Isaac Baruch — Direct/Cross
1,186 linesTHE COURT: Your next witness.
MS. LECAROZ: Good morning, Your Honor.
THE COURT: Good morning, ma'am
MS. LECAROZ: The plaintiff calls Isaac Baruch.
THE COURT: While we're waiting, can you spell his last nan-e for the court reporter.
MS. LECAROZ: Yes, B-A-R-U-C-R
THE COURT: Thank you, Isaac Baruch.
CHRISTI DEMBROWSKI: Witness called on behalf of the Plaintiff and Counterclaim Defendant, having been first duly sworn by the Clerk, testified as follows:
CHRISTI DEMBROWSKI: There's a thing here, transcript
THE COURT: You can put it down. And bring the microphone close to you, please. Thank you
MS. LECAROZ: Good morning.
ISAAC BARUCH: Morning.
MS. LECAROZ: Would you state your name for the record, please.
ISAAC BARUCH: My name is Isaac Baruch, I-S-A-A-C, B-A-R-U-C-R
MS. LECAROZ: Mr. Baruch, where do you currently live?
ISAAC BARUCH: I live in Los Angeles.
MS. LECAROZ: Do you know the plaintiff in this case, Johnny Depp?
ISAAC BARUCH: Yes.
MS. LECAROZ: How do you know Mr. Depp?
ISAAC BARUCH: I've known him since teenagers. We met in Florida.
MS. LECAROZ: And could you tell the jury a little bit about your experience meeting Mr. Depp when you were teenagers in Florida?
ISAAC BARUCH: Yeah. We were both playing in bands. We had mutual friends, and we met in, probably, 1980, and, yeah, we hit it off. We got along with each other. And, yeah, that's ...
MS. LECAROZ: How often did you see Mr. Depp when you were teenagers together in Florida?
ISAAC BARUCH: Few times a month. I'd say it could be more, a little more or whatever, because, you know, we'd see each other at parties, and clubs, nightclubs where the bands played. Yeah, like that.
MS. LECAROZ: And for how long were you both living in Florida and seeing each other somewhat regularly?
ISAAC BARUCH: Well, we met in, like, 1980, so, and then we both moved away. He moved to California, I moved to New York. What was that, 80 -- from to '83. What was that, like four years?
MS. LECAROZ: What were your impressions of Mr. Depp while you were both living in Florida at the same time?
ISAAC BARUCH: He was a sweet kid, a sweet guy.
THE COURT: Sir, wait, there's an objection.
MS. BREDEHOFT: What his impressions were back then?
THE COURT: What's the relevance?
MS. LECAROZ: Just establishing the background of the relationship, Your Honor.
THE COURT: I'll sustain the objection.
THE COURT: Next question, please.
MS. LECAROZ: Mr. Baruch, did there come a time when Mr. Depp moved away from Florida?
ISAAC BARUCH: Yeah.
MS. LECAROZ: Where did he move to, if you know?
ISAAC BARUCH: Like I said before, he moved to California.
MS. LECAROZ: At some point in time, did you also move to California?
ISAAC BARUCH: Yes.
MS. LECAROZ: And did you recollect with Mr. Depp when you got there?
ISAAC BARUCH: Yeah.
MS. LECAROZ: Around what time was that?
ISAAC BARUCH: Sometime during the first year. And then afterwards, after the first year or more and p stuff, yeah.
MS. LECAROZ: About what year would you say that was?
ISAAC BARUCH: Oh, I moved to California in September of'85.
MS. LECAROZ: And did you know if Mr. Depp was working when you arrived in California in 1985?
ISAAC BARUCH: Well, I knew he was pursuing acting at that time. Yeah, he's looking for work because he's pursuing acting.
MS. LECAROZ: How often did you see Mr. Depp when you first moved to California?
ISAAC BARUCH: Well, like I said, the first year, a few times. Afterwards, I had a friend who - whose girlfriend lived in the same building as Johnny, and that - so, then hanging out over there, I ended up seeing Johnny more often. And, plus, my friend, who I'm talking about, who - whose girlfriend lived in the same building, he was playing in a band and they needed another guitar player and Johnny ended up joining the band. So, we were hanging out a lot more often.
MS. LECAROZ: What were you doing when you moved out to California?
ISAAC BARUCH: I was pursuing music also. working retail jobs and trying to get a band, make a band, you know.
MS. LECAROZ: Did there come a time when you began working for Mr. Depp?
ISAAC BARUCH: Oh, yeah, yeah, yeah.
MS. LECAROZ: When was that?
ISAAC BARUCH: Oh, that's later on. That's, like, in 1993.
MS. LECAROZ: What were you doing for Mr. Depp when you started working for him in 1993?
ISAAC BARUCH: Well, he owned a place called the Viper Room and -- which is a music venue, nightclub, bar, and bands play, and it was already open for six months, and the girl who was working -- the person who was working the -- as office manager didn't want to work there anymore. So the guy who was running the place for Johnny, who was a friend named Sal Jenco, another Florida friend from back in 1980, when we all three first meet. He calls me up and he says, hey, Isaac, do you want to work this job?
MS. BREDEHOFT: Your Honor, hearsay.
THE COURT: I don't think it's offered for the truth of the matter.
MS. BREDEHOFT: Your Honor, it's --
THE COURT: That's fine. I'll overrule the objection.
MS. LECAROZ: At some point in time, did you stop working at the Viper Room for Mr. Depp?
ISAAC BARUCH: Yes.
MS. LECAROZ: W'hen was that?
ISAAC BARUCH: I worked from to '98. in '98, I moved away.
MS. LECAROZ: Did you return to LA, again, at some point?
ISAAC BARUCH: Yes, I did.
MS. LECAROZ: When was that?
ISAAC BARUCH: I moved back in December of 2002.
MS. LECAROZ: What did you do for work when you returned to LA?
ISAAC BARUCH: Well, for two weeks, I worked at an art gallery, and then I went back to the Viper Room on New Year's Eve.
MS. LECAROZ: How long were you working at the Viper Room at that point in time?
ISAAC BARUCH: It was another year, and then the place changed hands.
MS. LECAROZ: Were you working on anything else while you were working at the Viper Room, in that time frame?
ISAAC BARUCH: Yes, I was work- sidewise, I was teaching myself art.
MS. LECAROZ: And what steps were you taking to teach yourself art at that time?
ISAAC BARUCH: Books, learning how to draw and paint, and taking community college classes.
MS. LECAROZ: At some point in time, did you begin pursuing art at a -- on a full-time scale?
ISAAC BARUCH: Yeah. Yeah, yeah.
MS. LECAROZ: How did that come about?
ISAAC BARUCH: Well, working at the Viper Room, taking classes, and then at one point, the club changed hands, completely, after a year, 2004, and I was given a choice of either keep working for these new owners or Johnny, out of his pocket, was going to give a severance pay to whoever didn't want to work there anymore.
ISAAC BARUCH: So I took the severance pay, and then it helped me to continue on to finish community classes, private classes, and then be able to transfer to Cal State University.
MS. LECAROZ: And did you get a degree from Cal State University?
ISAAC BARUCH: Yes, I did.
MS. LECAROZ: What degree was that?
ISAAC BARUCH: BFA.
MS. LECAROZ: What year?
MS. LECAROZ: After you received your BF A, did you continue to pursue art full-time?
ISAAC BARUCH: Yeah.
MS. LECAROZ: Did Mr. Depp ever express an interest in your art?
ISAAC BARUCH: Yes.
MS. LECAROZ: When was the first time that happened?
ISAAC BARUCH: Well, first time he saw a painting in 2008, and then the next time was 2012, I had made a painting and sent it to my best friend, email, in an email, and he forwarded it to Johnny and Johnny emailed back saying, hey, when Isaac wants to sell that, whenever he wants to sell that, to go ahead and get in touch with me because I want to buy it.
MS. LECAROZ: Did Mr. Depp ever buy that painting?
ISAAC BARUCH: No.
MS. LECAROZ: Why not?
ISAAC BARUCH: Because when I brought over paintings, I had moved back to California, and I brought over a bunch of paintings for him to look at and see if he wants any, to buy any, and he looked at me and said, I've got an idea, how about I be your patron and we put together an art show, make a body of work, and then I'll throw a party and invite people and I'll sell the stuff for you and you can keep all the money.
ISAAC BARUCH: So he didn't buy any paintings then; instead, he offered me a complete patronship.
MS. LECAROZ: So what did you understand he meant by becoming your patron?
ISAAC BARUCH: Well, he was going to financially make it possible for me to just paint every day and put together a body of work so that way, then, it could be sold.
MS. LECAROZ: How did he plan to do that?
MS. BREDEHOFT: Objection to what he planned on doing.
MS. LECAROZ: What did you understand he planned to do to make that possible for you?
ISAAC BARUCH: Well, I could tell you that what it included was that the next day, I ended up moving into - I moved into an art studio penthouse at the Eastern Columbia Building. It was, listen, I've got a place for you to go ahead and live and work and put this body of art together, and I'll take care of you. You don't have to worry about anything.
MS. LECAROZ: And what was the place where you were going to live, that Mr. Depp offered you?
ISAAC BARUCH: The Eastern Columbia Building.
MS. LECAROZ: Did you take him up on that offer to live at the Eastern Columbia Building?
ISAAC BARUCH: Yeah, of course.
MS. LECAROZ: And how did that make you feel?
ISAAC BARUCH: I started crying. It was, you know, one day you're in your mother's garage selling paintings for a hundred dollars, two hundred dollars, three hundred dollars on eBay. Next thing you know, it's an art show and, like, you don't have to worry about diddlysquat. Of course, of course. I was flipping out.
MS. LECAROZ: When did you move into the Eastern Columbia Building?
