Raquel Pennington — Direct/Cross
1,166 linesCOURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. Good morning.
THE COURT: Do we have any preliminary matters before the jury comes out?
MR. ROTTENBORN: Just a couple, Your Honor.
THE COURT: All right.
MR. ROTTENBORN: May we approach?
THE COURT: Yes, sir.
MR. ROTTENBORN: The first one is Your Honor requested a set of the order for the jurors.
THE COURT: Everybody signed on this?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: I'll sign on this.
THE COURT: I'm sure. I'm glad you took your time.
MR. ROTTENBORN: We just added the one paragraph at the end about...
THE COURT: Okay. Get that order out. Okay.
MR. ROTTENBORN: Thank you.
THE COURT: All right. Next.
MR. ROTTENBORN: And then, we just wanted, for Rocky Pennington's deposition, there's going to be a number of photos shown, and we just IO wanted to address any issues before.
THE COURT: All right.
MR. ROTTENBORN: I think what Ms. Meyers and I had agreed on, when we did the deposition designations, is any-- we didn't bring the photos in front of Your Honor. We just said any testimony that Your Honor allows in that references a certain photo, that that photo comes in.
THE COURT: That photo will be shown.
MR. ROTTENBORN: But I wanted to just make sure we're all on the same page. Some that have been plainly admitted into evidence, as I j they're going to be shown.
THE COURT: All righty.
MR. ROTTENBORN: And then there's a group that has -- that were shown to Ms. Pennington, that Ms. Meyers and I agreed would come in, if Your Honor Jets the testimony in --
THE COURT: Sure.
MR. ROTTENBORN: That has the stamp on them.
MS. MEYERS: So, I think we're going to take the same position yesterday. That there's a lack of foundation for including the metadata.
THE COURT: Okay.
MR. ROTTENBORN: And we would argue two things. Number 1, that that wasn't what we agreed on when they came in. So this is a different witness. We agreed that the pictures would come in. We never discussed -- Ms. Meyers never objected to the metadata coming in when we made the agreement several weeks ago. So that's the first argument.
THE COURT: Okay.
MR. ROTTENBORN: The second argument, Your Honor, is that I know we handed up some case law, but --
THE COURT: I know.
MR. ROTTENBORN: But these are plainly not hearsay under the Kadem v. Commonwealth.
THE COURT: I understand the hearsay. s But the problem is the foundation part.
THE COURT: Actually, you keep saying metadata. This actually isn't metadata. This is just from an iPhone, which I can go in and I can change my listings for these on my iPhone, and it will show up as a different date and different location. Metadata is something that is extracted from the phone and is with the file, and it would show that I had changed the location. That's metadata, so ...
MR. ROTTENBORN: Okay.
THE COURT: I understand you keep calling it metadata, but your position is it's metadata. My position is it's something that can be changed. Sorry, when they send judges to computer forensic school down in Alabama, these things happen.
MR. ROTTENBORN: I don't envy you having to go that far.
THE COURT: It's the industry.
MS. BREDEHOFT: But Ms. Heard did testify that she did put those on here. She gave the foundation testimony.
THE COURT: Well, I understand that. But, again, that -- anyway, that's my ruling --
MR. ROTTENBORN: Okay.
THE COURT: On this.
MR. ROTTENBORN: Your Honor, I just wanted to make a record on that.
THE COURT: I appreciate it.
MR. ROTTENBORN: Can I take one more shot at this?
THE COURT: Okay.
MR. ROTTENBORN: Mr. Depp, you'll remember, he introduced the two pictures of him with alleged bruises on his face that very clearly had this on them. He testified that one was taken by Sean Bett.
THE COURT: Uh-huh.
MR. ROTTENBORN: And that's of a different nature than this, I believe. So we believe, at a minimum, if the jury -- I mean, number one, we believe that they've waived this by agreeing to these coming in as is. But --
THE COURT: Well, I mean, this is the problem with depositions. It's same tiring with you wanting to de-designate things.
MR. ROTTENBORN: I understand.
THE COURT: The trial is fluid.
MR. ROTTENBORN: I totally respect Your Honor's decision. But we would ask that this be published. That's of a different nature than that.
THE COURT: Okay.
MR. ROTTENBORN: All it does is show the time.
THE COURT: All right. Any objection to these?
MS. MEYERS: I mean, I think we moved our objection of having them come in, same with the ones the other day. The ones that they're referring to, they didn't object to the time stamp at the top.
THE COURT: Well, I understand. But I mean, what would be the objection to the time Is stamp?
MR. ROTTENBORN: That's plainly metadata.
MR. MONIZ: Yeah, but can't that be changed in the same way?
THE COURT: That, I don't know. Didn't cover that in my class.
MR. ROTTENBORN: I mean, the case law says that in order to get rid of metadata, they have to do more than assert that it could be changed. They have to --
THE COURT: I understand. Well, I still don't think it's metadata.
THE COURT: I'll allow it at this time, but we can get rid of that, okay?
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: We don't need to go through every exhibit. Your ruling applies to Is each of them.
THE COURT: That's fine.
MR. ROTTENBORN: Are you comfortable with that?
THE COURT: For the record, do you want O to name the exhibits or do you want to just...
MR. ROTTENBORN: I think we'll just take them as they come.
THE COURT: Okay.
MR. ROTTENBORN: If you all notice anything, we can come up with -- the only exhibits with Ms. Pennington are photographs, and there's several that have already been admitted without metadata. And the ones that have to have them admitted --
THE COURT: Are you going to show them during the deposition? Judy is going to get mad at you.
MR. ROTTENBORN: That's the first time I've done that.
THE COURT: Yeah, we'll show them, but we'll have this redacted.
THE COURT: Okay. Thank you.
THE COURT: All right Are we ready for the jury, then?
MS. BREDEHOFT: Yes, Your Honor.
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: Okay.
THE COURT: All right. Good morning, ladies and gentlemen All right. As you remember, we were in the middle of a witness last evening, so we'll continue with her testimony, okay?
THE COURT: All right. Thank you.
MS. VASQUEZ: Did you see Ms. Heard shortly after she returned from Australia?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: How soon after she arrived back from Australia did you see her?
RAQUEL PENNINGTON: I believe it was immediately upon her return.
MS. VASQUEZ: And she visited you in your apartment at the Eastern Columbia Building; is that light?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: You testified that you observed injuries on Ms. Heard on this occasion; is that right?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What injuries did you observe?
RAQUEL PENNINGTON: She had these deep cuts on the backs of her forearms and-yeah, they were very, very deep, long cuts on the backs of her forearms.
MS. VASQUEZ: Did you see her feet?
RAQUEL PENNINGTON: Well, at first, when she came over, she had shoes on. And then and then she showed me her feet, yeah.
MS. VASQUEZ: What, specifically, do you recall I seeing on Ms. Heard's feet?
RAQUEL PENNINGTON: They were just - they were cut. It was smaller cuts than the ones on her arms.
MS. VASQUEZ: Were both feet cut?
RAQUEL PENNINGTON: I don't remember if it was both or one.
MS. VASQUEZ: You testified that Ms. Heard told you I that she got these injuries from glass from broken bottles; is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: You were not in Australia with Ms. Heard when she allegedly sustained these injuries; is that correct, Ms. Pennington?
RAQUEL PENNINGTON: I was not in Australia.
MS. VASQUEZ: So your only understanding as to how Ms. Heard sustained these injuries is what she told you, right?
RAQUEL PENNINGTON: That is my understanding.
MS. VASQUEZ: You've testified that you attended a Thanksgiving dinner with Mr. Depp and Ms. Heard in November of 2015; is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And this dinner was held in penthouse 5 of the Eastern Columbia Building, right?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And just for clarification, penthouse 5 is not Mr. Depp and Ms. Heard's primary residence, correct?
RAQUEL PENNINGTON: All of the penthouses are connected. ,9
MS. VASQUEZ: Mr. Depp and Ms. Heard lived in penthouse 3; is that correct?
RAQUEL PENNINGTON: Well, technically, they lived in all of them. They were all connected.
MS. VASQUEZ: Where did they have their bedroom, in which penthouse?
RAQUEL PENNINGTON: Their bedroom was in 3.
MS. VASQUEZ: Who attended the Thanksgiving dinner?
RAQUEL PENNINGTON: I think that - well, Josh, myself, Its Amber, Johnny, there were a couple of Johnny's friends, I think Amber's dad was there, Jack, Johnny's son. I don't remember anyone else specifically.
MS. VASQUEZ: Do you recall what time you all sat down to eat dinner?
MS. VASQUEZ: And you testified at some point, late in the meal Amber went upstairs to look for Johnny and stayed up there for a long time, correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And did Mr. Depp sit down to dinner with all of you?
RAQUEL PENNINGTON: I don't know if we all actually sat down at one point.
MS. VASQUEZ: Did you see Mr. Depp, at some point, leave this -- this dinner?
RAQUEL PENNINGTON: I don't remember him leaving. I remember noticing that he was gone.
MS. VASQUEZ: Did you see where Mr. Depp left to, where he went?
RAQUEL PENNINGTON: I - either upstairs or out the front door. I didn't see it happen, so I don't know.
MS. VASQUEZ: Did you observe Ms. Heard consume any alcohol before she went to look for Mr. Depp?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What was she drinking?
RAQUEL PENNINGTON: Red wine.
MS. VASQUEZ: Did she seem drunk when she went to look for Mr. Depp?
MS. VASQUEZ: Did you observe any injuries to Ms. Heard when she returned?
MS. VASQUEZ: Did you observe any injuries to IO Mr. Depp when he returned?
MS. VASQUEZ: Do you remember that when Mr. Depp and Ms. Heard came downstairs, they were wearing different clothes?
RAQUEL PENNINGTON: I don't remember Johnny changing clothes. I do remember that Amber changed clothes.
MS. VASQUEZ: Do you remember anyone that was still there when Mr. Depp and Ms. Heard came back downstairs?
RAQUEL PENNINGTON: I believe Josh and myself, David Heard, and I don't remember anyone else, specifically, who was still there.
MS. VASQUEZ: You also testified that when "you went to look and found that a full bottle of wine had hit and broken a piece of art that Amber really loved above the bed, and that broken glass was scattered all over the bed."
