ: Okay.
MS. VASQUEZ: I'm going to move to admit and publish Plaintiff's exhibit 1262.
THE COURT: Any objection?
MS. BREDEHOFT: Yes, Your Honor. May we approach?
THE COURT: Sure.
THE COURT: We'll get you down with PLANE I that microphone eventually b
MS. BREDEHOFT: It turns off on it's I own, Your Honor. I put it on and then I don't realize it's off.
THE COURT: I don't think so.
MS. BREDEHOFT: I have to object more often so that it stays on.
THE COURT: All right. What's your objection?
MS. BREDEHOFT: This was produced after -- this is not in the exhibits that defendants [sic] have.
MS. VASQUEZ: I don't think that's true.
MS. BREDEHOFT: 1262. 1262, which was not in their trial exhibits.
THE COURT: Is it in your evidence?
MS. VASQUEZ: Well, nevertheless, this is an email from Ms. Heard -- I'm not certain that that's true, first and foremost. Second of all, this is an email from Ms. Heard.
THE COURT: Okay.
MS. VASQUEZ: And I can use her statements after the fact.
THE COURT: All right.
MS. BREDEHOFT: But it's not for impeachment purposes.6
THE COURT: It's a plaintiff's?
MS. VASQUEZ: Plaintiff's, yes.
MS. BREDEHOFT: It should have been provided in discovery, Your Honor. We produced our exhibits.
MS. BREDEHOFT: But it's not impeachment. There's nothing about it that's impeachment.
MS. VASQUEZ: It is. It's her statement. It's an email. She just testified. I laid the foundation. And, frankly, Ms. Heard should have produced this. This is her email, Ms. Bredehoft. She should have produced it.
MS. BREDEHOFT: This was produced in discovery. This was in discovery. She was asked about it in U.K., Your Honor.
MS. VASQUEZ: So it was produced in discovery? So what's the objection?
THE COURT: What's your objection?
MS. BREDEHOFT: Because it was not a trial exhibit. That's what we got objected to --
THE COURT: I think it's Exhibit A is in Exhibit --
MS. BREDEHOFT: It's not one of our exhibits.
MS. VASQUEZ: It has a Bates number. It was produced in discovery, and it's my exhibit --
MS. BREDEHOFT: It's not a trial exhibit.
THE COURT: It's cross-examination now.
MS. BREDEHOFT: But it's not an impeachment. There's nothing that impeaches her.
THE COURT: I'll overrule the objection.
MS. BREDEHOFT: All right.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: Your Honor, if we could, please, have Ms. Beard's email published to the Jury.
THE COURT: All right. 1262 in
MS. VASQUEZ: This is a schedule for your wedding weekend, right, Ms. Heard?
MS. HEARD: No, it's not. It's a proposed draft of a schedule. It ended up being quite different.
MS. VASQUEZ: Do you see where it says 7:00 p.m. rehearsal dinner?
MS. HEARD: Yes, I see that.
MS. VASQUEZ: Next item 011 the list says "after dance party and drugs and music," right?
MS. HEARD: That is correct.
MS. VASQUEZ: So you plan to have drugs at your wedding to someone you characterized as a drug addict?
MS. HEARD: To be fair, we were to have separate parties, as I mentioned. So, a bridal party before this. The schedule ended up changing quite a bit and this is a draft, clearly, that was sent before there were a lot of changes made. The bridal party -
MS. VASQUEZ: So your original idea -- Ms. Heard, ,6 your original idea was to have a rehearsal dinner with your husband, the drug addict, the monster, and do drugs with your girlfriends on the island after your rehearsal dinner? .10
MS. HEARD: I realize that the email suggests, but that's not -
MS. VASQUEZ: It's not what it suggests, Ms. Heard, it's what you said in that email.
MS. HEARD: Right. But what I'm trying to say is that the schedule ended up changing. We ended up doing the little (indiscernible due to cross talking) --
MS. VASQUEZ: So your original idea was to do drugs -- original idea was to do drugs on an island after your rehearsal dinner, to the drug-fueled monster you were about to marry, right?
MS. HEARD: As the email suggests, there was going to be weed on the island. This does not reference the cuddle puddle that I just referenced to you.
MS. VASQUEZ: You like to do drugs on special occasions, right, Ms. Heard?
MS. HEARD: I have before.
MS. VASQUEZ: And you did drugs, again, for your 30th birthday, right?
MS. HEARD: That is correct. That was a huge mistake.
MS. VASQUEZ: Your 30th birthday dinner was on April 21st, 2016?
MS. HEARD: Yes, it was the day before my birthday, correct.
MS. VASQUEZ: You testified that Mr. Depp was running 1! I 6 late to the celebration, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: You asked Mr. Depp to bring you alcohol when he arrived; is that right?
MS. HEARD: So, the utility closet, where we kept the wine, was right by the elevators. And I also told him he could bring in a joint. I wouldn't bite his head off if he did.
MS. VASQUEZ: So that's a yes?
MS. HEARD: That's correct I told him I wouldn't be angry.
MS. VASQUEZ: Okay. Let's look at Plaintiffs exhibit 1263.
MS. BREDEHOFT: Your Honor, I'm going to ask to show -- first of all, this one hasn't been produced. This has not -- it's a brand-new trial exhibit, so I don't have it. I would like an unredacted copy, and then I would like an unredacted copy to be shown to the witness.
THE COURT: Do you have an unredacted copy?
MS. VASQUEZ: We can make one, Your Honor.
THE COURT: Okay.
MS. VASQUEZ: Your Honor, may we approach about this?
THE COURT: All right.
THE COURT: Ms. Bredehoft.
MS. BREDEHOFT: Oh, I'm sorry.
MS. VASQUEZ: Your Honor has already overruled Ms. Bredehoft's objection that it's not on our "exhibit list."
THE COURT: I know. For
MS. BREDEHOFT: Your Honor didn't allow any of our new evidence in --
THE COURT: No, that's not true.
MS. VASQUEZ: Cross-examination.
THE COURT: Here's all the -- 1804, 1558 --
MS. BREDEHOFT: Those were the pictures from Ben King (indiscernible), Your Honor. That's the only one we were able to allow in, and that's because they didn't produce them in discovery.
MS. VASQUEZ: Cross-examination doesn't
MS. BREDEHOFT: They have to give us an unredacted copy so we can see it.
THE COURT: I understand now, but it doesn't have to be on their exhibit list to have cross-examination. You agree with that, right?
MS. BREDEHOFT: Well, it depends. I think it depends on the circumstances, Your Honor, whether it has to. Cross-examination just
THE COURT: Well, we're past that.
MS. BREDEHOFT: I don't know what this document is.
THE COURT: If you need to see it-- but they need to see the unredacted part.
MS. VASQUEZ: The only thing redacted, Your Honor, is -- I'm just going to show her one text message. The only thing redacted is personal identifiers.
THE COURT: There's a whole chunk [.2 there. I just don't know what's there.
MS. VASQUEZ: There's text messages from other people. I was trying to make things a little easier. This is how Ms. Bredehoft produced her text messages. So it has text messages from a bunch of people.
THE COURT: Is there something that was supplied to you from them?
MS. VASQUEZ: Yes.
THE COURT: Do you have the discovery?
MS. VASQUEZ: It's there. I mean, this is how Ms. Heard produced her text messages.
MS. BREDEHOFT: We gave copies to them of everything that we had, Your Honor. They're now (indiscernible) not giving us copies, but then they're giving us copies of redactions. We need to be able to look at it.
THE COURT: I agree.
MS. VASQUEZ: It's just a text message. The only thing redacted is it's one text message, that I would like to present; it's hers.
THE COURT: I understand. But they're entitled to see the unredacted page.
MS. VASQUEZ: Okay.
THE COURT: So if you don't have that now, maybe you can try later.
MS. VASQUEZ: I have it. We can show it to her.
THE COURT: Okay. Just show her that.
MS. VASQUEZ: Thank you. Okay.
MS. BREDEHOFT: Thank you, Your Honor.
THE COURT: Thank you.
MS. VASQUEZ: I'm going to show the unredacted messages to counsel for Ms. Heard on the laptop because I don't have a hard copy.
THE COURT: Okay.
MS. BREDEHOFT: Let's just approach for a minute.
THE COURT: What's that?
MS. BREDEHOFT: During the lunch break, Your Honor, can they give us hard copies so at least -- I'm not asking them to give it to me in advance, but if they don't have hard copies, at least during the lunch break --
THE COURT: They'll get you hard copies for the ones at lunchtime. Moving forward.
MS. BREDEHOFT: Moving forward.
THE COURT: Moving forward.
MS. BREDEHOFT: That's fine. And then hard copies of whatever they can't give me now.
THE COURT: Right now, you'll just look at the laptop.
MS. BREDEHOFT: I understand that.
MS. VASQUEZ: We'll produce it.
MS. BREDEHOFT: But at the lunch break, if they can give it to me, the hard copies.
THE COURT: That's fine. At lunchtime. Okay.
MS. BREDEHOFT: Thank you.
MS. VASQUEZ: Here you go.
MS. VASQUEZ: So, Ms. Heard --
MS. BREDEHOFT: Your Honor, I'm going to object to asking questions while I'm looking at this.
THE COURT: If you could give her a b moment, please.
MS. VASQUEZ: Sure. ,5
THE COURT: Thank you. Okay.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: All right. Thank you.
MS. VASQUEZ: Okay.
THE COURT: So any objection to 1263 as redacted?
MS. BREDEHOFT: No, Your Honor.
THE COURT: All right. 1263 in evidence. Thank you.
MS. VASQUEZ: Thank you, Your Honor.
MS. VASQUEZ: Ms. Heard, directing your attention to I the Plaintiff's Exhibit 1263. This is a text ! 19 messages that you sent to Mr. Depp, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: And you sent this message to Mr. Depp the day you had your 30th birthday dinner correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And you write "Hey baby, bring up something to drink and/or a joint. I'm in if you are. See you in a minute? XX."
MS. VASQUEZ: Did I read that right?
MS. HEARD: That is correct.
MS. VASQUEZ: And then the next day you went to Coachella and consumed MDMA and mushrooms, right, Ms. Heard?
MS. HEARD: I did. Johnny was not there for that.
MS. VASQUEZ: Right. Let's talk a little bit more about your 30th birthday. You testified about this incident multiple times, haven't you?
MS. HEARD: That is correct.
MS. VASQUEZ: But yesterday, you told this jury that you were not called upon to provide a detailed accounting of all physical and sexual abuse by Mr. Depp until February 2020; is that correct?
MS. HEARD: I testified that I had not been able to do so until February 2020, in -- outside of the context of the Cole deposition.
MS. VASQUEZ: Actually, I misspoke. February 2022, I this year?
MS. HEARD: Right, sorry. I did the same thing you did.
MS. VASQUEZ: Okay. And you did that in something called an interrogatory; is that correct?
MS. HEARD: The interrogatory response was the first time that I could do that, outside of the context of being asked certain questions in a deposition.
MS. VASQUEZ: And you testified about your 30th birthday in this interrogatory, correct?
MS. HEARD: I believe so, yes. Yes.
MS. VASQUEZ: Nonetheless, you testified to a new detail about your 30th birthday for the first time in this courtroom, didn't you?
MS. HEARD: No, that's incorrect.
MS. HEARD: Sexual assault, no less?
MS. HEARD: I had just not placed when that happened. I was never sure if that was the same time that he did that on the night of my birthday. And I maintain that, as well, in my deposition.
MS. VASQUEZ: You told this jury that the evening of your 30th birthday dinner, Mr. Depp "grabbed you by the pubic" bone -- "pubic area" and "pushed you down," right?
MS. HEARD: That is correct.
MS. VASQUEZ: This detail isn't in your interrogatory response, is it, Ms. Heard?
MS. HEARD: That detail is in my interrogatory response, yes.
MS. VASQUEZ: Let's pull up your interrogatory response.
MS. VASQUEZ: If we could, please, bring up -- Ms. Bredehoft.
MS. BREDEHOFT: Thank you.
MS. VASQUEZ: May I approach, Your Honor?
THE COURT: Yes, ma'am. Thank you.
RAQUEL PENNINGTON: Thank you.
MS. VASQUEZ: If we could go to your interrogatory responses, at page 57. These are signed under the penalty of perjury, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: You testified, again, to this jury, that this was the first time you were given an opportunity to write down everything and include all your evidence, right?
MS. HEARD: That is correct.
MS. VASQUEZ: Okay. So let's go to page 57.
MS. VASQUEZ: At the top of page 57, "Johnny and I were not in a good place. I begged him to make my birthday dinner." Do you see that?
MS. HEARD: That is correct.
MS. VASQUEZ: So starting on page 57, you start describing your birthday dinner, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: All right. On page 59 of your interrogatory response, you write, fourth paragraph down, "Johnny grabbed me while holding me down and I remember him asking me if I thought I was so tough. He asked me three or four times, up close to my face. You're so tough. You're such a tough guy, huh? You think you're so tough. What are you going to do now? I stood up at some point after getting off the ground. Do you see that?
MS. HEARD: That is correct.
MS. VASQUEZ: You write "After, I remember crying. I remember feeling exhausted and frustrated, and it has hit me, meaning the realization of how sad it was that I was going to wake up tomorrow on my 19th birthday without him."
MS. HEARD: That's correct.
MS. VASQUEZ: Where, in this interrogatory response, Ms. Heard, do you describe Mr. Depp "grabbing you by the pubic" bone -- "pubic area" and pushing you down"?
MS. HEARD: On page 64.
MS. VASQUEZ: Where?
MS. HEARD: Page 64, one, two, three paragraphs down "Johnny grabbed me once, did this tongue thing on the side of the bed in penthouse 3. Grabbed my vagina and held me there. Asked me if I was so tough."
MS. VASQUEZ: You're not describing what happened after your 30th birthday?
MS. HEARD: I am. I just had not prescribed it to that date, with the limited evidence I had at the time. Only in the course of looking at the evidence, preparing for this case, had I put those two pieces together. But I've always said what happened.
MS. VASQUEZ: You were upset that Mr. Depp was late to your 30th birthday, weren't you?
MS. HEARD: I was.
MS. VASQUEZ: You knew Mr. Depp had a scheduled business meeting or money meeting that evening, right?
MS. HEARD: No. I knew he said he did. I didn't know if he had one. Addicts lie all the time.
MS. VASQUEZ: So you didn't trust him?
MS. HEARD: I took it with a big grain of addict salt.
MS. VASQUEZ: Okay. Mr. Depp texted you that evening to let you know he'd be late, correct?
MS. HEARD: Yes, he did te).i me at some point.
MS. VASQUEZ: It was a big deal to you that Mr. Depp was late to your birthday dinner, wasn't it?
MS. HEARD: Yeah. Yeah, it did matter to me.
MS. VASQUEZ: You were upset he was late?
MS. HEARD: I was. I was hurt.
MS. VASQUEZ: When he finally did arrive, you felt "invisible to him," right?
MS. HEARD: I did.
MS. VASQUEZ: The day after your birthday dinner, you and your friends went to Coachella to celebrate your birthday; is that correct?
MS. HEARD: Yes.
MS. VASQUEZ: You made a video driving to Coachella with your friends; didn't you?
MS. HEARD: That is correct.
MS. VASQUEZ: I would like to pull up Plaintiff's Exhibit 1264. For the record, Your Honor, this only has music without any words on it.
MS. BREDEHOFT: Again, it's anew one, so I would like a copy of it.
MS. VASQUEZ: It's going to be played. There is no sound, other than a song.
MS. BREDEHOFT: May we approach?
THE COURT: Yeah, sure.
MS. BREDEHOFT: So we have an audiotape that's a brand-new exhibit.
MS. VASQUEZ: Video.
MS. BREDEHOFT: Video? And I'd like to Is see it before she shows it to the jury.
MS. VASQUEZ: Can we play it for the witness and counsel, without sound, and then you can publish it to the jury? The only sound is the music. So, it doesn't have any lyrics.
THE COURT: All right. You want to view it, just for the witness and counsel?
MS. VASQUEZ: Sure.
THE COURT: Okay.
MS. VASQUEZ: Thank you.
THE COURT: Any objection? i,1
MS. BREDEHOFT: No, Your Honor.
MS. VASQUEZ: Okay. If we could, please, publish this to the jury with sound.
THE COURT: 1264 in evidence.
THE COURT: BY MS. VASQUEZ:
MS. VASQUEZ: This is a video you made when you drove to Coachella with your friends after your 30th birthday, right?
MS. HEARD: That's correct. I'm not quite sure •8 which one of us made the video, but that's correct.
MS. VASQUEZ: You're featured in that video, driving?
MS. HEARD: That's correct.
MS. VASQUEZ: And it's set to the song "Miss You," by I the Rolling Stones; is that right? 1
MS. HEARD: That's correct.
MS. VASQUEZ: That was a message for Mr. Depp, wasn't it?
MS. HEARD: No. That's ridiculous.
MS. VASQUEZ: You consumed drugs at Coachella, didn't you?
MS. HEARD: Yes, I did.
MS. VASQUEZ: You took MDMA and mushrooms at the same time?
MS. HEARD: I did, yes.
MS. VASQUEZ: And it made you feel sick, right?
MS. HEARD: I felt horrible. Yes.
MS. VASQUEZ: So you left Coachella?
MS. HEARD: Yes. That's correct.
MS. VASQUEZ: You testified yesterday that when you left Coachella you left with "your entire group"?
MS. HEARD: That is correct.
MS. VASQUEZ: And you were "never alone with Starling," right?
MS. HEARD: That is correct.
MS. VASQUEZ: You weren't anywhere near him?
MS. HEARD: Not alone, no.
MS. VASQUEZ: You sat here when Starling Jenkins testified that he collected you from Coachella when you were sick, right?
MS. HEARD: He picked up my entire group.
MS. VASQUEZ: Mr. Jenkins testified I collected her, got her in the vehicle, she didn't want anyone else to know that she was sick, take her back to the Parker which I assume was in reference to the hotel alone. I took her to 7-Eleven where I retrieved hydrating fluids, Advil, and let her have those. Got her back up to the Parker, got her in the suite, and then went back to pick up everyone else You were there when Mr. Jenkins testified, right?
MS. HEARD: Yes. He was wrong.
MS. VASQUEZ: So it's your testimony that Mr. Jenkins is lying?
MS. HEARD: He's just wrong. I don't know what his intentions are. He was just wrong about that. We were a big group of us. I wasn't alone with him.
MS. VASQUEZ: Is it possible that you don't remember correctly because you were sick from taking :MDMA and mushrooms at the same time?
MS. HEARD: No. I remember everything about that night.
MS. VASQUEZ: Okay. I would like to play for you Plaintiff's Exhibit 1229.
MS. VASQUEZ: Which is already in evidence. At 17:20 through 21:28.
MS. HEARD: I don't know.
MS. HEARD: If you don't want it.
MS. HEARD: That means I don't know if we should have one.
MS. HEARD: What do you think?
MS. HEARD: What do you think we should do? So you're a hundred percent. I'm 50 percent.
MS. HEARD: That we should?
MS. HEARD: Why (indiscernible) question.
MS. HEARD: Okay.
MS. HEARD: So then why did you say stop the proceedings?
MS. HEARD: You're right.
MS. HEARD: You want a divorce.
MS. HEARD: No, you told me.
MS. HEARD: You told me you want it. You want a divorce. So that's what I came to figure out.
MR. DEPP: You're not going to call your lawyers and say stop the process, I don't want a divorce. You're not going to do that.19
MS. HEARD: No. I need -- not especially if you want --
MS. HEARD: You don't?
MS. HEARD: How -- which one is it? How do I know which one it is?
MR. DEPP: I don't want a divorce. I never wanted a fucking divorce. I never wanted a divorce. I didn't want you to fucking go to Coachella without fucking talking to me because I left you because you were fucking -- you fuckin' O haymakered me, man. You came around the bed and fuckin' started punching on me.
MS. HEARD: I'm so sorry.
MS. HEARD: Why?
MS. VASQUEZ: That's what really happened the evening of your 30th birthday, isn't it, Ms. Heard?
MS. HEARD: No. That's incorrect.
MS. VASQUEZ: Mr. Depp was in bed and then you came around the bed and started punching him?
MS. HEARD: That's incorrect.
MS. VASQUEZ: You don't deny that in the recording, do you, Ms. Heard?
MS. HEARD: I'm not having that conversation with Johnny. I'm not denying anything. I'm not saying anything. I'm not having that conversation with Johnny. I was trying to get out of that hotel room. That was a mediation attempt. That was the recording you just heard, was us meeting at the hotel.
MS. VASQUEZ: You're talking about your 30th birthday.
MS. HEARD: No, we're not.
MS. VASQUEZ: You're not talking about going to Coachella?
MS. HEARD: Johnny's talking about that. I am not arguing with him about any of that.
MS. VASQUEZ: Right. You don't deny anything, do you?
MS. VASQUEZ: I'm not talking to him about that.
MS. VASQUEZ: Okay.
MS. VASQUEZ: I'm going to publish Exhibit 1265. or ask that the witness be shown
MS. VASQUEZ: This is you and your friends at Coachella, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: I'm going to move to admit Plaintiffs Exhibit 1265 and publish it. i 7
MS. BREDEHOFT: No objection.
THE COURT: Okay. 1265 in evidence. You can publish it.
MS. VASQUEZ: There's no injuries to you, are there, Ms. Heard, visible, in this picture?