ISAAC BARUCH: The next day after we met and we talked . The next day. The next day, I get a phone call from a guy named Kevin Murphy, who was working for Johnny, and I go -- he says, hey, meet me at this address. And I go and I meet him and here I am, in front of this building. This is a beautiful building. This is like, you know, it's whatever, 13 floors, but it's, like, from the 1930s, some art deco. Beautiful building. I'm looking, I was like, all right, this is unreal. It's going to be - you know, it's going to be one of these apartments, whatever, one of these places here. I go in with Kevin Murphy, he takes me all the way up to the roof. We go into penthouse 2, and this - I walk in and I'm, like, crying, going this is - it's beautiful. This is like a mansion situation to me.
MS. LECAROZ: Mr. Baruch, how long did you end up living at the Eastern Columbia Building?
ISAAC BARUCH: Three years and seven months.
MS. LECAROZ: Your Honor, I would like to show the witness Plaintiffs Exhibit 116.
THE COURT: All right. 116.
ISAAC BARUCH: Am I looking at something?
THE COURT: You will in a second, sir.
THE COURT: It's not on the screen. Paper copy. We're just going to pull up a paper copy for the moment. We can see it, but he can't see it.
THE COURT: All right.
ISAAC BARUCH: Thank you.
THE COURT: We'll just use a paper copy. We'll get this resolved at lunchtime.
MS. LECAROZ: Thank you, Your Honor.
THE COURT: Uh-huh.
MS. LECAROZ: Mr. Baruch, do you recognize the paper that you're looking at as Plaintiffs Exhibit 116?
ISAAC BARUCH: Yeah.
MS. LECAROZ: What is it?
ISAAC BARUCH: This is the floor plan of the roof or the penthouses up on the roof at the Eastern Columbia.
MS. LECAROZ: And that's the building where you lived starting in March 2013; is that right?
ISAAC BARUCH: I moved in the first week of March 2013, yeah.
MS. LECAROZ: Your Honor, at this time, I would like to move into evidence Plaintiffs Exhibit 116, please.
MS. BREDEHOFT: No objection, Your Honor.
THE COURT: Okay. 116 into evidence. Publish it to the jury.
MS. LECAROZ: I'm sorry, Your Honor.
THE COURT: Yeah, they can see it and the gallery can see it. We'll just have to work on the other screen.
MS. LECAROZ: Thank you, Your Honor.
THE COURT: Uh-huh.
MS. LECAROZ: Mr. Baruch, can you describe for the jury what's depicted here in Exhibit 116?
ISAAC BARUCH: Yeah. So, the right side of this graph is, there's a pool there, there's another top of another apartment, that actually starts on the floor below, it's a two-story apartment. But there's a pool there and there's a gym, workout room. And the left side, there's, at the bottom, there's an X, and that's the elevator. And so, you walk out of the elevator, you make a little left, and there's part of penthouse 5, right there, straight ahead. And then you keep walking straight, and then you make a left, a sharp left, and the actual penthouse 5 is straight ahead.
ISAAC BARUCH: And then you hang a right and you walk - start walking up that way, on your right is going to be penthouse 1, on your left is going to be penthouse When you get to the end of that corridor, is the door for penthouse 3. And if you hang a right - oh, look, there it is. It came up on the screen. If you hang a right and you go down to the end, is the door to penthouse 2. That's the apartment that I lived in.
MS. LECAROZ: And who did you understand owned these penthouses?
ISAAC BARUCH: Oh, Johnny owned them all.
MS. LECAROZ: Which one did you live in?
ISAAC BARUCH: Penthouse 2.
MS. LECAROZ: Was anyone else living in the penthouses at the time that you moved in, in March 2013?
ISAAC BARUCH: No. I was the first one to move in. I moved in the first week of March, and then a couple of weeks later, two, three weeks later, then Johnny and Amber moved in. And then after that, the next one to move in is Rocky, Raquel Pennington, Amber's friend. And then, at some point, her sister moved in, Whitney, and, also, at some point, Rocky's boyfriend moved in with her in penthouse 1.
MS. LECAROZ: So, I believe you just testified that Mr. Depp and Ms. Heard moved in shortly after you moved in; is that right?
ISAAC BARUCH: Yes.
MS. LECAROZ: And which penthouse did they move in to?
ISAAC BARUCH: Penthouse 3.
MS. LECAROZ: And then you testified, I believe, that someone named Rocky Pennington moved in?
ISAAC BARUCH: Yes.
MS. LECAROZ: Who is Rocky Pennington?
ISAAC BARUCH: Amber Heard's friend from Texas. I think they- I don't know, I'm not sure if they told me that they moved out there together or something like that. But, yeah, her friend.
MS. LECAROZ: And later, you said that her boyfriend moved in with her.
MS. LECAROZ: What was his name?
ISAAC BARUCH: Josh, Josh Drew.
MS. LECAROZ: And which unit did they live in?
ISAAC BARUCH: Penthouse 1.
MS. LECAROZ: I believe you also said that Whitney moved in.
MS. LECAROZ: Who was Whitney?
ISAAC BARUCH: Whitney Heard. She's married, so she's got a different last name, I'm not sure what it is. But Amber's sister, Whitney.
MS. LECAROZ: And which of the units did Ms. Heard's sister live in?
MS. LECAROZ: Can you tell the jury a little bit about your relationship with Ms. Heard, Ms. Pennington, Mr. Drew and Ms. Heard's sister?
ISAAC BARUCH: Yeah, I was friends with all of them. I loved them all. They all treated me with respect. We had - it was great. You know, I'm an old-time friend of Johnny's, living there, and we're all looking out for each other. We became great friends. I fell in love with all of them.
MS. LECAROZ: When you moved in to penthouse 2, you were working on an art show with Mr. Depp, right?
ISAAC BARUCH: Yeah. That's the entire reason that I'm there, is to work and put together this art
MS. LECAROZ: Did you have a time frame that you were expected to be able to put on that art show?
ISAAC BARUCH: At first, when we first powwowed this idea, when we talked about, all right, what do we do? What's this show going to be? How many paintings is it going to be? We came up with a number. Okay, there's going to be a certain body of work. I'm not- I'm not a known person, I'm O just some schmuck painter. If I was a famous painter, I could make five paintings and the room would fill up. So we decided, okay, like, 25 pieces of work, large scale, and Johnny says, hey, how long do you think this will take? I said, I've never done it before, I don't know, maybe a few months.
MS. LECAROZ: And were you able to complete the paintings in a few months?
ISAAC BARUCH: No. It took me - in order to make two large-scale paintings, it took me, like, almost two months. And I start freaking out, going, I've only got two paintings. And, all right, I've got to do 25, I said a few months. So I ended up going to Johnny's place and saying, hey, look, dude, this is going to take a lot longer than a few months. I could only make two paintings.
MS. LECAROZ: And how did Mr. Depp react?
ISAAC BARUCH: He looks at me and he starts laughing and he says "Ike, don't worry. I do not care. I just want you to paint, however long it takes. Just I want you to paint every day."
MS. LECAROZ: During the course of the time that you were living at the Eastern Columbia Building, did Mr. Depp ever give you any money?
ISAAC BARUCH: Yeah.
MS. LECAROZ: How much did he give you?
ISAAC BARUCH: Over a period of four years, of the patronship, I ballpark, calculate probably around a hundred thousand.
MS. LECAROZ: And how did you come up with that amount?
ISAAC BARUCH: Well, from the first- from the first get-go, when I said, hey, look, I need dough to, you know, buy stuff and do this, I ended up getting an envelope the next day with $5,000 in it. And then I budgeted and stretched it out, you know. And, so, every few months, I'd get an envelope. It could - I didn't know if it was going to be the same amount, but it ended up being the same amount, which was, wow. So, basically, around five grand every few months. So, in a year, that's 20 grand. But then, also, there's maybe a year or two, might have been that, it was five times I had to ask for dough, or it was four. And then on top of it, so, right there, that could be 80 grand or 90 grand.
ISAAC BARUCH: And then on top of that, I ended up getting a herniated disc. He sent me to the doctors to get an MRI and see the doctor, get an MRI, and there was ten weeks of therapy that he covered. So I throw that in there too. And I ended up coming up with a figure of a hundred grand. Could be a little less, could be a little more.
MS. LECAROZ: What was your understanding of whether Mr. Depp intended to be paid back for the money that he provided to you?
ISAAC BARUCH: Oh, there's no -- that's not even the thought of being paid back. This was something that he wanted to see happen. This is something he invested in. He knew that he was going to spend money to make it happen, for me to survive and paint and create this thing that he wanted to see because he liked the art. And, so, there was -- and there was no pay back. The whole thing was about him selling the art so that way I -- so that way I keep all the money. He didn't expect anything. It was his doing this as a friend, as he's done with many other friends.
MS. BREDEHOFT: Objection, Your Honor. Hearsay. And move to strike.
THE COURT: I'll sustain the last I 6 sentence of his statement.
MS. BREDEHOFT: And could you explain to the jury what striking means?
THE COURT: We've done that, but that's fine. Thank you.
MS. LECAROZ: Thank you, Your Honor.
MS. LECAROZ: Mr. Baruch, did there come a time when you decided that you planned to pay Mr. Depp back?
ISAAC BARUCH: Oh, yeah. That, for me, when - he's told me he had a money situation going on. For me, it was, like, this guy just changed - he's been making it possible for me to live and work and make product, and by that expense, I'm part of the problem. It's like, how do I help him? How can I help him? I mean, he's sharing his sandwich with me, you know. It's like, if I - how do I share that - my sandwich with him? Give him that half to make something up. You don't not do anything.
ISAAC BARUCH: And so, the only thing I got is paintings. So I stood up, when he's telling me what he's telling me about his money situation, and for me, I said, hey, this is - if these things ever sell, we've got to split this 50/50, and I ain't taking no for an answer, something. I've got to put something into this.
ISAAC BARUCH: So, for me, I looked at it like, he's got - he has to get something back.
MS. LECAROZ: Mr. Baruch, during your time living at the Eastern Columbia Building, did you develop a relationship with the defendant in this case, Ms. Heard?