RAQUEL PENNINGTON: Did I testify that?
MS. VASQUEZ: Yes.
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Is that an accurate description of what you saw?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And where did you see this, in what room?
RAQUEL PENNINGTON: In their bedroom of PH3.
MS. VASQUEZ: How did you get to this penthouse from penthouse 5?
RAQUEL PENNINGTON: I went upstairs in penthouse 5, across the top story, which all three penthouses were connected, through to penthouse 3, the bedroom was also on the top story, and all the way through and around.
MS. VASQUEZ: Do you recall seeing any spilled wine?
RAQUEL PENNINGTON: I think there was wine - yeah, I think there was also spilled wine on the bed and on the ground.
MS. VASQUEZ: Do you remember whether that bottle of wine was broken or not?
RAQUEL PENNINGTON: I don't remember that the bottle was broken, but there's also plenty of glasses around with wine in them that could have been part of that. There was glass everywhere.
MS. VASQUEZ: So you specifically remember glass being everywhere upstairs; is that fair?
RAQUEL PENNINGTON: On the bed, mostly.
MS. VASQUEZ: What kind of wine bottle was it, magnum, red? Do you remember?
RAQUEL PENNINGTON: It would have been red.
MS. VASQUEZ: Was it a magnum bottle?
RAQUEL PENNINGTON: I don't think so.
MS. VASQUEZ: What picture had been damaged? I.
RAQUEL PENNINGTON: I think it was one of - oh. A Leonor Fini, I believe.
MS. VASQUEZ: Would it -- apologies, Ms. Pennington. What did it look like?
RAQUEL PENNINGTON: I don't remember which one.
MS. VASQUEZ: You saw the aftermath?
RAQUEL PENNINGTON: The aftermath, fair.
MS. VASQUEZ: So you don't know that Mr. Depp actually threw the bottle, right?
RAQUEL PENNINGTON: I don't know.
MS. VASQUEZ: Ms. Heard could have thrown the bottle, true?
RAQUEL PENNINGTON: Could have.
MS. VASQUEZ: I'm sorry, I didn't catch that. You said she could have?
RAQUEL PENNINGTON: She could have.
MS. VASQUEZ: And was the evening still happening after you returned from observing the bedroom?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you recall any other issues happening, any further problems during the evening?
RAQUEL PENNINGTON: I don't recall any, no.
MS. VASQUEZ: Do you remember providing deposition testimony about this Thanksgiving incident when you were deposed in the divorce proceeding?
RAQUEL PENNINGTON: If you have a transcript of the - that original deposition, I could take a look at it and recall.
MS. VASQUEZ: Do you have any independent recollection of testifying during the divorce proceeding about Thanksgiving?
RAQUEL PENNINGTON: I - are you talking about the deposition or testifying?
MS. VASQUEZ: I'm talking about your deposition during the divorce proceeding.
RAQUEL PENNINGTON: I remember the depo, but it was a very long depo and a lot of topics were covered.
MS. VASQUEZ: So, do you remember, during the depo, testifying that Mr. Depp and Ms. Heard returned to dinner, Mr. Depp was "acting like nothing had happened"?
MS. VASQUEZ: Do you remember that testimony?
RAQUEL PENNINGTON: I don't remember the specifics of the testimony.
MS. VASQUEZ: Okay. So, can --
MS. VASQUEZ: Videographer, do you mind, or tech, do you mind pulling up Ms. Pennington's July 14, 2016 depo deposition transcript.
AV TECHNICIAN: Stand by.
MS. VASQUEZ: On July 14th, 2016, it's volume 2.
RAQUEL PENNINGTON: Where am I looking in the document?
MS. VASQUEZ: Yes.
MS. VASQUEZ: If you could, please, scroll down to page 238.
MS. VASQUEZ: Ms. Pennington, if you looked at page 238 of your deposition transcript from July 14, 2016, line 23, and if you could read to yourself through page 240, line 18.
MR. ROTTENBORN: Do you have control? You have control.
RAQUEL PENNINGTON: Sorry. I don't have, like, the scrolly thing.
MR. ROTTENBORN: You can do this on your own.
RAQUEL PENNINGTON: What am I - what line am I reading down to?
MS. VASQUEZ: Page 240, line 18.
RAQUEL PENNINGTON: Okay.
MS. VASQUEZ: You testified at your deposition that after Mr. Depp and Ms. Heard returned to dinner, Mr. Depp was "acting like nothing happened." Do you remember that?
RAQUEL PENNINGTON: Yeah. The night has faded in my memory, but as I read this, yeah.
MS. VASQUEZ: Is that an accurate description of what you observed of Mr. Depp that evening?
RAQUEL PENNINGTON: This description?
MS. VASQUEZ: Yes. Was it your observation, the evening of Thanksgiving, that you couldn't tell whether Mr. Depp was drunk or angry, that he could put on a facade?
RAQUEL PENNINGTON: Yeah, I couldn't tell what he was feeling. I couldn't tell what was going on.
MS. VASQUEZ: And you couldn't tell if he was drunk, correct?
RAQUEL PENNINGTON: I couldn't tell.
MS. VASQUEZ: And you couldn't tell if he was angry that evening either?
RAQUEL PENNINGTON: Well, I can't say what anybody's emotions are at any time.
MS. VASQUEZ: You didn't perceive him being angry in front of you that evening?
RAQUEL PENNINGTON: At me, no.
MS. VASQUEZ: At anyone?
RAQUEL PENNINGTON: Not that I recall.
MS. VASQUEZ: So fair to say that Mr. Depp did not seem angry to you when he came downstairs after the Thanksgiving dinner, right?
RAQUEL PENNINGTON: He didn't seem any particular way to me.
MS. VASQUEZ: You testified that in December 2015, Amber called you over to her apartment so that you could check her out.
MS. VASQUEZ: Is that a correct statement? You testified to that?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Okay. My question was, after you arrived, you observed injuries to Ms. Heard, right?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you remember seeing that her head was bloody where a chunk of hair had been ripped out of the back of her head?
RAQUEL PENNINGTON: Yeah-yes.
MS. VASQUEZ: Was her head actively bleeding when you saw her?
RAQUEL PENNINGTON: It was - it wasn't, like, dripping down her head, but it was raw and red.
MS. VASQUEZ: Was it actively bleeding; do you remember?
RAQUEL PENNINGTON: Define I actively bleeding.
MS. VASQUEZ: Was there blood?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: How could you tell hair had been ripped out of her head?
RAQUEL PENNINGTON: There was a bloody patch with hair missing.
MS. VASQUEZ: Where was her face red?
RAQUEL PENNINGTON: Her whole face.
MS. VASQUEZ: Could the redness have been from crying?
RAQUEL PENNINGTON: It could have been.
MS. VASQUEZ: Where did her nose appear to be swollen?
RAQUEL PENNINGTON: It would be, like, the upper bridge.
MS. VASQUEZ: Did you observe that Ms. Heard had any black eyes?
RAQUEL PENNINGTON: Not that I recall.
MS. VASQUEZ: Was there blood on her lips when you saw her?
RAQUEL PENNINGTON: It was a cut open.
MS. VASQUEZ: Was there blood coming out of that cut?
RAQUEL PENNINGTON: I don't remember if there was blood coming out of it at that point.
MS. VASQUEZ: Was it on the top or bottom lip?
RAQUEL PENNINGTON: It was on the bottom.
MS. VASQUEZ: Before we go there, do you have any independent recollection of seeing a laceration on Ms. Beard's forehead?
RAQUEL PENNINGTON: There were many times that I saw injuries on her. If you would like to show me a photo or point me to another place where I can remember which injury - was in which instance, then I can answer the question.
MS. VASQUEZ: So you testified that Ms. Heard had a laceration on her forehead when you saw her, correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: If you remember, where on her forehead l was this laceration?
RAQUEL PENNINGTON: By the hairline.
MS. VASQUEZ: Was it on the right or left side?
RAQUEL PENNINGTON: I don't remember.
MS. VASQUEZ: Was the laceration bleeding?
RAQUEL PENNINGTON: I don't think so.
MS. VASQUEZ: Sitting here today, did you observe any other injury to Ms. Heard that evening, that you remember?
MS. VASQUEZ: If we can go back to the Ms. Pennington's statement in the United Kingdom, that would be great.
MS. VASQUEZ: So in paragraph 20, Ms. Pennington, you testified that after you saw Ms. Heard, you called for assistance from a private nurse who is part of the concierge medical service which Johnny and Amber use.
MS. VASQUEZ: Is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Is Erin Boerum the private nurse that you're referring to here?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you know, approximately, at what time you called Ms. Boerum?
RAQUEL PENNINGTON: Evening.
MS. VASQUEZ: Do you recall Ms. Boerum coming over to the penthouses that night as well?
RAQUEL PENNINGTON: I don't know if she came over that night
MS. VASQUEZ: Do you recall Ms. Boerum providing any advice or recommendations to you on the phone?
RAQUEL PENNINGTON: I think she said to maybe not let her go to sleep and to listen to her speech. Keep an eye on her.
MS. VASQUEZ: And you did that?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: You testified, in paragraph 20, that on December 15th, 2015, you took pictures of Ms. Heard's injuries on your phone.
MS. VASQUEZ: Is that correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you alter those photos --
RAQUEL PENNINGTON: I don't know if it was on my phone or her phone.
MS. VASQUEZ: You see the third line down, you say O "it was my phone"?
RAQUEL PENNINGTON: Oh, then it was my phone.
MS. VASQUEZ: Did you alter those photographs in any way, Ms. Pennington?
MS. VASQUEZ: Do you recall sending the photographs to anyone?
MS. VASQUEZ: Do you recognize this photograph?
RAQUEL PENNINGTON: Yes, Amber's face with swelling on her nose, bruising underneath her eyes.
MS. VASQUEZ: Just to confirm, you don't recognize whether you took this photograph or not, right?
RAQUEL PENNINGTON: I don't know if I took that one.
MS. VASQUEZ: Okay. I'm going to show you a document that will be marked Pennington Exhibit 3.
MS. VASQUEZ: Do you recognize this photograph?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you recognize this photograph?
