Raquel Pennington — Direct
328 linesTHE COURT: All right. Who's your next witness?
MS. BREDEHOFT: We have another video deposition, Raquel Pennington. It's a long one, so we could listen to some of it.
THE COURT: All right. Why don't we go ahead and start it today. At least we'll get 30 minutes in, okay?
MS. BREDEHOFT: That's fine.
MR. ROTTENBORN: And, Your Honor, just for the jury's benefit, questioning starts with Ms. Vasquez on behalf of Mr. Depp, and then I question Ms. Pennington at some point, which will probably be tomorrow.
THE COURT: Okay. Thank you.
MR. ROTTENBORN: Thank you.
MS. BREDEHOFT: RAQUEL PENNINGTON, Being first duly sworn, was examined and testified as follows:
MS. VASQUEZ: Can I please have you state your name for the record.
RAQUEL PENNINGTON: Raquel Pennington.
MS. VASQUEZ: And what city and state do you reside?
RAQUEL PENNINGTON: Los Angeles, California.
MS. VASQUEZ: You've been deposed before, right?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And you were deposed in Ms. Beard's divorce proceeding from Mr. Depp; is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Have you been deposed in any other matter?
MS. VASQUEZ: What was the purpose of the declaration that you submitted during Mr. Depp and Ms. Heard's divorce?
RAQUEL PENNINGTON: The purpose of the thing that I wrote, which I don't know if it was technically called a declaration or whatever it was, it was to write down my account of events as fresh in my memory as possible.
MS. VASQUEZ: And Ms. Heard asked you to write down your witness account; is that correct?
RAQUEL PENNINGTON: I do not remember, actually. I think -- I don't know.
MS. VASQUEZ: Did Mr. Depp ask you to write down anything in support of any legal filings?
RAQUEL PENNINGTON: I don't remember.
MS. VASQUEZ: So it's your testimony, sitting here today, that you don't remember one way or the other whether it was Mr. Depp or Ms. Heard that asked you to write down your witness account during their divorce; is that correct?
RAQUEL PENNINGTON: I wrote down my account. That is the memory that I have. I wrote down everything as clearly as I could remember it as soon as I could.
MS. VASQUEZ: You provided a witness statement in the U.K. proceedings; is that correct?
RAQUEL PENNINGTON: I believe so.
MS. VASQUEZ: Do you recall how many witness statements you provided?
RAQUEL PENNINGTON: Just one.
MS. VASQUEZ: And you provided this witness statement to the Sun's attorneys?
RAQUEL PENNINGTON: I don't know who it got provided to.
MS. VASQUEZ: Did you testify in the U.K. trial?
RAQUEL PENNINGTON: Yeah.
MS. VASQUEZ: And for which party did you testify for I 1 s in the U.K. trial?
RAQUEL PENNINGTON: I believe it was the publication.
MS. VASQUEZ: And by "the publication," you mean the Sun?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: When was the last time you spoke to Ms. Heard?
RAQUEL PENNINGTON: Perhaps six months ago, maybe more.
MS. VASQUEZ: What did you and Ms. Heard speak about?
RAQUEL PENNINGTON: Probably it was before her baby was born, so we were mostly speaking about her baby at that point.
MS. VASQUEZ: Do you speak to -- when was the last time you spoke to Ms. Whitney Heard?
RAQUEL PENNINGTON: Around November, October/November of last year.
MS. VASQUEZ: And when you say "last year," do you mean 2021?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: When did you first meet Ms. Amber Heard?
RAQUEL PENNINGTON: I believe it was 2003.
MS. VASQUEZ: When you met Ms. Heard in 2003, you developed a friendship; is that right?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Would you say you were best friends?
RAQUEL PENNINGTON: We became very close friends.
MS. VASQUEZ: Your friendship with Ms. Heard is consistent with her relationship with Mr. Depp; is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And you were friends with Ms. Heard through her divorce from Mr. Depp as well; is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Other than when you lived at the Eastern Columbia Building, which we'll get to, did you ever live with Ms. Heard?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: When was this?
RAQUEL PENNINGTON: 2017? 2017 to 2018, yeah.
MS. VASQUEZ: Where did you both live?
RAQUEL PENNINGTON: We lived on Holly Drive.
MS. VASQUEZ: Was that a home?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And did you pay rent?
MS. VASQUEZ: Did Ms. Heard?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Sitting here today, do you still consider Ms. Heard a friend?
RAQUEL PENNINGTON: I wouldn't consider her not a friend.
