Josh Drew — Direct/Cross/Redirect
739 linesTHE COURT: All right. Yes, sir. Your next witness.
MR. ROTTENBORN: Yes, Your Honor. That concludes the testimony of Raquel Pennington. Ms. Heard calls Joshua Drew as her next witness.
THE COURT: Okay.
MR. ROTTENBORN: And if we may approach, just to discuss a couple of exhibits.
THE COURT: That's by deposition; is that correct?
MR. ROTTENBORN: It is by deposition, yes, Your Honor.
THE COURT: Allright. Okay.
THE COURT: That , All right. Just going over these jury instructions, can somebody decide who's going to be alphabet and who's going to be numbered? Because you are both numbered. It's very confusing.
MR. ROTTENBORN: You mean one of us should be A and one of us should be 1?
THE COURT: Yeah, can we do that?
MR. ROTTENBORN: We'll be the alphabet.
THE COURT: It makes it a lot easier when we go through them When we're talking about 25, whose 25? I've been down that road before.
MR. ROTTENBORN: We'll letter ours.
THE COURT: Okay.
MR. ROTTENBORN: This is another one Ms. Meyers and I agreed that it's just pictures that are coming in, and that the pictures, anything that there's testimony about, can come in.
THE COURT: Okay.
MR. ROTTENBORN: The only -- and most of them have already been admitted. There's a few that haven't, but we'll get those to you and get those to the Court, the ones that haven't.
THE COURT: Do you have numbers for me for the ones that haven't been, just so we have it, j for the record?
MR. ROTTENBORN: I do.
THE COURT: Okay.
MR. ROTTENBORN: I believe that this is 1493H.
THE COURT: 1493H. 1493H.
MR. ROTTENBORN: 1493F.
THE COURT: 93F.
THE COURT: 1657, okay.
MR. ROTTENBORN: And I believe -- I believe that's -- oh. 1493R.
THE COURT: All right.
MR. ROTTENBORN: 1384, 1384.
THE COURT: 1384, okay.
MR. ROTTENBORN: 1373A.
THE COURT: All right.
THE COURT: All right.
MR. ROTTENBORN: And 1373.
MR. ROTTENBORN: And I believe that those are not admitted, but they're just pictures in by I agreement.
THE COURT: Okay.
MR. ROTTENBORN: And then there's a couple more.
THE COURT: So there's no objections to those? t 7
MS. VASQUEZ: They're just pictures?
MR. ROTTENBORN: Yes, these are the only pictures we're using.
THE COURT: All right. No objection.
MR. ROTTENBORN: All right.
MR. ROTTENBORN: All from Josh Drew.
THE COURT: Okay.
MR. ROTTENBORN: And then, there were two that were shown to Mr. Drew without any metadata.
THE COURT: Okay.
MR. ROTTENBORN: We prepare to show the 21 versions that were admitted yesterday, with the metadata redacted. So, it's the exact same, image --
THE COURT: Just the same picture that are already in evidence?
MR. ROTTENBORN: Correct. 701 and 702.
THE COURT: Okay. They're already in evidence.
MR. ROTTENBORN: Correct.
THE COURT: Is that 701B, then?
MR. ROTTENBORN: No we're going to pull up the one that was admitted yesterday. We're just proposing rather than -- just to show the version that's already been admitted.
THE COURT: What's the difference between 701 and 701B? You did 701B earlier today.
MR. ROTTENBORN: Because the top date time was on there.
THE COURT: Okay.
MR. ROTTENBORN: I think we'll just pull up the one used yesterday.
THE COURT: Okay 701. Okay it's in evidence.
MR. ROTTENBORN: And then the last thing is there's five exhibits. This is Defendant's Exhibit 400, and there are five photos that were texted to Kevin Murphy. And so, what we would propose is to redact the entire text and just show the photos.
THE COURT: Just show the photos.
MR. ROTTENBORN: I think so.
MS. VASQUEZ: Can I see that?
MS. BREDEHOFT: Actually, I think they were sent by Whitney.
MR. ROTTENBORN: Oh, by Whitney. They were shown to Mr. Drew in his deposition.
THE COURT: So just the photos?
MR. ROTTENBORN: Yes. We just have a version of this that's redacted.
MS. VASQUEZ: Why can't you use the photos and why are you --
MR. ROTTENBORN: Because this was what was shown to Mr. Drew in.his deposition. Ms. Meyers and I just agreed that if he's being questioned about photos that the photos --
THE COURT: Do you already have the photo in evidence somewhere else?
MS. VASQUEZ: No.
MR. ROTTENBORN: No. But that's what we're saying.
MS. VASQUEZ: I don't think that's appropriate, Your Honor. These are screenshots of text messages between two different people, not Mr. Drew.
THE COURT: So the only thing that we'll be able to see, though, is just the photo? Everything else is redacted to protect the --
MR. ROTTENBORN: Sure.
MS. VASQUEZ: All of this? The messages --
THE COURT: Okay. As long as everything else is redacted, just the photo, yeah.
MR. ROTTENBORN: Yeah, we'll redact So we're clear, we'll redact all of this.
MR. ROTTENBORN: I'm happy to redact that. ,5
MS. VASQUEZ: Yeah.
THE COURT: Then down at the bottom Okay. And that's 400 -- Is
MR. ROTTENBORN: Yeah.
MS. BREDEHOFT: Should we call that 400A because we're going to --
MR. ROTTENBORN: Let's say 400.A.
MS. BREDEHOFT: Whitney is going to be on this afternoon and we're going to put that exhibit in through her.
THE COURT: Okay. 400.A.
MR. ROTTENBORN: Yes.
THE COURT: And is that all?
MR. ROTTENBORN: Yes.
THE COURT: So all of those are I together?
MR. ROTTENBORN: Yes, all of that comes in together as 400.A.
THE COURT: So no objection to the redactions in 400A?
MS. VASQUEZ: No.
THE COURT: Okay.
THE COURT: All the dates. Everything except the pictures.
MR. ROTTENBORN: Yes.
THE COURT: Okay.
MR. ROTTENBORN: Thank you very much.
MS. VASQUEZ: Thank you.
MS. BREDEHOFT: The running time on this one is 58 minutes and some seconds.
THE COURT: That's perfect. We'll break for lunch after this is over. You're doing good. Okay. Thank you.
THE COURT: All right. Are we ready? Not quite? Okay.
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Okay.
MR. ROTTENBORN: This is -- Ms. Heard calls Joshua Drew.
THE COURT: Thank you
MR. ROTTENBORN: Thank you JOSHUA DREW, being first duly sworn, was examined and testified as follows:
JOSH DREW: Los Angeles.
JOSH DREW: I run my own hospitality development consulting firm.
JOSH DREW: No.
JOSH DREW: I have my associates of science in culinary arts.
JOSH DREW: Johnson and Wales University.