MS. HEARD: You cannot see any visible injury, no.
MS. VASQUEZ: Thank you, Tom.
MS. VASQUEZ: Ms. Heard, you remember, during Mr. Depp's examination, a number of recordings
MS. HEARD: That's correct.
MS. VASQUEZ: And in one of those recording, you told Mr. Depp "I hope to God Jack's stepfather teaches him more about being a man than your fucking, your fucking left nut." Do you remember that?
MS. HEARD: I do not remember what exactly I could hear of that recording. I remember I heard myself b make a mention of Jack's new stepfather, or I potential stepfather, I can't recall.
MS. VASQUEZ: Jack is Mr. Depp's son, right?
MS. HEARD: That is correct. And I believe that I was referencing a marriage that his ex-partner was IS going to have or getting into, I suppose.
MS. VASQUEZ: You were referencing that Jack's new I stepfather would teach him how to be a man because I. Mr. Depp couldn't?
MS. HEARD: I don't recall exactly what I said, but it was something to that effect.
MS. VASQUEZ: Let's listen to some of what happened I before you said that to Mr. Depp.
MS. VASQUEZ: If we could, please, play Plaintiff's Exhibit 397, which is already in evidence. And for the record, it's at 35:04 through 35:47. And then the next clip is 36:35 through 43:08.
MS. HEARD: Cocksucker.
MS. HEARD: You fuckin' cock sucking, ignorant, fucking child. Don't fucking push me. you came over here for fucking nothing. I can bear your sight.
MS. HEARD: You fucking suck your own dick.
MS. HEARD: Suck your own dick.
MS. HEARD: Do you hear me? own dick.
MS. HEARD: Suck--
MS. HEARD: Your own my dick.
MS. HEARD: Suck my dick.
MS. HEARD: Suck my dick.
MS. HEARD: Suck my dick?
MS. HEARD: Hey, guess what?
MS. HEARD: Suck your dick, man.
MS. HEARD: Yeah.
MS. HEARD: Yeah, no shit. I made a big mistake. I wish I fucking hadn't. I wish I fucking hadn't. I wish I fucking hadn't bought into any of your fucking lies, your bullshit, your sober fucking presence, your fucking goodness, your sweetness. All the lies. I wish I hadn't bought into the months of you being you. I wish I hadn't bought into your --
MS. HEARD: Promises. I wish I hadn't fucking thought I could have kids with you. You're a fucking kid yourself I wish I hadn't bought into any of the lies you sold. Talking about fake bill of goods.
MS. HEARD: You're the biggest fucking , seller of fake fucking bill of goods. Talk about presenting yourself as something you're not.
MS. HEARD: Suck my dick.
MS. HEARD: Suck my dick. Suck my dick, suck my dick.
MR. DEPP: You left nothing and I have left everything, so suck your dick, which is probably your next move --
MS. HEARD: Suck it. Suck it.
MR. DEPP: No, I don't want to suck your dick. I want nothing to do with your fuckin' new sex and -- Ill O
MS. HEARD: Oh, because I really need something you want.
MS. HEARD: Because I need something you want. Go on. Fucking fuck yourself
MS. HEARD: No shit I don't. Go suck your dick.
MS. HEARD: Try. It's going to be the only thing you have.
MS. HEARD: Actually, it kind of is.
MS. HEARD: Yeah.
MS. HEARD: No. Huh? No. What?
MS. HEARD: No, I'm sure Rochelle is available. Call her up. I'm sure she's available.
MS. HEARD: I'm sure she is.
MS. HEARD: I'm sure she is.
MS. HEARD: Oh, I'm sure she is. Per her yoga blog.
MS. HEARD: No, I'm sure she's --
MS. HEARD: I'm sure she's great. I'm sure she's great.
MR. DEPP: I'm thinking that you gave me some of your best performances of your life. It's a fucking tragedy.
MS. HEARD: No, you're right. I don't. It's all about performing for you, babe.
MS. HEARD: What else don't you -- come IO on. Let's see. Come on.
MS. HEARD: Lay it on me. What else? What else other thing do you want to add?
MS. HEARD: You fucking lying piece of shit.
MS. HEARD: Oh, no. I want to know. I want to know.
MS. HEARD: I want to know.
MS. HEARD: I'm kinda waiting. Then go Is get it.
MS. HEARD: Wait, is there no other place for you to run in your other houses, to go run? Come on. Go be a real married man and go deal with your shit the way that a man does. Go run to the next house.
MS. HEARD: Every man does.
MS. HEARD: Go run away. I know it's hard to look at yourself
MS. HEARD: It's hard.
MS. HEARD: Poor thing. You're right. I try. That's fine too.
MR. DEPP: You're the most spoiled fucking brat. And you've got everybody out here almost fooled, but it don't last long.
MS. HEARD: You're right. You're Is right, I'm sorry.
MS. HEARD: You're right. You've got it figured out.
MS. HEARD: You're right. That's what I do.
MS. HEARD: You're right. You're right. Back to that. Well, I wonder what we -- I wonder what else we can reach for in the last six years. Oh, no, it was four years ago, you're right. I'm sure there's other things you can say.
MS. HEARD: No, I'm not laughing.
MS. HEARD: I'm not laughing. I'm not. I'm serious. I'm sure you can find other things.
MR. DEPP: I know. I know. There's stripping. Well, there's always that. You can always go back to that.
MS. HEARD: You're right. You could IO write a book. You could write a book. I know, you could write a book.
MS. HEARD: Oh, is this going to be good for your book? Oh, should I sign a ADA [sic] for your book? Your book. Is this going to be good for your book? Is this going to be good for your book? Hey, hey.
MS. HEARD: I have a good idea. How about you sell more of your journals? You're not a sellout or anything. Let's sell your journal. Oh, wait.
MS. HEARD: Hey, you know, no, no, no, you're not selling out.
MS. HEARD: No, no.
MS. HEARD: Yeah. No one does Jump -- 21 Jump Street when they're in their 20s. No, you're right, that's not selling out. No. When you're in your 20s, you should really know what you want, like selling your journals.
MS. HEARD: You're right. Go sell your journals, like a real non-sellout. 55-year-old. Oh, I'm sorry --
MS. HEARD: 52. 51. I don't know. Does it matter at this point?
MS. HEARD: I don't think so.
MS. HEARD: I don't really think so. But you're right. I mean, hey, at least I didn't do, like, a TV show where I was a heartthrob in my 20s. God, that would be, like, embarrassing.
MS. HEARD: If only I was with someone in their 50s that could point that out to me. Magic Mike, you're right, when you play a non-sexualized object. Okay. Wow. You're right. You got me. You got it all figured out.
MS. HEARD: If only I could be like s you. If only I could be like you.
MR. DEPP: But I had to watch your fucking -- I had to watch your fucking director and you try to --
MS. HEARD: You're a joke.
MS. HEARD: You're a joke. You're a joke.
MS. HEARD: What did you say? What did you say?
MS. HEARD: I'm sorry, I can't really hear you. I'm sorry. The reruns of all my bullshit are playing too loud for me to hear you. Oh, I'm just going to go and peddle my way back. I'm sorry. I can't hear you.
MS. HEARD: Oh, oh, whatever it was, or whoever you were.
MS. HEARD: No one cares. You're funny. Washed-up piece of shit.
MS. HEARD: Oh, what, what?
MS. HEARD: I can't hear you. I can't 'hear you. Oh, what? I can't hear you, yeah.
MS. HEARD: I'm sorry. Let me turn on my aid.
MS. HEARD: Wait, I can't hear you.
MS. HEARD: Let me turn on my aid. I can't hear you.
MS. VASQUEZ: You told Mr. Depp to suck your dick multiple times, didn't you?
MS. HEARD: Yes, I did.
MS. VASQUEZ: You tell him to go run to his 15 others houses, right?
MS. HEARD: That's correct
MS. VASQUEZ: Because that's what he would do when you behaved like this, isn't it?
MS. HEARD: Eventually, he would go and stay in one of the other houses.
MS. VASQUEZ: You call him a sellout, don't you?
MS. HEARD: I was expressing frustration about his criticism of my career and how many problems it caused within the dynamic of our relationship, yes.
MS. VASQUEZ: So you call him a sellout and a joke?
MS. HEARD: I called him horrible, ugly things, as you can hear.
MS. VASQUEZ: Sellout?
MS. HEARD: We spoke to each other in a really horrible way.
MS. VASQUEZ: I'm pretty sure we just heard you speak to him in a really horrible way. You call him a sellout, right, Ms. Heard?
MS. HEARD: I called him -
MS. VASQUEZ: You called him a sellout, right, Ms. Heard?
MS. HEARD: I called him a lot of ugly things.
MS. VASQUEZ: You called him a joke on that recording? You called him a washed-up piece of shit?
MS. HEARD: I think we both called each other that on that occasion, yes.
MS. VASQUEZ: Mr. Depp mentioned Aquaman, doesn't he?
MS. HEARD: Yes, he does.
MS. VASQUEZ: Mr. Depp got you that role in Aquaman, didn't he?
MS. HEARD: Excuse me?
MS. VASQUEZ: Mr. Depp got you that role in Aquaman, didn't he?
MS. HEARD: No, Ms. Vasquez, I got myself that role by auditioning. That's how that works.
MS. VASQUEZ: Mr. Depp says "Your jealousy is so tragic"?
MS. HEARD: I heard him say that, yes.
MS. VASQUEZ: You were the jealous one in this relationship, weren't you, Ms. Heard?
MS. HEARD: I think he was indicating I was jealous of his career.
MS. VASQUEZ: But now you've twisted it to say it was Mr. Depp was the jealous one?
MS. HEARD: Johnny's always been very jealous, when I worked, when I did anything, friends, yes. He's always been very jealous.
MS. VASQUEZ: Ms. Heard, I'm going to ask you to take a look at Plaintiffs exhibit 120E.
MS. VASQUEZ: I 5 This is a series of text messages between you and Mr. Depp?
MS. HEARD: That is correct.
MS. VASQUEZ: I'm going to move to admit and publish these text messages. Mr. Depp's messages have been redacted.
THE COURT: All right. Any objection?
MS. BREDEHOFT: No, Your Honor.
THE COURT: All right. 120 in evidence. You can publish.
MS. VASQUEZ: It starts with a text message from you to Mr. Depp on September 26th, 2015, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And you write "Monster is back. This is him." Did I read that right?
MS. HEARD: That is correct.
MS. VASQUEZ: And then the next message, you write "Ran away first sign of trouble. This is not the man you promised you would be."
MS. VASQUEZ: Did I read that correctly?
MS. HEARD: That is correct.
MS. VASQUEZ: And then the next one down, you write "Promised. Swore to me you would be."
MS. HEARD: That is correct. The non-monster.
MS. VASQUEZ: Ms. Heard, you were talking about Mr. Depp running away from you at the first sign of trouble, aren't you?
MS. HEARD: No, I'm recognizing the clues, at this point, when he would run away at the first sign of trouble. Often, that was a clue for me to know that he was back using again and that we were about to enter the next phase of the cycle.
MS. VASQUEZ: And you describe his running away from you as the monster, right?
MS. HEARD: That wasn't what was the monster. The monster is the man who beat me up. The running away was just attached to that. It was a sign, a signal to me, as a clue, as somebody trying to put together clues, that we were entering into that phase.
MS. VASQUEZ: In these messages, Ms. Heard, the monster isn't Mr. Depp doing drugs, is it?
MS. HEARD: It was always the man who did drugs and beat me up, yes. That's always been the monster.
MS. VASQUEZ: That's not what you're saying in these messages.
MS. HEARD: That's exactly what I'm saying in these messages.
MS. VASQUEZ: You don't describe Mr. Depp being violent, do you?
MS. HEARD: I do not describe that in this text message, no.
MS. VASQUEZ: So it's a cowardly monster this time?
MS. HEARD: No.
MS. VASQUEZ: I'm going down a page. You write a long series of text messages to Mr. Depp that don't get a response; is that correct?
MS. HEARD: That is correct.
MS. VASQUEZ: You write "Come grown. Face the shit and we can do anything."
MS. VASQUEZ: You go on, a little later, to say "Please come home. Let's apologize" to each -- "together."
MS. VASQUEZ: And continuing on page 77, you write Not go to bed mad.
MS. VASQUEZ: And then you say "Sound okay? Sound like the priority in the long run? Come home. Don't be the monster, be the man. Please. Please call me. Please." Continuing on page 78. You write "I don't want the monster. I need my man. I need to talk to you. Please, Johnny. Don't force me to be something else to you. This is taking me for granted and I can never stop. Before this turns into something far darker." Describing yourself in that text message, right?
MS. HEARD: The exact opposite. I'm trying to interrupt him starting a new cycle where he starts using again.
MS. VASQUEZ: He's not responding to you, Ms. Heard.
MS. HEARD: Yeah, that's why I'm trying to desperately stop him
MS. VASQUEZ: Please answer the phone, you say, Doesn't this mean anything to you? And it goes on. And I won't read all these messages, but you're saying please answer, over and over I again, right?
MS. HEARD: It was very important to me. I was running out of time and I was trying desperately to stop him Is
MS. VASQUEZ: He wasn't with you, Ms. Heard.
MS. HEARD: Exactly. Which is how I knew it was about to get a lot worse. He would leave, use, and come back way worse with way less reality, with more delusions, with more drugs, more -
MS. VASQUEZ: Move to strike everything I after the answer to the question.
MS. HEARD: I was trying to stop that.
MS. BREDEHOFT: Your Honor, she was responding.
THE COURT: I'll overrule the objection. That's fine.
MS. BREDEHOFT: Thank you, Your Honor.
MS. VASQUEZ: This is a situation where you're trying ! 19 to get Mr. Depp to pay attention to you; isn't that right?
MS. HEARD: No, I was trying to stop him in using.
MS. VASQUEZ: And because he ran away from you at the first sign of trouble, you call him a monster, right?
MS. HEARD: I was trying to stop him from turning into the monster. The drugs are the key that open the door.
MS. VASQUEZ: Who is the real monster in this relationship, Ms. Heard?
MS. HEARD: It is Johnny, half of Johnny. Not all of Johnny. The other half of him is wonderful, beautiful and the man I love.
MS. VASQUEZ: I would like you to take a look at Plaintiff's exhibit 120F.
MS. VASQUEZ: This is another set of text messages between you and Mr. Depp; isn't that correct?
MS. HEARD: Yes. That's correct.
MS. VASQUEZ: I'm going to move to admit and publish.
THE COURT: Any objection?
MS. BREDEHOFT: No, Your Honor.
THE COURT: All right. 120F in evidence. You can publish.
MS. VASQUEZ: This is a set of text messages, and it's from October 2015.
MS. VASQUEZ: Do you see that?
MS. HEARD: Yes, I do.
MS. VASQUEZ: In fact, you sent all of these messages to Mr. Depp on October 22nd, 2015; isn't that right?
MS. HEARD: Exactly. Same thing is happening here.
MS. VASQUEZ: And, again, I'm not going to read them all, but you start off, again, by trying to get Mr. Depp's attention, right? You write "please come home."
MS. HEARD: I was trying to stop another bender.
MS. VASQUEZ: You write "please come home," right?
MS. HEARD: That is correct.
MS. VASQUEZ: "Please answer. Don't break us up. Please answer, please." Continuing on page 97, you write "give me some piece of your heart, please. No fight. I promise."
MS. VASQUEZ: "Please. No fights. Please just pick up. Please give me two minutes. I'm dying. Please."
MS. VASQUEZ: Continuing on page 98, you write Please come home. Please come home, baby, I'm so sorry. Actually, you didn't say baba, you said baby, apologies. And it goes on. Did I read those correctly?
MS. HEARD: That is correct. That's another time I'm trying to stop another twist off.
MS. VASQUEZ: This is what would happen when Mr. Depp Is would try to take some space from you, right?
MS. HEARD: No, this is what happened when Johnny moved into the next phase of the cycle and started to use, and our lives were getting a lot worse at that point.
MS. VASQUEZ: Ms. Heard, I'm talking about your actions. This is what you would do to Mr. Depp when he would leave you, you would harangue him; isn't that correct?
MS. HEARD: I would try to -
MS. VASQUEZ: You would harangue him?
MS. BREDEHOFT: Your Honor, at least let her answer the question. She's interrupting her.
THE COURT: That's fine. Go ahead and I answer the question.
MS. HEARD: I do not think I would characterize my behavior that way. I was trying to stop him from using.
MS. VASQUEZ: You were texting him excessively; isn't that correct, Ms. Heard?
MS. HEARD: It was imperative for my life (indiscernible due to cross talking). ,9
MS. VASQUEZ: Ms. Heard, my question was much more I
MS. VASQUEZ: You were texting him excessively, yes or no?
MS. HEARD: I would try everything to help him and to stop the cycle.
MS. VASQUEZ: Ms. Heard, that's a yes, right?
MS. HEARD: I would try everything to stop the cycle. It was that important to me.
MS. VASQUEZ: And he's the monster for not responding p9 to you?
MS. HEARD: That's not what made him the monster, no.
MS. VASQUEZ: From needing space from you?
MS. HEARD: The monster was not the guy who needed space. The monster was who he was when he came back.
MS. VASQUEZ: Not for doing drugs, Ms. Heard, not for being violent, just for needing space. That's when you called Mr. Depp the monster?
MS. HEARD: Incorrect.
MS. VASQUEZ: Let's listen to Defendant's Exhibit 598C, which is ah-early in evidence.
MR. DEPP: Let's not do this anymore. I'm really getting frustrated and I'm really, really, really sick of this argument.
MS. HEARD: Stop. I'm sorry.
MR. DEPP: Okay. So, let me go, and you go, and I'll speak to you in a couple hours, okay? Okay?
MS. HEARD: Stop. Okay.
MS. HEARD: Because it causes me so much stress when you leave, when you walk away from me. That is like your -- you don't understand how much worse you're making this.
MS. HEARD: Please, you're making it worse for me.
MS. HEARD: Please. I'm only trying to tell you so that you know. You're causing me immense stress right now when you walk away like that. There's no reason to be mad.
MR. DEPP: Well, then, say good-bye. I haven't walked away. You're not saying good-bye. You won't let me fucking leave. Let me leave.
MS. HEARD: What about -- stop pushing me. Stop pushing me in the corner and then poking me with the stick and saying why are you using the words you want me to say. Stop poking me. Stop rushing me. Stop throwing me against the wall and saying, what, you don't like that wall? You don't like the fucking wall? Stop pushing me.
MR. DEPP: I'm not rushing you. I said I need space. I don't want this conversation anymore right now. I need space and I will take my space, whether you like it or not. I will take it. And you will take your space. But if you keep --
MS. HEARD: I'm not doing anything to you.
MS. HEARD: I'm not continuing it. I'm ! 11 begging you to stop.
MR. DEPP: Okay. Stop. I'm stopped. Stop. Now I have to go. Okay? So we will speak to each other in a couple of hours, okay? I hope you have a -- some kind of revelation that makes you feel better, you know? I hope I do, too. But we'll just see when I get home, and we'll just talk or we won't talk or, you know, we'll finish this or we won't finish it. But this is not love. This is not happiness.
MS. HEARD: Please, I've been begging you to stop. Please stop doing this. Please. You're causing so much fucking stress. I'm going to die at this age. I'm going to fucking die. You're causing me so much stress, please stop. Please. I really feel like I have a heart attack almost every day. Please stop. Please stop doing it. Please stop being so fucking mean.
MS. HEARD: You're a fucking bully. Stop. Please stop. I've been begging you not to fight. I just said can we please have a normal argument, even a normal conversation. Fuck, a normal argument. For the last hour, I've been begging you to please just leave it at that. Let's just go on with our night. I would have been able to come in with you. We would have been able to let it go in a few minutes. It would have been fine. If we just allow ourselves to have a fucking normal argument, please. You're killing me with this. You're killing me. You're fucking killing me.
MS. HEARD: Fuck.
MR. DEPP: Sean. Could you, please, I want you to just go. I want you to take your medicine or whatever. I'm sorry that I've upset you, that's fine.
MS. HEARD: Thank you, Sean, I'm ready to go. Thank you so much. I'm really ready. Thank you.
MS. VASQUEZ: That's you and Mr. Depp in the recording, correct, Ms. Heard?
MS. HEARD: That's correct.
MS. VASQUEZ: You just won't let him go, will you?
MS. HEARD: That's not true. We were outside of his studio and he wanted to go and use. It was a pretext. The claim that he was upset with me was a pretext that he would go and go on a bender. I knew that pattern by the time this recording happened
MS. VASQUEZ: Is your testimony now that you were outside Mr. Depp's studio?
MS. HEARD: I believe that.
MS. VASQUEZ: And he was going to use?
MS. HEARD: Excuse me?
MS. VASQUEZ: He was going to go use drugs? That's your testimony now?
MS. HEARD: We were outside his studio. His man cave house, if you will, in the car, I believe, during that recording.
MS. VASQUEZ: And he was going to go inside and use?
MS. HEARD: That was the pattern. And as you can hear from my voice, I'm very, very, very scared of entering into the next cycle under what I had been conditioned to understand we were at, at that point in our relationship.
MS. VASQUEZ: That's not true, is it, Ms. Heard? Mr. Depp was trying to go inside his house to see his daughter, Lily-Rose.
MS. HEARD: She might have been over that day, but that's not what he was getting out of the car to do, and that's not what I was stopping him from doing.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Let's play the beginning part of that recording, where Mr. Depp tells you that he wanted to go inside to see his daughter.