MS. VASQUEZ: What does that mean?
RAQUEL PENNINGTON: We don't speak. We are not enemies.
MS. VASQUEZ: Why don't you speak?
RAQUEL PENNINGTON: We grew apart.
MS. VASQUEZ: Can I have my question read back.
MS. VASQUEZ: Sitting here today, you can't give me one reason why you grew apart from Ms. Heard?
RAQUEL PENNINGTON: I wanted to spend time with other people in my life and prioritize other relationships and other - other relationships.
MS. VASQUEZ: Over the course of your friendship with Amber Heard, did you ever see her use illicit drugs?
RAQUEL PENNINGTON: Can you define "illicit drugs"?
MS. VASQUEZ: Not prescribed.
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you ever see her use cocaine?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: How many times?
RAQUEL PENNINGTON: I don't know. I! :ties,?
RAQUEL PENNINGTON: AQ Less than ten? Yes.
MS. VASQUEZ: Less than five?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: If you remember, when was the first time you ever saw Amber Heard use cocaine?
RAQUEL PENNINGTON: I don't remember.
MS. VASQUEZ: Did you ever do cocaine with Ms. Heard, Amber Heard?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: How often?
RAQUEL PENNINGTON: Not often.
MS. VASQUEZ: Was there a point in your relationship 1118 with Ms. Amber Heard was using more cocaine?
MS. VASQUEZ: Did you ever see Ms. Amber Heard use cocaine while she was in a relationship with Mr. Depp?
RAQUEL PENNINGTON: I don't think so, no.
MS. VASQUEZ: Do you know what Provigil is?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Are you aware that Ms. Amber Heard has taken a drug called Provigil?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you know when she started taking it?
MS. VASQUEZ: Do you know whether Amber Heard continued to take Pro vigil during her relationship with Mr. Depp?
MS. VASQUEZ: Did she ever tell you that she had stopped taking Provigil?
RAQUEL PENNINGTON: She never told me that one.
MS. VASQUEZ: Are you familiar with any of the side effects of Pro vigil?
MS. VASQUEZ: Did Ms. Heard ever tell you that she was experiencing any side effects as a result of Provigil?
RAQUEL PENNINGTON: She never said anything about that
MS. VASQUEZ: You testified you saw Ms. Heard use mushrooms less than five times, yes?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Each of those five times, or less than, was she in a relationship with Mr. Depp?
RAQUEL PENNINGTON: Did you say each of the five times?
MS. VASQUEZ: Right.
RAQUEL PENNINGTON: Not each of the five times.
MS. VASQUEZ: How many times that you observed Amber Heard use mushrooms was she in a relationship with Mr. Depp?
RAQUEL PENNINGTON: Maybe three.
MS. VASQUEZ: Do you recall the specific occasions when you saw Amber Heard use mushrooms while she was in a relationship with Mr. Depp?
RAQUEL PENNINGTON: The first Coachella that we went to, a second Coachella that we went to, and maybe at Hicksville. I can't be sure about that
MS. VASQUEZ: Was Mr. Depp at Hicksville?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Around June of 2014, you moved into one of the penthouses in the Eastern Columbia Building; is that correct? I ln Building
RAQUEL PENNINGTON: I don't remember which month, but I did I!
RAQUEL PENNINGTON: Move into the penthouses.
MS. VASQUEZ: Approximately 2014?
RAQUEL PENNINGTON: Approximately.
MS. VASQUEZ: And Ms. Heard, at the time, was in a relationship with Mr. Depp, correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And it was Mr. Depp who invited you to IO live in one of the penthouses, right?
RAQUEL PENNINGTON: Well, they both did.
MS. VASQUEZ: When you say "They both did," they both sat you down and invited you to live in the penthouses?
RAQUEL PENNINGTON: I don't remember how the invitation happened, but it came from both of them.
MS. VASQUEZ: This was a penthouse Mr. Depp owned, right?
RAQUEL PENNINGTON: Correct
MS. VASQUEZ: And specifically, the one you lived in, it was referred to as penthouse 1, right?
RAQUEL PENNINGTON: Correct I
MS. VASQUEZ: And when you moved in, Mr. Depp gave you a master key to all the penthouses he owned, ,3 right?
RAQUEL PENNINGTON: It could have been one of his assistants.
MS. VASQUEZ: When you say "one of his assistants," 1 you mean one of Mr. Depp's assistants?