JOSH DREW: Johnson and Wales University.
JOSH DREW: I did.
JOSH DREW: That would have been 2003.
JOSH DREW: My ex-wife.
MR. CHEW: Because I want to be respectful, how should I refer to her, Ms. Pennington, Rocky, or Raquel?
JOSH DREW: Rocky or Raquel is perfectly fine.
MR. CHEW: You were married to Rocky, so there came a time when you began to date Rocky, correct?
JOSH DREW: Correct.
JOSH DREW: Would have been June of 2014.
JOSH DREW: Correct.
JOSH DREW: That would have been in summer of 2015, I believe.
JOSH DREW: Officially, September 24th of last year. We operated, officially, October of the previous year.
JOSH DREW: Probably about three or four weeks after Raquel and I started dating, very early on.
JOSH DREW: Shortly after I met Amber. I want to say, if memory serves, about five or six weeks after Raquel and I started dating.
MR. CHEW: Again, I understand it was a long time ago. But do you recall under what circumstances you met him? Its
JOSH DREW: Funny enough, I actually do, very clearly. I had come over under the auspice of what was called "family movie night," and it was Amber and Johnny and Jack. I honestly don't remember whether Lily-Rose was there. She might have come later, at a certain point, and it was just us in their apartment eating burgers and watching movies.
MR. CHEW: Since that time, on how many occasions have you seen and interacted with Johnny Depp, from that very first time on movie night?
JOSH DREW: I couldn't even speculate the number of - it's - not that it was infrequent as much as it was sporadic. And, honestly, for a large portion of it, fairly casual. Not the kind of thing where you would just count the number of times. It was regular interactions over various periods of time.
MR. CHEW: Your counsel's not going to let you speculate. But I'm going to ask you to give a range.
JOSH DREW: Yes.
JOSH DREW: Yes.
MR. CHEW: From the time you first met Mr. Depp on movie night until this very moment, sitting here today, have you ever seen Mr. Depp strike Amber Heard?
JOSH DREW: No.
JOSH DREW: No.
JOSH DREW: No.
MR. CHEW: Have you ever lived at a building located at 849 S. Broadway in Los Angeles, known as the Eastern Columbia Building?
JOSH DREW: Correct.
JOSH DREW: Correct.
JOSH DREW: Raquel Pennington.
JOSH DREW: Again, my memory is a little bit foggy of the exact dates. You'll have to bear with me a moment here.
JOSH DREW: So while I was a frequent guest, I didn't actually live there until, I want to say, y, about October or November of 2015.
MR. CHEW: Was Rocky already living in penthouse 1 when you started visiting and ultimately moved in there?
JOSH DREW: Yes.
JOSH DREW: I can't tell you with specificity, but I believe it was around that frame.
JOSH DREW: Johnny Depp.
MR. CHEW: While you and Rocky lived together in penthouse 1, did you or she have a key that allowed you access to all of the penthouses on that floor?
JOSH DREW: Everything except PH2, yes.
JOSH DREW: Sporadically, yes.
MR. CHEW: The key to which you and Rocky had access allowed either of you to enter PH3, correct?
JOSH DREW: Correct.
JOSH DREW: Nobody. Nobody lived in PH5 for the entirety of our time there.
JOSH DREW: Offered and refused.
JOSH DREW: Exceedingly.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Yes.
MR. CHEW: When you and Rocky were living here, in penthouse 1, did you ever notice that there were security personnel standing outside the door of I penthouse 3 when Mr. Depp was in penthouse 3?
JOSH DREW: Not normally, no.
JOSH DREW: On very rare occasion. Normally, they were in the storage room/office to the side of PH5.
MR. CHEW: Moving aside from Mr. Bett and Mr. Judge. While you stayed at the Eastern Columbia Building, did you come to know any of the employees of the building?
JOSH DREW: Casually.
JOSH DREW: She was one of the front desk people.
JOSH DREW: In the course of living there, yes.
JOSH DREW: No.
JOSH DREW: She was not particularly polite or accommodating to me or Raquel or any of Amber's friends. I wasn't there, specifically, but I heard similar things from Amber and her interactions with her as well, throughout the course of our time there.
MR. CHEW: While you lived in penthouse 1, did you have the opportunity to interact often with Amber Heard?
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Yes. As were we all.
JOSH DREW: Yes.
JOSH DREW: I couldn't tell you the number of occasions.
JOSH DREW: No.
MR. CHEW: Have -- did you and Rocky ever discuss the relationship between Amber Heard and Johnny Depp?
JOSH DREW: Yes.
JOSH DREW: Honestly, probably hundreds, if not thousands.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: It was her 30th. I catered it.
JOSH DREW: I recall it was held in PH5, Johnny was hours late, and Amber spent the better part of the evening making excuses for him. And he came very, obviously, intoxicated and put on a show for everybody. And when the party was over, everybody left, cleaned up, and the next morning, we heard about what had transpired after the fact.
JOSH DREW: Correct.
JOSH DREW: I don't recall.
JOSH DREW: Correct.
JOSH DREW: Again, you'll have to forgive me. It was quite some time ago. I remember Amber's friend Brandon being there, Amber's friend Hadid Aribi. I want to say that Whitney was there as well. To be very honest, I can't say, with specificity, who else was there.
MR. CHEW: When you say "Whitney," are you I 3 referring to Whitney Heard? 1: !:s Whitney Heard, Amber's younger sister?
JOSH DREW: Correct.
MR. CHEW: Putting aside the state or condition in which Johnny arrived, do you recall, sitting here today, approximately when Johnny arrived for dinner?
JOSH DREW: I really couldn't tell you with any specificity, but I can say it was quite a few hours after the party had started.
JOSH DREW: No.
MR. CHEW: Putting aside Mr. Depp's intake of 119 alcohol that evening, had Ms. Heard been drinking before Mr. Depp arrived?
JOSH DREW: Yes.
JOSH DREW: Couldn't tell you.
JOSH DREW: Yes.
JOSH DREW: I believe so, yes.
JOSH DREW: I don't recall.
MR. CHEW: That morning, April 22nd, did you and Ms. Pennington and Amber Heard drive together to Coachella?
JOSH DREW: They did. I did not
JOSH DREW: Sporadically, yes.
JOSH DREW: We didn't speak for about two years p y following my divorce, and she reached out to me to make amends about, I want to say about two months ago, if memory serves.
MR. CHEW: When you said you don't recall seeing marks on the morning of April 22nd, is that because you didn't see any marks on Ms. Heard or you didn't see her at all that morning?
JOSH DREW: I honestly don't recall seeing her the next morning. If memory serves, it was that the girls were hustling to get everything together to go to Coachella, so it was a pretty frantic morning. I can't say, with any specificity, whether I interacted with her that morning before they departed.