MS. VASQUEZ: Whereupon, the following audio was I played
MR. DEPP: Let's not do this anymore. I'm really getting frustrated and I'm really, really, really sick of this argument.
MS. HEARD: Stop. I'm sorry.
MS. HEARD: Stop. Okay.
MS. HEARD: Stop. I'm sorry.
MR. DEPP: Okay. So, let me go, and you go, and I'll speak to you in a couple hours, okay? Okay?
MS. HEARD: Stop. Okay.
MS. VASQUEZ: We'll circle back to this, but it's your testimony that you were outside of Mr. Depp's studio?
MS. HEARD: We were in the car.
MS. VASQUEZ: You were in the car, outside of Mr. Depp's studio?
MS. HEARD: That's correct.
MS. VASQUEZ: He wasn't telling you, please, let me go inside my house to see my daughter, he was indicating to you that he wanted to go inside to do drugs? That's your testimony?
MS. HEARD: No, my testimony is that I knew what he was going inside to do. I knew what stage of the cycle we were in. I knew the patterns by then. And I was desperately out of time, trying to interrupt that cycle.
MS. VASQUEZ: Okay. Let's go to May of 2016.
MS. VASQUEZ: Yesterday, Ms. Heard, Ms. Bredehoft, your attorney, showed you certain pictures from May 21, 2016.
MS. VASQUEZ: Do you remember that?
MS. HEARD: Yes, I do.
MS. VASQUEZ: Okay.
MS. VASQUEZ: If we could, please, pull up Defendant's Exhibit 710, which has already been admitted into evidence
MS. VASQUEZ: Ms. Heard, you testified yesterday that this is a photograph taken of you on May 21st, 2016.
MS. VASQUEZ: Do you recall?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: Keeping this exhibit up. If we could, please, do a split screen, Tom, and also pull up Defendant's Exhibit 714, which has IO already been admitted with redactions.
MS. VASQUEZ: Ms. Heard, you testified yesterday that this was a photograph that was also taken on May 21st, 2016, correct?
MS. HEARD: Yes. Although, the one to the right might have been taken the next day. I can't be sure. The reason I say that is because there's light in the background, so, it looks like it was taken in the daytime, which means maybe it was the next day.
MS. VASQUEZ: Didn't you testify that you took different lighting -- pictures in different lighting on May 21?
MS. HEARD: That is correct, yes.
MS. VASQUEZ: And you're wearing two thin necklaces in this picture on the right.
MS. HEARD: That's correct.
MS. VASQUEZ: You testified that these pictures were taken the same night?
MS. HEARD: The one on the right looks like it was taken in the daytime, because I can see the daylight behind me.
MS. VASQUEZ: But you testified that they were taken the same day?
MS. HEARD: I don't know if I - I think I testified that they came from the same incident of the same day. Not necessarily taken on the same day.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Let's please pull up Defendant's Exhibit 712, which has already been admitted.
MS. VASQUEZ: You testified yesterday that this is another photograph of you on the night of May 21.
MS. HEARD: That's correct.
MS. VASQUEZ: And keeping this exhibit up, can we, please, do a split screen and also pull up Defendant's 713, which has already been admitted.
MS. VASQUEZ: Ms. Heard, you testified yesterday this is also a photograph of you from the same night, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: You testified yesterday that the only difference between these two photographs is that l the light was turned on?
MS. HEARD: That's what it appears to be, yes.
MS. VASQUEZ: The light is on in both of these pictures, though; isn't that right?
MS. HEARD: It looks, to me, like the one on the left has the vanity light, the makeup light. You know, the more yellow-hued ones that go around the mirror. And the one on the right looks like it doesn't have those.
MS. VASQUEZ: Isn't it true you just edited these photographs?
MS. HEARD: No. I never edited a photograph.
MS. VASQUEZ: Didn't you just enhance the saturation from one of these photos to make your face look more red?
MS. HEARD: No, that's incorrect. I didn't touch ,5 it.
MS. VASQUEZ: You were sitting here, in this courtroom, when Mr. Isaac Baruch testified seeing you the week after May 21, 2016, correct?
MS. HEARD: I was here.
MS. VASQUEZ: Mr. Baruch testified that he saw you on May 22nd, while you were changing the locks of your penthouse. Do you recall that testimony?
MS. HEARD: I do. I just don't know if he was right about the date, but I do remember him saying that.
MS. VASQUEZ: He testified that it was his birthday, the day after his birthday.
MS. HEARD: I believe it was.
MS. VASQUEZ: Mr. Baruch testified that he saw you repeatedly in the days following, also, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And Mr. Baruch testified that he saw no marks or injuries on your face, correct?
MS. HEARD: That is what he testified to.
MS. VASQUEZ: You were also here, in this court, when Mr. Sean Bett testified to seeing you on the evening of May 21, 2016; is that right? You were here?
MS. HEARD: That's correct
MS. VASQUEZ: Mr. Bett also testified that he saw no O marks or injuries on your face that evening, correct?
MS. HEARD: I realize that's what he said.
MS. VASQUEZ: You were sitting here, in this courtroom, when Officer Melissa Saenz testified by deposition about being called to the Eastern Columbia Building on May 21st, 2016, right?
MS. HEARD: I saw her testimony, yes.
MS. VASQUEZ: You heard Officer Saenz testify that she did not see any injuries on you that night, correct?
MS. HEARD: I heard her testify she did not consider this injured.
MS. VASQUEZ: No. Officer Saenz testified that she met with you and she did not see any injuries on your face; isn't that correct?
MS. HEARD: She did not consider this injury.
MS. VASQUEZ: Ms. Heard, my question is a bit more nuanced.
MS. BREDEHOFT: Your Honor.
MS. HEARD: So is my answer.
MS. BREDEHOFT: May I approach?
THE COURT: All right.
THE COURT: What's the objection?
MS. BREDEHOFT: Again, she's using -- she's reciting other people's testimony --
THE COURT: Which she --
MS. BREDEHOFT: Her version of those.
THE COURT: Can do.
MS. BREDEHOFT: Ms. Heard is responding exactly correct. Officer Saenz said she didn't consider that an injury. Then she --
THE COURT: That was when she was seeing the picture. But her original testimony in the deposition we played was that she said she didn't see any injuries. You showed her a picture, she said she didn't consider that an injury.
MS. VASQUEZ: Two different things.
MS. BREDEHOFT: It's just improper
THE COURT: It is not improper. It's not an out-of-court statement. It's an in-court statement.
MS. BREDEHOFT: It's Ms. Vasquez testifying to what that woman testified to. It's hearsay.
THE COURT: It's not hearsay. I've sustained this over and over. And for the record, you can have an ongoing objection.
MS. BREDEHOFT: Thank you.
THE COURT: Overruled.
MS. BREDEHOFT: This time, in addition to that objection, Ms. Heard is correctly characterizing what Officer Saenz testified to.
MS. VASQUEZ: No, she's not.
THE COURT: No. I just told you that was two different statements made by the officer. And on redirect, you get to come up and say exactly what happened, Ms. Bredehoft, okay? But, please, also, don't be so animated when you lose an objection. Last time you left here, you -- ;6 I
MS. BREDEHOFT: I apologize. I caught myself right after.
THE COURT: I almost brought you right O back.
MS. BREDEHOFT: I apologize. I did not mean to do that, and you're right. And I should I not have done that.
THE COURT: I will call you back next time. Don't do it again.
MS. BREDEHOFT: I won't.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: Okay.
MS. VASQUEZ: Tom, can we put these down, please. I think they might be confusing the witness.
MS. VASQUEZ: My question is more nuanced. You sat in this courtroom while Officer Saenz testified that she saw you the night of May 21, 2016, face-to-face, and didn't see any injuries on your face.
MS. VASQUEZ: Isn't that correct, Ms. Heard?
MS. HEARD: I believe she was testifying about these photographs, and she said I was not injured in them.
MS. VASQUEZ: Is it your testimony, under oath, now, that Officer Saenz testified that she saw injuries on you when she saw you in person on May 21?
MS. HEARD: Sorry. Let me clarify. I was testifying that I know that that's what Officer Saenz said, that she didn't consider my red, puffy face injured. That's what she said.
MS. VASQUEZ: The red, puffy face, that was your counsel's question, correct?
MS. HEARD: That was her testimony in the U.K
MS. VASQUEZ: She said -- that's incorrect and you know that, Ms. Heard.
MS. HEARD: I disagree.
MS. VASQUEZ: Just inconvenient for you that Officer Saenz didn't see injuries on you on May 21, 2016?
MS. HEARD: Doesn't matter what's convenient for me.
MS. VASQUEZ: Officer Tyler Hadden also testified by 2016; isn't that correct?
MS. HEARD: They both said that they did not consider me injured.
MS. VASQUEZ: They did not see injuries on your face deposition about being called to the Eastern Columbia Building on May 21, 2016, and he also testified no injuries on your face on May 21, on May 21, 2016, isn't that what their testimony was?
MS. HEARD: What their testimony was is that they did not consider what my face looked like to be injury. They didn't consider what they walked on in this house damage. But it was.
MS. VASQUEZ: You were sitting here when Officer William Gatlin testified by deposition about being I: called, on May 21, to the Eastern Columbia Building, and he also did not observe any injuries on you, did he? That's what he testified to?
MS. HEARD: He didn't even know which one I was.
MS. VASQUEZ: No. I think we all saw, on the video camera, you identify yourself; isn't that correct?
MS. HEARD: I had to because of how far away he was. He didn't even notice - he didn't even know who he was there to see.
MS. VASQUEZ: After you identified yourself, he looked at you; isn't that correct?
MS. HEARD: From a distance, yes.
MS. VASQUEZ: He didn't see any visible injuries either, did he?
MS. HEARD: I don't know what he saw.
MS. VASQUEZ: He testified that he didn't see any visible injuries, did he?
MS. HEARD: I would believe that he didn't, yes.
MS. VASQUEZ: You were also in this courtroom when Alejandro Romero, who worked at the front desk of the Eastern Columbia Building testified about seeing you on May 25, 2016; isn't that correct?
MS. HEARD: That is correct. I think he said the 25th.
MS. VASQUEZ: Yeah. And Mr. Romero testified that he didn't see any swelling or bruises on your face when you were talking to him at the front desk?
MS. HEARD: He wouldn't have.
MS. VASQUEZ: No, he wouldn't have, even though he had a habit, because his parents taught him correctly, to look into someone's eyes when I speaking to them. I Isn't that correct?
MS. HEARD: I know that's what he testified to, yes.
MS. VASQUEZ: You testified yesterday that you sought a temporary restraining order on May 27th, 2016, because you wanted to change your locks. Do you remember that testimony?
MS. HEARD: Yes, I do.
MS. VASQUEZ: Those locks were to the penthouses at the Eastern Columbia Building; isn't that correct?
MS. HEARD: That's correct.
MS. VASQUEZ: You changed the locks to the penthouses on May 22nd, 2016?
MS. HEARD: I attempted to.
MS. VASQUEZ: That's why you felt comfortable having James Franco over the evening of May 22, 2016, Ms. Heard?
MS. HEARD: I do not know when - I do not know when James came over.
MS. VASQUEZ: Okay. Let's remind you.
MS. VASQUEZ: Can we, please, pull up Plaintiffs exhibit 304, which is already in evidence, and play from 2:54 through 4:39.
MS. VASQUEZ: That's you and Mr. Franco on May 22, 2016, right, Ms. Heard?
MS. HEARD: That's correct.
MS. VASQUEZ: And you're taking him up to the penthouses, aren't you?
MS. HEARD: That's where I lived, yes.
MS. VASQUEZ: And it's past 11:00 p.m. at night; isn't that right?
MS. HEARD: I'm not sure of the time. It looked like that.
MS. VASQUEZ: Why don't we pull that video back up.
MS. VASQUEZ: 22:51, almost midnight, right-- excuse me, almost 11 :00 at night?
MS. HEARD: Exactly.
MS. VASQUEZ: Okay. You knew Mr. Depp was out of town the week of May 21, 2016, didn't you?
MS. HEARD: I don't know what I knew of his schedule at the time.
MS. VASQUEZ: You knew Mr. Depp was out of town on May 27th, when you went to get the domestic violence restraining order; isn't that right?
MS. HEARD: I don't know if I knew that at the time.
MS. VASQUEZ: You knew Mr. Depp was heading out on a European tour that week; isn't that right?
MS. HEARD: I'm not quite sure what I understood of his schedule at that time.
MS. VASQUEZ: You knew he wouldn't be back for weeks, right?
MS. HEARD: No, that's incorrect.
MS. VASQUEZ: Let's go back to that I recording. It's Defendant's Exhibit 598.
MS. VASQUEZ: You testified that you and Mr. Depp were in the car outside of his studio; is that right?
MS. HEARD: Yes.
MS. VASQUEZ: And you were trying to prevent him from going into his studio to do drugs, right?
MS. HEARD: Yeah. To, effectively, start another cycle. I 1 O
MS. VASQUEZ: Right. Not that Mr. Depp was just trying to go into his house to see his daughter, right?
MS. HEARD: His daughter might be one of the people that was in the house at that time, but that's neither here nor there. I was trying to prevent him from entering a cycle.
MS. VASQUEZ: Your testimony is now that Mr. Depp does drugs in front of his children?
MS. HEARD: First of all, I know he does. Second of all, it wouldn't have mattered. It wouldn't have stopped him from using with his friends, which was the problems, not whether or not his daughter was there.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Let's play, please, Defendant's 598, at 49:48 through 50:35.
MS. BREDEHOFT: 49:48 to what?
THE COURT: What's that?
MS. VASQUEZ: 50:35.
MS. HEARD: Stop, stop, please.
MS. HEARD: There's --
MR. DEPP: Why don't you just say, okay baby, I understand. I'll go home and you do your thing and hang out with your daughter, and I'll see you in a couple hours, and we'll talk about it. Is it that difficult to say that? Or do you just fucking hate me and you want to be shitty about it? Please. Just fucking-- it's not that difficult, okay? I don't want to stand here in a driveway and argue with you.
MS. HEARD: I don't either.
MR. DEPP: Okay. I'll see you in a little bit, okay? Please? Please. Just let me know if you're going to go somewhere, just let me know, please, so I know.
MS. VASQUEZ: And almost an hour later, you're still arguing with Mr. Depp outside, right?
MS. HEARD: I don't know how long that argument lasted, no.
MS. VASQUEZ: Okay. Ms. Heard, you testified about seeking a domestic violence restraining order against Mr. Depp, correct?
MS. HEARD: Yes, I have.
MS. VASQUEZ: And how you wanted to do it discreetly?
MS. HEARD: That's correct.
MS. VASQUEZ: That you wanted as much privacy as you could have?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: And how you walked out to a sea of paparazzi and cameras and photographers, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And how this overwhelmed you?
MS. HEARD: It was overwhelming, yes.
MS. VASQUEZ: Because you didn't want this attention on you?
MS. HEARD: That is correct.
MS. VASQUEZ: If we could, please, pull up Defendant's exhibit 800, which has already been admitted into evidence.
MS. VASQUEZ: This is a photograph of you taken inside the courthouse when you obtained the DVRO, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And your friend Raquel Pennington took the photograph?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: Because you needed to document your time at the courthouse getting a DVRO?
MS. HEARD: She just took a picture of me. I'm assuming it was done in relation with my divorce, yes.
MS. VASQUEZ: If we could pull up Defendant's exhibit 801, which has already been admitted into evidence.
MS. VASQUEZ: Ms. Heard, this is another photograph of you taken inside the courthouse; isn't that right?
MS. HEARD: That is correct.
MS. VASQUEZ: Are you having a photo shoot inside the courthouse while you were getting a DVRO?
MS. HEARD: I would not characterize it that way, Ms. Vasquez.
MS. VASQUEZ: You have a mark on your face, right, Ms. Heard?
MS. HEARD: Yes.
MS. VASQUEZ: Didn't use your bruise kit this time, to cover it up?
MS. HEARD: No. That's the only day I actually walked out of my house without makeup on. I had to be stopped. My best friend saw me in the bathroom starting to put makeup on and told me not to.
MS. VASQUEZ: All right.
MS. VASQUEZ: Can we, please, pull up Exhibit 1?
THE COURT: That's Plaintiffs exhibit 1?
MS. VASQUEZ: Yes, thank you, Your Honor. Apologies.
THE COURT: That's okay.
MS. VASQUEZ: It's already been admitted into evidence.
MS. VASQUEZ: You wrote this op-ed, right, Ms. Heard?
MS. HEARD: With the help of the ACLU, yes.
MS. VASQUEZ: And that's what you testified to in this courtroom, right?
MS. HEARD: That is correct. In
MS. VASQUEZ: And this is published on December 18th, 2018, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: Aquaman was released on December 21st, 2018, right?
MS. HEARD: That is - yes, that sounds correct.
MS. VASQUEZ: That was your first big blockbuster, big-budget role, right?
MS. HEARD: I disagree, but it was the first time I had, like, a leading role in a movie of that size, yes. Well, second time, yes.
MS. VASQUEZ: What was your first time?
MS. HEARD: The first one was the film I talked about before, I mean, yesterday, Justice League. It introduced the character. So, you know, technically, that was the second one.
MS. VASQUEZ: But you were the love interest in Aquaman, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: And at least parts of this op-ed are about Mr. Depp; isn't that right?
MS. HEARD: It's about what happened to me after.
MS. VASQUEZ: You sat here during opening statements when your attorney argued that the context of your statements in this op-ed matter, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: Let's go through some of that context.
MS. VASQUEZ: You wrote here "Friends and advisors told me I would never work again as an actress, that I would be blacklisted."
MS. HEARD: That is correct.
MS. VASQUEZ: You're referring to your accusations of domestic violence against Mr. Depp in this statement, aren't you?
MS. HEARD: Can you repeat the question? I'm sorry.
MS. VASQUEZ: You're referring to your accusations of domestic violence against Mr. Depp in this statement, aren't you?
MS. HEARD: In general, I'm referring to being associated with domestic violence.
MS. VASQUEZ: And you're referring to what you claim happened after you got an ex parte domestic violence restraining order against Mr. Depp in May of 2016, right?
MS. HEARD: Are you asking me if that's what I was writing about?
MS. VASQUEZ: That's what you're referring to, correct?
MS. HEARD: Can you just give me the question again? I'm sorry.
MS. VASQUEZ: You're referring to what you claimed happened after, after you got an ex parte restraining order against Mr. Depp in May of 2016?
MS. HEARD: That's correction.
MS. VASQUEZ: You also wrote "questions arose as to whether I would be able to keep my role of Mera in the films Justice League and Aquaman."
MS. VASQUEZ: This is also referring to your accusations of domestic violence against Mr. Depp, right?
MS. HEARD: This is referring to what happened to me after I got my TRO, my restraining order.
MS. VASQUEZ: Against Mr. Depp, right?
MS. HEARD: That is correct.
MS. VASQUEZ: These questions arose only after you accused Mr. Depp of domestic violence in May of 2016, allegedly, right?
MS. HEARD: Yes, from the time I got the TRO, being associated with domestic violence. That's what it's in reference to, yes.
MS. VASQUEZ: You also wrote Imagine a powerful man is a ship like the Titanic That ship is a huge enterprise When it strikes an iceberg there are a lot of people on board desperate to patch up holes not because they believe in or care about the ship but because their other fates depend on the enterprise In this op-ed youre saying Mr Depp is the ship right
MS. HEARD: I'm making an analogy to a powerful man, as a ship.
MS. VASQUEZ: The powerful man you're referring to in this analogy is Mr. Depp, right?
MS. HEARD: I was talking about a bigger issue, actually, than just Johnny. I was talking about what we, as a country, were talking about at the time of writing this. Which is when powerful men, in general, do something horrible or something they shouldn't, how there is a system in place to protect them, clean up after them, maintain them afloat. You know, this is a reference to not just Johnny, it was about what was happening as a culture, when we were addressing a lot of Me Too issues for the first time.
MS. VASQUEZ: The iceberg is you in this analogy, right, Ms. Heard?
MS. HEARD: I would not say that I had not that was not what I intended no
MS. VASQUEZ: So this is another reference to your accusations against Mr. Depp?
MS. HEARD: No. This is about what happened to me once I left that relationship and got a TRO and became associated with domestic violence.
MS. VASQUEZ: Right. But it's your testimony that this op-ed isn't about Mr. Depp, right?
MS. HEARD: It's about what happened to me after.
MS. VASQUEZ: It's about your experience after obtaining a restraining order against Mr. Depp, right?
MS. HEARD: That's correct, among other things.
MS. VASQUEZ: But it's not about Mr. Depp?
MS. HEARD: Not about him.
MS. VASQUEZ: Mr. Depp is making it about Mr. Depp, right?
MS. HEARD: Ironically.
MS. VASQUEZ: Kind of like that Carly Simon song, right, Ms. Heard?
MS. HEARD: I don't know what you mean.
MS. VASQUEZ: Let's talk about the defamatory statements in the op-ed that you also claim were not about Mr Depp "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. VASQUEZ: This is about Mr. Depp, isn't it?
MS. HEARD: No.
MS. VASQUEZ: You wrote this in 2018, right?
MS. HEARD: Exactly.
MS. VASQUEZ: And two years prior was 2016, right?
MS. HEARD: That's true.
MS. VASQUEZ: Okay.