RAQUEL PENNINGTON: Yeah -yes.
MS. VASQUEZ: Let's pull up Pennington Exhibit 6.
MS. VASQUEZ: Do you recognize this photograph?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you take this photograph?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What is this photograph depicting?
RAQUEL PENNINGTON: The part of her scalp where the hair was ripped out.
MS. VASQUEZ: You testified previously that you photographed a big clump of hair on the floor which was blonde in color and clearly belonged to Amber. Do you remember testifying to that?
RAQUEL PENNINGTON: Yes, I remember.
MS. VASQUEZ: Where did you see this clump of hair?
RAQUEL PENNINGTON: It was in PH4, in the bedroom.
MS. VASQUEZ: And just to confirm, PH4, is this where Ms. Heard used that penthouse as a closet?
MS. VASQUEZ: Which penthouse did Ms. Heard use as a closet?
RAQUEL PENNINGTON: Penthouse 5.
MS. VASQUEZ: How did you know that the hair clearly belonged to Amber?
RAQUEL PENNINGTON: Hair had been ripped out of her scalp and it was her color on the floor of her apartment.
MS. VASQUEZ: So you didn't see the hair get ripped out of her head, right?
RAQUEL PENNINGTON: Correct.
MS. VASQUEZ: So your understanding that this was Ms. Beard's hair that was ripped out of her head was based on what Ms. Heard told you, right?
RAQUEL PENNINGTON: My understanding that it was Ms. Heard's hair was what I saw on her body and on the floor.
MS. VASQUEZ: And the fact that it had been "ripped out of her head," that was based on what Ms. Heard told you, right?
RAQUEL PENNINGTON: Yes. And common sense.
MS. VASQUEZ: If we could pull up Pennington Exhibit 7, please.
MS. VASQUEZ: Ms. Pennington, do you recognize this photograph?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Is this a picture of a clump of hair on the floor that you referenced in your prior testimony?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Is this a picture of a clump of hair on the floor that you referenced in your prior testimony?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you take this photograph?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you take it on your phone?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And before you took this photograph, did you move the hair in any way.
MS. VASQUEZ: So this picture is the clump of hair exactly as you found it, right?
RAQUEL PENNINGTON: Correct
MS. VASQUEZ: And when did you take this photograph?
RAQUEL PENNINGTON: When I was taking the other photographs.
MS. VASQUEZ: And you didn't alter this photo in any way, correct?
RAQUEL PENNINGTON: I did not alter this photo.
MS. VASQUEZ: Do you recall taking a photograph of a wooden platform bed which had a partially broken bed frame?
RAQUEL PENNINGTON: I do.
MS. VASQUEZ: And did you photograph the bed just as you found it?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: You didn't move anything off or onto the bed?
MS. VASQUEZ: Where was the bed broken; if you remember?
RAQUEL PENNINGTON: It was a platform bed and the edge of the platform had, like, a long shard of wood off the corner - or, like, off the edge.
MS. VASQUEZ: Where was the broken bed? In which penthouse?
MS. VASQUEZ: In which room?
RAQUEL PENNINGTON: The bedroom
MS. VASQUEZ: I'm going to show you a document that will be marked Pennington Exhibit 8. Bears the Bates number Pennington 5.
MS. VASQUEZ: Do you recognize this photograph, Ms. Pennington?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you take this photograph?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: You see that on the left side of what I assume is the mattress and the comforter, there appears to be something on the bed?
RAQUEL PENNINGTON: Is it possible to zoom in?
MS. VASQUEZ: Sure. Do you see, in the picture, there appears to be something on the bed?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Is this something that was already there when you found the bed?
RAQUEL PENNINGTON: I don't remember seeing that before.
MS. VASQUEZ: It's not something that you put on the bed, right?
MS. VASQUEZ: And you don't know what that is?
MS. VASQUEZ: I believe you already testified that the next day Ms. Heard was going on the James Carden show, right?
RAQUEL PENNINGTON: Which testify? Which deposition?
MS. VASQUEZ: Today.
RAQUEL PENNINGTON: Oh, today.
RAQUEL PENNINGTON: The next day, yes.
MS. VASQUEZ: And you were with Ms. Heard when she was getting ready for the show at her apartment, true?
RAQUEL PENNINGTON: True.
MS. VASQUEZ: And was this in penthouse 3?
MS. VASQUEZ: Do you remember that Samantha, Melanie, and Adir were there assisting Ms. Heard in getting ready?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Who is Samantha?
RAQUEL PENNINGTON: Samantha is Johnny's stylist, and was also doing styling for Amber.
MS. VASQUEZ: And who is Melanie?
RAQUEL PENNINGTON: Amber's makeup artist.
MS. VASQUEZ: And who is Adir?
RAQUEL PENNINGTON: Her - Amber's hairstylist.
MS. VASQUEZ: Do you recall anybody else being there?
MS. VASQUEZ: Did you hear Ms. Heard tell any one of these people about her injury?
RAQUEL PENNINGTON: I remember her showing the injuries.
MS. VASQUEZ: Who did she show the injuries to?
RAQUEL PENNINGTON: She showed Melanie her lip and Adir the missing hair on her head.
MS. VASQUEZ: Ms. Pennington, I want to talk to you about Ms. Heard's birthday in April 2016.
MS. VASQUEZ: Do you remember that after Ms. Heard's birthday dinner, you and Ms. Heard and some other friends were scheduled to leave for Coachella, the day after?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: So after the dinner -- I know you attended the dinner, but after the dinner, the IO next day, when you arrived to the penthouse, you noticed shattered glass on Ms. Heard's bedroom floor?
RAQUEL PENNINGTON: Correct.
MS. VASQUEZ: What kind of glass was it?
RAQUEL PENNINGTON: I don't know.
MS. VASQUEZ: Could you tell where it had come from?
RAQUEL PENNINGTON: I couldn't tell where it had come from.
MS. VASQUEZ: Did you notice any other damage in the bedroom?
RAQUEL PENNINGTON: I believe there was a broken lamp.
MS. VASQUEZ: Ms. Heard had two dogs at the time, correct?
RAQUEL PENNINGTON: At the time of this?
MS. VASQUEZ: Yes.
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And do you recall where the dogs were when you were in the bedroom with Ms. Heard on April 22nd, 2016?
RAQUEL PENNINGTON: In - in the bed.
MS. VASQUEZ: Were you concerned about the dogs injuring themselves on the glass?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did she look upset?
RAQUEL PENNINGTON: When I arrived?
MS. VASQUEZ: Yes.
RAQUEL PENNINGTON: She was asleep.
MS. VASQUEZ: When she woke up, did she look upset to you?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What made you think that she was upset, or looked upset?
RAQUEL PENNINGTON: She started crying.
MS. VASQUEZ: Now, let's turn to the events of May 21, 2016. Okay. At some point, did Ms. Heard tell you that Mr. Depp wanted to come to the penthouse to get some stuff on May 21st, 2016?
RAQUEL PENNINGTON: I don't remember at what exact date she said that, but she said that. 1;
MS. VASQUEZ: I'll make the representation to you that we're talking about May 21st, 2016, where Ms. Heard alleged that Mr. Depp threw a phone at her. So, do you recall knowing that Mr. Depp was planning to come by the Eastern Columbia Building on or about May 21st, 2016, to collect some stuff?
RAQUEL PENNINGTON: I remember that she told me that he wanted to come over.
MS. VASQUEZ: Do you remember who was at the penthouse before Mr. Depp came over?
RAQUEL PENNINGTON: On which-when?
MS. VASQUEZ: On May 21st, 2016. You were there, obviously, correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And Ms. Heard was there?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Was Josh Drew there?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Was Elizabeth Marz there?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Were you all -- were you preparing for a jewelry show the next day that you were doing, Ms. Pennington?
RAQUEL PENNINGTON: I was preparing.
MS. VASQUEZ: Was anybody assisting you to prepare for that show?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And you were in penthouse 5 on May 21st, 2016, preparing for that show?
RAQUEL PENNINGTON: We were in and out of penthouse 5 and penthouse 1.
MS. VASQUEZ: At some point, Ms. Heard left penthouse 1 and penthouse 5 and she went to penthouse 3, correct, at some point that evening?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Sometime after Ms. Heard left to go back to penthouse 3, you received a text message from her, correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you remember where you were when you received this message?
RAQUEL PENNINGTON: PH1. Penthouse 1.
MS. VASQUEZ: Where was Mr. Drew?
RAQUEL PENNINGTON: With me in PH1.
MS. VASQUEZ: And where was Ms. Marz?
RAQUEL PENNINGTON: She was either with us in PH1 or in PH5.
MS. VASQUEZ: And do you remember what you were doing when you received this message?
MS. VASQUEZ: What did you do after you received this message from Ms. Heard?
RAQUEL PENNINGTON: I went straight over to PH3.
MS. VASQUEZ: Could you hear, when you went straight over to PH3, Mr. Depp and Ms. Heard yelling?
RAQUEL PENNINGTON: Sorry, "ill you repeat just the beginning of the question? You broke up a bit.
MS. VASQUEZ: When you went to penthouse 3, could you hear Mr. Depp and Ms. Heard yelling.
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you recall what they were saying to each other?
MS. VASQUEZ: Do you recall the door being locked to penthouse 3, when you got there?
RAQUEL PENNINGTON: The door was always locked.
MS. VASQUEZ: Did you have a key?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you use the key to open the door?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: I believe you previously testified that the penthouses 3, 4, and 5 were all connected; is that correct?
RAQUEL PENNINGTON: Correct.
MS. VASQUEZ: And, so, you can get from penthouse 5 to penthouse 3 without going out the main hallway; is that right?
RAQUEL PENNINGTON: Correct.
MS. VASQUEZ: When you entered penthouse 3, only Mr. Depp and Ms. Heard were in the penthouse, right?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Do you know where Mr. Depp was 1: standing?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Where was he?
RAQUEL PENNINGTON: In the living room.
MS. VASQUEZ: What part of the living room?
RAQUEL PENNINGTON: The - sort of like the entry. Like I the in-between from the kitchen to the living room.
MS. VASQUEZ: And where was Ms. Heard?