MR. CHEW: And, Mr. Drew, you said that Ms. Heard reached out to you. When did she reach out to you?
JOSH DREW: Sometime in the last two months.
JOSH DREW: To paraphrase, it was something akin to letting me know that, you know, her and Raquel -2 hadn't spoken in some time and to tell me that she loved me and that she missed me and she just wanted to make amends and, you know, reconnect.
MR. CHEW: AQ Not in the initial interaction. How did you respond to her in this initial interaction, when she said she wanted to O make amends?
JOSH DREW: I didn't for some time. I think I waited about a week and a half before I responded. And before I could, I did get a note from her letting me know that she had tried to keep me out of it but, more than likely, people were going to be contacting me, either I'm being deposed or a statement of some kind. There was nothing explicit about who it would be coming from, from Johnny's side or her side, only that someone would more than likely be reaching out to me.
MR. CHEW: And when you had a glass wine, again, only lawyers remember these things, but do you y g , y I recall, approximately, when you had a glass of wine with her?
JOSH DREW: Probably about five or six weeks ago - I'm sorry. It would be longer than that. Probably about two months ago.
MR. CHEW: Mr. Drew, let's, please, move subjects and move to the evening of May 21, 2016, which you had referenced previously. Was Mr. Depp at the condo at Eastern Columbia Building that day prior to the evening?
JOSH DREW: Not to my knowledge.
JOSH DREW: No.
JOSH DREW: Yes.
JOSH DREW: I saw them when he ordered them to open the door to PHS, following the incident.
JOSH DREW: Johnny.
JOSH DREW: No.
JOSH DREW: I can't certify the time, but the text message, itself, and the receipt, yes.
JOSH DREW: Yes.
JOSH DREW: When she received the text, she was not in penthouse 3. She was in penthouse 5 with me. But, again, I can't recall, with specificity, the exact time of these events.
JOSH DREW: No.
JOSH DREW: No.
JOSH DREW: No.
JOSH DREW: No.
JOSH DREW: If we're starting - if we're presuming that that text was received from Raquel at 8:06, they had left the building within 30 minutes, to my recollection.
JOSH DREW: Thereabouts. But I don't recall specifically.
JOSH DREW: I mean, I can tell you contemporaneously from the start. If there's something specific that you'd like me to expand on.
JOSH DREW: My understanding, it's the name of the Latina officer that first responded with her When did she arrive at the scene, if partner, you recall?
JOSH DREW: Vaguely, I remember them arriving about 45 minutes to an hour after Johnny left. But, again, exact times, I'm a little foggy.
JOSH DREW: Yes, there was a bald gentleman, white.
JOSH DREW: Both.
JOSH DREW: When they arrived, I greeted them at the door. I walked them through PH3 to show them the damage, show them the broken glass. They had already walked to the hallway, over the gigantic wine stain throughout the entire hallway. I took them through PH3, showed them the damage. Took them back out in the hallway. Showed them the damage to the door shaped like the bottom of a wine bottle, PH1. I took them to PH5 to see broken picture frames, the smashed glass, Raquel's jewelry, things like that, strewn across the apartment. Then I brought them back to PH3, at which point they separated. The Latina officer pulled Amber aside, specifically to speak to her one-on-one. The door was closed, I was outside with the other officer, so I can't say, with any specificity, what happened inside.
JOSH DREW: I don't know whether anybody was in earshot. I don't know whether anybody else was around. She told me, specifically, it was a one-on-one, and I was outside the door with the male officer. And specifically, my communication with him was asking what, if anything, could be done because we were obviously upset. And his comment to me, specifically, was there's damage in these apartments, her face is red. If she wants to file a report, we have enough here to go pick him up.
JOSH DREW: That's correct. And I've affirmed that to everybody I've spoken to. I've been explicit about that.
JOSH DREW: Correct.
MR. CHEW: Do you recall having a conversation with Rocky and Amber after Mr. Depp and his security personnel left the building but before Officer Saenz and Officer Hadden arrived?
JOSH DREW: Yes.
JOSH DREW: You'll have to forgive me again. My memory of the exact circumstance -- or sequence of events transpired. A little foggy. If memory serves, Amber was damn near catatonic. After all of this, we got her in PHI so we could deadbolt the door and keep her safe until he left.
JOSH DREW: Few minutes thereafter, I had gotten a little bit of rundown from Raquel over what transpired. Raquel got her to call her lawyer, Samantha Spector, to find out what to do. And if memory serves, Samantha's recommendation was that we immediately put together a contemporaneous matter-of-fact statement together of what transpired that night. And that ultimately was up to Amber as to what she wanted to do with the police or whatever it may be.
MR. CHEW: Are you aware that Amber Heard spoke to Officer Saenz and Officer Hadden that evening?
JOSH DREW: Yes.
JOSH DREW: No.
JOSH DREW: No.
JOSH DREW: No.
JOSH DREW: Not that I'm aware of.
MR. CHEW: Mr. Drew, let's turn, for a moment, to May 22nd, 2016. Did you see Ms. Heard at all that day?
JOSH DREW: Yes.
JOSH DREW: At various points throughout the day. If memory serves, Raquel had committed to a jewelry show somewhere. I want to say it was downtown, but I might be mistaken. It might have been out in Venice, somewhere in Los Angeles. So she was out most of the day, so I cleared my schedule to be able to be there should Amber need anything. If memory serves, either her attorney or somebody in her group had a friend come over with a locksmith to change the locks, just to be safe.
JOSH DREW: And I was there to make sure that that happened and just, like I said, be there for Amber should she need anything, just so she wasn't alone.
MR. CHEW: When you saw Amber on May 22nd, you don't know whether it was the morning or the afternoon; is that right?
JOSH DREW: It was sporadic throughout the day. I think at some point late morning and throughout p g g the afternoon.
JOSH DREW: Yes.
JOSH DREW: To be very honest with you, I don't remember what side of her face it was, but I do distinctly remember there being a red mark and a small bruise on her cheekbone, and red marks just above her eyebrow and to the side - or to the side of her eyebrow.
JOSH DREW: Little bit
MR. CHEW: Can you remember anything else -- did I is you see marks anywhere else other than the ones I you've described?
JOSH DREW: No.
JOSH DREW: During the time that I was living there?
JOSH DREW: Yes.
JOSH DREW: I wouldn't even be able to estimate.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Yes.
JOSH DREW: Again, I can't really speculate. I was there for quite some time.
JOSH DREW: I mean, I'm not - again, I'm not privy to her comings and goings. She had other friends than us that were coming to see her, so ...
MR. CHEW: And, again, to be specific, I'm just talking about visitors at night when Mr. Depp was away.
JOSH DREW: Again, I can't say with any specificity.