RAQUEL PENNINGTON: Correct
MS. VASQUEZ: So either Mr. Depp or one of his ! IO assistants give you a master key to all of the I penthouses that he owned, correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Mr. Depp never charged Mr. Drew for p4 rent while he lived in penthouse 1, right? Its
RAQUEL PENNINGTON: He did not charge him for rent, no.
MS. VASQUEZ: Did either of you get physical?
MS. VASQUEZ: And how was this argument resolved?
RAQUEL PENNINGTON: We talked it out.
MS. VASQUEZ: You recalled another argument with Ms. Heard at Holly house; is that correct?
RAQUEL PENNINGTON: Uh-huh.
MS. VASQUEZ: What was this argument about?
RAQUEL PENNINGTON: I think that we were setting up for Thanksgiving, and we were looking for, maybe, some glasses or some dishware. We had just moved in, and we couldn't find them anywhere. And then she finally found them in a place that I thought I had looked, and we started arguing about that. She thought that I wasn't looking hard enough, I think, and I told her that I thought that I looked there. I think that's what the argument was about.
MS. VASQUEZ: Was this just a verbal altercation? Or did you get physical with each other?
RAQUEL PENNINGTON: Yeah. I believe that we -- I believe that I pushed her.
MS. VASQUEZ: How did Ms. Amber Heard react to that?
RAQUEL PENNINGTON: She -- she either pushed or hit me back. Yeah.
MS. VASQUEZ: Do you know where she hit you?
RAQUEL PENNINGTON: I think it was on my cheek.
MS. VASQUEZ: Do you recall any other physical altercations that you had with Ms. Amber Heard?
MS. VASQUEZ: Do you recall any specific instances when you saw Amber Heard get into a fight with someone else?
MS. VASQUEZ: In the time you've known Amber Heard, have you ever seen her wear hair extensions?
RAQUEL PENNINGTON: Yeah. Yes.
MS. VASQUEZ: Did she have hair extensions in while IO she was in a relationship with Mr. Depp?
RAQUEL PENNINGTON: I don't know when exactly she had them throughout the time of knowing her.
MS. VASQUEZ: I'm going to mark as Pennington Exhibit 1 Ms. Pennington's witness statement in the U.K. proceeding, which is dated June 16th, 2020.
MS. VASQUEZ: Ms. Pennington, first and foremost, do you recognize this document?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Ms. Pennington, this is a sworn witness statement that you provided when you testified, right?
RAQUEL PENNINGTON: Understand I wanted to get to the bottom and make sure that this is the one that I signed and saw the date, and it was the full document. I just finished it. Yes, this is the document.
MS. VASQUEZ: Did you write this witness statement yourself?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: I'm sorry. I didn't catch that.
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Thank you.
MS. VASQUEZ: Did anyone help you write this?
MS. VASQUEZ: Did Amber Heard help you write this?
MS. VASQUEZ: Did Amber Heard's counsel help you write this?
MS. VASQUEZ: Other than your attorney, did you speak with anyone about the preparation of this witness statement?
RAQUEL PENNINGTON: No. Could you please turn to the tenth page I
MS. VASQUEZ: Of the document, where your signature is, or a signature is. Is that your signature on the tenth page of this document, Ms. Pennington?
RAQUEL PENNINGTON: That is my e-signature, yes.
MS. VASQUEZ: Are all the statements in this document true to the best of your knowledge and recollection? ,10
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: You previously testified that you went on a trip to Hicksville with Ms. Heard, Mr. Depp, and some other friends; is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you recall when this trip occurred?
RAQUEL PENNINGTON: Not off the top of my head.
MS. VASQUEZ: Do you recall who else went on that trip?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Who else was on that trip?
RAQUEL PENNINGTON: Whitney Heard; Nathan, who was one of Johnny's assistants; Britney Eustace; Kelly Milano.
MS. VASQUEZ: Anyone else that you can recall?
RAQUEL PENNINGTON: I'm trying to remember. No, I don't remember anybody else.
MS. VASQUEZ: Where were you all staying?
RAQUEL PENNINGTON: At Hicksville trailer park.
MS. VASQUEZ: Did you personally witness Mr. Depp become "angry and aggressive" to a friend of yours?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Relative to where Mr. Depp was, where were you when this occurred?
RAQUEL PENNINGTON: We were around the campfire.
MS. VASQUEZ: My question is a bit more specific. Relative to where Mr. Depp was when this occurred, where were you sitting or standing?
RAQUEL PENNINGTON: I was at the same campfire -
MS. VASQUEZ: How close were you to Mr. Depp?