MS. HEARD: That's correct. It's not about Johnny. It's about what happened to me after.
MS. VASQUEZ: Ms. Heard, my question was, May of 2016 is two years prior to December of 2018, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: All right. May 2016 is when you publicly accused Mr. Depp of domestic violence, right?
MS. HEARD: I got my restraining order at that
MS. VASQUEZ: And you publicly accused Mr. Depp of domestic violence?
MS. HEARD: Yes, that was in - attached to my restraining order, so, yes.
MS. VASQUEZ: May 2016 is when you sought a restraining order against Mr. Depp?
MS. HEARD: That's correct. And I had to put my testimony to that.
MS. VASQUEZ: Right. And May 2016 is when you walked into court with a mark on your face to obtain that restraining order, yes or no?
MS. HEARD: That is the day I walked into court with a bruise on my face, yes.
MS. VASQUEZ: And you were photographed with that mark on your face, weren't you?
MS. HEARD: I walked out to a bunch of photographers, yes.
MS. VASQUEZ: May 2016 is when you told the world that Mr. Depp had physically abused you during your relationship; isn't that right?
MS. HEARD: I had to provide testimony as part of my restraining order application, yes.
MS. VASQUEZ: And that's how you became a public figure representing domestic abuse, right, Ms. Heard?
MS. HEARD: From that point on, yes.
MS. VASQUEZ: That's when you claimed you faced our culture's wrath, right?
MS. HEARD: That's when it started, yes.
MS. VASQUEZ: But it is your testimony, under oath, IO that this statement is not about Mr. Depp?
MS. HEARD: It is not. It is about what happened to me afterward. That's the more interesting - was the more interesting thing for me to write about.
MS. VASQUEZ: The next statement reads "I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse."
MS. VASQUEZ: This is also about Mr. Depp; isn't that right?
MS. HEARD: Not just about him. But he was . included in that, yes.
MS. VASQUEZ: He's the man you accused of abuse two years prior to this op-ed isn't that right Ms Heard
MS. HEARD: Yes, but I wrote this op-ed in the context of many men, at the time, that were public figures or in the public eye, being accused as well. So it was a reference, in general, to a larger phenomenon, not just Johnny.
MS. VASQUEZ: Not just Johnny?
MS. HEARD: Not just Johnny.
MS. VASQUEZ: Okay. And then, you write "I spoke up against sexual violence and faced our culture's wrath."
MS. VASQUEZ: This was also about Mr. Depp?
MS. HEARD: I did not write that.
MS. VASQUEZ: Well, you've accused Mr. Depp about sexual violence in this very courtroom, haven't you?
MS. HEARD: Yes, but I was intending to keep that private when this was published. I had not publicly, ever, accused him of that.
MS. VASQUEZ: I'm going to move to strike everything after the word "yes."
MS. BREDEHOFT: Your Honor, she answered the question.
THE COURT: Overrule the objection.
THE COURT: Go ahead.
MS. VASQUEZ: You may not have written this title, but you published it, didn't you?
MS. HEARD: I did not publish the title. I re-tweeted the article that included the title in it because that was the article.
MS. VASQUEZ: Let's pull up, please, Plaintiffs exhibit 3, which is already in evidence.
MS. VASQUEZ: This is the tweet from your Twitter account on December 19th, 2018, correct?
MS. HEARD: That is correct.
MS. VASQUEZ: Your Honor, I'm -- oh, it's already in evidence.
THE COURT: It is in evidence.
MS. BREDEHOFT: I have no objection.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: So on December 19th, 2018, you tweeted "Today I published this op-ed in The Washington Post.
MS. VASQUEZ: Did I read that right?
MS. HEARD: That is correct.
MS. VASQUEZ: And the tweet includes a link to the op-ed we were just looking at, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And you can see that the title of your op-ed in your tweet is "Opinion: Amber Heard. I Spoke up Against Domestic Violence," right?
MS. HEARD: Yeah, you don't get to change the title of the article you're re-tweeting.
MS. VASQUEZ: That's the title that you put on your Twitter, correct?
MS. HEARD: I did not put it on my Twitter, no.
MS. VASQUEZ: You linked it to your tweet?
MS. HEARD: I re-tweeted the article.
MS. VASQUEZ: You published it?
MS. HEARD: I re-tweeted a link to an article that 191 wrote.
MS. VASQUEZ: And you published it on your Twitter account, correct?
MS. HEARD: I re-tweeted it. 'I
MS. VASQUEZ: You testified yesterday that you didn't have any control over the title, and just now, of the op-ed when you re-tweeted it; is that correct?
MS. HEARD: That is correct.
MS. VASQUEZ: So it wasn't a re-tweet, though, right?
MS. HEARD: A tweet perhaps, not re-tweet. I'm not quite sure.
MS. VASQUEZ: It was a tweet.
MS. HEARD: Tweet. I misspoke. Excuse me. Tweet, not re-tweet.
MS. VASQUEZ: You included a link to the electronic copy of the op-ed in your tweet, right?
MS. HEARD: That's what I was trying to say 1114 earlier, and I might have misspoke. I'm trying to attach it.
MS. VASQUEZ: Right. So you included a link, right?
MS. HEARD: Yes, that's correct.
MS. VASQUEZ: To the op-ed?
MS. HEARD: That's correct.
MS. VASQUEZ: So you must have seen the title of the electronic version of the op-ed before you tweeted it, right.
MS. HEARD: I may have. I just didn't notice it.
MS. VASQUEZ: Not very careful about what you publish, are you, Ms. Heard?
MS. HEARD: I just didn't notice the title.
MS. VASQUEZ: You didn't need to include the link to the electronic version of the op-ed in your tweet, did you?
MS. HEARD: How else would I have linked it?
MS. VASQUEZ: Well, you didn't need to include the O link to tell the world that today you had published this op-ed in The Washington Post about women who are channeling their rage about violence and equality to political strengths, despite the price of coming forward, right?
MS. HEARD: I couldn't attach it with a paper clip.
MS. VASQUEZ: No. But you didn't need to attach it at all to tell the world that you had published an op-ed?
MS. HEARD: No, the goal was to tweet about it and to provide a link so that people could read it
MS. VASQUEZ: The op-ed is in your name, right?
MS. HEARD: That's correct.
MS. VASQUEZ: So if you had noticed the title of the electronic version of the op-ed before you included it in your tweet, you could have asked The Washington Post to change it; isn't that right?
MS. HEARD: No. That's not.
MS. VASQUEZ: Okay. But you didn't do that, right, never asked The Washington Post to change the title?
MS. HEARD: I didn't notice it, and I didn't ask them, nor did I think I needed to.
MS. VASQUEZ: At the bottom, do you see that there's another tweet from December 19th, 2018?
MS. HEARD: Yes, I do.
MS. VASQUEZ: And in this one, it reads "I'm honored to announce my role as a ACLU ambassador on women's rights."
MS. VASQUEZ: Did I read that right?
MS. HEARD: That's correct.
MS. VASQUEZ: So you announced your ACLU ambassadorship the same day you posted the tweet on your Twitter, right?
MS. HEARD: I think that was always the plan, was to attach the article with the announcement that I was an ambassador.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Your Honor, if I may, would this be a good time to stop for lunch?
THE COURT: No, it's too early. Sorry. ,8
MS. VASQUEZ: That's okay.
THE COURT: We've got to go until at least 12:30.
MS. VASQUEZ: Okay. Thank you.
MS. VASQUEZ: Ms. Heard, you testified yesterday about your counterclaim against Mr. Depp in this case. Do you remember that testimony?
MS. HEARD: Yes, I do.
MS. VASQUEZ: The counterclaim is based on three statements by Mr. Depp's attorney, Adam Waldman; is that right?
MS. HEARD: That's correct
MS. VASQUEZ: You looked at those three statements yesterday, right?
MS. HEARD: That's correct.
MS. VASQUEZ: The first statement was from an April 8th, 2020 article, right?
MS. HEARD: That's correct.
MS. VASQUEZ: That's Defendant's Exhibit 1245, that's been previously admitted.
MS. VASQUEZ: Would you, please, pull Is that up. Thank you.
MS. VASQUEZ: If we could please publish that. Thank you.
MS. VASQUEZ: We can scroll down to the eighth page.
MS. VASQUEZ: Mr. Depp's -- excuse me, Mr. Waldman's statement is buried on the eighth page of a 12-page article; is that correct, Ms. Heard?
MS. HEARD: I don't know how many pages are here.
MS. VASQUEZ: This is the eighth page. Let's go to the 12th.
MS. VASQUEZ: Let's pull up, please, the Defendant's Exhibit 1246, which has already been admitted.
MS. VASQUEZ: And if we could, please, go to Mr. Waldman's statement on page 10. And go on to page 11 of --
MS. VASQUEZ: That's Mr. Waldman's statement, right?
MS. HEARD: That is correct.
MS. VASQUEZ: Okay.
MS. HEARD: I think it's Mr. Waldman speaking on behalf of Johnny, yes.
MS. VASQUEZ: You don't have any evidence of that, do you, Ms. Heard? This is Mr. Waldman's statements, right?
MS. HEARD: I think it's included in the article as well.
MS. VASQUEZ: But this is Mr. Waldman's statement, correct?
MS. HEARD: Representative or an attorney, I don't know which word it says in the article, that it says, very clearly, that they're speaking on behalf of Johnny or representing Johnny.
MS. VASQUEZ: Can we, please, pull up Plaintiffs Exhibit 8818 -- 881A, excuse me.
MS. VASQUEZ: If we could, please, go to page 8 of this article.
MS. VASQUEZ: Sorry, Your Honor, may I just approach?
THE COURT: That's all right. Yes, ma'am.
MS. VASQUEZ: We'll come back to those, sorry, Ms. Heard.
MS. VASQUEZ: Sorry, Your Honor.
THE COURT: Okay.
MS. VASQUEZ: Let's go ahead and take this down, please. Thanks.
MS. VASQUEZ: You testified yesterday about how your reputation was before the three statements were made, correct?
MS. HEARD: Yes, I did.
MS. VASQUEZ: Okay. You testified that your career was going very well before?
MS. HEARD: I think I said the trajectory was positive, yes.
MS. VASQUEZ: You testified you had a global campaign for L'Oreal right?
MS. HEARD: That's correct.
MS. VASQUEZ: You testified you were waiting on a schedule for Aquaman 2?
MS. HEARD: That is correct.
MS. VASQUEZ: You testified you were scheduled to do a press tour for the TV show The Stand?
MS. HEARD: Press obligations, yes.
MS. VASQUEZ: And then you testified that after the articles, you were no longer actively involved in the L'Oreal campaign; isn't that right?
MS. HEARD: They suspended using my material.
MS. VASQUEZ: And that you were no longer involved in the publicity involving The Stand after the articles, right?
MS. HEARD: That's correct.
MS. VASQUEZ: And you didn't hear anything about the schedule for Aquaman 2?
MS. HEARD: Correct.
MS. VASQUEZ: Ms. Heard, you have no evidence that Mr. Waldman's three statements are the reason you were allegedly no longer active in the L'Oreal campaign, do you?
MS. HEARD: Well, I mean, other than my awareness that they can't use me because of all of the online attention that generated.
MS. VASQUEZ: And you have no evidence that Mr. Waldman's three statements are the reason that The Stand media opportunities allegedly stopped, do you?
MS. HEARD: Yeah, I know they couldn't attach my name to their promotional materials because of the I 7 online stuff.
MS. VASQUEZ: In fact, there are a lot of reasons why you were no longer active in these endeavors; isn't that right?
MS. HEARD: I disagree with that.
MS. VASQUEZ: Reasons that had absolutely nothing to do with Mr. Waldman's statements; isn't that right?
MS. HEARD: I disagree with that.
MS. VASQUEZ: There was a lot of publicity about your relationship with Mr. Depp around the time Mr. Waldman made the three statements at issue, right?
MS. HEARD: I do not recall.
MS. HEARD: Lot of really negative publicity for you, Ms. Heard; isn't that right?
MS. HEARD: There's been an ongoing smear campaign, yes.
MS. VASQUEZ: An ongoing negative publicity campaign?
MS. HEARD: An orchestrated smear campaign.
MS. VASQUEZ: You have no evidence of that, do you, Ms. Heard?
MS. HEARD: Look me up, you'll see.
MS. VASQUEZ: Let's take a look at some of that.
MS. VASQUEZ: Your Honor, may I approach?
THE COURT: All right.
THE COURT: Okay. The articles.
MS. VASQUEZ: The articles.
THE COURT: Okay.
MS. VASQUEZ: So, obviously, here's a copy for you, Your Honor.
THE COURT: Sure.
MS. VASQUEZ: So I plan to do the same thing with these, Your Honor.
MS. BREDEHOFT: These are all new exhibits that point to Ms. Heard. There can't possibly be a reason why they wouldn't have put them in this trial exhibits before. They knew she was going to be making these claims.
MS. VASQUEZ: This is exactly what Mr. Rottenborn did during the cross-examination of
THE COURT: Read the titles, headlines, like he did.
MS. VASQUEZ: There you go.
MS. BREDEHOFT: First of all, Your Honor, let me just put on the record it is not correct that's exactly what Mr. Rottenborn did. Those were in our trial exhibits. In fact, they're in the very first part of our trial exhibits, were all of those. So I do have an ongoing objection to using anything that wasn't put into evidence as part of the trial exhibits. They knew she had a counterclaim They should have had it as a defense, part of those exhibits.
THE COURT: I understand your observation. Again, it's cross-examination. I'll
MS. VASQUEZ: I plan to read the title, and then I'm not going to be admitting them into evidence.
THE COURT: Not into evidence.
MS. BREDEHOFT: We need copies.
THE COURT: You'll get those copies.
MS. VASQUEZ: I will get them copies.
THE COURT: And are you saying all of these are for the three statements?
MS. VASQUEZ: Yes.
THE COURT: Okay.
MS. VASQUEZ: There you go.
MS. BREDEHOFT: Your Honor, I have a question.
THE COURT: Sure.
MS. BREDEHOFT: If we can look at 1272 for a moment. That's May 29, 2020, which is after two of the -- trouble hearing you.
MS. BREDEHOFT: Oh, I'm sorry.
THE COURT: That won't help me.
THE COURT: I'm sorry, I'm having appreciate it. That's not me. That's Judy. Which one.
MS. BREDEHOFT: If you look at 1272, if you look at the date it's May 29, 2020. I'm obviously seeing these for the first time, Your O Honor, so I'm trying to go through them
THE COURT: Remind me again.
MS. BREDEHOFT: Two of the -- April 8th, April 28th, and --
THE COURT: June 24th. Laminated. It helps me.
THE COURT: So, that May 2020 would be after two statements.
MS. VASQUEZ: That's right, Your Honor. And I think, for relevance, Ms. Bredehoft's objection is that they're not being cited in the title to Mr. Waldman's statement. It's talking about another allegation that was out in the press (indiscernible) statements. So, for Ms. Heard to allege that Mr. Waldman's statements caused her to lose opportunities, and there's articles before and after that were in the press, and I think we have the (indiscernible) to argue that, Your Honor.
MS. BREDEHOFT: So, Your Honor, I'm trying to keep up, Your Honor.
THE COURT: That's all right. Take your time.
MS. BREDEHOFT: This last one is 1273, Your Honor. I don't see the date on it.
THE COURT: 1273. I don't see a date on it either.
MS. VASQUEZ: May 24th, 2020.
THE COURT: Yeah, so we'll take out 1273.
THE COURT: I'll sustain the objection on 1273.
MS. BREDEHOFT: I would object to 1274, too, and that title. I think it's not (indiscernible) a reputational issue for her if somebody makes an allegation about her having an affair. I don't think it's appropriate. I don't think that's (indiscernible).
THE COURT: Yeah. Okay. All right.
MS. BREDEHOFT: (Indiscernible.)
MS. VASQUEZ: We (indiscernible). I mean, we just admitted evidence today about her having an affair with James Franco the night after April 21, so these are all allegations.
MS. BREDEHOFT: It's not an allegation.
THE COURT: I'll take the objection on this one. All right.
THE COURT: Is there any more or is that?
THE COURT: 1267, 1268, 1271 and 1272 so far.
MS. BREDEHOFT: This is after the three articles.
THE COURT: This is after all three of the articles.
MS. VASQUEZ: Your Honor, again, it's surrounding (indiscernible) about the statements that they were (indiscernible).
THE COURT: So you're saying -- so you're not offering just for her reputation before, you're offering for her reputation after as well? That effects her reputation?
MS. BREDEHOFT: I think that opens up the door, Your Honor, to the U.K. judgment.
MS. BREDEHOFT: Think she gets (indiscernible) if she opens up that door.
THE COURT: She's doing damages. She has a limit to her damages. She starting her damages after 2020, correct?
MS. BREDEHOFT: Your Honor, this one is testimony from the trial that says "Amber Heard stole my sexual assault story, ex-aide tells libel trial."
THE COURT: Right. We had a lot of I testimony from the U.K. I feel like I've been at the U.K. trial. I don't see how that would open any door.
MS. VASQUEZ: It's public knowledge, Your Honor.
MS. BREDEHOFT: I also don't think that it's an appropriate one. Again, she's testifying.
MS. VASQUEZ: She testified here.
THE COURT: Just the headlines. To talk about her reputation that's out in the public about her reputation. I mean, I did about 25 on Mr. Depp, on all kinds of different issues of reputation. I think that goes to damages.
THE COURT: Any other ones?
MS. VASQUEZ: Sorry, Your Honor.
MS. BREDEHOFT: Note my objection, but I understand your ruling.
THE COURT: I'll note your objection. I'll overrule your objection. Thank you. I appreciate it. Any more?
MS. VASQUEZ: Yes, I'm sorry.
THE COURT: Okay.
MS. VASQUEZ: Last one.
THE COURT: Okay. Thank you.
MS. BREDEHOFT: I'm sorry. I'm slow.
THE COURT: No, no. Take your time. Which one, 1276?
MS. BREDEHOFT: This one.
THE COURT: All right. She didn't -- when did she file her lawsuit? Maybe I don't have that clear. When did she file her counter?
MS. BREDEHOFT: August 10, 2020.
THE COURT: Okay. So these are all before that. I'm just making sure.
MS. VASQUEZ: Yeah.
THE COURT: I don't have that on my sheet.
MS. VASQUEZ: Ms. Bredehoft--
MS. BREDEHOFT: I know this. Oh --
THE COURT: I'm glad you do.
MS. VASQUEZ: We filed a complaint
THE COURT: You've got it. 1278 is the last one or the one I have in my hand? 1278 is the last one?
MS. VASQUEZ: This is the last one.
MS. BREDEHOFT: Okay.
MS. VASQUEZ: Do you want me to go through, start going through these?
THE COURT: Since you're going to put y g g p them on the screen for her, just identify them so Jamie can know. It's not been identified.
MS. BREDEHOFT: Just to be clear, Your Honor. Are there four out, 1269, 1270, 1273, and 1274?
THE COURT: Well, we did the ones that I have in.
MS. VASQUEZ: Why don't we do the ones we have in. 1267.
MS. VASQUEZ: 1268, 1269.
THE COURT: 1268, 1269. I don't -- there we go. 1269.
MS. VASQUEZ: 1270, 1271, 1272, 1275.
THE COURT: 77 and 78.
MS. BREDEHOFT: May I ask, while we're up here, how long you're going to take with her PIANE I ! 1 today? Are you going to go the rest of today?
MS. VASQUEZ: No. I'm not going to take the rest of the day.
THE COURT: I assume you'll have these questions, and then we'll break? Is that okay?
MS. VASQUEZ: That's fine.
MS. VASQUEZ: I. into the afternoon, and then maybe after the first
THE COURT: Yeah, you're going to go break, we'll be on redirect? Sounds good.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: Uh-huh.
MS. VASQUEZ: Okay. Thank you,
MS. VASQUEZ: I everyone, for your patience.
MS. VASQUEZ: So, Ms. Heard, my last question to you was that there was a lot of negative publicity for you around the time that Mr. Waldman made these statements; isn't that correct?
MS. HEARD: I believe that they were made - I mean, I believe that the statements kind of kept being attached to new defamatory or, you know, articles that were, like, smear campaign sort of attack articles is what it -
MS. VASQUEZ: Let's go through some of the articles that were out in the press. So, Plaintiff's Exhibit 1267.
MS. VASQUEZ: If you could publish that just for the witness, that would be great. Thank you.
MS. VASQUEZ: This is an article published on February 2nd, 2020, and the title is "#Justice for Johnny Depp trends after Amber Heard admits to hitting actor in audio clips."
MS. VASQUEZ: Do you see that?
MS. HEARD: I see that.
MS. VASQUEZ: If we could go to Plaintiff's Exhibit 1268. This one was published on February 3rd, 2020. It reads the title "Amber Heard admits to hitting Johnny Depp in recording."
MS. HEARD: That's when his lawyer leaked an edited tape.
MS. VASQUEZ: Ms. Heard, do you see the title, Amber Heard admits to hitting Johnny Depp in recording Do you see that?
MS. HEARD: I see the title.
MS. VASQUEZ: Okay.
MS. VASQUEZ: If we could, please, go to Plaintiff's Exhibit 1269.
MS. VASQUEZ: This one was published on March 17th, 2020. "Amber Heard slammed door into Johnny Depp's head reveals new audio."
MS. VASQUEZ: Do you see that?
MS. HEARD: These are more of the PR plants.