JOSH DREW: I mean, I would say pretty early on. But, again, there's no context to it. The other consideration that I would say is that the hallway between all these penthouses was a public right-of-way going to the pool. So, my understanding of people coming and going, it might have been the public, it might have been residents - I'm sorry, not the public. Might have been residents in the building. I can't say with any specificity.
JOSH DREW: Elon Musk was a gentleman that Amber dated intermittently following the restraining order.
JOSH DREW: Yes.
JOSH DREW: I'm a little - again, I'm not quite clear, exactly, but I want to say it was about three to four weeks after the restraining order was filed.
JOSH DREW: Yes.
JOSH DREW: Not to my knowledge, no.
MR. CHEW: Would you, please, describe -- as far O as you can remember, what cleanup efforts were undertaken and by whom?
JOSH DREW: Well, myself, in penthouse 3, there was a number of pieces of broken glass and items strewn about the counter and the floor in the kitchen, only the kitchen, sort of around the kitchen island. In the hallway, outside the penthouses, was quite a spill of wine. I don't believe we dealt with that at all. And then in PHS, all of Raquel's things had been strewn out, pretty dramatically, so we did our best to put that back together and pack everything back up. There were things, like, piles of books and picture frames were broken or items were strewn about. Picture frames were broken, things like that. We just picked the glass up off the floor so the dogs didn't get hurt, and I think we left everything else for the time being.
MR. CHEW: Did you actually see who strewn about, t!? that's not the right verb, but did you actually see the person who threw her clothes everywhere?
JOSH DREW: I didn't witness, firsthand, any destruction of any kind.
JOSH DREW: Yes.
JOSH DREW: So, my recollection of that is Raquel and I had come back to the penthouses, from where, I don't recall specifically, sometime, I want to say, late afternoon, early evening, and Raquel was supposed to meet with Amber as soon as they came back. Amber had not been responding to her text messages for some time so we let ourselves into PH3 together, to go check on her and make sure everything was okay. When we came in, the kitchen was completely, I wouldn't say trashed, but it was out of order, enough for something to be off. And then when we turned the corner, on the section of counters next to the kitchen sink, there was something written on the counter in, I don't know, I can't remember what material it was, and to be honest, I can't actually recall exactly what was written. It was something very, very weird, like such a fraud, or something akin to that.
JOSH DREW: No, correct.
JOSH DREW: Yes.
JOSH DREW: Yes, pretty significant.
JOSH DREW: I noticed, specifically, she had -- she had pretty significant bruising on the inside of both eye sockets, kind of extending down the bridge of her nose, and her forehead was red
JOSH DREW: That's correct.
MR. CHEW: Are you aware of that she made, Amber Heard made a television appearance the next day?
JOSH DREW: Yes.
MS. KAPLAN: Did you ever see Mr. Depp take any drugs, either prescription drugs or drugs not by prescription?
JOSH DREW: Yes.
MS. KAPLAN: How many times?
JOSH DREW: I can't speculate on the number of times, to be honest.
MS. KAPLAN: There were some questions before where people were asking you about emphasizing how many times. Is it fair to say more than ten times?
JOSH DREW: Yes.
MS. KAPLAN: Fair to say more than 20 times?
JOSH DREW: Yes. But to be very honest with you, he was a very private person, and a lot of that behavior was done in private. I didn't witness a lot of it.
MS. KAPLAN: Did you ever hear Mr. Depp yell at Ms. Heard?
JOSH DREW: Yes.
MS. KAPLAN: Can you tell me which are -- when you I recall that and what happened?
JOSH DREW: I can't tell -- I can't say, with any specificity, the number of times. There is one incident, specifically, that I do recall. Myself , and Raquel were vacationing in France with the two of them, and they were -- we were staying separately, separate houses, and the two of them were having a very, very loud argument with one another, screaming at each other, that we could hear through the walls.
MS. KAPLAN: How long do you recall, approximately, that yelling lasted for?
JOSH DREW: I want to say -- I want to say, that I witnessed personally, maybe 30 minutes.
MS. KAPLAN: Did Mr. Depp often wear heavy rings on his fingers?
JOSH DREW: Yes.
MS. KAPLAN: More than one?
MS. KAPLAN: Yes. And they were large; is that fair to say?
JOSH DREW: If memory serves, yes.
MS. KAPLAN: December 15, 2015, was -- that goes on _ 12 to the next page, you'll see, in paragraph 23, in I case it refreshes your recollection. It's making I reference to Rocky.
MS. KAPLAN: ,115 What knowledge do you have about this incident?
JOSH DREW: Specifically, coming home, I want to say late afternoon or early evening, it was myself and Raquel. Melanie was not present. Amber had not been responding to Raquel for some time. They were supposed to hang out, the three of them, so we let ourselves into PH3 to check on her and make sure everything was okay. We came inside, the kitchen and the dining table were a mess. Both the kitchen and the kitchen island area, they were strewn about, outside of the norm, and there was something written on the counter, adjacent to the kitchen sink. Like I said previously, something like all are such a fraud, or something in that vein. We realized something was off right away. Raquel told me to go back to our place, and then I booked it upstairs. I didn't hear from her for, like, 10 or 15 minutes, which I was obviously concerned about
MS. KAPLAN: The incident you just talked about the kitchen -- with Mr. Chew about the kitchen being a mess. Is this same incident you are referencing?
JOSH DREW: Yes.
MS. KAPLAN: So I think you testified that when you came in, you saw some writing in the kitchen. I'll show you a document, which is a photograph, that we've marked as Drew 10, and ask you if that's what you were referring to earlier?
JOSH DREW: Yes.
MS. KAPLAN: And did you come to learn, Mr. Drew, who had written this language? Wait a minute. Is this the kitchen counter?
JOSH DREW: Yes, it's the kitchen counter, next to the kitchen sink.
MS. KAPLAN: This is in the apartment of Ms. Heard and Mr. Depp?
JOSH DREW: PH3.
MS. KAPLAN: And did you come to learn who had O written these words in -- on the kitchen counter?
JOSH DREW: I'm sure there will be an objection to this response, but I knew it was his handwriting.
MS. KAPLAN: When you respond with "his," in that answer, you're referring to Mr. Depp?
JOSH DREW: Correct.
MS. KAPLAN: And why -- you're saying that you recognized, at the time, that it's his handwriting?
JOSH DREW: Correct.
MS. KAPLAN: How are you able to recognize Mr. Depp's handwriting?
JOSH DREW: He has a very unique mode of 4! I ,1 penmanship.
MS. KAPLAN: And you had seen that mode of l 1• penmanship previously?
JOSH DREW: Many times.
MS. KAPLAN: Can you read what is written on the countertop in Drew 10?
JOSH DREW: "Why be a fraud. All is such bullshit."
MS. KAPLAN: Is this Drew 10 an accurate photograph of what you recall seeing that day?
JOSH DREW: To my recollection, yes.
MS. KAPLAN: Was anything else written on the countertop?