RAQUEL PENNINGTON: In a circle.
RAQUEL PENNINGTON: Six to ten feet.
MS. VASQUEZ: What time of day did this occur?
RAQUEL PENNINGTON: Evening.
MS. VASQUEZ: Had you consumed any drugs or alcohol at this time?
RAQUEL PENNINGTON: I think so.
MS. VASQUEZ: What do you recall consuming at that time?
RAQUEL PENNINGTON: I don't remember. Likely wine. I don't remember specifically.
MS. VASQUEZ: Did you smoke any weed?
MS. VASQUEZ: Did you consume any cocaine?
MS. VASQUEZ: Had you consumed any mushrooms?
RAQUEL PENNINGTON: I believe so.
MS. VASQUEZ: Had you consumed any MDMA?
MS. VASQUEZ: Who was the friend that you referenced Mr. Depp became "angry and aggressive" towards?
RAQUEL PENNINGTON: Kelly, Kelly Sue.
MS. VASQUEZ: How did you know her?
RAQUEL PENNINGTON: She was married to a work friend of mine.
MS. VASQUEZ: Do you have any independent recollection as to how long you had known Kelly Sue Milano by the time Hicksville occurred?
RAQUEL PENNINGTON: More than one year, less than two.
MS. VASQUEZ: What did you witness Kelly Sue Milano doing that evening before Mr. Depp became "angry and aggressive"?
RAQUEL PENNINGTON: I witnessed her hanging out with the rest of the group.
MS. VASQUEZ: Did you see her consume any alcohol?
RAQUEL PENNINGTON: Not that I remember.
MS. VASQUEZ: Did you see her smoke any weed? ,12
MS. VASQUEZ: Consume cocaine?
MS. VASQUEZ: Did you see her consume any mushrooms?
RAQUEL PENNINGTON: Maybe one. Sorry. I'm genuinely trying to remember. I saw her eat some amount. I don't know how much.
MS. VASQUEZ: Did you see her consume any MDMA?
MS. VASQUEZ: You testified that Mr. Depp said words to the effect of "Get off my woman," to your I I - friend; is that right?
RAQUEL PENNINGTON: I testified that.
RAQUEL PENNINGTON: That?Q Did you personally hear Mr. Depp say Yes.
MS. VASQUEZ: Is this the "angry and aggressive" conduct by Mr. Depp that you testified to? IS
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Other than telling Kelly Sue Milano to "get off his woman," what did you personally observe Mr. Depp do that was "angry and aggressive"?
RAQUEL PENNINGTON: That was -- that was what happened. Then I think Amber -- I think Kelly and Amber were hugging on a chair out by the fire. He came out of nowhere, said that, and then I think that Amber it and Johnny went back to the -- to their trailer.
MS. VASQUEZ: Other than hearing Mr. Depp say ! 19 something to the effect of "Get off my woman,"
MS. VASQUEZ: 120 what did you personally observe Mr. Depp do that was "angry and aggressive"?
RAQUEL PENNINGTON: That's it.
MS. VASQUEZ: Did you hear Amber say anything to Mr. Depp?
RAQUEL PENNINGTON: I don't remember her saying anything.
MS. VASQUEZ: Did you hear Amber raise her voice in speaking to Mr. Depp?
MS. VASQUEZ: What, if anything, do you remember about Amber's reaction to Mr. Depp's behavior?
RAQUEL PENNINGTON: She was trying to comfort him
MS. VASQUEZ: This evening in Hicksville, did you ever see Amber Heard consume any drugs or alcohol?
RAQUEL PENNINGTON: I didn't see it.
MS. VASQUEZ: You didn't see Ms. Heard drink any wine?
RAQUEL PENNINGTON: Yeah. I don't - I don't remember a specific time watching her take a sip of a drink.
MS. VASQUEZ: Was she holding a drink?
RAQUEL PENNINGTON: I don't remember.
MS. VASQUEZ: At the evening in Hicksville, did you see Mr. Depp consume any drugs or alcohol?
RAQUEL PENNINGTON: I didn't see any specific image in my mind of him consuming.
MS. VASQUEZ: Did you personally witness Mr. Depp "in a rage" that Ms. Heard describes?
RAQUEL PENNINGTON: Did I personally witness the rage in the trailer?
MS. VASQUEZ: Yes.
MS. VASQUEZ: Did you hear Mr. Depp yelling in the trailer?
MS. VASQUEZ: Did you hear Ms. Heard yelling in the trailer?