ISAAC BARUCH: Yeah.
MS. LECAROZ: And did you get along with Ms. Heard?
ISAAC BARUCH: I loved her. I fell in love with her, just like Johnny fell in love with her. I fell in love with her. She's totally respectful, gracious to me. She's got great teeth that -- she treated me with complete respect. Anytime I walk into the -- the humor, like total locker room humor, demented humor. Totally laughed at, you know, the jokes, made the jokes, totally got along with her. Every time I walked into that place, Isaac, you want something to eat? Isaac, you want something to drink? Every time.
ISAAC BARUCH: There's only one time I remember she didn't offer because I walked in and she's in the kitchen at the counter and she's doing a beauty facial mask and, so, she can't offer me. And I'm going, hey, is that something that can help me? And she look at me and she goes, "No."
ISAAC BARUCH: And I'm laughing and then she laughed after because she didn't realize she was making a joke. So, yeah, I loved her.
MS. LECAROZ: Mr. Baruch, did Ms. Heard ever visit you in your penthouse? f 6
ISAAC BARUCH: Yeah.
MS. LECAROZ: Do you recall the first time that she visited you there?
ISAAC BARUCH: Yes.
MS. LECAROZ: When was that?
ISAAC BARUCH: The first time is that -- it's in March, when they moved in, and they were there for a couple of days and I didn't even know. And Johnny called me, says, hey, come over, meet my girl and that. And so, I did. And then the next day, they came over to my place for the first time to see how I had set up the art studio, the lights, and, you know, my paintings set up and stuff, and to look at other paintings. They walked in, and I remember the first thing she said was, I hope we didn't keep you up last night because of all the yelling. I looked at her and said, no, these walls are, like, three feet thick. I didn't hear diddlysquat.
MS. LECAROZ: How did she seem when she said that to you?
ISAAC BARUCH: Semi joking and inquisitive, you know, to find out.
MS. LECAROZ: In your three and a half years living at the Eastern Columbia Building, did you have opportunity to observe Mr. Depp and Ms. Heard's relationship?
ISAAC BARUCH: Yeah.
MS. LECAROZ: Can you describe what you observed about their relationship?
ISAAC BARUCH: They were always loving with each other. They treated each other like gold. You know, kissing and, you know, what can I get you type of thing, you know. Being kind with each other. Always loving. Always a loving situation.
MS. LECAROZ: How often would you say you interacted with Mr. Depp and Ms. Heard?
ISAAC BARUCH: If they were there, because they're traveling, they're doing - they're working and doing stuff. If they were there, I saw them maybe two, three times a week. Maybe there might be one time a week that I see them, that I go over to hang out or, you know, see them, or they might come -- or Johnny might come over to visit or, you know. Like that.
MS. LECAROZ: Since you've known them, did you ever see them get physically violent with each other?
ISAAC BARUCH: Never.
MS. LECAROZ: Did you ever see them argue?
ISAAC BARUCH: Yes.
MS. LECAROZ: How many times? Probably, like, twice. Can you describe the arguments that you witnessed?
ISAAC BARUCH: The first argument that I remember was I was walking in, there was -- it was a telephone argument. Johnny's at the kitchen table and he's arguing -- he's screaming about something and on the other line, because it's on speaker and he's talking with the phone -- at the phone, the other person is Amber. And she's in New York and he's at the kitchen table. And they're arguing.
ISAAC BARUCH: And he's going, who is it? Who is it? And she's saying, oh, baby, come on, please don't. What are you doing, baby? Why are you being like this, baby? And this went on for a little while, and I'm listening, and then he hangs up.
ISAAC BARUCH: She calls back again and it's the same thing. Who is it? What's going on? Who is it? And she's saying, oh, come on, baby. Don't be -- what are you doing, baby? And then hang up the phone again.
ISAAC BARUCH: The third time it happens, I'm saying there's no solution in this conversation. I grabbed the phone from him and I said, hey, Amber, this is Isaac, listen, this conversation is now over. And I hung up the phone. And she didn't call back again, and he went to the couch and went to bed.
MS. LECAROZ: I believe you said you saw them argue twice. Was there another time that you saw them argue?
ISAAC BARUCH: I ended up going over and there's, at p the kitchen table was Johnny, is Amber, is Rocky, and Josh. And I'm going, what are you guys doing? And they're hanging out and they're trying to plot to figure out a way how to get rid of Whitney, to not live there anymore. And I felt bad. I liked Whitney. So I was, you know, uh, you know, that's going to be a drag. What are you plotting? How do you figure it out? Hey, lend your sister some dough and let her move out. You know, they're trying to figure something out, something differently, or whatever.
ISAAC BARUCH: So there was a point, Johnny got completely, you know, flustered and frustrated and he got up and he walks away and as he's walking away he says, "Figure it out."
ISAAC BARUCH: And that was it. That was the whole thing. I don't know if you want to call it,-- I don't think you might call that an argument.
MS. LECAROZ: Your Honor, I'm about to switch gears a little bit. Maybe this is a good time for a morning recess.
THE COURT: Ladies and gentlemen, we're going to take our morning recess for 15 minutes. So, remember, do not talk to anybody; do not do any outside research. And we will see you back here in 15 minutes.
THE COURT: All right. So I just want to remind you, since you're still on the stand, IO under oath, you can't talk to any of the attorneys or Ms. Heard at this time until your testimony is done, okay?
ISAAC BARUCH: Okay.
THE COURT: We'll be back at 11:45.
ISAAC BARUCH: I've got to stay here this whole time?
THE COURT: Yeah, you've got to stay there the whole time. You can move.
ISAAC BARUCH: Oh, okay.
COURT BAILIFF: All rise.
THE COURT: All right. Are we ready for the jury, then? Jury.
MS. BREDEHOFT: Your Honor, may we approach before we go get the jury?
THE COURT: Okay. Sure. Yes, ma'am.
MS. BREDEHOFT: I just wanted to put on record, Your Honor, that that same juror, when he came out this morning, smiled and kind of nodded at Mr. Depp again.
THE COURT: I'll keep -- but there's no waving back.
MS. BREDEHOFT: I'm sorry? so ...
THE COURT: There's no waving back,
MS. LECAROZ: I do think it was a general good morning to the court.
THE COURT: I don't know if that's how he is. I mean, I can say, at the end of the day, if you'd like, what I was going to say this morning.
MS. BREDEHOFT: My concern, Your Honor, I believe there's a bias being shown there. He's looking at him, he's waving and smiling at him, and it was clearly at him.
THE COURT: I'll take a look when he comes in right now. And for the rest of the day, I'll just keep an eye on him, and we can always discuss it at any time.
MS. BREDEHOFT: I just wanted to make sure that it was on the record.
THE COURT: All right. Okay. Yes, ma'am. Your next question.
MS. LECAROZ: Mr. Baruch --
ISAAC BARUCH: We're back.
MS. LECAROZ: Thank you for coming back.
ISAAC BARUCH: Yes.
MS. LECAROZ: Were you still living in penthouse 2 of the Eastern Columbia Building on May 21st --
ISAAC BARUCH: Yes.
MS. LECAROZ: 2016?
ISAAC BARUCH: Yes.
MS. LECAROZ: Do you recall what you were doing that evening?
ISAAC BARUCH: Yes.
MS. LECAROZ: What were you doing?
ISAAC BARUCH: I was out, it was evening time, I'm out in the neighborhood, and I'm on my way home. I get a phone call from my friend who wants to know O if I want to go out and eat. I said I just ate, but I'm five minutes away from the Eastern Columbia Building, home, and go across the street, get something to eat, and bring it up for takeout, and we'll go upstairs to my joint and we'll eat. And, yeah.
MS. LECAROZ: Did you meet your friend back at the Eastern Columbia Building?
ISAAC BARUCH: Yeah.
MS. LECAROZ: Around what time was that?
ISAAC BARUCH: 9:30.
MS. LECAROZ: What happened after you met your friend?
ISAAC BARUCH: We went upstairs.
MS. LECAROZ: Can we pull up Plaintiffs Exhibit 116 again, please.
MS. LECAROZ: And, Your Honor, given that this has already been admitted, I'd ask that it be published.
THE COURT: All right. That's fine. You can publish it.
MS. LECAROZ: Mr. Baruch, is it on the screen in front of you?
ISAAC BARUCH: Yeah. Yes.
MS. LECAROZ: Great.
MS. LECAROZ: Mr. Baruch, I'm going to ask you a couple of questions about what happened after you went upstairs that evening. And it may be helpful for you, there are controls on that screen that you can use to sort of mark the exhibit to show the jury the spots that you're talking about in identifying.
THE COURT: So if you just touch it, it will make a mark. So you don't have to touch the top. That's fine.
ISAAC BARUCH: Do I touch something on the menu here?
THE COURT: No, you just touch it wherever she needs you to mark it.
ISAAC BARUCH: Wherever I touch it, it's going to make a mark?
THE COURT: It will.
ISAAC BARUCH: Thank you.
MS. LECAROZ: Mr. Baruch, when you got upstairs that evening with your friend, around 9:30 --
ISAAC BARUCH: Yeah.
MS. LECAROZ: What did you see?
ISAAC BARUCH: We got out of the elevator and, you know, just like in the graph, you make a left and then you turn the corner. When we walked out, I noticed, on the floor, there's shards of glass, there's pieces of glass. Something is going on, something busted, could be one of the sconces or something like that. Kept walking.
MS. LECAROZ: Can you mark, on the exhibit, where you saw the broken glass that evening?
ISAAC BARUCH: A Yeah. Right there. Right where you could go left or you could go right. And if you wanted to go to the pool area, there's an exit that way. So you could either go right or you go left. You go left, you're in the apartments, going in the hallway through the apartment, or you go right. Right there in that spot.
MS. LECAROZ: And did you continue on to your penthouse after you saw the broken glass?