JOSH DREW: Not that I remember.
MS. KAPLAN: When you saw these -- when you came to the apartment and saw the mess in the kitchen and saw these words written on the countertop, were you concerned?
JOSH DREW: Immediately.
MS. KAPLAN: And what were you concerned about?
JOSH DREW: That something very, very bad had happened.
MS. KAPLAN: And that's, in part, because you assumed, immediately, that Mr. Depp had written these words?
JOSH DREW: Yes.
MS. KAPLAN: Can you read -- oh, you read into the record what it says.
MS. KAPLAN: Just correct me if I'm wrong. That is little kind of red thing there, in the top right-hand corner of the photograph, do you recall, is that lipstick? Part of a lipstick?
JOSH DREW: Couldn't tell you.
MS. KAPLAN: At the time, did you have any idea what this was written in? Do you recall?
JOSH DREW: Looking at it, I can answer. I don't recall from the time, so I'm going to say no.
MS. KAPLAN: And I take it, Mr. Drew, you didn't take this photograph?
JOSH DREW: No.
MS. KAPLAN: Do you know if Rocky did?
JOSH DREW: I don't know.
MS. KAPLAN: And when you say you were concerned that something very bad had happened, what do you mean by that?
JOSH DREW: You walk into somebody's house and it looks like they vandalized it and things are a mess, or things strewn about, it doesn't portend anything good.
MS. KAPLAN: Did you go anywhere else in Mr. Depp and Ms. Heard's apartment, other than the kitchen, that day?
JOSH DREW: The living room, later.
MS. KAPLAN: So, again, to the best of your recollection, I understand it's a long time ago, and I understand these aren't exactly happy memories. But can you tell me, chronologically, what happened? You let yourself in the apartment, you saw this. Just tell me the story, again, to the best of your recollection, what happened when.
JOSH DREW: How I remember is that we came home, late afternoon/early evening, hadn't heard from Amber in some time, which was out of character for her. Let ourselves in to go check. Saw that written on the counter. Saw the kitchen a mess. Raquel looked at me and said, specifically, go back to our place, I'm going to go check on her, bolted upstairs. I was sitting over in PH1, in our apartment, waiting and I heard from her, again, I don't remember exactly, I want to say it was 10 or 15 minutes later. I really, I really don't remember what my response was. I don't remember what transpired after that, other than there was some time that she was over there. I don't remember when or even if Melanie came over at any point during that evening.
MS. KAPLAN: What do you recall about that?
JOSH DREW: I remember specifically because she had a pretty significant, visible facial injuries and didn't know if she was going to be in a state to do it or didn't know whether she was even going to be -- to have the physical appearance to be able to do that.
MS. KAPLAN: When you say these things -- first of all, "she," in those statements is Amber Heard, right?
JOSH DREW: Yes.
MS. KAPLAN: Did you see Ms. Heard's face that day?
JOSH DREW: Yes.
MS. KAPLAN: Do you have good vision? I 5
JOSH DREW: I didn't have glasses then, and I didn't need them then, so, yes.
MS. KAPLAN: I'm handing you a document that was marked as Drew 11. You can see, from the top page, this was attached to Ms. Heard's deposition -- affidavit, declaration, as exhibit 13. And I want you to look at the photos of Ms. Beard's face and tell the jury, Mr. Drew, if those were consistent with what you observed on her face that day.
JOSH DREW: It is. I was with Raquel when she took the pictures.
MS. KAPLAN: And the pictures were, then, on Raquel's iPhone or phone?
JOSH DREW: To my recollection, yes. They could Its have been taken on Amber's phone. So there wouldn't be any potential accusation of bias or anything like that.
MS. KAPLAN: And you described earlier, to Mr. Chew, that there was, as I recall, kind of color under both of her eyes?
JOSH DREW: Yes.
MS. KAPLAN: And I said her eyes. I mean Ms. Heard.
JOSH DREW: Yeah.
MS. KAPLAN: If you look at the one, two, three, four, five, sixth photo, this one, I'm going to hold it up.
JOSH DREW: Yes.
MS. KAPLAN: Did you personally observe, that day, this injury on Ms. Heard's face?
JOSH DREW: I did.12
MS. KAPLAN: In December -- in December 2015?
JOSH DREW: I did.
MS. KAPLAN: You said before you were there when Ms. Pennington was taking the photos?
JOSH DREW: Yes.
MS. KAPLAN: There's a couple more photos in there. Looks like there's a busted lip. Do you see those photos?
JOSH DREW: Yes.
MS. KAPLAN: Do you recall seeing that, personally, on Ms. Heard's face that day?
JOSH DREW: Honestly, I don't remember without looking at this photo, so I'm more comfortable saying I don't know.
MS. KAPLAN: Okay. Mr. Drew, were you there -- just to refresh your recollection, you were there when all of these photos were taken or just the photos of the face?
JOSH DREW: I can't say definitively.
MS. KAPLAN: Okay. But the phone photos, you were O there for?
JOSH DREW: Correct.
MS. KAPLAN: But at least some of the photos in Drew 11, you recall being there and personally observing Ms. Pennington take them?
JOSH DREW: Correct.
MS. KAPLAN: And are you aware of any efforts by Rocky, or anyone else, to manipulate the photos that were taken that day with Photoshop or any other method of changing a photograph?
JOSH DREW: If I had any knowledge of that or even suspected, this would be a very different interview.
JOSH DREW: It's a deposition.
JOSH DREW: Or a very different deposition. Whatever.
MS. KAPLAN: I'm going to turn, now, to the incident on April 21, 2016, in connection with Ms. Heard's birthday party, Ms. Heard's 30th birthday party.
MS. KAPLAN: I would like, if you can, Mr. Drew, for you to tell me, in your own words, again, separate and apart from anything that's in Ms. Beard's O declaration, what you recall happening that day and what you did, saw, and observed.
JOSH DREW: So if memory serves, it was Amber's 30th birthday. She wanted to have a dinner party at the apartments, just close friends, and I offered to cook dinner for everybody. There had been some mention that he had appointments or he had some things, but that he would be there, and so on and so forth. I really don't recall, specifically, who the appointments were with, what they were for, what time they were, anything like that. Quite frankly, any talk of schedules with either Amber or Johnny was pretty much moot, to be honest. Everybody arrived. We were sort of - I think we waited for a little bit of time, expecting him to show up. And at a certain point, I don't know who made the decision, they said let's sit down and have dinner, he'll get here whenever he gets here. We had the party in PHS. We sat outside. I want to say he showed up not towards the end of the evening, but pretty close to. Again, this is just my observation, but it appeared that he was inebriated in some way. I don't want to say whether he was drinking, on pills or what.
JOSH DREW: But the appearance was he was inebriated in some way. She did not react to him
MS. KAPLAN: "She" being Amber?