RAQUEL PENNINGTON: On the other side of the living room.
MS. VASQUEZ: Was she by the couch?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: And were they approximately -- how far apart?
RAQUEL PENNINGTON: Eight feet, ten feet.
MS. VASQUEZ: And they were both standing when you first came in?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What's the first thing you remember, Ms. Pennington, when you entered the penthouse.
RAQUEL PENNINGTON: The first thing I remember was just hearing them. I don't remember what they were saying, but it was a verbal argument and then he continued to yell and -- I went over to her and then stepped between them.
MS. VASQUEZ: Where was Mr. Depp when you stepped between them?
RAQUEL PENNINGTON: He -- the sofa is an L, in the corner of the living room. The coffee table fit into the L shape. Amber was on the far side, Johnny was on the other side of the L, with the coffee table between them.
MS. VASQUEZ: At some point, Mr. Depp's security team came in; is that correct?
RAQUEL PENNINGTON: Correct.
MS. VASQUEZ: And that was Jerry Judge and Sean Bett?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Where was Mr. Depp standing when they entered the apartment?
RAQUEL PENNINGTON: In the space between the living room and the kitchen.
MS. VASQUEZ: And you were with Ms. Heard on the sofa?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Mr. Depp eventually left penthouse 3 (indiscernible due to audio distortion); is that correct?
RAQUEL PENNINGTON: Eventually, yes.
MS. VASQUEZ: And he left you and Ms. Heard in penthouse 3?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: From the moment you entered penthouse 3 until Mr. Depp left, did you see Mr. Depp touch Ms. Heard?
RAQUEL PENNINGTON: I didn't see him touch her.
MS. VASQUEZ: Did you see him throw anything at her?
RAQUEL PENNINGTON: I didn't see him throw anything at her.
MS. VASQUEZ: What did you do after Mr. Depp left penthouse 3?
RAQUEL PENNINGTON: We took Amber to penthouse 1.
MS. VASQUEZ: Is that where Mr. Drew and Ms. Marz were?
RAQUEL PENNINGTON: I don't know where they were, specifically. I don't know if they were in different places or which apartment they were in.
MS. VASQUEZ: What did you do once you and Ms. Heard got back to penthouse 1?
RAQUEL PENNINGTON: She wanted her purse, so I asked Josh to go find her purse in PH3.
MS. VASQUEZ: Did you observe any property damage in any of the penthouses?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What damage did you observe in penthouse 3?
RAQUEL PENNINGTON: He had smashed a bunch of the - on his way out, I saw this. On his way out, he had knocked over a bunch of items that were on the kitchen island, fruit baskets and bottles and things like that. That was the main damage in PH3.
MS. VASQUEZ: What damage did you see in PH5?
RAQUEL PENNINGTON: In PH5, there were photos that had been smashed off the wall, items that I had been working on, on the table, that had been thrown against the wall, yeah.
MS. VASQUEZ: You also observed injury to Ms. Beard's I face, correct?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: What did you see?
RAQUEL PENNINGTON: Her cheek was red and swelling . ,5
MS. VASQUEZ: Do you recall when you noticed her cheek?
MS. VASQUEZ: But you didn't see how this occurred, right?
RAQUEL PENNINGTON: I didn't see.
MS. VASQUEZ: At some point, two police officers ! 12 arrived; is that correct?
RAQUEL PENNINGTON: At two points, two police officers
MS. VASQUEZ: Before the first set of police officers arrived. showed up, had you cleaned up any of the damage in penthouse 3 or 5?
RAQUEL PENNINGTON: I don't remember.
MS. VASQUEZ: Where were you when the police officers arrived, the first set?
RAQUEL PENNINGTON: PH3.
MS. VASQUEZ: Did you see Ms. Heard speak to the Did you see Ms. Heard speak to the
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did you see the officers enter penthouse 3?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did they look around penthouse 3?
RAQUEL PENNINGTON: Yes.
MS. VASQUEZ: Did they enter penthouse 5, the first set of police officers?
RAQUEL PENNINGTON: I'm not sure.
MS. VASQUEZ: Is it your testimony, Ms. Pennington, that the first set of police officers saw the damage you alleged Mr. Depp caused in the penthouse?
RAQUEL PENNINGTON: I don't know what they saw, but there was damage there.
MS. VASQUEZ: And another set of two officers came later that night; is that correct?
RAQUEL PENNINGTON: Correct.
MS. VASQUEZ: Between the first set of officers leaving and the second set of officers arriving, how much time had passed?
RAQUEL PENNINGTON: I don't remember exactly.
MS. VASQUEZ: Do you have an approximation of how much time had passed? An hour or two? Less than that?
RAQUEL PENNINGTON: Less than three.
MS. VASQUEZ: Three hours? Less than three hours?
RAQUEL PENNINGTON: Less than three.
MS. VASQUEZ: In thus time, do you recall cleaning up any of the damage to penthouse 3 or 5?
RAQUEL PENNINGTON: I don't recall.
MS. VASQUEZ: Do you recall Ms. Heard speaking to either of the second set of officers?
RAQUEL PENNINGTON: No. I don't remember if she did or not.
MS. VASQUEZ: Did these officers, the second set, look around penthouse 3?
RAQUEL PENNINGTON: I can guess, though, I don't know.
MS. VASQUEZ: Ms. Pennington, have you ever personally witnessed Mr. Depp physically attack Ms. Heard?
RAQUEL PENNINGTON: Yeah, can you be specific to physically attacked? Ms. Heard?
MS. VASQUEZ: Did you ever witness Mr. Depp strike
MS. VASQUEZ: Did you ever witness Mr. Depp throw anything at Ms. Heard?
RAQUEL PENNINGTON: I never witnessed him throw anything at her. Around her, yes.
MS. VASQUEZ: My question is, did you ever witness Mr. Depp throw anything at Ms. Heard?
MS. VASQUEZ: Did you ever witness Mr. Depp kick Ms. Heard?
MS. VASQUEZ: Did you ever see Mr. Depp physically , injure Ms. Heard, cause her an injury?
RAQUEL PENNINGTON: I didn't see it.
MS. VASQUEZ: So that's a no, right?
RAQUEL PENNINGTON: I didn't see it.
MR. ROTTENBORN: Your Honor, at this point, I start asking Ms. Pennington some questions, so we'll play that. But may we just approach?
THE COURT: Sure.
MR. ROTTENBORN: Just to get straight on some exhibits, please?
THE COURT: Okay.
THE COURT: All right.
MR. ROTTENBORN: I just thought, since in light of our conversation earlier, since we'll have to use, I guess, e-versions of these O exhibits, I'll just put them on the record, what I they are, and then we'll get the Court copies.
THE COURT: Okay. Sure.
MR. ROTTENBORN: So, the exhibits that we'll be redacting, in the way Your Honor directed this morning, will be 700B, 701B.
THE COURT: Okay. 701B.
MR. ROTTENBORN: 700B.
THE COURT: Okay.
MR. ROTTENBORN: 702B, 703B, 704B, 708B, 710B, 714B, 718B, 719B, 720B, 721B, 722B, 723B, and then, there's two exhibits that haven't yet been admitted into evidence.
THE COURT: Okay.
MR. ROTTENBORN: These are 797 and 799. They don't have metadata on them.
THE COURT: Okay. So they'll be as is?
MR. ROTTENBORN: They're both just e-versions of the picture of Ms. Heard, and I believe it's Jodi Gottlieb in the courthouse.
THE COURT: In the courthouse.
MS. VASQUEZ: In the courthouse. Do IO you have a picture?
MR. ROTTENBORN: I don't, but Ms. Meyers and I agreed that those would come in.
MS. MEYERS: The ones in the courthouse, that's fine.
THE COURT: So, no objection to any of those exhibits? All those in evidence.
MR. ROTTENBORN: And we'll get you copies.
MS. VASQUEZ: Thank you, Your Honor.
MR. ROTTENBORN: Sure. Thank you.
MR. ROTTENBORN: Thank you, Your Honor. Are we ready to start?
THE COURT: Yes. Sorry.
MR. ROTTENBORN: Now, I understand that you testified, a number of times, about some of the events that we touched on yesterday, right?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Has there ever been anything, in any of those prior sworn statements or testimony that you've given, that has prevented you from telling the truth?
MR. ROTTENBORN: And is all of your prior sworn I 6 testimony, including the testimony you gave yesterday, true and accurate, to the best of your knowledge?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Are you here today on behalf of one side or the other? And by that, I mean on behalf of Amber or on behalf of Johnny?
MR. ROTTENBORN: Are you -- would you consider yourself adverse or hostile to either party?
MR. ROTTENBORN: Any other time that you can remember?
RAQUEL PENNINGTON: Not specifically, no.
MR. ROTTENBORN: Was there a name for what you describe as Mr. Depp's different self?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: What was that name?
RAQUEL PENNINGTON: We called it "the monster."
MR. ROTTENBORN: Who is "we"?
RAQUEL PENNINGTON: All of us, me, Johnny, Amber, and anyone else in the inner circle that was privy to the private things that would happen.
MR. ROTTENBORN: How do you know that Johnny called it "the monster"?
RAQUEL PENNINGTON: He named it that.
MR. ROTTENBORN: You heard him refer to this other version of himself as "the monster," directly?
RAQUEL PENNINGTON: Either heard or saw it written in a text.
MR. ROTTENBORN: Did you receive texts from Mr. Depp referring to this other version of himself as the •3 monster?
RAQUEL PENNINGTON: I can't remember, specifically, any of them. Mr. Depp directly referring to himself as "the
MR. ROTTENBORN: But you do recall hearing or reading s monster"?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And why did you do that?
RAQUEL PENNINGTON: She asked for my help.
MR. ROTTENBORN: And over the course of your relationship, when Amber needed your help, you tried to be there for her, right?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: What do you mean by "scary"?
RAQUEL PENNINGTON: I was scared for Amber. I was sad for her, and I was also sad for Johnny because he is my friend too. And I really wanted them to be able to get it together.
MR. ROTTENBORN: Why were you scared for Amber?
RAQUEL PENNINGTON: He could be very unpredictable. And she didn't have a lot of self-preservation.