MS. VASQUEZ: Let's go to 1270.
MS. VASQUEZ: This one was published on March 31st, 2020. "Amber Heard to be sacked from Jason Momoa's Aquaman after Johnny Depp controversy: reports."
MS. VASQUEZ: Do you see that?
MS. HEARD: I do.
MS. VASQUEZ: If we could go to Plaintiff's Exhibit 1271.
MS. VASQUEZ: Do you see the title that says "Johnny Depp says ex-wife Amber Heard sliced his finger off and it 'erupted like Vesuvius'."
MS. HEARD: I just don't know when that was - I've never seen that article.
MS. VASQUEZ: If we could go to 1272.
MS. VASQUEZ: This one was published on May 29th, 2020, and it says "When Amber Heard confessed to smashing a door into Johnny Depp's head, clocking him in the jaw."
MS. VASQUEZ: Do you see that?
MS. HEARD: I see that.
MS. VASQUEZ: Going to 1275.
MS. VASQUEZ: This one was published on July 15th, 2020.
MS. VASQUEZ: "Amber Heard stole my sexual assault story, ex-aide tells libel trial."
MS. VASQUEZ: Do you see that?
MS. HEARD: This was Adam Waldman as well.
MS. VASQUEZ: Doesn't say Mr. Waldman. It actually says "Kate James also said she often received abusive text messages from Johnny Depp's ex-wife," doesn't it?
MS. HEARD: I just know because he threw down the article.
MS. VASQUEZ: Ms. Heard.
MS. HEARD: Mr. Waldman threw the article down to me afterwards.
MS. VASQUEZ: Ms. Heard, that's not my question.
MS. HEARD: What was your question, I'm sorry?
MS. VASQUEZ: My question is, the title of the article says "Amber Heard stole my sexual assault story, ex-aide tells libel trial." Kate James --
MS. BREDEHOFT: Your Honor, she's reading.
MS. VASQUEZ: She opened the door by saying Adam Waldman.
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MS. VASQUEZ: Go to Plaintiff's Exhibit 1276. "Amber Heard admits to hitting 'fucking baby,' Johnny Depp, in court audio."
MS. VASQUEZ: Do you see that, Ms. Heard?
MS. HEARD: That's correct.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Go to 1277.
MS. VASQUEZ: Published July 28th, 2020 Amber Heard's sister thought she was going to kill Johnny Depp, claims the witness." Do you see that, Ms. Heard?
MS. HEARD: I see that.
MS. VASQUEZ: And 1278. Published on July 28th, 2020. "Johnny Depp was the victim of abuser Amber Heard, London's High Court told." Do you see that?
MS. HEARD: I do see that.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: All right. Thank you. Let's go ahead and take our lunch recess, then. Ladies and gentlemen, we'll go ahead and take our hour lunch recess at this point. Do not discuss this with anybody, and do not do any outside research.
THE COURT: Okay. We'll see you in an hour. I 18
THE COURT: All right. We'll come back at 1:35, then. Is that fine? All right. Thank you.
MS. VASQUEZ: Thank you, Your Honor.
COURT BAILIFF: All rise.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. Are we ready for the jury?
MS. VASQUEZ: Your Honor, may we approach?
THE COURT: Sure.
THE COURT: All right. Yes.
MS. VASQUEZ: So I plan to --
THE COURT: Okay.
MS. VASQUEZ: Ask Ms. Heard about -- sorry -- the arbitration. So Ms. Heard --
THE COURT: Arbitration?
MS. VASQUEZ: Was served with an arbitration demand, and --
THE COURT: Arbitration for what?
MS. VASQUEZ: Defamation.
THE COURT: The arbitration for this case?
MS. VASQUEZ: Yeah.
MS. BREDEHOFT: No. It was a breach of contract.
MS. VASQUEZ: No. It was defamation, and I have the --
THE COURT: It was defamation.
MS. VASQUEZ: A demand for arbitration for defamation in California in October 2018. We've argued that --
THE COURT: Okay.
MS. VASQUEZ: I'll give that to you.
THE COURT: Okay.
MS. VASQUEZ: That Ms. Heard opened the door when she talked yesterday in response to Ms. Bredehoft's question about how statements, Mr. Waldman's statements, have been traumatizing her and she said, "I just wanted him to leave me alone. I wanted to move on with my life, and he won't let me. By making cases like this, he won't let me. I have to be here today. I have to be reliving it every day."
THE COURT: Right.
MS. VASQUEZ: So we are arguing that she opened the door, that she was the one who fired the initial shot when she attempted to move arbitration against Mr. Depp two months before the op-ed was even published, so it was October of 2018. The op-ed was published in December.
THE COURT: Okay. Give me more background for this arbitration; what was this arbitration about?
MS. VASQUEZ: Ms. Beard's arbitration, actually filed by Ms. Heard, in California -- p s
THE COURT: Before the op-ed?
MS. VASQUEZ: Before the op-ed. It also goes towards those statements that she can't (indiscernible) Mr. Depp's suing her. So that distorts her credibility.
THE COURT: Okay. And she filed for arbitration for it.
MS. VASQUEZ: Filed arbitration for defamation.
THE COURT: Defamation from what?
MS. VASQUEZ: For Mr. Depp denying in an article, a GQ article, that he ever hit her.
THE COURT: Okay.
MS. BREDEHOFT: This is a subject of a Motion in Limine. Your Honor granted a Motion in Limine and said none of the arbitration can come in. The arbitration was filed to go back to the divorce, and it was a breach of contract, a violation of --
THE COURT: Right. So it was a divorce, all right. Okay.
MS. BREDEHOFT: The divorce decree.
THE COURT: Okay.
MS. BREDEHOFT: The judge ended up -- the arbitrator ended up finding he did not have jurisdiction. That was the end of it; there was no finding. There was no nothing.
THE COURT: Okay. But you just want to get into that she filed the arbitration?
MS. VASQUEZ: Right.
MS. BREDEHOFT: I don't think she said anything about the arbitration. I was just saying that he violated the terms of the domestic relations order. He didn't deny a public filing; it was very, very private.
THE COURT: Okay. All right. I remember this now, okay. Sorry. Yeah, in dealing with the divorce, the arbitration, she's saying that he violated the terms of the agreement.
MS. BREDEHOFT: By this Gentleman's Quarterly article that he wrote.
MS. VASQUEZ: It wasn't violating the divorce agreement. It was an actual (indiscernible) demand arbitration for defamation. The cause of action was defamation. I have the exhibits. So the fact that she filed it before the op-ed came out is highly relevant, and she opened the door with her testimony that Mr. Depp won't leave her alone and she filed a counterclaim statement -- counterclaim after the fact.
MS. VASQUEZ: So I think it's relevant, Your Honor. She's opened the door. She said that these counterclaim statements continued to make things difficult for her and she can't stop reliving it, but in fact she's the one who fired the first shot. She just wanted to be left alone. Well, then why did she demand arbitration?
THE COURT: Okay.
MS. BREDEHOFT: I don't know how that opens the door at all, Your Honor. This was an arbitration filing that the arbitrator found there O was no jurisdiction, so he dismissed it. And she didn't do anything further.
THE COURT: I know. But she filed it. What's she saying is because she testified that "I wanted to left alone; I didn't want to have anything to do with it," but then she filed this. So I'll allow limited questioning.
MS. VASQUEZ: Very limited, Your Honor?
THE COURT: What was the questions you're going to ask?
MS. VASQUEZ: The questions are -- I want to repeat her testimony from yesterday--
THE COURT: Okay.
THE COURT: Is
MS. VASQUEZ: In which she says that she wants to be left alone, and I'm going to ask her "You commenced a legal proceeding against Mr Depp for defamation in October of 2018, and that that was (indiscernible) allegations." And then --
THE COURT: Commenced an arbitration, right?
MS. BREDEHOFT: Yeah. I think she can't say "legal proceeding" because that's -- arbitration's a very different --
THE COURT: Is different. I agree. Commenced an arbitration.
MS. VASQUEZ: I understand. I'm happy to do it that way. And then so I want her to look at the demand for arbitration. I'm not planning on publishing it.
THE COURT: I think you get the first question, but that's all I'm going to do.
MS. VASQUEZ: "This is a demand for arbitration filed against Mr. Depp in California, correct?"
MS. BREDEHOFT: I don't know how that would be relevant.
THE COURT: No. I think she opened the !
THE COURT: Door with the first question about you did file , it.
MS. VASQUEZ: My question, "Is that Amber Heard, plaintiff, versus Johnny C. Depp?" I just want to show the caption.
MS. BREDEHOFT: Why would she need to do that? She can just --
MS. VASQUEZ: In the signature block signed by her attorney, she testified that --
THE COURT: I'll give you the first question. I think that's fair since she's -- and the date of when it happened.
MS. VASQUEZ: Okay. And so "Can you I confirm that it was October 2018?"
THE COURT: Okay.
MS. VASQUEZ: "That's two months before the op-ed was posted?"
THE COURT: That's fine.
MS. VASQUEZ: And six months before Mr. Depp filed this defamation case?
THE COURT: That's fine. Very limited.
MS. BREDEHOFT: Nothing beyond that.
THE COURT: Okay.
MS. VASQUEZ: Thank you very much, Your Honor.
THE COURT: All right.
THE COURT: Go ahead. Yeah, son-y. O All right. Thank you. You can be seated. All right. Your next question.
MS. VASQUEZ: Tom, may I please have you put up Plaintiff's Exhibit 881A.
MS. VASQUEZ: Ms. Heard, I'm going to ask you to take a look at Plaintiff's Exhibit 881A. This is one of the articles containing the counterclaim statements by Adam Waldman; is that correct?
MS. HEARD: I haven't seen the article yet.
MS. VASQUEZ: Okay.
MS. VASQUEZ: Why don't we go to page 8 of this article.
MS. VASQUEZ: "Adam Waldman, Depp's lawyer, said afterward, 'Amber Heard and a friend in the media used fake sexual violence allegations as both a sword and shield depending on their need. They have selected some of her sexual violence hoax facts as a sword, inflicting them on the public and Mr. Depp"' do you see that?
MS. HEARD: Yes, I do.
MS. VASQUEZ: Is that one of the statements that you allege are defamatory?
MS. HEARD: That's correct.
MS. VASQUEZ: Defamatory?
MS. HEARD: That's correct.
MS. VASQUEZ: Can we please go to Plaintiffs Exhibit 881B.
MS. VASQUEZ: And if we could, go to page 10 and 11.
MS. VASQUEZ: And Exhibit -- Plaintiffs exhibit 881B, "Depp's lawyer, Adam Waldman, said, 'The various discrepancies prove that nothing Heard and her friends said about the events of May 21, 2016 could be considered credible. Quite simply this was an ambush, a hoax. They set"Mr. Depp up by calling the cops, but the first ,2 attempt didn't do the trick,' he told the b Daily Mail.com "The officers came to the penthouse, it was thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed up the place, got their story straight under the direction of a lawyer and publicist, and placed a second call to 911, but even this didn't have" --
MS. VASQUEZ: Apologize.
MS. BREDEHOFT: Your Honor, may we approach?
THE COURT: Okay.
MS. BREDEHOFT: She's reading beyond his statements.
MS. VASQUEZ: I stopped myself.
THE COURT: She stopped herself.
MS. BREDEHOFT: Okay.
MS. VASQUEZ: Actually, Your Honor,
MS. VASQUEZ: Y, while we're up here, I tried to work this out with Ms. Bredehoft; unsurprising to you, we were unable to come to an agreement. I'm going to be moving to admit these articles in their entirety.
THE COURT: Okay.
MS. VASQUEZ: And the reason is, Your Honor, is that just like the op-ed, it came in the entirety even though Ms. Heard is only alleging three of the statements --
THE COURT: Correct.
MS. VASQUEZ: In the article. And I think--
THE COURT: For defamation, you have to look at the context.
MS. VASQUEZ: Correct. So to evaluate the defamatory meaning, so on that basis, I'm I going to move to admit it.
MS. BREDEHOFT: I'm going to object, Your Honor. There's a lot of hearsay in both of those documents. It's different than the op-ed. The op-ed is Amber Heard writing the op-ed, and then to be questioned on it, there's also the issue of a matter of public concern and intent here. The rest of this article is not Adam Waldman's, and it's not Johnny Depp. It's other people saying things, and it's hearsay and it's highly prejudicial to Ms. Heard.
THE COURT: Okay.
MS. VASQUEZ: Well, I disagree.
MS. BREDEHOFT: And it's not -- it doesn't have anything to do with the context of what he said.
THE COURT: This might be a partial?
MS. VASQUEZ: A partial.
THE COURT: Maybe it could be connected to --
MS. VASQUEZ: I think, if I may just be heard on this.
THE COURT: All right.
MS. VASQUEZ: This really important to Mr. Depp, obviously. The defamatory meaning of -- the alleged defamatory meaning of Mr. Waldman's statements have to be read in context. And I should point out to Your Honor that Ms. Heard --not Ms. Bredehoft, but previously Ms. Heard -- was represented by other attorneys in this matter, and they're commenting in this article. And so Mr. Waldman's statements are really response, we argue, right; I'm not sure Ms. Bredehoft will agree -- or disagree. We argue that these statements are opinions, first and foremost, and second of all, they are response, or self-defense, of Mr. Depp in his case.
MS. VASQUEZ: So, you know, I think that it's important that these articles come in in their entirety, and, again, to be perfectly frank, these aren't great articles for Mr. Depp. I don't plan to publish them to the jury. I just want to submit them into evidence.
MS. BREDEHOFT: If I may be heard on that further, Mr. Waldman doesn't know what else is in that article when he makes those statements. That's somebody else choosing where to put different things. He has admitted, and we will be putting the testimony in, that he made those statements. But he wasn't the author of this I article, so the content is not relevant to what their meaning was on it.
MS. BREDEHOFT: Instead, it would have a lot of hearsay from other people that he had no control over. He had control over what he said, and he was not saying that there's no way they could prove that he had knowledge of what the rest of the article is going to say and, therefore, have context. I think it's highly prejudicial and very much hearsay.
THE COURT: All right. So how could the context of the article change the extent of I 113714?
MS. VASQUEZ: Defamatory statements have to be read in the context of the other text within the article.
THE COURT: If it is all attributed to Mr. Waldman.
MS. VASQUEZ: No, I don't think that's true. I mean --
THE COURT: I think so. Because somebody else can't place his statements there and If it become defamatory because they're placed within an article.
MS. VASQUEZ: I think they have to be I read in context, Your Honor.
THE COURT: I'm going to sustain the objection.
MS. VASQUEZ: Thank you.
MS. BREDEHOFT: Thank you.
MS. VASQUEZ: And if we could, please pull up Plaintiff's Exhibit 881 C and go to page 11.
MS. VASQUEZ: This is another article, Ms. Heard, where you argue that Mr. Waldman's statements are defamatory, correct?
MS. HEARD: I don't know if this is taken from that ! 18 article because I can't see the article in full.
MS. VASQUEZ: It's page 11 of the article. And the statement reads, "We have reached the beginning of the end of Ms. Heard's abuse hoax against Mr. Depp." Is that correct? Is that one of the -- what you claim is one of the defamatory statements
MS. HEARD: I believe so.
MS. VASQUEZ: Okay. Thank you. Ms. Heard, you're not aware of any career opportunities that you lost as a result of Mr. Waldman's statements, are you?
MS. HEARD: Well, it's kind of hard to point to the jobs you're not offered, to the things you don't get.
MS. VASQUEZ: You were not replaced in Aquaman 2, were you?
MS. HEARD: They released me from my contract and I fought to stay in it, and they kept me in it. I just don't know how much I'm in, actually, of the final cut.
MS. VASQUEZ: And you testified yesterday that L'Oreal actually extended your contract in April of 2020; is that correct?
MS. HEARD: In part. They extended it and held me.
MS. VASQUEZ: And you testified yesterday L'Oreal extended your contract again in November of 2021, correct?
MS. HEARD: Not exactly. They extended it because they couldn't use me or any of the materials for me.
MS. VASQUEZ: And that extension was for 20 months, right?
MS. HEARD: That's correct.
MS. VASQUEZ: Ms. Heard, you testified yesterday how IO Mr. Waldman's statements "torture you every day."
MS. VASQUEZ: Do you recall that testimony?
MS. HEARD: I do.
MS. VASQUEZ: And then -- and that you look at them every day.
MS. HEARD: I look at the online attacks, the media - you can't avoid it, to be honest - that those statements are often attached to.
MS. HEARD: I don't look at his statements every day.
MS. VASQUEZ: And you testified that you just want to move on with your life, right?
MS. HEARD: I do very much want to move on with my
MS. VASQUEZ: Well, you've gone out of your way to engage with Mr. Waldman on social media, haven't I you?
MS. HEARD: I have made a comment, I believe, once. I did not - I would not characterize that as engaging with him
MS. VASQUEZ: Let's please pull up Plaintiff's exhibit 1266.
MS. BREDEHOFT: Your Honor, I don't I have this yet.
THE COURT: Your microphone.
MS. BREDEHOFT: Your Honor, I don't have this yet, but I'm asking it to be given to me before.
MS. VASQUEZ: It's a photograph.
THE COURT: I think it's just a -- okay.
MS. VASQUEZ: This is your tweet, right, Ms. Heard?
MS. HEARD: That is correct.
MS. VASQUEZ: I'm going to move to admit and publish this tweet.
MS. BREDEHOFT: I'm going to object on relevance.
THE COURT: The objection, I'm sorry? What's the objection?
MS. BREDEHOFT: I'm sorry. Relevance.
THE COURT: I'll overrule the objection. 881C in evidence.
MS. VASQUEZ: Can we please have it published to the jury?
THE COURT: I'm sorry, 1266. I apologize.
MS. VASQUEZ: Thank you, Your Honor.
MS. VASQUEZ: This is from March 26th, 2021, right?
MS. HEARD: That's what that looks like, yes.
MS. VASQUEZ: And this is after he made the statement you claim -- the statements you claim are defamatory, right, Ms. Heard?
MS. HEARD: '21, yes.
MS. VASQUEZ: Ms. Heard, you tweeted at Adam Waldman, "Yes, Mr. Waldman, I may be wearing makeup on this occasion, but on every occasion, you will still be short." Did I read that right?
MS. HEARD: Yes.
MS. VASQUEZ: We can take those down. Thank you.
MS. VASQUEZ: Ms. Heard, since your relationship with Mr. Depp ended, you have completed your level 3 sommelier training, haven't you?
MS. HEARD: I haven't completed it yet.
MS. VASQUEZ: You're on Level 2?
MS. HEARD: No, I'm on level 3.
MS. VASQUEZ: You also have had a baby, right?
MS. HEARD: I have.
MS. VASQUEZ: And you enjoy being a mother?
MS. HEARD: More than anything.
MS. VASQUEZ: Still love to cook?
MS. HEARD: I do.
MS. VASQUEZ: And you love to hike?
MS. HEARD: I've taken a break on hiking for a minute.
MS. VASQUEZ: You have friends, right?
MS. VASQUEZ: I do have friends. And you spend time with those friends?
MS. HEARD: Occasionally. When I can.
MS. VASQUEZ: And you exercise regularly?
MS. HEARD: Every day.
MS. VASQUEZ: You just filmed a movie in March of 2022; isn't that right?
MS. HEARD: Yes. The one I just shot in Guatemala that I spoke of other.
MS. VASQUEZ: And you have -- you had a major role in a major film that's scheduled to be released soon; is that correct, Aquaman 2?
MS. HEARD: As I said, I don't know if I will even be in the final cut or how much I will be. It was difficult to stay in the movie.
MS. VASQUEZ: You struck Mr. Depp multiple times during your relationship, didn't you, Ms. Heard?
MS. HEARD: There are many times I had to use my body to defend myself, and that included swinging wherever I could. If it meant I could get away, absolutely. If it meant a difference between a sore face and a broken nose, you bet I would You bet.
MS. VASQUEZ: So it's your testimony under oath that you never struck Mr. Depp as the initial aggressor?
MS. HEARD: Well, if he was holding me against the wall by my neck, you know, I might be the first person to have been the first one to slap, which happened in Australia, you know, when he was choking me. But I wouldn't say I was the initial aggressor in that situation.
MS. VASQUEZ: You got physical with Mr. Depp often I during your relationship, didn't you?
MS. HEARD: I had to defend myself as best I could 112 Didn't seem to make much of a difference.
MS. VASQUEZ: You just couldn't control yourself, could you, Ms. Heard?
MS. HEARD: I tried to defend myself when I could But it was after years of not defending myself.
MS. VASQUEZ: Can we please pull up Plaintiff's Exhibit 356, and, Your Honor, portions of the exhibit were entered into evidence yesterday, but we move to admit the entire recording. And I can confirm that there is no other voices besides Ms. Heard's and Mr. Depp's. And I intend to play from 1:29:27 to 1:30:07.
THE COURT: So I have 356A in evidence. Any objection to the entire 356 coming into evidence?
MS. BREDEHOFT: If you may-- if I may.
THE COURT: Sure.
MS. BREDEHOFT: Hold on just a moment, Your Honor. I have to check on something. Your Honor, we can just do the excerpt for now, and we'll double-check our notes on that exhibit. There was one that had something in that couldn't go, and I can't find my notes on that.
THE COURT: We'll call it 356B for now.
MS. VASQUEZ: Thank you, Your Honor.
THE COURT: Can you give me the times I again?