JOSH DREW: Amber, yeah. Played nice. He sat down, and honestly, the rest of the evening was quite pleasant. You know, he does what he always does when he comes to sit down at dinner, put on a show and connect with everybody, be entertaining, be pleasant and polite. Her, the same thing. You never would know there was an issue. And then I didn't hear anything until the next morning. And I knew that there was a scramble. The girls were leaving the next day for Coachella, which I did not attend with, but all I know is that they had gotten into a pretty big argument, but because of the rush to get out that day, I didn't really get too many stories about it.
MS. KAPLAN: You cooked the dinner that night?
JOSH DREW: Correct.
MS. KAPLAN: What did you cook?
JOSH DREW: I don't remember that. Actually, I do J 12 remember.
MS. KAPLAN: What did you cook?
JOSH DREW: I did -- I made tacos, actually. Don't I ask me why I remember what I made, but I did. Amber wanted -- she wanted Mexican food, so I did a big Mexican spread.
MS. KAPLAN: When you said that Mr. Depp walked in, he appeared inebriated. Do you recall, was he swaying, was his voice -- his words slurred? What do you recall?
JOSH DREW: Because I had come to know him pretty well at that point, he was pretty good at hiding it with people who didn't know him all that well. But you could sort of see, if you spend enough time around him, you could see the little ticks, slurring his words a little bit, a little bit extra slang, being a little more discombobulated, being a little more, what's the word, gregarious and loose. That's not his normal mode.
MS. KAPLAN: Okay. I hate to go back into what I'm IO going to refer to as the "poop incident."
MS. KAPLAN: But I think you testified earlier that you observed, on a number of occasions, dog poop or dog pee in Mr. Depp and Ms. Beard's apartment; is that correct?
JOSH DREW: In perpetuity.
MS. KAPLAN: When you say "in perpetuity," what do you mean?
JOSH DREW: Pretty much constant. I cleaned up my share in that apartment.
MS. KAPLAN: And I think you testified that the dogs weren't trained to only poop on the sidewalk?
JOSH DREW: They weren't trained at all. They had I their run, they'd be left at home for the large portion of the day sometimes, and if there was nobody there to take care of them, at some point, there was pee and poop on everything. Couches, sofa, chairs, the bed, you name it.
MS. KAPLAN: Let's go to the May 21 incident, which is covered on pages 10 through 13. Let's just call them Drew 7.
MS. KAPLAN: Again, same thing that we did for April 21. I would like you, Mr. Drew, if you could, just tell me the story of your role, what you saw, what you observed, what you did, chronologically, in connection with this incident.
JOSH DREW: I don't remember what day of the week it was, either Friday or Saturday. I want to say it was a Saturday because I was not in the office. Raquel had a jewel -- her first jewelry show the next day, and the plan was for her and her friend Liz, who had come over to help her, specifically, get set up for this. Amber was around, they were going to sit in PH5 and do yoga and paint and make necklaces and things like that. I was sort of in and out most of the day, hanging out with them. I mean, pretty rapidly thereafter, I don't think it was more than, like, 10 or 15 minutes before I heard a door open in the hallway, and a couple seconds later, I heard a really, really loud slam, which I later learned was the wine bottle being smashed into our door, PH1. And then I heard keys jingling, Johnny shouting over to security telling them to -- is it all right if I swear? I'm telling here.
MS. KAPLAN: Just say the words exactly as they were said.
JOSH DREW: As I remember, he said, "Open this fucking door and get me in here." And he came in, caught eyes with me right away, and beelined for me, screaming, cursing, spitting in my face. I walked calmly to leave, realizing I forgot my keys and the dog, so I turned around, had to walk back to go get both. He stayed and followed with me, walking, pacing, screaming, cursing, spitting in my face, and I left calmly. At that point, Liz was still in the apartment, and the last look I saw of her is that she bolted around the corner and went upstairs to hide from him.
MS. KAPLAN: Had Mr. Depp ever done this to you s before?
JOSH DREW: No.
MS. KAPLAN: Did he -- how close was he to you when he entered your apartment and was screaming at you?
MS. KAPLAN: In
JOSH DREW: Close enough for it to be aggressive. Within a foot? Yes.
MS. KAPLAN: And you said that you originally heard him say, you know, open the fucking door. When he was spitting and screaming at you, what was he saying then?
JOSH DREW: Couldn't tell you. Honestly, it sounded like jibberish. At that point, I don't think I was really hearing anything. It was just how can I get the hell out of here without something else happening? The reality was, even though he's standing there, in front of my face, he's also got, you know, two bodyguards right there with him that are bigger than me. So, what's really going to happen here?
MS. KAPLAN: What were you feeling when this was going on? I'm trying to --
JOSH DREW: I mean, I don't think, honestly, I didn't feel threatened. I'll say that flat-out It seemed really, really silly. I was really surprised. I wanted to get out and make sure that the girls were okay.
MS. KAPLAN: And sometimes you can say someone is spitting at you because they're a couple inches from your face.
JOSH DREW: Sure. It wasn't, like, actively spitting in my face. It was just the nature of how close he was and the way in which he was acting.
MS. KAPLAN: Okay. So you go get your keys, you get -- you guys have your own dog, I take it?
JOSH DREW: Yes.
MS. KAPLAN: You got your dog, you go out. What happens next?
JOSH DREW: I walked out in the hallway, and to be y very, very candid I really-- I don't remember, in this instance, whether I went to PH3 to go check on them or whether I went into PHI. The sequence of events after that, as to when I actually got to Raquel and Amber or whether they came to me, I really don't remember that sequence of events offhand. I couldn't tell you.
MS. KAPLAN: When you got to Raquel and Amber, what did you observe?
JOSH DREW: I remember first speaking to them, specifically, in PHI, in our place. But like I said, how it is we got there, I don't remember. I remember deadbolting the door and Amber was catatonic. She was just, like, a thousand-yard stare, just done. And Raquel was trying to calm down herself. I was thinking, what the fuck just happened? And she started to recount a little bit, and I went light out the door and started banging on the door to do something regrettable. He was already gone at that point.
MS. KAPLAN: Just so I understand it, you banged on the door?
JOSH DREW: PH5.
MS. KAPLAN: Go to Drew 1, if you don't mind. Your ,3 incredible architectural drawing, Mr. Drew. Tell where you are -- where he was when you went? I:
JOSH DREW: I was in here when Johnny came in. Right here.
MS. BREDEHOFT: The record should reflect, the witness pointed to PH5.
JOSH DREW: This door was right there. This is in PH5. The living room's a little larger. I came out of the door, the door to PH1, right smack in the middle, and I went back, started banging on the door to PH5, assuming he was still in there, but they were already gone.
MS. KAPLAN: So what sparked you to go back to try I to go after Mr. Depp was hearing, from Rocky, that Mr. Depp had pushed her? Its
JOSH DREW: Correct.