MR. ROTTENBORN: What specifically -- what type of harm were you worried about for Amber?
RAQUEL PENNINGTON: In the beginning, I wasn't worried. Towards the end, when the physical abuse was more evident, I was worried. I was worried for her physical safety. I was worried that when he turned, he might accidentally do something that was worse than he ever intended.
MR. ROTTENBORN: When you say -- talk about "abuse," is this signs of abuse that you personally observed?
RAQUEL PENNINGTON: Can you explain what you mean, specifically, by that?
MR. ROTTENBORN: Did you observe physical effects on Amber of that abuse?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: You testified a little bit yesterday about an incident between Johnny and Amber that took place in Hicksville.
MR. ROTTENBORN: Do you remember that?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Tell me, as best you can, everything that you remember about that.
RAQUEL PENNINGTON: We were sitting around the campfire, I don't remember who the larger group was, and Amber and Kelly Sue were sitting on a chair together, hugging, and Johnny came up and said, "Get your hands off my woman."
RAQUEL PENNINGTON: And it was surprising because it was a very benign, two friends sitting on the same chair, hanging out. And it was also surprising O because Johnny had been hanging out with everybody in a friendly way, and a switch flipped when that happened.
RAQUEL PENNINGTON: And Amber got up, went to go comfort Johnny and then -- and then they went back to their trailer.
MR. ROTTENBORN: How would you describe Johnny's tone when he said "get off my woman"?
RAQUEL PENNINGTON: At first, I thought it was a joke. I thought he was kidding because it was so unexpected from the way that the rest of the night had been going, and then at some point, I think Amber realized that it was not a joke and got up to defuse the situation.
MR. ROTTENBORN: Did you perceive Kelly Sue to be acting inappropriately in any way toward Ms. Heard?
MR. ROTTENBORN: Had you seen -- when you say "a switch I flipped" in Mr. Depp -- that was your testimony, right?
RAQUEL PENNINGTON: Just now?
MR. ROTTENBORN: Yeah, just now.
RAQUEL PENNINGTON: Yeah.
MR. ROTTENBORN: Was it surprising to you to see?
MR. ROTTENBORN: Why not?
RAQUEL PENNINGTON: He switched sometimes.
MR. ROTTENBORN: And what do you mean by that, when you say "he switched"?
RAQUEL PENNINGTON: Johnny would be acting, like, his wonderful self for a certain portion of an occasion where people were hanging out or sometimes just privately at home. And I never knew what caused it. A switch would happen to where he would either disappear, go somewhere off by himself, or his mood would change to something darker and -- yeah.
MR. ROTTENBORN: What do you recall, and we'll get to specific incidents in a little bit, but when you say "his mood would change to something darker," do you remember any specific examples of times that you witnessed when his mood would change to something darker?
RAQUEL PENNINGTON: I can't remember, at this moment, specific times. When it would happen, generally, In he would go away from where the rest of the people were, Amber would follow to comfort. Sometimes they wouldn't come back; sometimes they would.
MR. ROTTENBORN: Okay. And tell us about the next morning at Hicksville, what you saw and observed.
RAQUEL PENNINGTON: I went to the trailer to go knock on the door. I think they already left, tho ugh. I went in and saw the disarray.
MR. ROTTENBORN: Describe the disarray, as best you can.
RAQUEL PENNINGTON: Like I said yesterday, the light fixtures had been knocked off. Things were strewn about the trailer, cushions off the couch,
MR. ROTTENBORN: Over the course of -- now you've known Ms. Heard since 2003, right?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Have you ever known her to knock light fixtures off the wall?
MR. ROTTENBORN: Have you ever known her to throw pillows and cushions off couches?
MR. ROTTENBORN: Have you ever known her to get in a rage and destroy property?
MR. ROTTENBORN: Have you ever known her to threaten someone's life?
MR. ROTTENBORN: What did Amber tell you -- well, did you ever have a conversation with Ms. Heard about what happened in that trailer in Hicksville?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: I'd like to fast-forward a little bit in time, Ms. Pennington, to an episode that we, g, p talked about yesterday to some extent.
MR. ROTTENBORN: Do you remember being with Amber after something had happened the day before she went on the James Carden show, in December 2015?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: What do you remember? And I know this is painful and emotional but give me your best recollection of what you recall from that time period.
RAQUEL PENNINGTON: From the night before?
MR. ROTTENBORN: You were -- were you with Amber the night before the James Carden appearance?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And were you with her the day of the James Carden appearance?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And did you observe Ms. Heard and Ms. Beard's residence the day before the James Carden appearance and the day of the James Carden appearance?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: So, with that, tell me everything you, I?. I can remember, starting with the day before, and I _ may interrupt you and ask you to clarify certain
RAQUEL PENNINGTON: So, she asked me to come over to her things, but tell me everything you remember. residence, PH3 or PH5, I don't remember which one I entered, and she was very upset. Her face was red, swollen. The hair had been ripped out of her head. I went through all of the penthouses. She didn't cancel. I don't think I even slept that night, watching her, just to make sure she didn't --
MR. ROTTENBORN: Is that because you were worried she had a concussion?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Why did you tell her that you were going to go take pictures throughout the penthouses?
RAQUEL PENNINGTON: Why wouldn't I?
MR. ROTTENBORN: Ms. Pennington, I'm going to -- you saw a few selected pictures yesterday. I'm going to show you a number of pictures today that we to go through, and I'll ask you some questions.
MR. ROTTENBORN: About them, okay? AV TECHNICIAN: Are you able to see exhibit 15?
MR. ROTTENBORN: Yeah, I can see it.
MR. ROTTENBORN: Can you, Ms. Pennington?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Ms. Pennington, does this -- does this picture truly and accurately depict Ms. Heard's appearance on December 2015, during the night that you just discussed?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Do you know whether or not you took this picture?
RAQUEL PENNINGTON: I do not
MR. ROTTENBORN: And you were with Ms. Heard that evening after the incident?
RAQUEL PENNINGTON: I was.
MR. ROTTENBORN: What room was this taken in?
RAQUEL PENNINGTON: This is the bathroom of Johnny and Amber's bedroom in PH3.
MR. ROTTENBORN: What injuries, if any, do you observe on Ms. Heard in this picture?
RAQUEL PENNINGTON: Her right eye has a mark and a bruise. Her nose is swollen. There's bruising on her left eye as well.
RAQUEL PENNINGTON: AV TECHNICIAN: And Exhibit 16 is up.
MR. ROTTENBORN: What is this picture, Ms. Pennington?
RAQUEL PENNINGTON: It is a picture of Amber's face. That's bruising and a mark on her right eye, swelling on her nose, bruising on the left eye. In the same bathroom
MR. ROTTENBORN: And when was this picture taken?
RAQUEL PENNINGTON: I assume the same night
MR. ROTTENBORN: Is that the night of December 2015, that you've been testifying about for the last few minutes?
RAQUEL PENNINGTON: Yeah.
MR. ROTTENBORN: Do you see, behind Ms. Heard's left ear, there's a picture on the wall, and then a writing, a note above the picture?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: What is -- what is that note signed; if you can tell?
RAQUEL PENNINGTON: Steve.
MR. ROTTENBORN: To your understanding, who is Steve?
RAQUEL PENNINGTON: Johnny.
MR. ROTTENBORN: And what does it say right above that?
RAQUEL PENNINGTON: It says "Your Steve."
MR. ROTTENBORN: What's the line above that say?
RAQUEL PENNINGTON: Eternally. All, something, always up, three exclamation points. "Love you eternally, Your Steve."
MR. ROTTENBORN: And "Steve," in that note, refers to O the same man that you understood to have been inflicted these injuries on Ms. Heard, correct?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And does this picture truly and accurately reflect what you observed on Ms. Heard in that night, in December 2015?
RAQUEL PENNINGTON: Partially.
MR. ROTTENBORN: When you said "partially," what do you mean by that?
RAQUEL PENNINGTON: You can't see the rest of the injuries.
MR. ROTTENBORN: What other injuries are you referring to?
RAQUEL PENNINGTON: The hair being pulled out. AV TECHNICIAN: Exhibit 17 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: Amber's face turned at a slight profile with a bruise on her eye, swelling on her nose.
MR. ROTTENBORN: And when was this picture taken?
RAQUEL PENNINGTON: Appears to be the same night, the I moment of the previous two pictures.
MR. ROTTENBORN: Does this picture fairly and accurately depict, at least in part, Ms. Heard's appearance on that night?
RAQUEL PENNINGTON: Yes.
AV TECHNICIAN: Exhibit 18 is up.
MR. ROTTENBORN: What is this document, Ms. Pennington?
RAQUEL PENNINGTON: It's a photo of Amber's face with two black eyes and swollen bottom lip, swollen nose.
MR. ROTTENBORN: Did you take this photo?
RAQUEL PENNINGTON: I don't remember.
MR. ROTTENBORN: You said a swollen nose? /20
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Does this picture fairly and accurately depict, at least in part, Ms. Heard's appearance on that night, December 15, 2015?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Did you take pictures of Ms. Heard that night?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Do you believe that you took this picture?
RAQUEL PENNINGTON: I don't know. I 9
MR. ROTTENBORN: But in any event, it accurately reflects what Ms. Heard -- Ms. Heard's appearance from that evening?
RAQUEL PENNINGTON: Yes. AV TECHNICIAN: Exhibit 19 is up.
MR. ROTTENBORN: And I'm sorry, this is so hard, Ms. Pennington. We just need to get through it.
MR. ROTTENBORN: What is this picture?
RAQUEL PENNINGTON: This is Amber's face, turned to profile, showing more of her bottom bloody lip and her right bruised eye.
MR. ROTTENBORN: And what night does this -- or when does this show Amber?
RAQUEL PENNINGTON: It appears to be the same night and the same series of photos as before.
MR. ROTTENBORN: Where was this picture taken; if you know?
RAQUEL PENNINGTON: Oh, it's in the bedroom, facing the - she's sitting on the bed, and it's facing the windows.
MR. ROTTENBORN: Was anyone with you and Amber that night after you came over?
RAQUEL PENNINGTON: I don't think so, no.