MS. VASQUEZ: Did you personally see that the trailer was "trashed," as Ms. Heard describes?
RAQUEL PENNINGTON: The next morning?
MS. VASQUEZ: Yes.
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What, specifically, did you see in the trailer?
RAQUEL PENNINGTON: The thing I remember specifically was the light fixtures had been knocked off.
MS. VASQUEZ: But you didn't see Mr. Depp knock off I the light fixtures in the trailer; is that correct?
RAQUEL PENNINGTON: I did not see it. 1: ,6
MS. VASQUEZ: So the only thing you know about what happened in that trailer is what Ms. Heard told you and your observations of the light fixtures being knocked off; is that correct?
RAQUEL PENNINGTON: The only thing I know about what happened in the trailer is what she told me and what I saw the next morning.
MS. VASQUEZ: And the only thing you saw the next morning was that the light fixture had been knocked off; is that correct?
RAQUEL PENNINGTON: That was not the only thing I saw. It is the specific thing I saw.
MS. VASQUEZ: What else do you recall about the trailer?
RAQUEL PENNINGTON: It was in a general disarray.
MS. VASQUEZ: What does that mean?
RAQUEL PENNINGTON: It was trashed. It was tom apart.
MS. VASQUEZ: What besides the light fixtures were torn apart?
RAQUEL PENNINGTON: I've already told you specifically I remember the light fixtures. The rest is a ,3 general disarray.
MS. VASQUEZ: What is a general disarray to you, ,5 Ms. Pennington?
RAQUEL PENNINGTON: Stuff off the counters, cushions thrown around, things strewn about the floor.
MS. VASQUEZ: Did you see Ms. Heard shortly after she returned from Australia?
RAQUEL PENNINGTON: Yes.
THE COURT: All right. What if we just stop there, so that would be a great breaking point. Ladies and gentlemen, let's go ahead and break for the evening. Again, do not discuss this case with anybody, and don't do any outside research. We will see you in the morning at 9:00, all right? Get some sleep, okay? Thank you.
THE COURT: All right. I just have a few items. Just for the record, I want to make sure Exhibit Plaintiff's from yesterday actually should be corrected in the record to Plaintiff's is that correct?
MS. VASQUEZ: That's correct, Your Honor. Thank you.
THE COURT: Okay. Good. All right. And so the witnesses tomorrow, are they live, remote, or do we need --
MS. BREDEHOFT: We have one live witness tomorrow. The rest are all video depositions.
THE COURT: So we didn't need a Webex link?
MS. BREDEHOFT: No.
THE COURT: Okay. All right. Other than that, jury instructions and verdict forms, I've received your instructions from both parties. Thank you for that. However, I have not received agreed-upon jury instructions as requested, so I'm not sure if that has happened or not happened as far as getting an agreed...
THE COURT: Your Honor, we have I been trying to meet with them for a week
MS. VASQUEZ: Your Honor, they're identified in an email to Sammy.
THE COURT: Okay. So the ones that you agreed upon?
MS. VASQUEZ: Yes.
THE COURT: Okay. That's fine. So if you could, do the same, just give me which ones you agreed upon.
MR. ROTTENBORN: Sure.
THE COURT: I'd appreciate that. If we could get, also, by Thursday your objections to the ones that you don't agree upon in writing to me by Thursday morning, okay?
THE COURT: Could we get that just so I know what you're objecting to? Because I only have two hours on Friday morning from 8:00 a.m to 10:00 a.m. to deal with this issue. So I want to make sure we're all prepared to get that done at that time frame, okay?
MR. ROTTENBORN: Your Honor, I just want to make clear we haven't seen the updates sent until they were sent today.
THE COURT: That's fine.
MR. ROTTENBORN: We have been trying to meet and confer about this for a week and -- 17
THE COURT: I'm not interested in anybody's fingerpointing, but I understand. But we'll go forward from here. If I can get them Thursday morning, that'd be fantastic. Okay?
THE COURT: All right. Have a good evening. We'll see you in the morning.
THE COURT: Excerpt transcript is a true and correct record of the proceedings; that said proceedings were taken by me steno graphically and thereafter reduced to typewriting under my direction; and that I am neither counsel for, related to, nor employed by any of the parties to this case and have no interest, financial or otherwise, in its outcome.
THE COURT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 18th day of May, 2022. My Commission Expires: September 30, 2024 NOTARY PUBLIC IN AND FOR THE COMMONWEALTH OF VIRGINIA