MS. KAPLAN: As opposed to Ms. Heard?
MS. KAPLAN: By the time you got over there, he had
JOSH DREW: Correct. already left?
JOSH DREW: Yes.
MS. KAPLAN: You said that Amber, when you saw them, ,3 Amber and Rocky, I think you said Amber seemed catatonic?
JOSH DREW: Yeah, she was just a ghost.
MS. KAPLAN: How did Rocky seem?
JOSH DREW: From what I remember, sort of like when somebody's coming down from an adrenaline rush. She was just sort of like - she didn't really know what to do. Couldn't sit still. Just sort I of standing there and shaking.
MS. KAPLAN: So, after you had gone to try to find Johnny, he had already left. What happened next?
JOSH DREW: I went right back to the girls to make 115 sure they were okay. After that, my own little selfish outburst.
MS. KAPLAN: At that point, they were still in your apartment?
JOSH DREW: They were still in my apartment. I came in, Amber started to come out of it, a little bit. Raquel started calming down a little bit. I started to get a little bit of what happened. The thing I remember most distinctly is that Amber had Johnny's cell phone in her hand, so I took it from her.
MS. KAPLAN: And when did you first learn about the police?
JOSH DREW: We were in PHI, I believe, at that point, when I came back upstairs, Amber was already on the phone with her attorney. We went back to go take pictures of all the damage, took O pictures of the wine stain in the hallway.
MS. KAPLAN: Is that the first time you saw the damage to her place or did you see it when you were kind of going back and forth?
JOSH DREW: Again, I'm a little foggy on that. I want - I can't remember if I had seen it before, whether that was when I saw that for the first time. So, we took her back to PH3, took photos of the damage inside, and I want to say the first responders came pretty shortly thereafter, maybe - again, I'm really guessing here. I want to say 20 or 30 minutes, at the most.
MS. KAPLAN: The first set of police officers who were there, how long do you recall them staying?
JOSH DREW: Maybe 15 minutes. I was asked to greet the officers, specifically, because Amber didn't want to file a report, and I said that I would speak to them to see if they - if I could, you know, get them to leave and say that everything's okay. Even though we - obviously, we all knew there was no way we could do that. I told her that I would go and greet them first.
MS. KAPLAN: So two questions. Why did you know there was no way to do that? Question -- let me ask you that question first.
JOSH DREW: I'm a survivor of domestic violence myself.
MS. KAPLAN: What was your understanding of why she didn't want them to know?
JOSH DREW: She was still protecting him.
MS. KAPLAN: What else, if anything, Mr. Drew, do you remember the female Hispanic police officer or the Caucasian gentleman saying that evening?
JOSH DREW: I remember - I was the one who walked them through PH3, where the original incident had occurred. I showed them the broken glass. They had already walked over the wine stain in the hallway, the big spill of wine. I showed them the bolt in the door. You could see it looked like the bottom of the wine bottle. I took them to PH5, showed them through. Their communication to me throughout was me just pointing things out to them. The Caucasian police officer pulled me outside, solo.
JOSH DREW: I can't say what happened internally, so I don't know whether anybody was in earshot or whether it was just Amber and the officer having a one-on-one or whether there was anybody else around them. I don't know what was said either, specifically, outside of what I might have heard secondhand, which has already been talked about ad nauseam.
MS. KAPLAN: You have, in front of you, Mr. Drew, a series of photographs that we've marked as Drew 13. And I think I'm just going to take you through them one by one, if that's okay with you. I'm going to ask you if you remember -- if you can tell me what these photos are?
JOSH DREW: These are photos taken of her - the night of the incident.
MS. KAPLAN: Who took the photos?
JOSH DREW: Some were taken by me, some were taken by Raquel.
MS. KAPLAN: When you say the night of the incident --
JOSH DREW: May 21.
MS. KAPLAN: As you sit here today, can you O distinguish which were taken by you and which were taken by Raquel?
JOSH DREW: No.
MS. KAPLAN: Were you present when they were all taken?
JOSH DREW: I can't say that definitively.
MS. KAPLAN: Okay. Were you present when photos were taken of Ms. Beard's face, like you see on the first page of this?
JOSH DREW: Yes.
MS. KAPLAN: And is this image of Ms. Heard's face, on May 21, is this consistent with your recollection of what her face looked like?
JOSH DREW: Yes.
MS. KAPLAN: Am I correct that unlike -- it's a little hard to see because there's a shadow on the right. Unlike the prior incident that we looked at, where there were photos, here, the injury looks like it's mostly on one side?
JOSH DREW: Correct.
MS. KAPLAN: Let's look at the next photo. Tell me if you can remember, or you can identify it.
JOSH DREW: These are the pictures pulled off the wall and placed onto their bed in their bedroom
MS. KAPLAN: Let's go to the next set of photos, where it's clearer.
MS. KAPLAN: Do you recall seeing this on the night of May 21?
JOSH DREW: Yes, this is on the column in PH5, going up the stairs.
MS. KAPLAN: And there's the glass and the pictures were shattered?
JOSH DREW: Yes.
MS. KAPLAN: Starting with the first photo of Ms. Heard's face. Is that what Ms. Heard's face =-i
JOSH DREW: Yes.
JOSH DREW: I looked like when the police arrived?
MS. KAPLAN: With the next photo of the picture the bed and the broken picture frame on the wall, did you show these to you -- you personally showed these to the first group of police officers that night?
JOSH DREW: Honestly, this one, I really can't say whether I did show them to the officers. I don't recall this.
MS. KAPLAN: Just so the record's clear, you're pointing to the photos on the bed?
JOSH DREW: Correct.
MS. KAPLAN: What about the photos on the wall?
JOSH DREW: The third photo, yes, I showed them, personally.
MS. KAPLAN: For the photos on the wall, you had been in the apartment prior to this?
JOSH DREW: Yes.
MS. KAPLAN: Was the glass broken the last time you were in the apartment?
JOSH DREW: No.
MS. KAPLAN: Go to the next one.
JOSH DREW: This is broken glass. I believe this is from the landing directly beneath the photo shown in the third photo.
MS. KAPLAN: And it's a landing on a staircase?
JOSH DREW: Yes.
MS. KAPLAN: Was that photo taken by either you or Rocky?
JOSH DREW: Yes.
MS. KAPLAN: Did you show that glass to the police officers who came -- the first group of police officers who came that night?
JOSH DREW: Yes, I did.
MS. KAPLAN: Next photo. I take it that's a •15 stairway?
JOSH DREW: Yes.
MS. KAPLAN: That photo was, again, taken by either ! 18 you or Rocky?
JOSH DREW: Correct.
MS. KAPLAN: Was the broken glass on the stairway, , depicted in this photograph, showed to the first group of police officers that night? l A What's the next photo?