MS. VASQUEZ: Of course. 1 :29:27 to 1:30:07.
THE COURT: All right. And I'm told that we already have a B, so we have 356C.
MS. VASQUEZ: Okay.
THE COURT: Thank you.
MS. VASQUEZ: Thank you, Your Honor.
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 fucking sometimes get so mad I lose it. I can fucking promise you I'm going to do everything to change. I promise you. I'm not going to throw around divorce. I will not O say divorce unless I really meant 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?
MS. HEARD: And I think, honestly, if we hold each other accountable to that, it's fair.
MS. VASQUEZ: Ms. Heard, that's you and Mr. Depp on that recording, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: And you told Mr. Depp, "I can't promise you that I won't get physical," correct?
MS. HEARD: That's correct. He was accusing me of instigating something in the situation I explained g g g p yesterday.
MS. VASQUEZ: And you also told Mr. Depp that sometimes you get so mad you lose it, correct?
MS. HEARD: That's correct. I also explained the context of that fight yesterday.
MS. VASQUEZ: Isn't that exactly what you told Ben King on your way back from Australia, that you get so mad you lose it?
MS. HEARD: Absolutely not. I know that that's O what Ben King testified to, but I never had that conversation with Ben King.
MS. BREDEHOFT: Your Honor, I'm sorry. I checked, and I have no objection to the entirety of 356 coming in.
THE COURT: All right. So 356 in its entirety will be in evidence. All right. Thank you.
MS. VASQUEZ: Thank you, Your Honor. If we could, please play from now what's now been admitted Plaintiffs Exhibit 356 in its entirety from 7:05 to 7:43.
MS. HEARD: Don't. Then don't.
MS. HEARD: (Indiscernible.) Come on. You cannot act like that's about that. It --
MS. HEARD: No. And you hit back. Don't act that you don't fucking participate.
MS. HEARD: I'm not going to get into the details of that fight. You and I both know that you split when there is no physical violence involved and that you do it immediately, like at the very beginning of fights these days. And if you split and you go into a different room, you don't actually leave that house. It does nothing but perpetuate the fight, and you don't actually do it respectfully. You don't --
MS. VASQUEZ: Ms. Heard, is that you and Mr. Depp on this recording?
MS. HEARD: Yes, it is.
MS. VASQUEZ: Can we please pull up Plaintiff's Exhibit 343. And I believe that one's I been admitted already into evidence.
THE COURT: Yes, ma'am
MS. VASQUEZ: Thank you. And just for the record, we're playing from 2:46:01 to 2:47:20.
MS. VASQUEZ: 114 to you, "Hey, tell Travis what just happened."
MS. HEARD: You told me to do it. You I told me to. You said, "Go do that."
MS. HEARD: Why?
MS. HEARD: You figured it out.
MR. DEPP: And then you said, "Motherfucker, no, I didn't. What the fuck are you talking about?" And I watched you lie, and then I --
MS. HEARD: I didn't punch you anyway. I'm sorry that I didn't hit you across the face in a proper slap, but I was hitting you, not punching you. Baby, you're not punched.
MS. HEARD: Well, you have been in a lot of fights in the long time you've been around.
MS. HEARD: I did not hit. I'm sorry I didn't do like this. But I did not punch you. I did not fucking deck you. I (indiscernible) was hitting you. 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.
MS. HEARD: What am I supposed to do? Do this?
MS. HEARD: I'm not being bitchy about it, am I? You are.
MS. HEARD: (Indiscernible.) You're a fucking baby.
MS. HEARD: You are a fucking baby. Grow the fuck up, Johnny.
MS. HEARD: I didn't start a fight.
MS. HEARD: Yes, you did. You did the right thing, the good thing. Yeah, you're admirable.
MS. VASQUEZ: That's you and Mr. Depp in that y recording, Ms. Heard?
MS. HEARD: That's correct.
MS. VASQUEZ: You said you hit Mr. Depp.
MS. HEARD: Yes. I had to hit his body to get through the door.
MS. VASQUEZ: Ms. Heard, my question was "You said on that recording that you hit Mr. Depp, right?"
MS. HEARD: Yes, I did.
MS. VASQUEZ: And you accused him of being a baby for not wanting to be in a physical fight with you, right?
MS. HEARD: Incorrect. I accused him of being a baby for complaining about me hitting him when I was trying to get through the door I was trying to barricade.
MS. VASQUEZ: Can we please pull up Plaintiffs exhibit 368.
MS. VASQUEZ: And again, Your Honor, this is a recording of just Mr. Depp and Ms. Heard. I'm , going to move for the entire exhibit to be moved into evidence.
THE COURT: All right. Any objection I to 368?
MS. BREDEHOFT: I don't think so. No, b Your Honor.
THE COURT: All right. No objection. 368 in evidence in its entirety.
MS. HEARD: (Indiscernible.)
MR. DEPP: I open the bathroom door when you were knocking on it. After a few times, I opened, and, you know, you just come in. You just kept going. You just kept going, kept going. I tried to close the door three times, you know. Please, please just don't let me. And then I --
MS. HEARD: And --
MR. DEPP: Wait. And then I accidentally, I swear, when I was trying to close the door, I guess it scraped your toes.
MS. HEARD: It did.
MR. DEPP: You know, I didn't mean to do that. And I bent down, and you either pushed me or kicked. I think you kicked the door open.
MS. HEARD: I did not.
MS. HEARD: No. I didn't mean to.
MS. HEARD: But I didn't mean to do
MS. HEARD: I did not mean to do anything -- I did not kick at the door or hit the door so that it would hit you. I did not. I swear. That did not -- it was not my intention. I think I remember when the door scraped my toes, I -- I reacted, but this whole -- the door thing, I remember -- I never did that. That wasn't on purpose. I might have done it on accident.
MR. DEPP: Okay. So let's say that was an accident. I then stood up. I don't even know if I said -- I might have said, "What the fuck?" You know, whatever because I had just been hit in the head with the fucking corner of the door.
MS. HEARD: I'm so sorry. I didn't know. I'm sorry.
MS. HEARD: I remember hitting you as a response to the door thing, you know. And I'm really sorry about hitting you with the door -- or hitting your head. I did not mean to nor --
MR. DEPP: You didn't mean to hit me in the head with the door, but you meant to punch me in the jaw.
MS. HEARD: I didn't. I meant to hit you. And I did not do this thing with the door. I do -- admit I did mean to hit you.
MS. HEARD: The door? No, God, no.
MS. HEARD: PLANE I didn't mean to hit you, but it was in response -- I just reacted in response to my foot. I just reacted, and I'm sorry. It's below me. 1!
MS. HEARD: Yeah. But I'm sorry. I'm sorry if I --
MS. VASQUEZ: Again, that's you and Mr. Depp on that I IO recording, right?
MS. HEARD: That's correct.
MS. VASQUEZ: And Mr. Depp was hiding from you in the I bathroom --
MS. HEARD: Incorrect.
MS. VASQUEZ: Isn't that right, Ms. Heard?
MS. HEARD: Incorrect.
MS. VASQUEZ: Well, Mr. Depp said on that recording, I 1 s "I opened the bathroom door when you were knocking I on it," doesn't he?
MS. HEARD: I don't know if he said that, and I didn't hear that.
MS. VASQUEZ: And Mr. Depp said, "When I was trying" "! to close the door, I guess it scraped your toes.
MS. VASQUEZ: He says that, doesn't he?
MS. HEARD: Correct.
MS. VASQUEZ: And then, you kicked the bathroom door Is into his head, didn't you?
MS. HEARD: No, I didn't. And I -
MS. VASQUEZ: And then you punched him in the jaw.
MS. HEARD: I defend myself in that audio. You can hear it for yourself.
MS. VASQUEZ: Right. And then you punched him in the jaw.
MS. HEARD: I also did not do that. I tried to make that clear on the audiotape too, in futility.
MS. VASQUEZ: Mr. Depp said, "You meant to punch me in the jaw," right?
MS. HEARD: Are you asking what he said on the l recording?
MS. VASQUEZ: Yeah.
MS. HEARD: Yes, he said that.
MS. VASQUEZ: And then you respond, "I meant to hit you," didn't you?
MS. HEARD: As I explained yesterday, I was trying to get him off the door.
MS. VASQUEZ: And you said, "I remember I did mean to hit you."
MS. HEARD: Meaning the door. The door was on my feet I reacted instinctively to that.
MS. VASQUEZ: You've heard this audio before, haven't you, Ms. Heard?
MS. HEARD: Yeah. We've already had this trial before.
MS. VASQUEZ: Yeah. It was played for you when you were deposed in 2016 in connection with your divorce from Mr. Depp, wasn't it?
MS. HEARD: That's one of the times I've heard it, yes.
MS. VASQUEZ: Okay. So you've had plenty of time to think about how to respond to this recording, haven't you?
MS. HEARD: I don't know what you mean by that.
MS. VASQUEZ: Well, let's take a look at how you responded to it the first time.
MS. VASQUEZ: Can we please pull up what will be marked Plaintiffs exhibit 1261.
MS. BREDEHOFT: Your Honor --
THE COURT: Okay.
MS. BREDEHOFT: Your Honor, this is another new --
THE COURT: Do you want to come to the bench?
THE COURT: Is this her deposition?
MS. VASQUEZ: Correct. In the divorce proceeding.
THE COURT: You've got to give us a reference point.
MS. VASQUEZ: I apologize.
THE COURT: So we know.
MS. VASQUEZ: Ms. Heard was being deposed, and we played this recording.
MS. BREDEHOFT: That's [improper] where you impeach, you need to ask the question and then if her answer is different from her deposition, then she can play that question and answer.
THE COURT: This is cross-examination.
MS. BREDEHOFT: Well, I understand it's PLANE I still cross-examination, but there's still a
THE COURT: She did ask the question.
THE COURT: She said, "Let's see how you did the first time,"
THE COURT: 6 so I assume it's a different answer to the question. But I don't have a copy of that. I just would like to know where we are referencing I th
THE COURT: E deposition.
MS. VASQUEZ: Absolutely.
MS. BREDEHOFT: The deposition. If we could, get the line and the page number.
THE COURT: The line and page number before we start it.
MS. VASQUEZ: I will. I will do that. Let me do that.
MS. BREDEHOFT: And then we can see that.
MS. VASQUEZ: Thank you.
THE COURT: Uh-huh.
MS. VASQUEZ: I'm going to read it into the record, then I'll hand this to you.
MS. BREDEHOFT: I would like a copy.
MS. VASQUEZ: I will.
MS. VASQUEZ: So, Your Honor, for reference -- and I will provide a copy of the deposition, Ms. Beard's deposition in the divorce -- it's page 372, lines -- starting at line 5, through 377, line 12.
THE COURT: All right. I think--
MS. BREDEHOFT: Okay. I need to have a copy.
MS. VASQUEZ: May I approach, Your Honor?
THE COURT: Yes, ma'am. Thank you.
RAQUEL PENNINGTON: Thank you.
MS. VASQUEZ: Your Honor, with I permission, may we please play?
THE COURT: Can we just get to that s page, make sure everybody's at the -- could you say the page number again, please.
MS. VASQUEZ: Yes, absolutely. ' Ms. Bredehoft, may I have the page. ,22
MS. BREDEHOFT: Page 372, line 5 to 377, line 1 is what I have.
MS. VASQUEZ: 12, line 12.
THE COURT: All right. 372.
MS. BREDEHOFT: If we could have a moment, Your Honor, to read it before it's played.
THE COURT: Okay.
MS. BREDEHOFT: I still don't think it's an impeachment, Your Honor, after reading it.
THE COURT: I'll overrule the objection.
THE COURT: Go ahead.
MS. VASQUEZ: Thank you, Your Honor. If we could please have it published to the jury and the gallery.
THE COURT: All right.
THE COURT: FEMALE SPEAKER: The next thing that I'm going to play to you is you. Would you listen to this, please.
MS. HEARD: Punching. This is punching?
MR. DEPP: I'm sure you are. Anyway. I go to the bathroom door when you !mock on it. You just kept going. You kept going. You kept going. I tried to close the door three times.
MS. BREDEHOFT: Your Honor, may we stop that for a moment? May we approach?
THE COURT: All right.
THE COURT: Yes.
MS. BREDEHOFT: I object to them playing it. They've got the transcription on there; that's not appropriate. If they want to play the video deposition, that's one thing, but (indiscernible).
MS. VASQUEZ: All right. I'll talk to them about it.
THE COURT: Yeah.
MS. BREDEHOFT: They can do it through reading the deposition, Your Honor. They don't need to do that. I asked them to take it off the screen.
THE COURT: Could you take it off the screen, please.
MS. VASQUEZ: Your Honor, we're just going to put something over it.
THE COURT: Okay. That's fine.
MS. VASQUEZ: Thank you.
MS. BREDEHOFT: I have no objection, Your Honor.
MS. VASQUEZ: Can we please start it
MS. HEARD: This is punched. This is punching. I open the bathroom door when you were knocking on it. And you just kept going. You just kept going, kept going. I tried to close the door three times, you know. Just action den then wait. And then I, I, I accidentally, I swear, when I was trying to close the door, I guess I scratched your toes. I didn't -- you know, I didn't mean to do that. I bent down and you didn't say close the door and more open.
MS. HEARD: I did not-- but I did not mean to do that.
MS. HEARD: I did not do anything. I did not kick at the door or slam the door into you. I did not, I swear. It was not my intentions. I think I remember the door scraped my toes.
MS. VASQUEZ: Okay. So you told him in that excerpt that you hit him with the door but did not intend to hit him, correct? Did you say that?
MS. HEARD: I said whatever I said in that recording.
MS. VASQUEZ: Okay.
MS. HEARD: When I say that, I mean, it's hard for me to remember everything.
MS. VASQUEZ: (Indiscernible) the punching?
MS. VASQUEZ: MALE SPEAKER: Q. (Indiscernible) Exhibit Q?
MS. HEARD: I reacted. This whole door thing, I never did that. I never did that. That was an (indiscernible). I did that on accident.
MR. DEPP: Okay. You would say that was an accident. I then stood up, I don't even know if I -- I might have said, "What the fuck," you know, whatever because I just got hit in the O head with the fucking corner of the door.
MS. HEARD: I didn't mean to do that. I'm so sorry.
MS. HEARD: I remember hitting you as a response to the door thing. That's exactly what I just told you. I'm really sorry about hitting you with the door. I did not mean to or --
MS. HEARD: I did mean --
MS. HEARD: I didn't mean to hit you. I did not do it with the door. I do remember I did mean to hit you.
MS. HEARD: The door? No.
MS. VASQUEZ: So on the tape, you tell Johnny Depp that you did mean to hit him?
MS. HEARD: And (indiscernible due to simultaneous audio) what actually happened, which was him trying to get into the room. While trying to get into the room, I tried to push him out of it, which is what the hit is referred to. And Johnny, when he was injured or touched at all, referred to it in these ways of punching or clocked or whatever. And whether you discuss with him or not, the last thing you do in talking to him afterwards is trying to reconcile with him. He can get into what the definition of those words mean to him. Never - I never even interrupted.
MS. HEARD: If he was ever pushed, it was a cold- he called I it a "cold clock." I mean, he's just very dramatic. j 3
MS. VASQUEZ: Isn't it true --
MS. VASQUEZ: You're smiling as that audio recording is being played in your deposition, aren't you,
MS. HEARD: I'm not smiling because of the audio. I , Ms. Heard? I'm smiling because of what's happening around me.
MS. VASQUEZ: You even roll your eyes at one point, don't you?
MS. HEARD: I was sitting opposite a whole table full of lawyers who were snickering and laughing and rolling their eyes at me while I was talking.
MS. VASQUEZ: Is there something amusing about kicking a door into your husband's head?
MS. HEARD: No. I was rolling my eyes and commenting on what I was experiencing at that time, in recounting the story.
MS. VASQUEZ: There's something amusing to you about punching your husband in the jaw?
MS. HEARD: That is not what I was smiling about, and, no, I do not think it's amusing. ,2
MS. VASQUEZ: Ms. Heard, you testified yesterday that all you want to do is move on. Do you remember that testimony?
MS. HEARD: Yes, I do.
MS. VASQUEZ: Your exact words were "I just want him to leave me alone. I want to move on with my Is life, and he won't let me."
MS. VASQUEZ: Do you remember that?
MS. HEARD: Yes, that is correct.
MS. VASQUEZ: But that's not true, is it, Ms. Heard?
MS. HEARD: It is very true.
MS. VASQUEZ: You just haven't been able to move on with your life, have you, from Mr. Depp?
MS. HEARD: Well, I'm here, aren't I?
MS. VASQUEZ: Yeah. In fact, on October 11th, 2018, you actually commenced an arbitration action against Mr. Depp for defamation, didn't you?
MS. HEARD: I don't recall that, no.
MS. VASQUEZ: Your Honor, may I 121 approach? May we approach?
THE COURT: Yes.
MS. VASQUEZ: Now that she said that she doesn't recall, I think I have to show it to her, just to refresh her recollection. I'm not going to publish it to the jury.
MS. BREDEHOFT: I would have to say, Your Honor, in the deposition, she didn't have any recollection of this either.
THE COURT: She's entitled to see if it refreshes her recollection; that's it. You just have to show it to her and say, "Does this refresh your recollection?" Okay?
MS. VASQUEZ: Thank you.
THE COURT: Uh-huh.
MS. VASQUEZ: If we could, please pull up Plaintiff's Exhibit 219.
MS. VASQUEZ: And, Ms. Heard, if you could, please read to yourself the first page of Exhibit 219.
MS. HEARD: All right.
MS. VASQUEZ: And if you could, also read to yourself the second page of Exhibit 219.
MS. HEARD: Yes.
MS. VASQUEZ: And if you could, scroll down, Tom.
MS. VASQUEZ: Again, Ms. Heard, just to look at that page.
MS. VASQUEZ: And then scroll down to the next page, please.
MS. VASQUEZ: And the next page.
MS. VASQUEZ: Does that refresh your recollection, Ms. Heard, that you did, in fact, in October of 2018, two months before you published the op-ed in this case, that's the subject of this case, you initiated an arbitration against Mr. Depp for defamation?
MS. HEARD: It's not my understanding I initiated an arbitration. It's my understanding that our lawyers sent a lawyer - I mean a letter to his lawyers after he called me a liar again, effectively, in an interview.
MS. VASQUEZ: And that's two months before your op-ed that was published in December of 2018, right?
MS. HEARD: That is correct.
MS. VASQUEZ: And that's six months before Mr. Depp filed a case -- this case against you, correct?
MS. HEARD: That's correct.
MS. VASQUEZ: So you fired the first shot, not Mr. Depp?
MS. HEARD: I disagree. We sent a letter.
MS. VASQUEZ: Okay. Thank you. Ms. Heard, isn't it true that you once filled out a customs form falsely so that you could --
MS. BREDEHOFT: Objection, Your Honor. May we approach?
THE COURT: Okay.
MS. BREDEHOFT: Your Honor, this is a 117 subject of a Motion in Limine.
MS. VASQUEZ: That you denied.
MS. BREDEHOFT: Your Honor said that if they were going to raise it, they had to approach.
THE COURT: All right. Let's take a look. Is it the --
MS. VASQUEZ: This is the customs form She pleaded guilty. She was charged with falsifying a document in Australia. ,3
THE COURT: Okay.
MS. VASQUEZ: Your Honor ruled that this was allowed.
THE COURT: All right. Which one was it? Do you remember?
MS. BREDEHOFT: Your Honor, may I grab my ...
THE COURT: Yes, go ahead.
THE COURT: Motion in Limine.
MS. VASQUEZ: So I believe it's Motion in Limine Number 2.
THE COURT: Number 2, right?
MS. VASQUEZ: Doesn't say that we have to approach.
THE COURT: Subject to objections at trial, correct. I Approach the bench for raising.
MS. VASQUEZ: So sorry, Your Honor. I didn't see that.
THE COURT: Okay. All right. So what are we trying to raise here?
MS. VASQUEZ: That Ms. Heard pleaded guilty to falsifying a document in Australia.
THE COURT: All right. So that would be Number 2.
MS. VASQUEZ: Correct.
MS. BREDEHOFT: Correct, Your Honor. And in that situation, it did not result in a conviction.
THE COURT: Correct.
MS. BREDEHOFT: It was not a charge of perjury.
THE COURT: Okay.
MS. BREDEHOFT: And it was not a crime involving moral turpitude, and the court specifically found that she did not intentionally mislead in the document.
THE COURT: Okay. So what's the basis of bringing it up?
MS. VASQUEZ: That she pleaded guilty to falsifying a document and essentially y g y committing perjury, which is a crime of moral turpitude. It's highly relevant to her testimony.
THE COURT: She wasn't convicted.
MS. VASQUEZ: She pleaded guilty, though. She was charged. She was charged and pleaded guilty. She didn't have to be convicted because she pled guilty.
THE COURT: Yeah. For crimes of moral turpitude, it has to be a conviction.
MS. BREDEHOFT: And there was not.
THE COURT: But the basis for you getting it in is just to show a crime of moral turpitude, correct?
MS. VASQUEZ: Correct.
THE COURT: It wasn't a conviction, so it doesn't come in for that.
MS. BREDEHOFT: While we're up here, are you planning on any of the other ones so we can cover them before?
THE COURT: You'll approach right before you --
MS. VASQUEZ: Well, we've already I approached about the topic and Your Honor ruled.
THE COURT: That took care of that one.