ISAAC BARUCH: Oh, yeah. So we walk around and then we make the turn. We hang the right, past penthouse 5, and we stop right in front of -- right here.
MS. LECAROZ: And why did you stop right there?
ISAAC BARUCH: Stopped in front of here, penthouse 1, which is more -- it's more right there (indicating), because there's this puddle of wine, huge puddle of wine on the floor that's in front of the door, and there's wine, the splashed wine that's dripping down the wall. So we stopped and I'm looking at him going, look at this, someone must have got hammered. These guys probably had a party. And at that point, right then, as soon as I said that, the door opens up and it's Josh Drew, who pokes his head out the door only enough for his head to come out, and he's pretty bug-eyed, looks distraught. And I look at him and I go, what's up with the spilled wine? And figuring I'd get an explanation, or whatever. And he says, he looked at me and just said, "Rough day. Had a rough day."
ISAAC BARUCH: And at that point, I got concerned and said to him -- because I'm friends with him, you know. I got concerned. I said, "Hey, you okay? Do you want me to help you with something? Do you need help?"
ISAAC BARUCH: He said, "No." Okay. "We've got it." I said, "Okay." And me and my buddy took off and went into my place.
MS. LECAROZ: And what did you do after that?
ISAAC BARUCH: My buddy ate, I believe he had pizza from across the street, and we talked. We yapped for a while, and, you know, could be -- I could yap, so, you know, it could take, we were there, probably, hour and change or something like that. And then, you know, we're done. So I walked him out and walked down, I went to the elevator, walked out, went to the elevator. We went downstairs, I walked him out the door, finished the conversation that we were having, and I said, all right, see ya. And then I went back in, I went upstairs, and I went to bed.
MS. LECAROZ: Around what time was that, that you went back into the Eastern Columbia Building?
ISAAC BARUCH: You know something? We got there right around 9:30, we're talking, I don't know, an hour, hour and a half, two hours, you know, somewhere around 11:00, I would think.
MS. LECAROZ: We can go ahead and take Exhibit 116 down.
MS. LECAROZ: Mr. Baruch, can you describe, for the, jury, the events of the next day, May 22nd, 2016?
ISAAC BARUCH: Yes. It's my birthday, May 22nd is my birthday. I wake up, I end up texting Johnny and saying, hey, I'm going to be in town, because he's not staying at the Eastern Columbia Building, he's staying in a house in town, okay? And so, I texted him, it's my birthday, I said, listen, I'm going to be in town. I'm going to come by to have a birthday drink. Okay.
ISAAC BARUCH: I didn't hear from him, you know, I didn't get an answer back. So I said, that's what I'm doing. If that happens, that happens. So, it's around noon, noontime, so I left. Walked out of my apartment and I go through the hallway, as you can see in the graph, I go through the hallway and I turn the corner from penthouse 3, and as I'm walking down, who do I see, I see a group of people. It's a guy in black clothes, a black shirt, black pants, Amber Heard, and I see Josh Drew, who's leaning up against the door, and the door is open. This door is open, something's going on.
ISAAC BARUCH: As I'm walking up, I'm saying, hey, what's up, what are you guys doing? Then Amber turns to me, as I'm walking up, Amber turns to me and she says "Johnny came by last night. He got violent, so I'm changing the locks on 1, 3, and 215."
ISAAC BARUCH: And I'm looking at her, and she goes oh, don't worry about 2, you're okay.
ISAAC BARUCH: And at this time, I'm now walking past, so now we're all in front of the open door of the apartment, and I see there's two guys, two locksmiths working on the door. So, now, I'm standing on one side and you have Josh Drew on one side of the door, you've got the two locksmiths with the door open, working on it, sunlight's -- the sun's coming through the door, sunlight from windows, and then Amber is in front of me and there's the security guy. And we're two feet away from each other, talking. And she introduces me, as she's finishing saying, oh, don't worry about your apartment.
ISAAC BARUCH: She says, oh, and this is a security guard that I got who's going to be hanging around. And she -- I got introduced. She introduced me to him, and I shook his hand, he gave me a card, which I lost, and I'm kind of taking this.in an!l going -- and I say, wait, what happened? What's going on?
ISAAC BARUCH: And at that point, Josh Drew looks at me and gives me a high sign, like, hey, follow me, I'll tell you in private.
ISAAC BARUCH: And-
MS. LECAROZ: Mr. Baruch, when you were speaking with Ms. Heard, how close were you standing to her?
ISAAC BARUCH: Like I said, two - I'm two feet. A foot and a half, two feet away. We're all two feet.
MS. LECAROZ: And how was the lighting in that area?
ISAAC BARUCH: There's lights in the hallway. I was standing - and we're standing in an open doorway that the wall is all windows. Sunlight's coming through, and you could operate in this light, there's that much light.
MS. LECAROZ: Did you notice any marks on her face when you were speaking with her?
ISAAC BARUCH: No.
MS. LECAROZ: Did you see any bruises?
ISAAC BARUCH: No.
MS. LECAROZ: Did you see any redness?
ISAAC BARUCH: No.
MS. LECAROZ: Did you notice any swelling?
ISAAC BARUCH: No.
MS. LECAROZ: Did it look like Ms. Heard was wearing any makeup?
ISAAC BARUCH: No.
MS. LECAROZ: Had you seen her wearing makeup before?
ISAAC BARUCH: Yeah.
MS. LECAROZ: And you had seen her not wearing makeup before?
ISAAC BARUCH: Yeah, I seen, like I said, with the facemask doing a facemask, no makeup, hanging around, waking up in the morning, no -with makeup glammed out to go out. Three and a half years of seeing her in different forms.
MS. LECAROZ: Did you speak with Mr. Drew about anything at that point?
ISAAC BARUCH: Well, yeah, after I said, hey, what's going on? He gave me the high sign, like follow him. We went into my apartment and had a conversation.
MS. LECAROZ: And what happened after you had that conversation with Mr. Drew?
ISAAC BARUCH: We left the apartment and we go walking back towards penthouse 1. And as I'm walking back, I say to Amber, as I'm walking up, he hit you? And she goes, yeah, he threw a phone at me and hit me. And I'm looking because I had just seen her two feet away. I'm going, where? And she puts her head out. She puts her face out like that, for me to look at the right side of her face. And I'm looking, but at that point, also, I'm looking and I turn around, get on the other side, we're in the doorway.
ISAAC BARUCH: So I'm on this side, with the light shining this way from the doorway with the lights above, with the sunshine, and she's got her face out like this, looking, you know, to show me, and I'm looking and I go - I inspect her face. I'm looking at her forehead. Looking at the side of her eye, I'm looking at her cheek, I'm looking at her chin, I'm looking at the other side of the face. I'm looking at the whole thing. And I don't see anything. I don't see anything to -I don't see a cut, a bruise, swelling, redness. It's just Amber's face that she's going like this (indicating) and showing me.
ISAAC BARUCH: So, I'm not seeing anything. I back up and I'm making a joke. I make a joke going, well, I/ I don't see anything, but maybe your beauty from the other side of your face and the other side of the face is outshining everything, so I can't see anything. And she laughed and, you know, smiled. I just looked at everybody and said, bey, it sounds nuts. I went and I said, I've got to go, and I gave her a hug and I kissed her on that side of the face. Kissed her on that side of the face. IO That was it. Said goodbye.
MS. LECAROZ: What was her reaction when you kissed her on that side of the face?
ISAAC BARUCH: Nothing.
MS. LECAROZ: Did she flinch?
ISAAC BARUCH: No.
MS. LECAROZ: Did you see Ms. Heard again the next day?
ISAAC BARUCH: Yeah. Yeah, yeah.
MS. LECAROZ: When was that?
ISAAC BARUCH: So that's Monday - that was May 22nd, my birthday. Then the next day is Monday, the 23rd. I had woken up with a chest cold and I heard a knock on the door and it's Amber. So I opened up the door.
MS. LECAROZ: Around what time was that?
ISAAC BARUCH: That's, I want to say, maybe, around - maybe around noontime, maybe a little bit before. Maybe it could have been a little bit - I think around noontime again.
ISAAC BARUCH: And I went downstairs and I opened up the door.
MS. LECAROZ: And when you opened the door, did you have a good view of Ms. Heard?
ISAAC BARUCH: Absolutely. Yeah.
MS. LECAROZ: How was the lighting?
ISAAC BARUCH: Lighting's fine. Lighting from outside and there's light from my place, yeah. So, the lighting was great.
MS. LECAROZ: Did you see any marks on Ms. Heard's face at that time?
ISAAC BARUCH: No. Same thing like the day before. There's no redness, there's no swelling, there's no bruises, there's no cuts, there's no nothing. Just Amber looking like Amber.
MS. LECAROZ: Did you notice if she was wearing any makeup at that point?
ISAAC BARUCH: She didn't look like she was wearing makeup then either.
MS. LECAROZ: What did Ms. Heard say to you during that encounter?
ISAAC BARUCH: She was knocking on my door to see if I would take the house key, her house key, to let the cleaning lady in because she had to go somewhere. I woke up that day and I had some kind of chest cold thing. I was upstairs laying down. So I looked at her and I said, hey, listen, I'm feeling sick. I'm going to be upstairs laying down this entire time, for the day, or whatever. And so I can't do it.
ISAAC BARUCH: And then she stood there and is like, well, I've got to figure out what to do. Like, maybe if she was only depending upon me to give the housekeeper the key. The housekeeper cleans both of our places. And so I said, hey, listen, why don't you go ahead and take the key and put it in an envelope and bring it downstairs to the concierge, you know, that's where the key will be, tell Hilda, who was the housekeeper, that that's where the key is'.
ISAAC BARUCH: And she was, like, yeah, okay, I guess I could do that. Look, I'm three feet away from her, two and a half, three feet away from her, talking with her.
MS. LECAROZ: And how long did that conversation last?
ISAAC BARUCH: Three minutes.