MR. ROTTENBORN: So, is it fair to assume that either you or Amber took this picture?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Does it look like Ms. Heard took this picture?
MR. ROTTENBORN: Do you recall taking this picture?
RAQUEL PENNINGTON: I took a lot of pictures. It would be-yes.
MR. ROTTENBORN: Does Ms. Beard's lower lip look like it's just chapped?
RAQUEL PENNINGTON: No, it does not.
MR. ROTTENBORN: Does it look like she just has a cold j sore?
RAQUEL PENNINGTON: It does not look like a cold sore.
RAQUEL PENNINGTON: AV TECHNICIAN: Exhibit 20 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: This is a picture of the - of Amber's hairline, a scratch injury on the hairline, and my thumb holding the hair back so that you can see it.
MR. ROTTENBORN: Is this -- does this picture depict marks that you saw on Amber on the night in December 2015, that we've been discussing?
RAQUEL PENNINGTON: Or the next morning.
MR. ROTTENBORN: One or the other?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And, Lucas, if you could just go back, really quickly, to the last picture, please. Pennington 19.
MR. ROTTENBORN: I may have asked you this, Ms. Pennington, but I just want to make clear for the record. Does this picture fairly and accurately depict Ms. Beard's appearance on that I night on December 15, 2015, that we've been discussing?
RAQUEL PENNINGTON: Yes. AV TECHNICIAN: Exhibit 21 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: This is a close-up picture of the side of Amber's nose and mouth. She has --
MR. ROTTENBORN: Did you take -- go ahead. Go ahead.
RAQUEL PENNINGTON: She has swelling and an injury on her bottom lip.
MR. ROTTENBORN: Are there any other injuries you observe in this picture?
RAQUEL PENNINGTON: You can see -- you could see, at the top of the photo, bruising on her eye and a small mark underneath her -- underneath her bottom right lip.
MR. ROTTENBORN: Did Ms. Heard -- did she typically have that small mark underneath her eye or bruising around her eyes?
RAQUEL PENNINGTON: She did not usually have that small mark or bruising underneath her eyes. g y l
MR. ROTTENBORN: Did she typically have injuries to her lip?
RAQUEL PENNINGTON: Sometimes.
MR. ROTTENBORN: And over the course of your friendship with Ms. Heard, during the time that she was in a relationship with Mr. Depp, how often would you all communicate?
RAQUEL PENNINGTON: Sorry. Can you repeat that question?
MR. ROTTENBORN: During the time that Ms. Heard was in a , relationship with Mr. Depp, how often would you communicate with Ms. Heard? Like, every day?
RAQUEL PENNINGTON: When she was filming, less. When she was home, all the time.
MR. ROTTENBORN: And you just testified, I believe, it wasn't the only incident in which you observed injuries to Ms. Beard's face or lips, correct?
RAQUEL PENNINGTON: Correct.
MR. ROTTENBORN: Were there any other times that you ! observed injuries to Ms. Beard's face or lips?
RAQUEL PENNINGTON: Yes. AV TECHNICIAN: Exhibit 22 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: The picture is hair pulled back to show the abrasion on the scalp where hair has been removed.
MR. ROTTENBORN: Whose head is that?
RAQUEL PENNINGTON: That's Amber's head.
MR. ROTTENBORN: Was this -- do you know when this picture was taken?
RAQUEL PENNINGTON: Either the night of the event or the next day.
MR. ROTTENBORN: And by "event," you're referring to the event in December of 2015, that we've been talking about?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Do you recall taking this picture, Ms. Pennington, of Ms. Heard's scalp?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Does this picture fairly and accurately depict the top of Ms. Heard's scalp during the day of or at -- the day after the December 2015 incident that you've been giving testimony about?
RAQUEL PENNINGTON: Yes. AV TECHNICIAN: Exhibit 23 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: It's a picture of a clump of Amber's hair on the black carpet in the bedroom, PH4, with my finger there to show the scale of the hair.
MR. ROTTENBORN: Did you take this picture?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: When did you take this picture?
RAQUEL PENNINGTON: Either the night of the event - the night of the event, the December - the occurrence that we've been talking about.
MR. ROTTENBORN: You mean December of 2015?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And how did you know that that was Amber's hair?
RAQUEL PENNINGTON: Hair had been ripped out of her head. This is the color of her hair. It's her home.
MR. ROTTENBORN: And this, you said, was in the bedroom of penthouse 5?
MR. ROTTENBORN: Have you ever known Ms. Heard to pull out clumps of her own hair?
MR. ROTTENBORN: Did Ms. Heard ever paint on bruises or use makeup to make it appear as if she had a bruise when, in fact, she didn't, to your knowledge?
RAQUEL PENNINGTON: No. The opposite.
MR. ROTTENBORN: What do you mean when you say "the opposite"?
RAQUEL PENNINGTON: She often had to cover bruises and ill injuries on her face with makeup.
MR. ROTTENBORN: Did you see her cover bruises on her face with makeup?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Can we pull up the document entitled December 2015, ALH28_B, please.
MR. ROTTENBORN: What is this picture, Ms. Pennington?
RAQUEL PENNINGTON: It is a picture of Amber. She has a mark underneath her right eye. She has her coat and her shirt on. They're in the kitchen. She's in the kitchen of PH3.
MR. ROTTENBORN: Do you know when, or approximately when this picture was taken?
RAQUEL PENNINGTON: The day following the December event or the day after, maybe. I don't know exactly when.
MR. ROTTENBORN: And did you take this picture?
RAQUEL PENNINGTON: I don't know.
MR. ROTTENBORN: Does it fairly and accurately depict Amber's appearance on the day you described?
RAQUEL PENNINGTON: On one of the days following, yes.
RAQUEL PENNINGTON: AV TECHNICIAN: Exhibit 25 is up.
MR. ROTTENBORN: Do you know what this is a picture of, Ms. Pennington?
MR. ROTTENBORN: A. This is a picture of the nightstand on the right side of the bed in Johnny and Amber's J 14 bedroom in PH3. It has the lamp that's fallen Is down, book of rolling papers, half a lemon, plastic coffee mug of Infinitum Nihil, which is Johnny's production company, a bottle of Tums, a bottle of tea, broken glass, and a small, blue book. There's more, but I can't make out what that is.
MR. ROTTENBORN: Did you ever know Amber to break glass next to her bed?
MR. ROTTENBORN: What's your knowledge about Mr. Depp's tendency to break things made of glass?
RAQUEL PENNINGTON: My knowledge is that I saw him do it once, and then I saw the aftermath of him breaking glass many times.
MR. ROTTENBORN: And on that evening in December 2015, did you see -- that we've been discussing, did you see broken glass around the residence?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Let's go to the next picture, December 2015, ALH_509 _B.
MR. ROTTENBORN: You've seen this picture before.
MR. ROTTENBORN: What's this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: This is a picture of the platform bed in the bedroom of penthouse 4; the edge of the platform bed has a shard of wood that has broken off onto the floor.
MR. ROTTENBORN: Did you take this picture?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: When did you take it?
RAQUEL PENNINGTON: Either the night of the event of the next day.
MR. ROTTENBORN: And when you say "event," are you referring to -- what are you referring to?
RAQUEL PENNINGTON: The December 15th event that we've been speaking about.
MR. ROTTENBORN: You said December 15th. You mean December 2015?
RAQUEL PENNINGTON: Yeah, sorry. 2015.
MR. ROTTENBORN: And where is this bed in the residence?
RAQUEL PENNINGTON: This is in the penthouse 4. It's the middle penthouse between the main residence, PH3, Amber's closet, PHS. This is the -- one of the rooms that you walk through to get to -- to go through the upper story of the homes.
MR. ROTTENBORN: Have you ever known Ms. Heard to destroy a bed frame?
MR. ROTTENBORN: Have you ever known -- go ahead, sorry.
MR. ROTTENBORN: Have you ever known Ms. Heard to destroy furniture, generally?
MR. ROTTENBORN: Ms. Pennington, in all the photos that you have taken of evidence or incidents or the aftermath of incidents between Amber and Johnny, have you ever done anything to alter those photos or, you know, make them appear to depict something that wasn't actually there or wasn't actually real?
MR. ROTTENBORN: I want to talk about the day of the Late Late Show. When I say that, do you understand I'm referring to Amber's appearance on I the James Corden show? \1
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: The Late Late Show with James Corden. Were you with Amber when she got ready for her appearance on that show?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Who else was present?
RAQUEL PENNINGTON: Adir, who's her hairstylist, Melanie, her makeup artist, and Samantha, her stylist.
MR. ROTTENBORN: Were you there when her hair and makeup I I was being styled or put on before her appearance on James Corden?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Did you see anyone paint on a -- a wound on her lip or put makeup on her face to make it appear that there was a wound on her lip?
MR. ROTTENBORN: Did you observe anyone ripping clumps of her hair out of her head?
MR. ROTTENBORN: Ms. Pennington, did you -- to the extent that it's alleged that Ms. Heard had no injuries when she went on the James Corden show, what is your reaction to that?
RAQUEL PENNINGTON: My reaction is that that is a false ,16 assessment or statement.
MR. ROTTENBORN: And what's the basis for that s testimony?
RAQUEL PENNINGTON: Because I saw injuries on her body from the time directly after they happened, throughout the night, the next day, and as they continued to heal.
MR. ROTTENBORN: In the time that you spent with Johnny, did he ever express a similar sentiment, that he was a screw-up, or fuck up, in his words?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And what did you -- tell me what you can remember about the instances when he said that and what your understanding was of what he meant.
RAQUEL PENNINGTON: My understanding was that he was sorry and apologetic and - O
MR. ROTTENBORN: For what?
RAQUEL PENNINGTON: For his behavior.
MR. ROTTENBORN: When you say "behavior," what are you referring to?
RAQUEL PENNINGTON: Verbal arguments, physical arguments.
MR. ROTTENBORN: And that was what he made clear to you in things that he said to you; is that right?
RAQUEL PENNINGTON: What he made clear to me in our conversations was that he was very sorry, and that he was working to get clean and get better. And that he was asking for forgiveness and trying to think that he was going to get better.
MR. ROTTENBORN: Did you ever see him get better?