MS. BREDEHOFT: So are we doing anything with the immigration?
MS. VASQUEZ: No.
THE COURT: All right.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: BY MS. VASQUEZ:
MS. VASQUEZ: Ms. Heard, you testified yesterday that when you left the courthouse after obtaining the domestic violence restraining order against Mr. Depp, you walked out to "a sea of paparazzi and cameras," right?
MS. HEARD: That's correct.
MS. VASQUEZ: You testified that you were surprised to see the sea of cameras?
MS. HEARD: That's correct.
MS. VASQUEZ: Because it was quiet when you went into the courthouse that morning?
MS. HEARD: And the divorce had remained under the radar up to that point.
MS. VASQUEZ: You testified that no one knew about your divorce, so you thought it was going to stay . that way, right?
MS. HEARD: No. I always figured it would come out. I just tried to buy time.
MS. VASQUEZ: You knew the media had been alerted that you were filing for divorce, right, Ms. Heard?
MS. HEARD: No. I just knew that it was impossible to do that privately, so you could just hope it was a matter of time.
MS. VASQUEZ: You knew they were going to be there, didn't you?
MS. HEARD: No, I did not. I assume since it's a I public building that there's that likelihood - not likelihood, but possibility. But I was, you know, I was shocked.
MS. VASQUEZ: Your publicist, Jody Gottlieb, was I there at the courthouse with you, wasn't she?
MS. HEARD: Yes, she was.
MS. VASQUEZ: So you anticipated that you might need your publicist?
MS. HEARD: I thought that filing might make - well, I was told the filing was public, that it would be impossible - there's no way for you to filed for the TRO, it would be public news. I do a private filing, and that the second that I didn't expect all these photographers and cameras to show up at the courthouse in real time, but they did.
MS. VASQUEZ: If we could, please pull up Plaintiffs Exhibit 1280, which is a clip from the divorce deposition.
MS. VASQUEZ: And you have, at page -- if I can alert you -- you have the transcript there, page 74, lines 22.
MS. HEARD: You said 874.
MS. VASQUEZ: Lines 22 through 75, line 13.
MS. BREDEHOFT: I'm sorry. 72, line?
MS. VASQUEZ: 74, line 22 through 75, line 13.
MS. BREDEHOFT: Your Honor, may we approach?
THE COURT: Okay.
MS. BREDEHOFT: I don't see this in --
THE COURT: This is a text message sent to Jerry Judge?
MS. VASQUEZ: She goes on, and at the very end of her answer, you see that she testifies she alerted TMZ about the divorce. TMZ was alerted. The very end of her answer.
THE COURT: Okay.
MS. BREDEHOFT: I'm sorry. Where is it?
THE COURT: Right there.
MS. BREDEHOFT: I'm not finding TMZ.
MS. VASQUEZ: It's at the very end of her answer. I'm sorry I don't have my copy here. I don't have it with me, Ms. Bredehoft, to cite. I read the cite.
MS. BREDEHOFT: I'm not seeing TMZ.
THE COURT: It says it there: "Some of the (indiscernible) TMZ, which was alerted."
MS. BREDEHOFT: It doesn't say she alerted them In fact, she's testified that Laura Wasser alerted them
THE COURT: It is subject to direct-- other redirect. Her theory is that she stated it.
MS. BREDEHOFT: Well, I don't think it's impeachment, Your Honor.
THE COURT: Yes.
MS. BREDEHOFT: It's just going to be the video deposition again.
MS. VASQUEZ: Yes. Thank you.
MS. VASQUEZ: If we could, please play and display to the jury Plaintiff's Exhibit 1280. played.)
MS. VASQUEZ: Ms. Heard, did you send a text message to Jerry Judge on May 24, 2016, telling Jerry Judge, "I'm desperately trying to reach Johnny. It's extremely important. Please tell him"?
MS. HEARD: I remember sending the text message that is in front of me right now to Jerry, and I would like -- I remember sending this because I wanted to tell Johnny, or have him told by Jerry or someone who knew him or was close to him -- basically I didn't want him to find out online --
RAQUEL PENNINGTON: That I had, or was about to file -- or I had already filed for divorce. I wanted him to know verbally. So I was trying to reach him through a third party and tell him. When I say "reach," I'm specifically saying, "I would like him to know, information coming from me" or coming from Jerry from me, "so that he finds out about the divorce filing, or my intention to do so, from some other source other than TMZ, which was alerted."
MS. VASQUEZ: You slipped up there, didn't you, Ms. Heard? You let it slip out that TMZ had been alerted to your filing of the domestic violence restraining order, didn't you?
MS. HEARD: I disagree. That's not what I'm talking about.
MS. VASQUEZ: TMZ is the same outlet that you released the video of Mr. Depp attacking the kitchen cabinet the same day before this deposition was taken, wasn't it?
MS. HEARD: I didn't do that. I don't know how I could do that.
MS. VASQUEZ: TMZ owns the copyright to that video now, doesn't it?
MS. HEARD: I have no idea what TMZ owns.
MS. VASQUEZ: Were you paid for that?
MS. HEARD: I never got paid for it because I had nothing to do with that.
MS. VASQUEZ: So TMZ was lucky in getting the inside scoop from your divorce to Mr. Depp, huh?
MS. HEARD: I have no idea. It is not - that's not my area of expertise. I wouldn't even know how to do that. And also, what does that get me? If I wanted to leak things about Johnny, I could have done that in a much more successful way, in a bigger way, for years.
MS. VASQUEZ: Not when you were extorting him for $7 million?
MS. HEARD: I got a fraction of what I was entitled to in the state of California, by the way. What extortion?
MS. VASQUEZ: Tasya van Ree is your ex-wife, right?
MS. HEARD: That's right. She's my ex-partner.
MS. VASQUEZ: She told the story that Mr. Depp was jealous of, right?
MS. HEARD: Yeah. Well, that was a 2013 fight in around March, yes.
MS. VASQUEZ: You testified that he tried to bum one of her paintings, right?
MS. HEARD: That's correct.
MS. VASQUEZ: You testified he tried to bum one of your favorite paintings that she did, right?
MS. HEARD: I don't know if it was one of my favorites.
MS. VASQUEZ: You committed domestic violence against Ms. van Ree during your relationship, didn't you?
MS. HEARD: No, I did not.
MS. VASQUEZ: You assaulted her at a Seattle airport in 2009, didn't you?
MS. HEARD: No, I did not.
MS. VASQUEZ: And people saw that?
MS. HEARD: That's not true. /2
MS. VASQUEZ: And it was covered in the press; isn't that true?
MS. HEARD: It was a - it was planted in the press by Johnny's team two days after I got the TRO. Not quite -
MS. VASQUEZ: Can you please pull up Plaintiffs exhibit 1279.
MS. BREDEHOFT: Your Honor, may we approach?
THE COURT: That's fine.
MS. BREDEHOFT: Your Honor did not permit her to go into that
THE COURT: We did. We said you could go into those, the articles themselves.
MS. VASQUEZ: The only article I plan to show is this one. It doesn't have the word in here.
THE COURT: Doesn't have the word. It's not going into evidence.
MS. VASQUEZ: Not going into the evidence.
MS. BREDEHOFT: Not going to be shown to the jury.
THE COURT: Not going to be shown to the jury.
MS. BREDEHOFT: Okay. Thank you.
THE COURT: Uh-huh.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: If we could, please, have that article displayed for the witness.
MS. VASQUEZ: This is an article from two years ago, correct, Ms. Heard?
MS. HEARD: I don't know when this was - l !
MS. VASQUEZ: May of 2020?
MS. HEARD: That's not when it came out, no. This story started getting planted in - after I got a TRO, after I got a restraining order against Johnny.
MS. VASQUEZ: The headlines says, "Amber Heard Allegedly Struck" --
MS. BREDEHOFT: Objection, Your Honor. Objection, Your Honor. Your Honor ruled she can't say that.
THE COURT: If you want to, approach again.
THE COURT: It was just the title.
MS. VASQUEZ: Just the title.
THE COURT: The title. Can't have the rest.
MS. VASQUEZ: Right. Doesn't have the word.
THE COURT: Okay.
MS. VASQUEZ: The title reads, "Amber Heard Allegedly Grabbed, Struck Her Ex-girlfriend at the Airport," doesn't it?
MS. HEARD: Yes. And that's not true.
MS. VASQUEZ: May we approach?
THE COURT: Okay.
MS. VASQUEZ: Your Honor, I think she's opened the door to the arrest. I mean, the fact that she's saying that's not true that she grabbed and assaulted her ex-girlfriend yet she was arrested for that exact thing, I think at a minimum, I should be allowed to show her the arrest record -- again, I'm not going to be admitting it -- to see if that refreshes her recollection that in fact she did assault and grab her girlfriend.
THE COURT: She did say no.
MS. BREDEHOFT: No, Your Honor. I'm sorry. What did Your Honor say?
THE COURT: (Indiscernible.)
MS. BREDEHOFT: Right, right. Because she's still going to deny, and that's the whole point. An arrest is not a conviction. She's --
THE COURT: I'm not going to allow that.
MS. VASQUEZ: Thank you.
MS. BREDEHOFT: You are going to?
THE COURT: No, I'm not.
MS. BREDEHOFT: Okay. Thanks. I couldn't hear you.
THE COURT: I just didn't know if I was, you know, sustaining your objection or overruling her. I wasn't sure exactly which way we were.
MS. BREDEHOFT: Okay. Thank you.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: So the article, the title is "Amber Heard Allegedly Struck Her Ex-girlfriend" --
MS. BREDEHOFT: Objection, Your Honor she's already --
THE COURT: Overruled.
MS. VASQUEZ: Thank you. If I may start over.
MS. VASQUEZ: "Amber Heard Struck Her Ex-girlfriend, Tasya van Ree, at the Airport in 2009." Did I read that right?
MS. HEARD: Yes. It's another example of the smear campaign.
MS. VASQUEZ: So Mr. Depp is not the only domestic partner you've assaulted, is he?
MS. HEARD: I never assaulted Mr. Depp or anyone that I've been romantically linked to, ever.
MS. VASQUEZ: No further questions, s Your Honor.
THE COURT: Allright.
MS. BREDEHOFT: Ms. Heard, did Ms. van Ree come out I after that article came in to make a public I statement it was false?
MS. VASQUEZ: Objection, Your Honor. Hearsay.
MS. BREDEHOFT: Your Honor, I --
THE COURT: Overruled.
MS. BREDEHOFT: Thank you.
MS. HEARD: Of course she did.
MS. BREDEHOFT: Okay. Now, let's talk about the TMZ alert. Explain to the jury what you meant by the TMZ was alerted.
MS. HEARD: So when you make these kind of filings, meaning divorce, marriage, things like that, they are public record. And so, when we filed for divorce, when I filed for divorce, I asked my team to file in the most discreet way, literally to put it under a stack of papers and file it at the end of day, so it kind of had more of a shot of being missed by the paparazzi and by TMZ and those sorts of publicity outlets.
MS. HEARD: I believe that we had been remarkably lucky following the divorce that it wasn't picked up and that it gave me a precious few days of peace at that really fragile time. When I found out that they were going to run the story or that they had the information, I was trying to get ahold of Johnny to clarify that I did not do this in a punitive way. I dido 't want him to be mad at me. I didn't, you know, I didn't want him to find out in that sort of context online.
MS. BREDEHOFT: And who had connections to TMZ?
MS. VASQUEZ: Objection. Calls for speculation.
MS. BREDEHOFT: Do you know?
MS. HEARD: I do know. Johnny spoke about-
MS. VASQUEZ: Your Honor, Your Honor, calls for speculation.
THE COURT: Sustain the objection.
MS. BREDEHOFT: Did Mr. Depp tell you about who had connections with TMZ?
MS. HEARD: Yes. We talked about it. His lawyer, Laura Wasser.
MS. BREDEHOFT: Okay. Now, I'm going to start at the very beginning here. You were asked by Ms. Vasquez about why Mr. Depp won't or can't look you in the eye. And she read out -- or she played a tape in which Mr. Depp said, "You will not see my eyes again."
MS. BREDEHOFT: Do you recall that?
MS. HEARD: I do.
MS. BREDEHOFT: And that was during the mediation process in July, correct?
MS. HEARD: That was the first one.
MS. VASQUEZ: Objection. Leading.
THE COURT: Sustain the leading.
MS. BREDEHOFT: When was that?
MS. HEARD: That was in July 2016. It was the first mediation attempt. We met after that, and Johnny very much looked me in the eye.
MS. BREDEHOFT: Please tell the jury about the next meeting after he said, "You will not see my eyes again."
MS. HEARD: We met in the lawyer's office. They gave us a moment. Johnny kissed me again, held me. I cried. He cried. And then we had a short exchange, and he put a note in my pocket that said, "I'll love you dead or alive, my slim," with his new phone number on it.
MS. BREDEHOFT: I would like to bring up, Michelle, if you can, Defendant's Exhibit 1581L.
MS. BREDEHOFT: I'm sorry.
MS. BREDEHOFT: Do you recognize this?
MS. VASQUEZ: Objection, Your Honor. May we approach?
THE COURT: Yes, ma'am.
MS. VASQUEZ: So we are now redirect.
THE COURT: Right.
MS. VASQUEZ: This is something that was never produced. And if it was produced, it was produced part of a late production and past discovery cutoff.
MS. BREDEHOFT: So it was produced by Mr. Depp. It was used in the U.K. trial. Mr. Depp produced it as a black-and-white in this case. This came out in color, it's true, through the -- through Mr. Young's view, but it's not responsive to any document request that they've asked for.
THE COURT: I'm going to sustain the I objection. ,16
MS. VASQUEZ: Thank you, Your Honor.
MS. BREDEHOFT: Could you tell the jury what the coaster was that he slipped into your pocket, what it said?
MS. HEARD: Said, "I'll love you forever, my Slim, dead or alive.
MS. BREDEHOFT: And what, if anything, did it have in addition?
MS. HEARD: His new phone number.
MS. BREDEHOFT: And to be -- just so we're clear, on how many occasions in that second mediation did Mr. Depp look you in the eye?
MS. HEARD: Many.
MS. BREDEHOFT: Okay. And when Ms. Vasquez asked you if you knew why Mr. Depp couldn't or wouldn't look you in the eye here or in the U.K., you said yes, you know.
MS. BREDEHOFT: Why? Please tell the jury why.
MS. HEARD: Because he's guilty. He knows he's lying. Otherwise, why can't he look at me? I survived. I survived that man, and I'm here and I'm able to look at him
MS. BREDEHOFT: Thank you.
MS. BREDEHOFT: You were asked about a bruise that was on your arm from March 15, 2013.
MS. BREDEHOFT: Do you recall how long before the picture you had sustained that bruise?
MS. HEARD: I do.
MS. BREDEHOFT: How long.
MS. HEARD: Two weeks.
MS. BREDEHOFT: You were asked a number of times by Ms. Vasquez if you took pictures from your incidents earlier in the relationship.
MS. HEARD: Yes.
MS. BREDEHOFT: Why didn't you?
MS. HEARD: It was something I started doing only kind of incidentally. You know, I was commenting to my best friend. I was looking for support from my mom, things like that. You know, there was - I'm ashamed to say - never a thought that this would happen. I mean, not until December and my best friend taking pictures of me to capture it, did that even - that wasn't even a thing.
MS. BREDEHOFT: It has been suggested by Ms. Vasquez to you in your questions that you didn't tell anyone about the abuse until the TRO; is that true?
MS. VASQUEZ: Objection, Your Honor. Leading.
MS. BREDEHOFT: All right.
THE COURT: Sustained.
MS. BREDEHOFT: All right.
MS. BREDEHOFT: Who did you tell about the abuse during the time it was happening?
MS. VASQUEZ: Objection, Your Honor. Leading.
MS. BREDEHOFT: Not offered --
MS. VASQUEZ: And hearsay.
THE COURT: Sustained.
MS. BREDEHOFT: Your Honor, it's prior consistent statements.
THE COURT: But it's leading. It's sustained.
THE COURT: Next question.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: What, if anything, did you tell to anyone about the abuse?
MS. VASQUEZ: Objection, Your Honor. Hearsay.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: Your Honor, may I approach, Your Honor?
THE COURT: Hat's fine.
THE COURT: You don't have forever to do that. I mean, there has to be a timeline Is you're trying to talk about.
MS. BREDEHOFT: Actually, Your Honor, there's two different ways I think it comes on prior consistent statement, Your Honor. I submitted this brief earlier to Your Honor. f 10
THE COURT: I've seen it.
MS. BREDEHOFT: So there are two parts to this one, and one part of this is just the prior consistent statements on specifics, and I will have some on that. But the second is the offer to rebuff allegations of recent fabrication before litigation arose, and that's Virginia court -- Supreme Court Rule 2:801(d)(2)(B).
MS. BREDEHOFT: And the Virginia Supreme Court has further defined this principle -- and I'm citing Faison here -- "Where a witness has been assailed on the ground that the story is a recent fabrication, or that they have some motive to testifying falsely, proof that they gave a similar account of the transaction when the motive did not exist, before the effect of such an account could be foreseen or motives of interest would have induced a different statement, is admissible." And that's Faison and they're also citing Gramsey Duncum (phonetic)
MS. BREDEHOFT: In this instance, they're clearly suggesting that she's made this up for the TRO and that it was never there before. She didn't tell anybody. It didn't exist, and I think that brings in --
MS. VASQUEZ: That's not what we're saying.
MS. BREDEHOFT: All of the statements, Your Honor.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: Your Honor, just so I make a complete record on that, I'm removing the admission of the exhibit that I tried to put in last Wednesday and Thursday that were for hearsay because they're prior consistent statements. I just want to put my record on, Your Honor.
THE COURT: Okay. That's fine. But it's not prior consistent statements, so I'll sustain the objection.
MS. VASQUEZ: Thank you, Your Honor.
MS. BREDEHOFT: Ms. Heard, how many people have you shared the fact of abuse prior to 2015?
MS. VASQUEZ: Objection, Your Honor. O Leading. Calls for hearsay.
MS. BREDEHOFT: How many. How many
THE COURT: Overruled.
MS. HEARD: Roughly, about ten.
MS. BREDEHOFT: Okay. Can you name them?
MS. HEARD: Yes.
MS. VASQUEZ: Objection, Your Honor. Hearsay.
MS. BREDEHOFT: I think she can -- it's not offered -- it's just to show that she had -- that she informed people before. There are suggestions --
MS. VASQUEZ: Objection, Your Honor, can we approach This is again--
MS. VASQUEZ: Your Honor, she's making arguments in front of the jury.
THE COURT: I understand.
MS. VASQUEZ: And it's just inappropriate. I mean, you said at the outset of the trial, speaking objections are not to be permitted, just one-word objections, legal objections.
THE COURT: Okay. So --
MS. BREDEHOFT: So, Your Honor, I think it's been suggested that she made these up. I think she should at least be --
THE COURT: Right. She said ten people. So why do we need the names of the people?
MS. BREDEHOFT: Okay.
THE COURT: I'll sustain the objection.
MS. VASQUEZ: Thank you, Your Honor.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: Now, you were asked whether you had consulted a medical doctor about any problems with your nose, correct?
MS. HEARD: That's correct.
MS. BREDEHOFT: And you indicated that you in fact had after the divorce, correct?
MS. VASQUEZ: Objection. Leading.
MS. BREDEHOFT: Did you or did you not consult an ENT after the divorce?
MS. HEARD: I did.
MS. VASQUEZ: Objection. Leading.
MS. BREDEHOFT: Did you produce medical records to the defendants [sic] relating to this?
MS. HEARD: I did.
MS. VASQUEZ: Objection. Leading.
THE COURT: I'll sustain the objection I as to leading. Next question.
MS. VASQUEZ: Thank you. And, Your Honor, if we could -- the witness could be instructed not to answer until I've lodged my objection.
THE COURT: All right. Wait for the objection, please.
MS. BREDEHOFT: Could we bring up Defendant's Exhibit 1077.
MS. BREDEHOFT: Do you recognize this document?
MS. HEARD: My screen is black.
THE COURT: Oh, sorry. There you go.
MS. HEARD: Yes, I do.
MS. BREDEHOFT: And could you tell us what it is?
MS. HEARD: That's what my ENT, the ears, nose, and throat doctor told me was -
MS. VASQUEZ: Objection, Your Honor. Hearsay.
THE COURT: All right. I'll -- when there's an objection, please stop talking.
RAQUEL PENNINGTON: Sorry.
THE COURT: Thank you. All right. I'll sustain the objection as to hearsay.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: What, if any -- you were asked if you had -- it was suggested that you had not produced this in discovery; is that true or false?
MS. VASQUEZ: Objection, Your Honor. Leading.
MS. BREDEHOFT: Your Honor, she absolutely did that.
THE COURT: It's leading. It is a leading question, though. I'll sustain the objection as to leading.
MS. BREDEHOFT: What, if anything, did you do to produce medical records to the defendant -- to the plaintiff in this case?
MS. HEARD: I turned over all of my devices, and they had a - the - Johnny's team had a third party, or someone they selected as a third party, go and pull all relevant documents from those devices, which I handed over.
MS. BREDEHOFT: Do you know how many were handed over?
MS. HEARD: Hundreds of thousands, I believe. Maybe - maybe more.
MS. VASQUEZ: Objection, Your Honor. Lack of foundation.
THE COURT: All right I'll sustain the objection Next question.