MS. LECAROZ: Did you see Ms. Heard again the next day?
ISAAC BARUCH: Yes,I did.
MS. LECAROZ: Where did you see her?
ISAAC BARUCH: All right. I go down -- I'm leaving my apartment on Tuesday to go downstairs to the cafe to go get something hot to drink. I still haven't shopped or did anything with a chest cold. And, so, I wanted something hot to drink. I go downstairs and as I'm locking my door, that, all of a sudden, a group of women come up to penthouse 3. Because in the corridor, in the graph, you can see we share the same corridor. So I'm locking my door and this group of women show up.
MS. LECAROZ: Did you recognize who the women were?
ISAAC BARUCH: Three of them, yeah.
MS. LECAROZ: Who were they?
ISAAC BARUCH: You know something, I'm not sure if it was four or five women, but it's Amber, it's her sister, Whitney, and it's Melanie Inglessis, who's a makeup artist for Johnny and Amber, and then there's two other women that I didn't recognize, but I'm not sure.
MS. LECAROZ: Did you interact with the women at all?
ISAAC BARUCH: Well, after closing the door, Whitney, who calls me her spirit animal, came running down the, you know, down the hallway going, Isaac, spirit animal. And I'm going, hey, listen, I'm not feeling so hot, I'm not feeling so good, and I did duck under her arms, you know, stop. I love you, but stop. And I duck under her arms and I go past, and I'm now passing the other ladies, Amber and her - who she's with, and I'm looking at them, they're laughing, this whole scene. And that was it Then I walked - went past and went down and got some hot tea.
MS. LECAROZ: Did you see Ms. Beard's face during that encounter?
ISAAC BARUCH: It was a quick glance, but nothing shot out to me that I noticed anything.
MS. LECAROZ: Did you see ¥s. Heard again the day after that?
ISAAC BARUCH: Well, I saw her again that day.
MS. LECAROZ: Oh, can you describe that, please?
ISAAC BARUCH: Yeah. On the way back from me being outside, the cafe, having a tea, I come walking back in and now all her, her and the women that she was with, are coming back out and we're in the lobby. And the doors of the lobby, it's all windows, it's great light shining through the entire lobby, and the women - there's a table in the middle of the lobby and her friends, I don't know if they're her friends or not, I know three, one's her sister, the other is a friend They're walking on one side of the table, she's on the other side of the table, where I'm walking, and now we're walking past each other. And she's, you know, of course we're going to acknowledge each other and looking at each other. And now she's -- the sun's shining right in her face, it's to my back because I'm walking in, and, so, that's like this, and saying, hey, all right, enjoy yourself, have a good time, whatever, whatever you're doing, you know, and go by, and I went up. And that was it. That was the second time that I saw her, and that's on Tuesday.
MS. LECAROZ: And did you get a good look at her face during that second encounter?
ISAAC BARUCH: Oh, absolutely. The sun's shining right on her face.
MS. LECAROZ: Did you notice anything unusual about her face?
ISAAC BARUCH: Nothing. No cuts, no bruises, no swelling, no redness. It's Amber. It's Amber's face.
MS. LECAROZ: And then did you see Ms. Heard again the day after that? ,22
ISAAC BARUCH: Yes, I did.
MS. LECAROZ: And that's Wednesday, May 25th?
ISAAC BARUCH: That's right.
MS. LECAROZ: Where did you see her?
ISAAC BARUCH: At that point, it was, like, okay, I've got to shop for something because, otherwise, I'm not going to get rid of this chest cold. I go to the store and on the way back, in between the garage and the building, there's this room, like a vestibule, you know, that you have to walk through. And I'm coming in to go into the building, and Amber and Whitney, her sister, are coming out of the building to go into the garage. And we met there.
MS. LECAROZ: How long did you speak with them, if at all?
ISAAC BARUCH: Yeah, we spoke. So, we're facing each other. Amber and Whitney are across from me. We're two and a half feet, two feet away from each other, talking. Of course - and so we stop, of course, to say, hey, what's up? What are you doing? Where you going? Where are you coming from? I had bags of food in my hand of stuff that I went and I bought. And so I said, hey, I'm coming from shopping, I finally bought myself some stuff to get rid of the chest cold thing. And they go and they're going to the CVS and they look at me and so, yapping; everyone's smiling and stuff, and she says, are you sure we can't get you anything? How about we get you some aspirin or some, you know, some cold stuff. I said, no, I think I've got everything. And they said, are you sure? And I said, yeah, yeah, of course, I've got it. Don't sweat it.
ISAAC BARUCH: And, you know, a kiss or whatever, got my hands, I can't hug or whatever, so (demonstrating), and then I said see ya and I went up. And they went through the garage. That was the -- that was it that day.
MS. LECAROZ: Did you have a good look at her face during that conversation?
ISAAC BARUCH: Yes. This room -- yes. Yeah. This room, it's completely lit and there's a camera taking -- you know, camera's always on, the security camera, always. So it's got good lighting and stuff. Because this is a spot where if you use your fob key to go into the building, well, the door takes a long time to, you know, it's one of those things with the pressure thing that the door just doesn't close shut, takes a while for it to close. Someone could be in the garage, who's not supposed to be in the garage, run, and hold the door open. And then they get into the apartment building and then who knows, maybe somebody gets ripped off. So it's well lit for security reasons, and there's a camera there that's taking pictures, you know, doing what the camera does.
MS. LECAROZ: Was Ms. Heard wearing makeup during that discussion?
ISAAC BARUCH: Neither of them looked like they were wearing makeup, at all. Whitney had this hat on h that it was a fun hat, or whatever, and no makeup. I don't even know Whitney to be a makeup person. And, Amber, no, she looked like she was, you know, just natural Amber. That's all, you know, just as always, no makeup.
MS. LECAROZ: Did you notice any marks on Ms. Beard's face?
ISAAC BARUCH: No. No.
MS. LECAROZ: Did you notice any swelling?
ISAAC BARUCH: No. No swelling. No - there's no nothing. There's no swelling, no bruising, no redness, no cuts, no - I mean, you know, nothing.
MS. LECAROZ: Turning back to May 21st for a second. When you first heard that Ms. Heard told you Mr. Depp had hit her.
MS. LECAROZ: Do you recall that?
ISAAC BARUCH: Say that again.
MS. LECAROZ: When Ms. Heard told you that Mr. Depp had hit her on May 22nd.
ISAAC BARUCH: Yeah, my birthday.
MS. LECAROZ: How did you feel hearing her say that?
MS. BREDEHOFT: Objection. Irrelevant.
THE COURT: What's the relevance to how he felt?
MS. LECAROZ: I mean, his impression of how he perceived that in that moment.
THE COURT: I'll sustain the objection.
MS. LECAROZ: Mr. Baruch, did you see Ms. Heard, at all, the rest of that week of May 23rd?
ISAAC BARUCH: No.
MS. LECAROZ: Did you learn, at some point in time, that Ms. Heard had filed for divorce from Mr. Depp?
ISAAC BARUCH: Say that again.
MS. LECAROZ: Did you learn, at some point in time, that Ms. Heard had filed for divorce from Mr. Depp?
ISAAC BARUCH: Yeah.
MS. LECAROZ: How did you learn that?
ISAAC BARUCH: I learned it from the Internet, after the weekend, around, probably, Monday -- either Sunday or Monday. I'm on the Internet and I end up seeing a picture of, it was the Friday of that week, the past week, and there's a picture of Amber wearing a black mourning dress and with this brown mark on her cheek, and she's out -- she's been to a divorce, you know, she went to go file for divorce. That's how I found out.
MS. LECAROZ: Were you surprised when you saw that?
ISAAC BARUCH: Surprised is not the word; It's like, what the hell is this? What's going on?
MS. LECAROZ: At any point when you had seen her during that prior week, had she told you that she intended to file for divorce?
MS. BREDEHOFT: Objection. Leading.
THE COURT: I'll allow it. Go ahead.
THE COURT: You can answer the question, sir.
ISAAC BARUCH: What's the question again?
MS. LECAROZ: At any point when you had seen her during that week, had Ms. Heard told you that she intended to file for divorce?
ISAAC BARUCH: No. No. Never once, Sunday, Monday, Tuesday, Wednesday, and Thursday or Friday, not even said it, no. I'm clueless. She does not - she did not say anything about divorce.
MS. LECAROZ: So what did you think when you saw those pictures and read the articles and learned that she was filing for divorce?
MS. BREDEHOFT: Objection as to what he thought. I'm sorry. Objection. Relevance to what he thought.
MS. LECAROZ: It builds on all the testimony he has given previously, Yorn- Honor.
THE COURT: I'll sustain the objection.
MS. LECAROZ: When did you see Ms. Heard next, after that?
ISAAC BARUCH: She knocked on my door, June 3rd, Friday, a Friday night, June 3rd, she knocked on my door around 11 :00, is the next time that I see her.
MS. LECAROZ: What happened when she knocked on your door on June 3rd?
ISAAC BARUCH: I open the door, and I said something, I said, hey, how you doing, to say hello. I open up the door, I said, hey, how you're doing? She looked at me and says, I'm not feeling so hot. I made some food, would you like to come over and eat with me? And at that point, after, you know, everything I've seen, I looked at her, I said, listen, me and you, we're not going to talk anymore. After everything that I've just seen all week long from the past couple - the past week and change, listen, I'm confused, I'm angry, and I'm frustrated by everything that I've seen, and I think the best thing is for me and you, that we don't talk anymore.
MS. LECAROZ: Did she say anything in response?
ISAAC BARUCH: Yeah. In response to that, she looks at me and she said, I told Johnny I don't want anything. The lawyers are making me do all of this. And I - you know, that's what she said.
MS. LECAROZ: Did you respond to Ms. Heard?
ISAAC BARUCH: No. What I was thinking was, to me, after saying that, after she said that to me, I'm thinking to myself, gay kocken your, hey, how -
MS. BREDEHOFT: Objection to what he's thinking, Yorn- Honor.