MS. KAPLAN: L A Yes, it was.
JOSH DREW: This is the hallway where there would have been spilled wine right outside the door of PID.
MS. KAPLAN: And do you see spilled wine in this I 7 photo?
JOSH DREW: Yes.
MS. KAPLAN: Can you indicate, for the record, where IO that is? ,11
JOSH DREW: Here and here and here.
MS. VASQUEZ: He is pointing to the sort of middle of the photograph, on the right side, on the floor, on the stripes.
MS. KAPLAN: And was this a photograph taken by either you or Rocky? • 17
JOSH DREW: Yes.
MS. KAPLAN: Did the police officers, the first group of police officers who came, see this on that evening?
JOSH DREW: They would have walked through it before they even got to the door.
MS. KAPLAN: But that's not something you showed them?
JOSH DREW: No.
MS. KAPLAN: Last photo in the series. Can you tell me what that is?
JOSH DREW: That is a wine bottle and spilled wine on the floor.
MS. KAPLAN: Is this a photo that was taken by either you or Rocky?
JOSH DREW: Yes.
MS. KAPLAN: Is this something that you showed the first group of police officers that evening?
JOSH DREW: Yes.
MS. KAPLAN: Which apartment is this in?
JOSH DREW: I believe this is in PH5.
MS. KAPLAN: Which room?
JOSH DREW: In the living room.
MS. KAPLAN: As I asked with the other series of photos that we saw, first of all, were any -- are you aware of anyone who made any efforts to Photoshop or otherwise manipulate these photos to make the incident and the circumstances look worse than they were?
JOSH DREW: Not to my knowledge.
MS. KAPLAN: Do you have any understanding that that evening, looking at the first photo of Ms. Heard's face, did anyone somehow put makeup on her face to make it look like she had an injury under her eye?
JOSH DREW: No.
MS. KAPLAN: With respect to these photographs, generally, that we've looked at in Drew 13, was IO there any effort to stage the photographs in any way?
JOSH DREW: Absolutely not.
MS. KAPLAN: And do you know how the photographs got, ultimately, to Ms. Heard?
JOSH DREW: I do not.
MS. KAPLAN: So I think you testified earlier, with Mr. Chew, Mr. Drew -- I'm rhyming here -- that you were in contact with Ms. Heard on the day of May 22nd?
JOSH DREW: Yes.
MS. KAPLAN: And I'll represent to you that the photos in Drew 14 were taken on that day. Sitting here today, do you know who took these photos?
JOSH DREW: We're talking about the two I have in front of me right now?
MS. KAPLAN: Yes.
JOSH DREW: It was either me or Raquel.
MS. KAPLAN: Is this consistent with your recollection of how Ms. Heard looked the next day, on May 22nd?
JOSH DREW: Yes.
MS. KAPLAN: Did you see Ms. Heard's face on May 22nd, 2016?
JOSH DREW: Yes.
MS. KAPLAN: Did you or your ex-wife take photos of Ms. Heard's face on that day?
JOSH DREW: Yes. To my recollection.
MS. KAPLAN: And similar to questions I've asked you in the past, was any effort made to stage those • 19 photos in any way?
JOSH DREW: Not to my knowledge, no.
MS. KAPLAN: Was there any effort made to put makeup on Ms. Heard's face to make the injuries look redder or more serious?
JOSH DREW: Not to my knowledge, no.
MS. KAPLAN: Was any manipulation of the photos done, either using Photoshop or any other similar method?
JOSH DREW: Not to my knowledge, no.
MS. KAPLAN: I'm showing you a document that's been marked as Drew 18. Directing your attention to ,9 the photos there, and asking if you can identify I where these photos were taken?
JOSH DREW: The photo on the first page, honestly, I'm not sure. I don't really remember which stairwell this was from, from which penthouse.
MS. KAPLAN: Each penthouse had a stairwell?
JOSH DREW: Yes.
MS. KAPLAN: Next one?
JOSH DREW: Both of these photos were taken from !is PH5, where Amber's closets was located, or what I Amber used as her closet, I should say.
MS. KAPLAN: Next page, same thing? Amber's closet?
JOSH DREW: Same thing.
MS. KAPLAN: Next page, at least the top one?
JOSH DREW: The top one, same.
MS. KAPLAN: Bottom photo on that page?
JOSH DREW: Bottom photo is taken from - it looks like it's taken from the landing on the stairwell of PHS, towards the kitchen, toward the Broadway side.
MS. KAPLAN: And the next page seems like similar copies.
MS. KAPLAN: Were you ever made aware, Mr. Drew, of anyone destroying Amber's closet this way?
JOSH DREW: Not to my knowledge.
MS. KAPLAN: Are you aware of any efforts between and among Rocky Pennington, iO Tillett, Melanie Inglessis, Elizabeth Marz, or Amanda de Cadenet to "get their stories straight"?
JOSH DREW: Not to my knowledge.
MS. KAPLAN: Have you ever had any outreach from any of these people I just mentioned, to you, to coordinate your story or your recollection or your testimony about the things you've testified here today?
JOSH DREW: No. I did receive a phone call from iO, I "ant to say, maybe, three months ago, but that "as to catch up.
MS. KAPLAN: And did you discuss, during that phone conversation, your recollection of the events that we've been discussing today?
JOSH DREW: No.
JOSH DREW: Correct.
MR. CHEW: And if the dogs, in fact, were too small to climb the stairs, how would they be able to jump on the bed?
JOSH DREW: One of them "as. One of them "as not.
MR. CHEW: So it's your testimony that one of the dogs could -- had the ability to climb the stairs and jump on the bed and the other had neither?
JOSH DREW: Correct.
THE COURT: All right. Ladies and gentlemen, that completes the testimony of that witness. We'll go ahead and have our lunch break. Again, during your hour lunch break, do not discuss the case with anybody, and do not do any outside research, okay? Okay. We'll see you in an hour.
THE COURT: All right. So we'll come O back at 1 :45, then. Is that fine?
MS. BREDEHOFT: We'll have a live witness then.
THE COURT: Okay. Live witness at 141 :45, so we'll take the TV down. Okay. Thank you.
COURT BAILIFF: All rise.
COURT BAILIFF: (Recess taken from 12:43 p.m. to 181:45 p.m.) All rise.
COURT BAILIFF: Please be seated and come to order.
THE COURT: All right. Are we ready for the jury?
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: Okay.
THE COURT: All right. Please be seated. Your next witness.
MS. BREDEHOFT: Your Honor, we call Whitney Henriquez to the stand.
THE COURT: All right. Come forward, ma'am.
THE COURT: WHITNEY HENRIQUEZ
JOSH DREW: Witness called on behalf of the Defendant, having been first duly sworn by the Clerk, testified as follows:
THE COURT: All right.
MS. BREDEHOFT: Thank you, Your Honor.