MS. BREDEHOFT: And do you -- what, if anything, did you produce to the plaintiff in connection with your consultation with an ENT specialist relating to your nose?
MS. VASQUEZ: Objection. Leading.
THE COURT: Sustained.
MS. BREDEHOFT: I said, "What, if anything."
MS. VASQUEZ: Foundation. Hearsay.
THE COURT: "What, if any?" It's not the cure-all. It's sustained.
MS. BREDEHOFT: When did you see an ENT specialist?
MS. HEARD: 2017 or 2016 or '17.
MS. BREDEHOFT: And as a result of that consultation, what did you learn about your nose?
MS. VASQUEZ: Objection, Your Honor. Hearsay.
MS. BREDEHOFT: I'm not asking her to tell what they said.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: What, if any, production did you make to the plaintiffs of your medical records with the ENT?
MS. VASQUEZ: Objection, Your Honor. Lack of foundation.
THE COURT: If you want to, lay a foundation.
MS. BREDEHOFT: Do you know whether the records, medical records, from your ENT were produced in discovery?
MS. VASQUEZ: Objection, Your Honor. l Lack of foundation. Calls for speculation.
MS. BREDEHOFT: I'm just asking --
THE COURT: I'll overrule if she knows.
MS. BREDEHOFT: Thank you.
MS. HEARD: Yes.
MS. BREDEHOFT: And do you recall --
MS. BREDEHOFT: I'm trying. I'm trying.
MS. BREDEHOFT: What, if anything, did the medical records reflect about your nose?
MS. VASQUEZ: Objection, Your Honor. Hearsay.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: Do you have injuries to your nose?
MS. HEARD: Yes.
MS. BREDEHOFT: Please describe those to the jury.
MS. HEARD: I have scar tissue.
MS. VASQUEZ: I'm going to object to the extent it calls for hearsay and lack of foundation.
THE COURT: Overruled.
MS. VASQUEZ: And improper expert opinion.
MS. BREDEHOFT: She can certainly testify to --
THE COURT: We'll see where it goes. Go ahead.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: Go ahead.
MS. HEARD: I have a significant amount of scar tissue in my nose.
MS. VASQUEZ: Objection, Your Honor.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: What, if any, difficulty do you have breathing?
MS. VASQUEZ: Objection. Leading.
MS. BREDEHOFT: "What, if anything," and that does cure it, Your Honor.
THE COURT: It doesn't. But I'll overrule the objection.
MS. BREDEHOFT: Thank you.
MS. BREDEHOFT: Do you remember the question?
MS. HEARD: I have a significant amount of trouble breathing at night, and I've been putting off having surgery for it.
MS. BREDEHOFT: Okay. Now, you were asked about December 15, 2015, and Ms. Vasquez suggested that you did not report the abuse or the injuries to Erin Falati.
MS. BREDEHOFT: Do you recall that --
MS. VASQUEZ: Objection, Your Honor. Leading.
MS. BREDEHOFT: Your Honor, I'm entitled to go into what Ms. Vasquez asked.
THE COURT: Objection is to leading. I'll sustain the objection.
MS. BREDEHOFT: Did you report -- what, if anything,
MS. BREDEHOFT: Okay. did you report to Erin Falati about the abuse you sustained on 12/15/2015?
MS. VASQUEZ: Objection. Leading and hearsay.
THE COURT: Approach.
THE COURT: You just can't put "what, if any," and ...
MS. BREDEHOFT: I can't hear you.
THE COURT: You can't put "what, if any," in front of a whole statement and say you're directing her directly to that. There are ways to ask the question. You just can't ask it in those ways.
MS. BREDEHOFT: So if I'm going to -- 1118 Your Honor, I would like to do a preview.
THE COURT: Sure.
MS. BREDEHOFT: There is notes from ,21 Erin Falati's records that were excluded from 2212/16.
THE COURT: Okay.
MS. BREDEHOFT: Ms. Vasquez read from 12/17.
THE COURT: Okay.
MS. BREDEHOFT: I'm going to, now, bring in 12/16, prior consistent statement, because she was impeached with 12/17 from the hotel about the injuries to Erin Falati.
MS. BREDEHOFT: In fact, Erin Falati documented the day before that "Client states JD was inebriated. Client states disagreement escalated and states husband (indiscernible) abuse (indiscernible) to her head. Client denies loss of consciousness, (indiscernible) headache and closed eye. I would encourage client to notify Dr. Kipper and then go to emergency room Client declines, states friend Rocky was here and that husband will not be able to enter the home." This is a direct, a direct response to -- this is a prior consistent statement, Your Honor. Ms. Vasquez asked her about 12/17, which is in evidence --
THE COURT: Right.
MS. BREDEHOFT: And suggested that she didn't tell her about it. Then she went and got -- that Dr. Kipper wrote and suggested that she didn't tell him about the incident. So she's suggesting she falsified the incident. This is a prior consistent statement to Nurse Falati. So I am going to be --
MS. VASQUEZ: Your Honor, it's hearsay. It's hearsay.
THE COURT: Well, she's saying she's not using it for -- she says exception to hearsay is a prior consistent statement.
MS. BREDEHOFT: Correct.
MS. VASQUEZ: But it's still double hearsay, Your Honor, because it's not Ms. Heard's statement. It's Ms. Heard's statement allegedly to a nurse, and it's recorded on a document. That's double hearsay. That's still double hearsay. The nurse isn't testifying to that.
MS. BREDEHOFT: That's the whole point of having an exception to hearsay.
MS. VASQUEZ: No. You still can't get
MS. BREDEHOFT: G over --
THE COURT: I understand. I see what you're saying.
MS. VASQUEZ: And you need an exception --
MS. BREDEHOFT: And there's a medical records exception.
MS. VASQUEZ: No, there isn't.
THE COURT: Who is CT?
MS. BREDEHOFT: Client.
THE COURT: Client, okay.
MS. VASQUEZ: By the way, my question wasn't "What injuries did you tell Erin Falati about?" which would have elicited that testimony, perhaps, but you still have to get over the two levels of hearsay, and she doesn't have an exception for the two layers of hearsay.
MS. BREDEHOFT: I don't agree. A prior inconsistent statement is an exception to the hearsay rule, and so is the medical record.
THE COURT: But medical record, you still have to get over the hearsay in the medical I records.
MS. VASQUEZ: You have to get over the hearsay.
MS. BREDEHOFT: It's not hearsay.
THE COURT: Anyways where we're at.
MS. VASQUEZ: Correct. She's trying to offer it.
MS. BREDEHOFT: It's specifically intended to impeach her and suggest that she did not tell Erin Falati about the injury. And she brought up the 12/17 note, which is in evidence.
MS. VASQUEZ: I did not.
THE COURT: All right. This is what I'm going to do. I'm not going to allow this into evidence because it is double hearsay. But because it is a prior consistent statement, if you want to ask her, "Did you tell -- on 12/16, did you tell the nurse about your injuries?" I'm going to allow that because that would be a prior consistent statement, but I'm not going to allow the notes in. Okay. Does that make sense?
MS. BREDEHOFT: It's just I know the I jury doesn't get to see that. And they see the 12/17, and they're misled --
THE COURT: But you have a hearsay issue inside of that. I'm allowing you to ask the question for prior inconsistent statement because ! I think that's appropriate, okay?
MS. VASQUEZ: Just what-- and not i reading in?
THE COURT: And not reading in the note, just an open-ended question "What did you ask her?"
MS. BREDEHOFT: And then I also have text message exchanges between Erin Falati and Amber Heard on 12/16 about this. This is Defendant's Exhibit 535, Your Honor, and for the record, what I want to move in is Plaintiff's 46A to add in the 12/16/15 --
THE COURT: Which part are you saying is a prior consistent statement here?
MS. BREDEHOFT: She's telling her about the headache, and it goes through, and then she finds her is an exception.
THE COURT: Show me the prior consistent statement.
MS. VASQUEZ: Your Honor, I'm going to just object that none of this should be admitted.
THE COURT: Well, the prior consistent statement.
MS. VASQUEZ: Prior --
THE COURT: Go ahead.
MS. VASQUEZ: Prior consistent statements cannot be admitted into evidence because they're used to rehabilitate the witness.
THE COURT: Right.
MS. VASQUEZ: But it cannot be admitted into evidence.
THE COURT: Right. So you can ask her the question. I'm not going to allow the documents.
MS. VASQUEZ: They have to be open-ended, and they can't be quoting. It's hearsay.
THE COURT: You can't quote the text You can't quote the notes Just say, you know, "On 12/16, did you report to the nurse any injuries?" Does that sound okay
MS. VASQUEZ: That's fine, Your Honor. And I, just for the record, Your Honor --
MS. BREDEHOFT: "And did you text with Nurse" --
THE COURT: "And did you text her about your injuries?" But that's it, okay?
MS. BREDEHOFT: All right.
MS. VASQUEZ: And just for the record, Your Honor --
THE COURT: Okay.
MS. VASQUEZ: I didn't impeach her on this incident. I asked her if she had any injuries.
THE COURT: We're not going impeachment, just prior consistent statement. That's fine.
MS. VASQUEZ: Okay. Thank you.
MS. BREDEHOFT: Did you tell Nurse Falati on 12/16/2015 about the injuries you sustained from the 12/15/2015 attack?
MS. HEARD: I did. I believe I sent her pictures too.
MS. BREDEHOFT: Okay. And did you text with Nurse Falati on 12/16/2015 about the injuries that you had suffered as a result of Mr. Depp's attack on you on 12/15?
MS. HEARD: Yes. She guided me through a concussion check.
MS. BREDEHOFT: And did you tell Connell Cowan about the injuries you sustained?
MS. VASQUEZ: Objection, Your Honor. Hearsay.
MS. BREDEHOFT: It's prior consistent statements, Your Honor.
THE COURT: All right. I'm going to sustain the objection at this point. Next question.
MS. BREDEHOFT: Do you recall Dr. Laurel Anderson testifying that she saw two black eyes on 12/17?
MS. VASQUEZ: Objection, Your Honor. Leading.
THE COURT: Sustain as to leading. ,5
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: What, if anything, do you recall from Laurel Anderson's testimony in this case about what she observed on 12/17/2015?
MS. VASQUEZ: Objection, Your Honor. This is outside the scope of cross-examination.
MS. BREDEHOFT: It's prior consistent ! 12 statement.
THE COURT: I'm going to sustain the objection. I 5
MS. BREDEHOFT: The observations from the 12/17.
THE COURT: Sustain the objection. Next question.
MS. BREDEHOFT: May I approach?
THE COURT: Okay.
MS. VASQUEZ: They've been--
THE COURT: Prior consistent statements can't be testimony that's in evidence. That's not how it works.
MS. BREDEHOFT: They brought in Dr. Kipper notes from 12/17 alleging that she didn't say anything about it, and 12/17 she's appearing in front of Laurel Anderson.
THE COURT: Again, prior consistent statements can be permitted. You're asking about testimony that's not her consistent statement.
MS. BREDEHOFT: Ms. Vasquez got to talk about it.
THE COURT: That's not prior consistent statements, though. I'm going to sustain the objection. You can move on.
MS. BREDEHOFT: When, in December, did you see Dr. Laurel Anderson?
MS. VASQUEZ: Objection. Lack of foundation.
THE COURT: Overruled.
MS. HEARD: I saw her two days after the attack.
MS. BREDEHOFT: So on what day did you see her, then?
MS. HEARD: That would have been the 17th of December of 2016 when I told her what happened.
MS. VASQUEZ: Objection, Your Honor. Hearsay.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: And when did you see Dr. Connell Cowan?
MS. HEARD: I saw him the next day, December 16th, is my best recollection.
MS. BREDEHOFT: Let's jump to East Asia for a moment. We saw a number of pictures from the backless dress.
MS. BREDEHOFT: What, if any, motivation would you have to claim that Mr. Depp was kneeling on your back, knowing you had a backless dress?
MS. VASQUEZ: Objection, Your Honor. Leading. Calls for speculation.
THE COURT: As to leading, I'll sustain the objection.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: Why did you say that Mr. Depp was kneeling on your back in East Asia?
MS. HEARD: In the closet of the hotel room in Tokyo, I said that because it happened to me. And it would have been much more convenient, if I was making it up, to not include that detail, knowing I had a backless dress and I walked the press line and got photographed.
MS. BREDEHOFT: Now, we've heard testimony about Mr. Depp making a total of 65 million in 2015 and 2016 from his experts.
MS. VASQUEZ: Objection, Your Honor.
MS. BREDEHOFT: Why would --
MS. VASQUEZ: Leading.
MS. BREDEHOFT: I haven't asked a question, Your Honor.
MS. VASQUEZ: Hearsay.
MS. BREDEHOFT: Why did you not ask for 32.5 million from Mr. Depp?
MS. VASQUEZ: Your Honor, leading.
MS. BREDEHOFT: I said, "Why did you not ask?"
MS. VASQUEZ: Relevance.
THE COURT: Sustain the objection to leading. Next question.
MS. BREDEHOFT: Can I just ask why did you not ask for 32.5 million from Mr. Depp?
MS. VASQUEZ: Asked and answered. Relevance.
THE COURT: Overruled. Go ahead.
MS. HEARD: Because I didn't want it. I realized that that's what I was entitled to, but I didn't want it. That simple.
MS. BREDEHOFT: The tape recording that was played that has you laughing quite a bit, can you tell the jury what the context of that particular tape recording was?
MS. HEARD: I don't really recall a whole lot about what was going on. I know we had been fighting kind of ad nauseam in this sort of loop, if you will, and I'm doing my best to not show my pain. That's what I was trying to do. I was trying to be tough and not show what kind of pain I was in.
MS. BREDEHOFT: Now, Ms. Vasquez asked you about how you got your role in Aquaman. Could you please describe to the jury how you got your role in Aquaman?
MS. HEARD: Yes. I auditioned, not Johnny. I auditioned. I worked really hard, and I went to - where we were filming the first movie, Justice League, I went, I think, five or - five and a half months earlier before filming commenced, when I heard that they wanted to fire me, and so I put myself in the job -
MS. VASQUEZ: Objection, Your Honor. Hearsay.
THE COURT: Sustained.
MS. HEARD: I worked really hard. I worked really hard on that. And had to prove myself, and I did that for - even though I was only filming for six days, I was there for six months, just worked my butt off. That's why.
MS. BREDEHOFT: What, if any, role did Mr. Depp play in your getting Aquaman?
MS. HEARD: He tried to have me fired from it.
MS. VASQUEZ: Objection, Your Honor. Speculation.
THE COURT: All right. I'll sustain as to speculation.
MS. BREDEHOFT: How do you know that he tried to have you fired?
MS. VASQUEZ: Objection, Your Honor. Calls for speculation and hearsay. And lack of foundation.
MS. BREDEHOFT: I'm trying to lay a foundation.
THE COURT: All right. Lay a foundation.
MS. HEARD: I saw it. I saw the emails. I saw the texts.
THE COURT: I'll sustain the objection as to hearsay.
THE COURT: Next question.
MS. BREDEHOFT: You were asked about Isaac Baruch and that he saw no marks. What is your recollection of your interaction with Isaac Baruch during the week of May 22nd?
MS. HEARD: I saw Isaac when I was coming or going, meaning I was leaving or arriving to the building.
MS. HEARD: I saw him at a distance. We did not have an in-depth conversation, nor would we. And I told him, actually, right after it happened, what his friend had done.
MS. VASQUEZ: Objection, Your Honor. Hearsay.
MS. BREDEHOFT: I don't think it's offered to prove the truth of the matter asserted.
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: Stay away from what was said. Can you just tell us what interaction you had with him and his opportunity to observe you with absolutely no makeup?
MS. VASQUEZ: Objection, Your Honor. Leading.
THE COURT: Sustain the objection. It's leading.
MS. BREDEHOFT: Please describe for the jury your interaction with Isaac Baruch during the week of May 22nd.
MS. HEARD: Well, not only did I have makeup on, but I did attempt to kind of let him know what happened.
MS. VASQUEZ: Objection, Your Honor. Hearsay.
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MS. BREDEHOFT: You were asked some questions about Officer Melissa Saenz's testimony. What, if anything do you recall relating to Officer Melissa Saenz's testimony relating to your injuries?
MS. VASQUEZ: Objection, Your Honor. Hearsay.
MS. BREDEHOFT: Your Honor said I could ·116 redirect after the cross-examination when she --
THE COURT: Do you want to approach?
THE COURT: You can redirect, but not ,20 hearsay. I mean --
MS. VASQUEZ: Hearsay and leading.
MS. BREDEHOFT: Your Honor, it's patently not fair for them to cross-examine and then Your Honor say, "That's for redirect," and I said -- you know, she's answering these questions, and she's answering what Melissa Saenz -- you know, she's testifying to what -- this is Ms. Vasquez's testifying to what these people testifying to and asking them questions. I object to that because I think that's not the proper way to do it. Your Honor says, "That's for redirect." Now I'm trying to redirect.
THE COURT: You still can't redirect with hearsay.
MS. VASQUEZ: Or leading.
THE COURT: Or leading. I'm not sure from that question exactly-- I mean, are you trying to get to what her testimony was when she testified? Because that's what she was talking about was the testimony. The in-court statement that she made for a deposition that was played as a witness, is that what you're trying to get to?
MS. BREDEHOFT: Yes.
THE COURT: That's not what you asked.
MS. BREDEHOFT: Okay. All right. But it's not hearsay if it's an in-court statement, so I can ask that because --
THE COURT: You're talking about her testimony, if she knows what her testimony was.
MS. VASQUEZ: But you still can't lead the witness.
THE COURT: But you still can't lead.
MS. BREDEHOFT: Okay. Thank you.
THE COURT: Thank you.
MS. BREDEHOFT: What, if anything, do you recall of Officer Saenz's testimony in this case relating to your injuries and the property destruction?
MS. HEARD: I recall her saying that she didn't feel that my- that state I was in was enough of an injury to her. It wasn't injury-seeming to her.
MS. BREDEHOFT: Okay. And what about the property damage?
MS. HEARD: She claims she did not see any property damage, but I walked with her over broken glass. So I'm- I don't know why she's saying that.
MS. BREDEHOFT: Okay. What, if any, interactions did you have with Alejandro Romero during the week of May 22?
MS. HEARD: I spoke to him briefly.
MS. VASQUEZ: Objection, Your Honor, to the extent it calls for hearsay.
THE COURT: Overruled at this point.
THE COURT: You spoke to him.
MS. HEARD: I spoke to him briefly in passing as I was entering, maybe when I was exiting the building. But always when I was on my way out or in from being outside, meaning, makeup. I had makeup on always, as I do.
MS. BREDEHOFT: Why did James Franco visit you the evening of 5/22/2016?
MS. VASQUEZ: Objection. Calls for 119 speculation.
MS. BREDEHOFT: Do you know?
MS. HEARD: Yes.
MS. BREDEHOFT: Please tell us.
MS. HEARD: Because he was my friend, and he lived next door, quite literally lived next door. And I had frankly exhausted my support network with my usual friends and was happy to welcome as much friendship at that time as I could possibly get.
MS. BREDEHOFT: Now, the video showed him laying his head on your shoulder. Can you describe for the jury what the interaction was -- without saying what was said, what the interaction was that led to that?
MS. HEARD: He, after seeing my face, put his head on my shoulder.
MS. VASQUEZ: Objection, Your Honor. Calls for speculation.
MS. BREDEHOFT: That doesn't call for speculation. If she sees that he sees her --
MS. HEARD: He touched the side of my face too.
THE COURT: I'm going to sustain the objection.
MS. VASQUEZ: Again, Your Honor, if you could instruct the witness ...
THE COURT: If you could, wait for the objection, please. All right.
THE COURT: Next question.
MS. BREDEHOFT: What did Mr. Franco do on the elevator before laying his head on your shoulder?
MS. HEARD: He touched the side of my face and responded to what he saw.
MS. BREDEHOFT: We talked about the -- you were shown a bunch of newspaper headlines, and there was one in particular referring to sexual violence. What, if O anything, did Mr. Waldman do to you relating to that article?
MS. VASQUEZ: Objection, Your Honor. Lack of foundation. Calls for speculation.
MS. BREDEHOFT: What did he do to her?
MS. VASQUEZ: Unintelligible. I don't understand the question.
THE COURT: Overruled. We'll see where it goes.
MS. HEARD: He was carrying the paper that had that headline on it that he leaked and threw it at me at the U.K trial. We were unfortunately sat kind of - actually literally next to one another with COVID spacing in between us, and he threw the paper down at me as he sat down with that on the cover.
MS. BREDEHOFT: And where was that?
MS. HEARD: In the U.K, at the U.K trial.
MS. VASQUEZ: Objection, Your Honor. This is beyond the scope.
MS. BREDEHOFT: That's not beyond the scope.
THE COURT: Overruled.
MS. BREDEHOFT: Thank you.
MS. BREDEHOFT: Why did you tweet about the makeup and Mr. Waldman?
MS. HEARD: Because he was calling me a liar and a hoaxer and that this was an elaborate hoax just to get Johnny.
MS. VASQUEZ: Objection, Your Honor. Hearsay.
THE COURT: I'll sustain the objection.
THE COURT: Next question. Next question.
MS. BREDEHOFT: Okay. I don't have any more questions, Your Honor. I think we're done.
THE COURT: All right. Ma'am, you can have a seat next to your attorney, okay? You can go have a seat next to her. That's fine.