THE COURT: I'll sustain it.
THE COURT: Next question.
MS. LECAROZ: Did you see any injuries 011 Ms. Heard's face 011 June 3rd, when you spoke with her?
ISAAC BARUCH: No.
MS. LECAROZ: Did you ever speak with Ms. Heard again after that?
ISAAC BARUCH: Well, she said to me, after that, the lawyers are making me do all of this, then she's -I was just looking at her and then she ended what she was saying by saying, well, I'm sorry you feel that way. And I closed the door and never talked to her ever again.
MS. LECAROZ: Did you have any interactions with the staff at the Eastern Columbia Building about Ms. Heard's allegations against Mr. Depp?
MS. BREDEHOFT: Objection. Your Honor, IO may we approach?
THE COURT: Okay.
THE COURT: All right. Interactions with staff.
MS. BREDEHOFT: So, what she's going to elicit now, and I thought it was better to preview it and let Your Honor know.
THE COURT: Okay.
MS. BREDEHOFT: What she's going to say is that he spoke with other members of the ECB staff and that they showed him this fake punch video that has never been produced, and even with the lawyers. So, I'm going to object to hearsay grounds with any communication with him, but I'm also going to object to his testimony of the actual video, and what he says he saw on the video.
MS. LECAROZ: I believe there was a ruling on this.
THE COURT: There was. And your objection's been noted to that. He can't testify to hearsay. What they might have communicated to him
MS. LECAROZ: And I'm not going to ask that question.
THE COURT: So, it's just the video. We can move on. Your objection's been noted.
MS. LECAROZ: Okay. Thank you.
MS. BREDEHOFT: Thank you, Your Honor.
THE COURT: Uh-hub.
MS. LECAROZ: Mr. Baruch, did you have any interactions with the staff of the Eastern Columbia Building about Ms. Beard's allegations against Mr. Depp?
ISAAC BARUCH: Yes.
MS. LECAROZ: And at some point, did you see a security video taken in the Eastern Columbia Building?
ISAAC BARUCH: Yes.
MS. LECAROZ: When was that?
ISAAC BARUCH: Sometime in June, maybe two weeks in or something like that. It's two, three weeks in.
MS. LECAROZ: Can you describe what you saw in that video?
ISAAC BARUCH: Yes, I can. It was a video of Amber and Whitney waiting at the elevator, the mezzanine level, coming from the garage, obviously, and waiting for the elevator, and Whitney does this to Amber ( demonstrating) and hitting her, faking hitting her in the face, going pow, and then they start laughing.
MS. LECAROZ: Did Ms. Heard react, at all, in that video to the fake punch that you observed Whitney throw?
ISAAC BARUCH: Yeah. She's laughing. After doing it, 2- they both, you know, laughing at each other - with each other.
MS. LECAROZ: Mr. Baruch, do you know who Elon Musk is?
ISAAC BARUCH: Sure.
MS. LECAROZ: Have you ever seen Mr. Musk in person?
ISAAC BARUCH: Yeah.
MS. LECAROZ: Where did you see him in person?
ISAAC BARUCH: First time was, I'm getting into the elevator on the rooftop, penthouse level, I'm going into the elevator and he's coming out of the elevator, going past me.
MS. LECAROZ: And when did that take place?
ISAAC BARUCH: This is after May. This is sometime, jeez, June, could be July, but after May.
MS. LECAROZ: In that same year, 2016?
ISAAC BARUCH: Yeah.
MS. LECAROZ: And when was the second time that you saw Mr. Musk?
ISAAC BARUCH: One morning, waking up and going and opening up the shades to the bedroom, and it's on the second floor and it overlooks the balconies, our adjoining balconies, because my balcony joins with John and Amber's balcony. And opening up the shades, I see Elon Musk going through the balcony door on their side, the two of them walk down the common corridor to that to, then, at the end, leads to a door, then you walk out to the rest of the rooftop. You go to the pool, you go to the gym and stuff. So I'm looking out and the view-- the view out the window is of the both of our balconies. So that's where I saw him.
MS. LECAROZ: And when was that?
ISAAC BARUCH: Sometime, either June or July. But it's after May.
MS. LECAROZ: Mr. Baruch, how Jong have you known Mr. Depp?
ISAAC BARUCH: I met him, I believe, in 1980, and, what, 42 years. Or it's going to be 42 years.
MS. LECAROZ: Have you ever seen Mr. Depp be violent when angry with Ms. Heard?
MS. BREDEHOFT: Objection. Leading.
THE COURT: I'll allow the question. Go ahead.
ISAAC BARUCH: I'm allowed to answer?
THE COURT: Yes, yes. A. What's the question again?
MS. LECAROZ: Have you ever seen Mr. Depp be violent when angry with Ms. Heard?
ISAAC BARUCH: No. Well, from what I said from before, there was an argument that I walked in, so there's, obviously, there's that. But have I ever seen him be violent to her, with physicality, no.
MS. LECAROZ: Did you ever see him hit her?
ISAAC BARUCH: No, never.
MS. LECAROZ: In your three and a half years living at the Eastern Columbia Building, living next to Mr. Depp and Ms. Heard, did you ever observe any injuries or marks on Ms. Heard?
MS. BREDEHOFT: Objection. Leading, Your Honor.
THE COURT: All right. I'll sustain as to leading.
THE COURT: Go ahead.
MS. LECAROZ: Did you ever notice anything unusual about Ms. Heard when you were living at the Eastern Columbia Building with her? e 3
MS. BREDEHOFT: Objection. Leading, Your Honor.
THE COURT: I'll allow it.
ISAAC BARUCH: I can answer?
THE COURT: Yes, sir.
ISAAC BARUCH: What's the question again?
MS. LECAROZ: Did you ever notice anything unusual about Ms. Heard during the time that you were living next door to her at the Eastern Columbia Building?
ISAAC BARUCH: Besides having great teeth, no.
MS. LECAROZ: Mr. Baruch, are you appreciative of everything that Mr. Depp has done for you?
MS. BREDEHOFT: Objection, Your Honor. Leading and irrelevant.
THE COURT: All right. I'll sustain as to leading.
THE COURT: All right.
MS. LECAROZ: Mr. Baruch, how do you feel about what Mr. Depp has done for you?
MS. BREDEHOFT: Objection --well, you know what, go ahead.
THE COURT: Go ahead. That's withdrawn.
THE COURT: Go ahead. You can answer the question.
THE COURT: You can just answer the question, sir.
ISAAC BARUCH: And the question is?
MS. LECAROZ: How do you feel about everything that Mr. Depp has done for you?
ISAAC BARUCH: Oh, come on. It's um real. You know, you think too much about it, you're going to cry. That I appreciate everything that he's done for me, you know. It's like stuff you can't pay back.
MS. LECAROZ: Would you lie for him under oath?
ISAAC BARUCH: Oh, no, no, no, no.
MS. BREDEHOFT: Objection. Leading.
THE COURT: All right. I'll sustain the objection.
THE COURT: Next question.
MS. LECAROZ: Have you given truthful testimony today, sir?
MS. BREDEHOFT: Objection, Your Honor. Leading.
THE COURT: It's still leading. I'll sustain the objection.
MS. LECAROZ: That's all I have.
THE COURT: Okay. Cross-examination.
MS. BREDEHOFT: Let's start with the makeup. Now, you know that --
ISAAC BARUCH: Excuse me. I didn't hear the beginning of what you started saying.
MS. BREDEHOFT: I said, let's start with the makeup.
ISAAC BARUCH: Okay.
MS. BREDEHOFT: Okay. You're aware that Ms. Heard has both modeled and been an actor, and had been for many years before you met her, correct?
ISAAC BARUCH: I knew she acted. I didn't know she was a model.
MS. BREDEHOFT: Okay. Were you aware that she had a commercial agreement with L'Oreal for example?
ISAAC BARUCH: When, now or back then?
MS. BREDEHOFT: What's your knowledge?
ISAAC BARUCH: I don't know any of that.
MS. BREDEHOFT: Okay. Have you ever been with Ms. Heard when she has put makeup on?
ISAAC BARUCH: I've been in the room, yeah, when she's. putting - when makeup was getting put on her, yeah.
MS. BREDEHOFT: When makeup was getting put on her, was this for some acting role or something like that?
ISAAC BARUCH: It was an event that they were going to.
MS. BREDEHOFT: Uh-huh. So that was somebody else applying makeup to Ms. Heard --
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: Who was going to have some gala event that she was going to?
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: Okay. Have you ever been with Ms. Heard in her bathroom or anything when she's applying her makeup in the morning?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. Are you familiar with amica cream?
ISAAC BARUCH: What is it?
MS. BREDEHOFT: Amica.
ISAAC BARUCH: Amica?
MS. BREDEHOFT: Yes.
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know what type of foundation Ms. Heard uses?
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know what type of concealer Ms. Heard uses?
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know what type of tint Ms. Heard uses?
ISAAC BARUCH: I have no clue.
MS. BREDEHOFT: Do you know what types of powders Ms. Heard uses?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. So, when you're saying that you didn't notice any makeup, would it be fair to say that you, yourself, are not familiar with what type of makeup Amber Heard uses on a daily basis?
ISAAC BARUCH: I don't know what she uses on a daily basis.
MS. BREDEHOFT: That's my point.
MS. BREDEHOFT: Now, the first time that you saw her, which was May 22nd.
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: Ms. Heard was there. Were you aware she was on her way to somebody else's birthday party, not yours, but somebody else's that day?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. Can you tell me what her hairstyle was that day?
ISAAC BARUCH: It was just down.
MS. BREDEHOFT: Down as in?
ISAAC BARUCH: Just regular. She has it up now. She's got some kind of hairstyle. But, no, she 1_7 was normal, hair down, regular, no makeup, just hanging.
MS. BREDEHOFT: When you say "no makeup," you don't know she was not wearing makeup, correct?