RAQUEL PENNINGTON: Yeah.
MR. ROTTENBORN: When?
RAQUEL PENNINGTON: Jot of times. permanently?
MR. ROTTENBORN: But did you ever see him get better
MR. ROTTENBORN: Your Honor, at this point, we start questioning Ms. Pennington about May 21st. We're happy to keep going, but if you wanted to take a break. I think we're about halfway through this volume.
THE COURT: Okay. Let's go ahead and take our morning recess for 15 minutes. Again, do not discuss the case with anybody and don't do any outside research, okay?
THE COURT: All right. Let's just come back at I 1 :00, then, okay?
MR. ROTTENBORN: 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?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Okay. •9
MR. ROTTENBORN: Thank you. I 10
THE COURT: All right. You can be seated.
THE COURT: Do you want to continue with your witness?
MR. ROTTENBORN: Yes, we'll resume with testimony of Raquel Pennington, Your Honor.
THE COURT: Okay. Thank you.
MR. ROTTENBORN: BY MR. ROTTENBORN:
MR. ROTTENBORN: I want to talk about the events of May 21st, 2016. Do you remember that night, Ms. Pennington?
RAQUEL PENNINGTON: Yes.
RAQUEL PENNINGTON: The evening of May 21st, 2016.
MR. ROTTENBORN: Walk us through what you recall about
RAQUEL PENNINGTON: So, in PHS, I was getting things ready ! for an art and craft show that I had, and making jewelry, and my friend Liz was there, Josh was there, Amber was helping. We were set up in the downstairs living room of PHS, and --
MR. ROTTENBORN: Liz Marz?
RAQUEL PENNINGTON: Liz Marz, yes.
MR. ROTTENBORN: And your fiance, Joshua Drew?
RAQUEL PENNINGTON: Right. At some point, we got a message from Johnny saying that he wanted to come over and talk or pick something up. I don't remember what the exact message was, and I thought it was a really bad idea, but you can't stop somebody from coming over to their own home. So Amber went upstairs to get ready for him to come over and, eventually, he showed up. I didn't see him show up. I didn't hear him show up. He went to PH3, and then at some point, I got a text from her, or I might have checked in, or got a te,.1 from her that said "come over.
RAQUEL PENNINGTON: So I tried to come over there and the door was locked, their front door was locked. So I went to go get my key. I have a master key - I had a master key to all of the apartments. And I came back, unlocked the door and he was yelling. I don't remember exactly what he was saying. And she was calling for help. And that had never happened before. Saying, help, help me.
RAQUEL PENNINGTON: I went and I cut through the space between the coffee table and the sofa, and I went up to him and he was yelling and yelling. And I just- I put my hands up on his chest and I was like, stop, just stop. Just trying to calm him down. And he hit my hands away, and so I just went straight over the Amber. She sat down on the couch. She was crying. And I just put my body over her and he came a little bit closer to us and he was yelling at her to, like, get up, or I don't y g , , g p, know, quit crying, or get up or something. And it was really loud and he was getting closer and closer. And I remember thinking there was this, like, big, orange, ceramic ashtray on the coffee table, and I was thinking, if he gets any closer, I was going to pick up that ashtray and hit him with it, because he was so close over us. And then, at that point, Jerry and Sean came in from the front door of PH3 and came in and they were like, boss, boss, you know, come on, let's get out of here. And Jerry always called him boss. He's like, boss, come on, come on, boss. Let's go, let's go.
RAQUEL PENNINGTON: And then Johnny grabbed like his bag, his leather bag off the stool that was by the island, and he had a big magnum bottle of wine and he was, like, smashing stuff off the island and yelling. I don't remember exactly what he was saying. And they finally, they finally left. And I could hear out in the hall just, like, banging and smashing clattering around. I was just holding Amber, sort of just waiting for it to pass and clear, until a little bit later. And then I think Josh came in.
MR. ROTTENBORN: Why did you get between and put your hands on Mr. Depp and get between him and Ms. Heard?
RAQUEL PENNINGTON: I just thought I could calm him down. I 1
MR. ROTTENBORN: And when he hit your hands away and Is then you went and laid on her, why did you do that?
RAQUEL PENNINGTON: Just the thing to do.
MR. ROTTENBORN: How would you describe Mr. Depp's mood?
RAQUEL PENNINGTON: Irate.
MR. ROTTENBORN: Were you afraid that Mr. Depp was going to hurt Ms. Heard?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And --
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: When he stood over you, you e 1119 testified a little bit to it, but describe what he was yelling as he stood over the couch.
RAQUEL PENNINGTON: I don't remember anything that he said. The statement that sticks out the most is that he was just yelling at her to get up. To get the fuck up.
MR. ROTTENBORN: Did you Jet her?
MR. ROTTENBORN: No. Where were you -- just to be clear, where were you when you received the message from Amber asking you to come over to penthouse 3?
RAQUEL PENNINGTON: In either PS - PH5 or PHI.
MR. ROTTENBORN: You weren't already in penthouse 3 when you got that text?
MR. ROTTENBORN: To the extent that there are allegations that you were lying in wait in penthouse 3, before Johnny walked into that penthouse, how do you respond to those?
RAQUEL PENNINGTON: That is not true.
MR. ROTTENBORN: I will also represent to you, Ms. Pennington, that Mr. Depp's lawyer has been quoted as saying "Amber Heard and her friend Rocky Pennington staged the May 21 crime scene to prove the abuse allegation against Johnny Depp." Is that statement true?
MR. ROTTENBORN: Did you stage anything about May 21st, 2016?
MR. ROTTENBORN: Did Amber stage anything, to your knowledge, about May 21st, 2016?
MR. ROTTENBORN: Describe for us the damage that you observed Mr. Depp cause to the penthouses, to penthouse 3.
RAQUEL PENNINGTON: In 3, stuff had been knocked off the kitchen counter. Stuff had been knocked off of the bar cart.
MR. ROTTENBORN: By whom?
RAQUEL PENNINGTON: By Johnny. I saw this happen on his way out. He was smashing stuff.
MR. ROTTENBORN: With his -- with what?
RAQUEL PENNINGTON: With the wine bottle.
MR. ROTTENBORN: What other damage can you remember Mr. Depp causing?
RAQUEL PENNINGTON: In the hallway, there was wine spilled - wine splash, spilled in the hallway. There was a dent on the outside of PHI 's door, front door. And then, in PH5, where we had been getting stuff ready for my craft fair, my jewelry and materials had been thrown against the wall, and everything that was on the table was, like, strewn off of the table, thrown down.
MR. ROTTENBORN: I'd like to go through with you some photographs of the incident that we talked about.
MR. ROTTENBORN: So can you pull up May 21, 2016, ALH7051, please.
MR. ROTTENBORN: While he's pulling that up, Ms. Pennington, did you or -- either yourself or anyone else, take photographs of the aftermath of this incident?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Who took photographs?
RAQUEL PENNINGTON: Josh Drew. That's the only person that I can say for sure.
MR. ROTTENBORN: Were you with Mr. Drew when he was taking the photographs?
RAQUEL PENNINGTON: I can't remember.
MR. ROTTENBORN: Did you go through the penthouses to see where the damage had been done?
RAQUEL PENNINGTON: Eventually.
MR. ROTTENBORN: Ms. Pennington, what is this a picture of; if you know?
RAQUEL PENNINGTON: This is a picture of the living room in PH5 with the back comer of the sofa. It has the beads that I had been working on and the stand that I used to display them thrown to the wall. Some of the beads are on the windowsill. The stand is broken. , I I
MR. ROTTENBORN: And did you -- does this fairly and accurately reflect damage that you saw to penthouse 5 on May 21st, 2016?
RAQUEL PENNINGTON: Yes. AV TECHNICIAN: Exhibit 30 is up.
MR. ROTTENBORN: What is this a picture of; if you know?
RAQUEL PENNINGTON: This is a picture of the - Johnny and Amber's bed, bedroom, bed, in PH3. It has several I photos, framed photos, stacked on it.
MR. ROTTENBORN: And do those photos appear to be intact?
RAQUEL PENNINGTON: These do, yes.
MR. ROTTENBORN: In your experience, did those photos normally sit on the bed?
MR. ROTTENBORN: Does this -- did you witness -- well, was this part of the aftermath of what Mr. Depp did in penthouse 3?
RAQUEL PENNINGTON: I didn't see him take these down, but they were not down before he came over.
MR. ROTTENBORN: Does it fairly and accurately depict what you witnessed the night of May 21st, 2016?
RAQUEL PENNINGTON: I didn't see this happen, but I did see this scenario.
MR. ROTTENBORN: You saw the pictures, that's my question. Does this fairly and accurately depict something that you personally saw on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: All right.
MR. ROTTENBORN: Let's pull up 7053, please.
MR. ROTTENBORN: So my question, Ms. Pennington, will be, what is this a picture of?
RAQUEL PENNINGTON: Can I - can the info thing move off to the side?
MR. ROTTENBORN: You know, no, I don't -- not in this version of the pictures. So I apologize for that. If you need it zoomed in or out.
RAQUEL PENNINGTON: I - it's the landing of one of the staircases.
MR. ROTTENBORN: And what do you see on the picture?
RAQUEL PENNINGTON: It's broken glass and something spilled O on the landing of one of the staircases. I can't tell if it's P3 or PS.
MR. ROTTENBORN: Okay. Does this picture fairly and accurately depict something that you observed on the night of May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Did you ever know Ms. Heard to smash glasses on staircases?
MR. ROTTENBORN: Did you find that question vague and ambiguous, Ms. Pennington?
RAQUEL PENNINGTON: AV TECHNICIAN: Exhibit 32 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: These are stairs, appearing of the same staircase, with broken glass on them.
MR. ROTTENBORN: Does this picture fairly and accurately depict something that you personally observed the night of May 21st, 2016?
RAQUEL PENNINGTON: Yes.
RAQUEL PENNINGTON: AV TECHNICIAN: 33 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: This is a picture of the floor mat in front of the doors that would lead out to the balcony of PH3, and it has a broken, looks like, top of a martini glass on it.
MR. ROTTENBORN: Did you see this glass or material around them being broken on the evening of May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And who broke this glass?