ISAAC BARUCH: For a fact?
MS. BREDEHOFT: Correct.
ISAAC BARUCH: No.
MS. BREDEHOFT: And you don't know whether she had applied amica cream, correct?
ISAAC BARUCH: No. I don't even know what arnica cream is.
MS. BREDEHOFT: And you don't know whether she had applied concealer, foundation or powder or tint, correct.
ISAAC BARUCH: That's correct IO
MS. BREDEHOFT: Now, if she's going out to a party, do you think she would want to have her bruise exposed?
MS. LECAROZ: Objection, Your Honor.
THE COURT: What's the objection.
MS. LECAROZ: Calls for speculation.
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MS. BREDEHOFT: Do you recall what Ms. Heard was wearing that day?
ISAAC BARUCH: You know something? I could have sworn she had on a smocked dress, hippie dress, at that particular time, but I could be confusing it with June 3rd. She's got this Victorian type of long hippie dress that has embroidery, that she definitely was wearing that day, that night.
MS. BREDEHOFT: Let's go back to May 22nd. Do you recall what she was wearing?
ISAAC BARUCH: I could have sworn she was wearing another smocked dress that I've seen her hanging around the apartment with.
MS. BREDEHOFT: And do you recall what color?
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you recall what jewelry Ms. Heard was wearing --
ISAAC BARUCH: No.
MS. BREDEHOFT: That day?
MS. BREDEHOFT: No? Okay.
MS. BREDEHOFT: Now, you indicated that there was a security guard there.
ISAAC BARUCH: Yes.
MS. BREDEHOFT: And there was Josh Drew --
ISAAC BARUCH: Yes.
MS. BREDEHOFT: Correct? And was there anyone else there?
ISAAC BARUCH: Yeah, the two locksmiths.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: And, also, in the apartment, for a fleeting second, a person went walking by and who seemed, to me, looked like it was Raquel Pennington, but it could be - it could have been another friend that was supposedly staying with them
MS. BREDEHOFT: So you saw somebody come by.
ISAAC BARUCH: No. Go through the living room, and then they're out of the picture because they went upstairs. So they're at - that's - somebody else was in that room, but walking by.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: So and you talked to Josh. What did Josh tell you?
ISAAC BARUCH: When?
MS. BREDEHOFT: Josh Drew, he took you to the side. What did he tell you?
MS. LECAROZ: Objection, Your Honor. Hearsay.
THE COURT: Okay. I'll sustain the objection to hearsay.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: Before you spoke with Josh drew in the other room what, if anything, had been said about what Mr. Depp did the night before?
MS. LECAROZ: Objection to the extent it calls for hearsay, Your Honor.
THE COURT: All right. The hearsay IO objection, I'll sustain that objection.
THE COURT: Next question.
MS. BREDEHOFT: I'm asking what, if anything.
THE COURT: That still elicits hearsay.
MS. BREDEHOFT: But he already testified what Amber said. I'll go back to that.
THE COURT: Okay.
MS. BREDEHOFT: So what did Amber Heard tell you happened the night before?
ISAAC BARUCH: As I was walking up the first time, she turned to me and said, Johnny came by last night and got violent, so I'm changing the locks on penthouse 1, 3, and 5. Don't worry about your place.
MS. BREDEHOFT: Okay. Did you ask her for any more specifics on what she meant by being violent?
ISAAC BARUCH: Huh?
MS. BREDEHOFT: Did you ask her for any specifics about what she meant by he came by and got violent?
ISAAC BARUCH: No.
MS. BREDEHOFT: I'm going to jump you to the next day for a few, and then I'm going to come back. So, let's go to the next day.
MS. BREDEHOFT: So the next day, you testified that you saw her twice, correct?
ISAAC BARUCH: From Sunday, no. Monday, I saw her once, in the morning, but 1-
MS. BREDEHOFT: That's when she came by--
ISAAC BARUCH: About 12.
MS. BREDEHOFT: To ask if you could have the key or if you could leave the key for the housekeeper.
ISAAC BARUCH: Yeah, for Hilda.
MS. BREDEHOFT: And you weren't feeling well, right?
ISAAC BARUCH: Right
MS. BREDEHOFT: So you wouldn't have been standing very close to Amber, right, because you were sick?
ISAAC BARUCH: Well, I opened up the door and I'm, holding the door. We're like three feet away from each other.
MS. BREDEHOFT: And you told her you were sick, right?
ISAAC BARUCH: Yes.
MS. BREDEHOFT: She was going out someplace, correct?
ISAAC BARUCH: She was going somewhere, yeah.
MS. BREDEHOFT: All right.
ISAAC BARUCH: She wasn't going to be there.
MS. BREDEHOFT: All right. Do you know whether she had applied any amica cream that morning to her face?
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know whether she had applied any concealer to her face that morning?
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know whether she had applied any foundation that morning?
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know whether she had applied any tint that morning?
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know whether she had applied any powder that morning?
ISAAC BARUCH: No.
ISAAC BARUCH: Okay. Now, the next day -- can tell you she looked like she wasn't wearing any makeup.
MS. BREDEHOFT: Right. And would you agree that people who are models and actors can be pretty dam good with putting makeup on so that you can't tell they're wearing makeup?
MS. LECAROZ: Objection, Your Honor. Foundation. Calls for speculation.
MS. BREDEHOFT: I think that's a fair question to ask him.
THE COURT: I'll sustain as to speculation.
THE COURT: Next question.
MS. BREDEHOFT: All right.
MS. BREDEHOFT: Do you have any knowledge of the skills of Amber Heard with respect to putting on makeup?
ISAAC BARUCH: Well, it can't be that good because she's got friends who is a makeup artist who came over to do makeup. I don't really know.
MS. BREDEHOFT: Right. And that makeup artist that comes over does it when she's going to be on some show or in some big public event or gala, right?
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: That makeup person, and you're talking about Melanie Inglessis, right?
ISAAC BARUCH: Yeah. Yeah, exactly.
MS. BREDEHOFT: And that makeup person doesn't put Amber's makeup on every day for her, does she?
ISAAC BARUCH: I wouldn't know.
MS. BREDEHOFT: How many times have you -- did you see Melanie Inglessis put makeup on Amber?
ISAAC BARUCH: One time, just one time.
MS. BREDEHOFT: So she wasn't living at Amber's house, right?
ISAAC BARUCH: No, no, no. We - I hung out with her and her husband and Johnny and Amber and, you know, over there, one time eating, and then another time, when I met her, that seeing her put - do makeup for these guys.
MS. BREDEHOFT: Okay. So you're not saying that Amber doesn't know how to put makeup on herself, correct?
ISAAC BARUCH: Oh, no. I'm sure she doe_s.
MS. BREDEHOFT: Okay. But, again --
ISAAC BARUCH: I would think she does, you know. But for the most - I'll tell you what, over three and a half years living around each other, for the most part, she's not a makeup-wearing person. Completely natural. Her, Rocky, total, great complexion, Texas, natural, girl-next-door, no makeup wearing, hanging out.
MS. BREDEHOFT: Did Amber ever tell you she was not wearing makeup?
ISAAC BARUCH: Did she ever tell me?
MS. BREDEHOFT: In any of those three and a half years when you say she wasn't wearing it around the house, did she ever say, I don't have a stitch of makeup on?
ISAAC BARUCH: As many times as she's told me, I am wearing makeup, which is, I can't remember. don't know. Yeah, no. There's not one time I So I remember that, her saying that.
MS. BREDEHOFT: Okay. So, now, let's go to the next day, I think that's the day you got to two times that you saw her. She's with other people --
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: And she's either going out or coming in, correct?
ISAAC BARUCH: Well, first time, they're coming in, and the second time, they're going out.
MS. BREDEHOFT: So they've been outside someplace before they're coming in, correct?
MS. LECAROZ: Objection, Your Honor. Foundation.
THE COURT: I'll allow it.
THE COURT: You can answer the question, sir.
ISAAC BARUCH: Okay.
ISAAC BARUCH: I have no clue.
MS. BREDEHOFT: But they're physically entering the house. In other words, they haven't been in the house, they're coming to the house from someplace, right?
ISAAC BARUCH: Oh, I would have no idea. When I walked out, who knows, they might have been out twice before that. I don't know. They could have been coming from another apartment, coming, you know, to go there, and I'm seeing them. It could be the second time that they're entering the apartment or the first time or the third time. Yeah, I don't know.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: I have no idea.
MS. BREDEHOFT: And do you know -- so you don't know where they were?
ISAAC BARUCH: No. Of course not.
MS. BREDEHOFT: So you have no idea whether they were out in public someplace, correct?
ISAAC BARUCH: No. Of course not. I wouldn't know that.
MS. BREDEHOFT: Okay. And then the later time that you saw them that day, they were going out; is that correct?
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: Okay. And do you know whether Amber had any amica cream on that day?
ISAAC BARUCH: No. I don't know.
MS. BREDEHOFT: And I'll try to make this faster. Do you know whether Amber was wearing concealer, foundation, powder, or tint that day?
ISAAC BARUCH: I don't know.
MS. BREDEHOFT: Okay. Now, the next day, I think you said it was she and Whitney; is that correct?
ISAAC BARUCH: On Wednesday, yeah.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: Yeah, yeah.
MS. BREDEHOFT: Okay. And, again, do you know whether she was wearing any amica cream?
THE COURT: Sir, if you could just answer the question.
ISAAC BARUCH: I'm sorry. I'm totally sorry. I'm sorry.
THE COURT: Thank you.
ISAAC BARUCH: No.
MS. BREDEHOFT: Do you know whether she was wearing concealer, foundation, powder, or tint?
ISAAC BARUCH: No.
MS. BREDEHOFT: Can you tell me what Amber's hair style was on the 23rd?
ISAAC BARUCH: That's Monday. Like I said, when she knocks on my door, hair's down.