RAQUEL PENNINGTON: Johnny did.
MR. ROTTENBORN: And does this photo fairly and accurately depict something that you observed after Mr. Depp left penthouse 3 on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
RAQUEL PENNINGTON: AV TECHNICIAN: Exhibit 34 is up.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: This is the space between the cabinets and the refrigerator and the kitchen island. It has a rug on it and then it has a fruit basket and fruit on the ground.
MR. ROTTENBORN: And do you know who knocked that fruit on the ground?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Who?
RAQUEL PENNINGTON: Johnny.
MR. ROTTENBORN: And does this fairly and accurately depict damage that you saw on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
RAQUEL PENNINGTON: AV TECHNICIAN: Exhibit 35 is up.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: What is this a picture of, Ms. Pennington?
RAQUEL PENNINGTON: This is the landing of PH5 that Amber's office was set up on. And this is her desk and her files, and boxes have been overturned and there's papers all over the floor and ...
MR. ROTTENBORN: And is this how Ms. Heard normally kept her office area?
MR. ROTTENBORN: Does this fairly and accurately depict damage that you observed on May 21st, 2016?
RAQUEL PENNINGTON: Yes. I I AV TECHNICIAN: 36 is up.
MR. ROTTENBORN: Is this that same office area?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And is this an accurate depiction of what you observed on May 21st, 2016?
RAQUEL PENNINGTON: Yes. AV TECHNICIAN: 37's up. i p8
MR. ROTTENBORN: What is this a picture of, I Ms. Pennington?
RAQUEL PENNINGTON: This is a picture of two photos on the column, the staircase, leading up to Amber's office. The top photo is a group photo of Savannah, Whitney, I, myself, Amber, Erin, Brittany, Morgan. We were in London, the glass is smashed. The bottom photo is a photo of Amber and me in France.
MR. ROTTENBORN: Does this photo fairly and accurately depict damage that you observed on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
RAQUEL PENNINGTON: AV TECHNICIAN: 38 is up.
MR. ROTTENBORN: What is this a picture of?
RAQUEL PENNINGTON: A picture of a large bottle of wine on the floor.
MR. ROTTENBORN: On May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Is this the bottle he was swinging; if you know?
RAQUEL PENNINGTON: I don't know.
MR. ROTTENBORN: But it accurately depicts something you observed on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Did you -- did you notice you or Ms. Heard, or anyone that you were with, spilling damage?
MR. ROTTENBORN: And by "what is this a picture of," I meant the whole scene.
RAQUEL PENNINGTON: Oh. It's a picture on the floor.
MR. ROTTENBORN: Do you know what penthouse that is in?
RAQUEL PENNINGTON: Can you zoom out again, please.
MR. ROTTENBORN: Do you know who knocked this picture on the floor?
RAQUEL PENNINGTON: I didn't see it knocked down.
MR. ROTTENBORN: Did -- other than Mr. Depp, did you see anyone causing any damage or knocking anything down in any of the penthouses on May 21st, 2016?
MR. ROTTENBORN: And did you see Mr. Depp knocking things down?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Does this picture fairly and accurately describe something that you observed on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Okay. Can you describe -- did you see any injuries on Amber on May 21st, 2016?
RAQUEL PENNINGTON: Just a swollen, like, red, swollen cheek.
MR. ROTTENBORN: Let's pull up the May 21st, 2016, ALH7077, please.
MR. ROTTENBORN: And while he's doing that, did you -- I know we talked about pictures of damage in the penthouses. Did you take pictures of Ms. Heard that evening?
RAQUEL PENNINGTON: I don't remember if it was me or Josh.
MR. ROTTENBORN: Were you present when the pictures were taken of Ms. Heard on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Does this picture fairly and accurately reflect observations you made of Ms. Heard on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
RAQUEL PENNINGTON: AV TECHNICIAN: 42 is up.
MR. ROTTENBORN: What is this picture, Ms. Pennington?
RAQUEL PENNINGTON: This is Amber's face; it's red. The right cheek and eye is more red and swollen - her right, my left.
MR. ROTTENBORN: Does this fairly and accurately depict l Ms. Heard's condition that you observed that Is l evening?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Can you pull up 7083, 's please.
MR. ROTTENBORN: What is this a picture of?
RAQUEL PENNINGTON: This is Amber's face, turned at a ! slight profile, her eye is red and bruised. The I side brow, temple, and cheekbone.
MR. ROTTENBORN: Does this fairly and accurately depict Ms. Heard's condition that you witnessed on May 21st, 2016?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And were you present when police arrived?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: What -- were there two sets of police officers?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And what penthouse did they come in?
RAQUEL PENNINGTON: Penthouse 3, both times.
MR. ROTTENBORN: How chose were you to the police officer?
RAQUEL PENNINGTON: In the same room.
MR. ROTTENBORN: Could you see damage that he caused while you were standing there when the police officers were present?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Did you ever hear Ms. Heard say-- express any financial motivations for wanting to remain in this relationship with :Mr. Depp?
MR. ROTTENBORN: Did Ms. Heard ever express that if she went public against -- with what happened on May 21st, 2016, that she's said to gain financially by doing so?
MR. ROTTENBORN: Now, at some point after May 21st, 2016, Ms. Heard filed for divorce from Mr. Depp, right?
RAQUEL PENNINGTON: Correct.
MR. ROTTENBORN: And at some point, she filed for a domestic violence restraining order against him; is that right?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And I'm going to come back to that line of questioning in a second. But before I forget, you mentioned Jeny and Sean Bett on the night of May 21st, right? Was there a space in the upper -- the floor of the ECB, where they would wait for Mr. Depp when he was in one of the penthouses?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And what was that space?
RAQUEL PENNINGTON: We called it "the guard shack," and it was in a vestibule separate from the penthouses, except that a door from the vestibule also connected to the door of the patio of PHS.
MR. ROTTENBORN: Was the -- okay. Was it -- if someone were in the vestibule, or the guard shack, as you've called it, would they have seen you go into penthouse 3 when Amber requested that you do so?
MR. ROTTENBORN: Did you see Jeny or Sean or any security guards when you entered penthouse 3 that evening?
MR. ROTTENBORN: Okay. Going back to the domestic violence restraining order. when she got that order? Did you accompany Ms. Heard to court
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: I'd like you to pull up, please, May 2016, CourtPennington 1292, please.
MR. ROTTENBORN: While he's doing that, do you know if I Ms. Heard wore any makeup that morning?
RAQUEL PENNINGTON: I don't remember seeing her put on any makeup.
MR. ROTTENBORN: Was that rare, for Ms. Heard not to wear makeup?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: What is this a picture of?
RAQUEL PENNINGTON: This is Amber and Jody, her publicist, sitting on the bench in the hallway waiting room of the courthouse.
MR. ROTTENBORN: When?
RAQUEL PENNINGTON: The day that the restraining order was filed.
MR. ROTTENBORN: Do see any injuries on Ms. Heard?
RAQUEL PENNINGTON: I do.
MR. ROTTENBORN: Describe what you see?
RAQUEL PENNINGTON: On her cheekbone, right cheekbone, is a bruise.
MR. ROTTENBORN: And how long after May 21st was this, approximately?
RAQUEL PENNINGTON: I don't know. I don't remember.
RAQUEL PENNINGTON: Matter of days, weeks?
RAQUEL PENNINGTON: Less than a week.
MR. ROTTENBORN: Did you ever see any makeup artist paint on this bruise, put a fake bruise on Ms. Heard's face?
MR. ROTTENBORN: Can you, please, pull up Pennington 1295, please.
MR. ROTTENBORN: And before -- actually, before we do.
MR. ROTTENBORN: Does this picture fairly and accurately depict Ms. Beard's condition the morning she or the day she applied for the domestic violence restraining order?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Do you know whether you took this picture?
RAQUEL PENNINGTON: To the best of my recollection, I took that.
MR. ROTTENBORN: Okay. And I'm going to ask you the IO same thing about this next picture, 1295.
RAQUEL PENNINGTON: To the best of my recollection, I took that.
MR. ROTTENBORN: And does that fairly and accurately depict Ms. Beard's condition on that morning?
RAQUEL PENNINGTON: Yes.
RAQUEL PENNINGTON: AV TECHNICIAN: 46 is up.
MR. ROTTENBORN: What is that a picture of?
RAQUEL PENNINGTON: It is Amber, slight profile, in the same courthouse, but now her hair is behind her ear. You can see a picture of a bruise on her cheekbone. She looks like a skeleton.
MR. ROTTENBORN: Did you take this picture?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Based on your personal knowledge, is there any truth to the allegation that Amber did this because she's "a gold digger"?
MR. ROTTENBORN: Ms. Pennington, you came to understand, at some point -- well, at some point, did you learn that Mr. Depp had lost the tip of his finger in Australia?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: And what is that other way that you learned that Mr. Depp had cut the tip of his finger off?
RAQUEL PENNINGTON: He showed it to me.
MR. ROTTENBORN: In addition to showing you, how did you learn, from Mr. Depp, that he had cut off the tip of his own finger?
RAQUEL PENNINGTON: He told me.
MR. ROTTENBORN: What did he tell you?
RAQUEL PENNINGTON: Said I don't remember how he said he cut the tip of his finger off, but while the nurse was dressing it, I wanted to see it. I also had a very small injury on the tip of my finger, and I continued to see it throughout its healing process. But I don't remember how he told me how he cut it off.
MR. ROTTENBORN: But you remember that he told you that he cut it off?
RAQUEL PENNINGTON: Yes.
MR. ROTTENBORN: Ms. Pennington, I'll finish where we started, which is you've given a number of -- O you've testified a number of times about the events that we talked about today, and I really appreciate you being here today and talking about these. I know it was tough and it was emotional I at times. Is there anything that you would change I about any of the testimony that you've given In today, or previously, about any of these events?
RAQUEL PENNINGTON: No. I,
MR. ROTTENBORN: And you've done your best, every time you've testified about this, to tell the full truth about everything that you know, everything that you saw, everything that you heard, everything that you've observed, right?
RAQUEL PENNINGTON: I have done the very best to tell the absolute truth, exactly as I remember it, at all of the points in time.