MS. BREDEHOFT: Okay. Can you tell me what she was wearing that day?
ISAAC BARUCH: Not exactly. But if I - best of my recollection, pair of dungarees and a T-shirt.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: At the time, when she knocked on my door to give me the key. If she went home to go change or something like that, I got no clue.
MS. BREDEHOFT: Do you remember what color the T-shirt was?
ISAAC BARUCH: Think it might have been white. Best of my recollection.
MS. BREDEHOFT: Do you remember what jewelry Amber had on?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. Let's go to the next day, the Wednesday. You've got all these people here.
ISAAC BARUCH: The next day is Tuesday.
MS. BREDEHOFT: Okay. Next day, Tuesday, is when you had the bunch of people coming together to her house, the first time, right?
ISAAC BARUCH: Right.
MS. BREDEHOFT: What was she wearing then?
ISAAC BARUCH: You want to know something? I do remember a women's beige, long coat. Kind of like a woman's -- not a raincoat, but it could be similar to that. It was a beige, long, kind of looking like a business coat type of thing, a female version of Colombo jacket.
MS. BREDEHOFT: Okay. And what was she wearing under it?
ISAAC BARUCH: I have no clue.
MS. BREDEHOFT: Okay. And do you remember what jewelry she was wearing?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. Now, you said that on the 22nd, that you kissed her on the cheek.
ISAAC BARUCH: What day?
MS. BREDEHOFT: The 22nd, your birthday.
ISAAC BARUCH: The 22nd, Sunday, yes.
MS. BREDEHOFT: Okay So when you showed it the first time, you went like this demonstrating right And then the next time when you said you did the kisses, you went like this demonstrating What's your typical way of kissing women when you greet them or say goodbye?
ISAAC BARUCH: I'm not understanding any of what you 7: just did.
MS. BREDEHOFT: Okay. So when you -- I'll just leave it at Amber. I take it that you would regularly kiss Amber on the cheek to say hello and to say goodbye?
ISAAC BARUCH: Oh, yeah. Yeah, absolutely.
MS. BREDEHOFT: And tell us how you did that.
MS. LECAROZ: Objection, Your Honor.
MS. BREDEHOFT: Can you just show us how you did that?
MS. LECAROZ: Which time? Regularly?
MS. BREDEHOFT: Did you have a different way of kissing her on the cheek different times or did you have a general way that you would greet or say goodbye to Amber with kisses?
ISAAC BARUCH: Regular Its a regular you know you give a peck on the cheek Like you just touch cheeks and demonstrating that's that
MS. BREDEHOFT: So it's kind of like an almost superficial one or is it a really hard one on the cheek? ,5
ISAAC BARUCH: No. It's, you know, just, yeah, you kiss someone on the side of the cheek. I don't know, pressure wise, what kind of torque is there -
MS. BREDEHOFT: I mean, is it just one of these little IO pecks or is it much harder?
ISAAC BARUCH: No, it's a regular. You touch, you know, you touch, boing, and that's that.
MS. BREDEHOFT: So you think it was pretty hard, you peck her on the cheek pretty hard every time?
MS. BREDEHOFT: MS. LEC.AROZ: Objection, Your Honor.
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: You also showed that you did one like this (demonstrating). Did you ever do a two kiss where you greeted Amber, two cheeks?
ISAAC BARUCH: No I'm not European European both times sometimes three bump bump bump
MS. BREDEHOFT: You never did that?
ISAAC BARUCH: No, no.
MS. BREDEHOFT: Let's go to the fake punch. I want to make sure that I understand exactly what you remember seeing.
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: You said that it was two to three weeks into June; is that correct, that you saw it?
ISAAC BARUCH: Got to be somewhere in that period
MS. BREDEHOFT: Okay.
ISAAC BARUCH: Somewhere in the first three - if - I would say the first three weeks of June.
MS. BREDEHOFT: All right.
ISAAC BARUCH: Yeah. Somewhere like that.
MS. BREDEHOFT: Can you recall which week?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. So, you saw Whitney and Amber. Was there anyone with them?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. Do you recall what either of them was wearing?
ISAAC BARUCH: Long jackets. Yes, actually, I do. Long jackets, you know, overcoats.
MS. BREDEHOFT: And how was Amber's hair styled that day?
ISAAC BARUCH: Down, but pulled back.
MS. BREDEHOFT: Pulled back?
ISAAC BARUCH: Well, when I say pulled - it's like the hair's down, you know, maybe because of something around the neck or whatever, the hair is, you know, flipped back or whatever. Not tied back. I don't remember if it was tied back. But just where it's full. Full. That, I remember.
MS. BREDEHOFT: Okay. So, now, where were they standing when you watched this?
ISAAC BARUCH: This is the -where were they standing?
MS. BREDEHOFT: Yes.
ISAAC BARUCH: They're standing waiting for one of the elevators on the mezzanine floor, where there's, I guess, you could see, there's cameras that, you know, has that view of the - the - of the elevators on the mezzanine floor.
MS. BREDEHOFT: So they're on the mezzanine level?
ISAAC BARUCH: Yeah, this is the same -
MS. BREDEHOFT: Waiting--
ISAAC BARUCH: This is the same level - there's apartments on that level, and that's how the exit, how you get out to go to the garage.
MS. BREDEHOFT: And so, were they coming back from the garage?
ISAAC BARUCH: Well, if they're standing at the elevator outside, it could be, and waiting to get into the elevator on that floor. So it could be that maybe they came from outside. Maybe they know somebody who lives on that floor because there's apartments there.
ISAAC BARUCH: I got no clue where they're coming from That's not even in the thought process. It's when I see that - when I see this, it's not like, well, I wonder where they're coming from No, no. It's just what I saw.
MS. BREDEHOFT: Tell me where they were each standing.
ISAAC BARUCH: As I'm watching the video, this tape, Amber's on the left and Whitney's on the right.
MS. BREDEHOFT: Okay. And then tell me, just take us through. Tell me what you saw.
ISAAC BARUCH: Amber's on the -Amber's on the left, Whitney's on the right. Can I stand up?
THE COURT: Yes, sir.
ISAAC BARUCH: Here's Amber, here's Whitney, hanging, waiting for the elevator. They're looking at each other, yapping or whatever they're doing. And Whitney goes like this, (demonstrating) pow. Just a fake pow. And then they both start laughing. Then they're just standing there yapping, doing what they're doing.
MS. BREDEHOFT: And how close does Whitney's fist get to Amber?
ISAAC BARUCH: Oh, I'm watching this. It's a fake thing. It's not -
MS. BREDEHOFT: Right?
ISAAC BARUCH: It's not that she hit her own sister.
MS. BREDEHOFT: No, no, no. I'm asking how close.
ISAAC BARUCH: She goes, pow. Here's my face, if here's my face, you know, it's just coming by, you I know, fake punch going by ( demonstrating). That slow. Just making believe, make-believe punch.
MS. BREDEHOFT: Okay. And then they both laugh, you say?
ISAAC BARUCH: Yeah. They're both, you know, they just start, you know ...
MS. BREDEHOFT: Did you watch them get on the elevator?
ISAAC BARUCH: No.
MS. BREDEHOFT: So the part that you saw, the elevator IO never opened during that time?
ISAAC BARUCH: That's right.
MS. BREDEHOFT: Okay.-
ISAAC BARUCH: That is correct.
MS. BREDEHOFT: And how many seconds would you say or minutes would you say this little clip was?
ISAAC BARUCH: Oh, what I saw was ten seconds, 1715 seconds.
MS. BREDEHOFT: Okay. And do you recall what day that was?
ISAAC BARUCH: That I saw this?
MS. BREDEHOFT: No, no, no. Was there a date on this video?
ISAAC BARUCH: Oh, I don't know. If there was, it wasn't something that I acknowledged.
MS. BREDEHOFT: Okay. Great. Good. Thank you.
MS. BREDEHOFT: All right. Now let's go back to the argument that you witnessed between Mr. Depp and actually, Ms. Heard, who was on the phone or the speakerphone. Do you recall testifying about that?
ISAAC BARUCH: Say this again. Start again, start again.
MS. BREDEHOFT: Yes. Let's go back to - you testified that you observed an argument between Mr. Depp and Ms. Heard.
MS. BREDEHOFT: Do you recall that? You came into the room, Mr. Depp had Amber on speakerphone.
MS. BREDEHOFT: Do you recall that?
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: Okay. Mr. Depp was drunk; would you agree?
MS. BREDEHOFT: Yeah.
MS. BREDEHOFT: Okay. And do you recall that Amber was actually in London, not New York?
ISAAC BARUCH: No.
MS. BREDEHOFT: You don't recall that?
ISAAC BARUCH: No. I think - I thought it was she was in New York.
MS. BREDEHOFT: Okay. And you recall that Mr. Depp was accusing Amber of sleeping with somebody, right?
ISAAC BARUCH: There was somebody else in the room with her and that's - and that's what they were arguing about.
MS. BREDEHOFT: Are you sure that Mr. Depp wasn't thinking there was someone in the room and she was trying to tell him there wasn't somebody in the room?
ISAAC BARUCH: He - say that again.
MS. BREDEHOFT: Are you sure he wasn't saying someone was in the room and she was trying to convince him there wasn't anybody in the room?
ISAAC BARUCH: Well, he said that he heard the other voice.
MS. BREDEHOFT: Okay. And did you hear the voice?
ISAAC BARUCH: Oh, no.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: I walked in, they were already - this is already in motion.
MS. BREDEHOFT: Right. And Amber's saying, "why are you saying that, I right?
ISAAC BARUCH: Amber was saying "Come on, baby, why are you being like this? What are you doing? Come on, Johnny. Why are you being like this?"
MS. BREDEHOFT: Right.
ISAAC BARUCH: And it was taunting.
MS. BREDEHOFT: How is it taunting to say why are you accusing me of having somebody in my room?
ISAAC BARUCH: Because they were in the midst of no solution. At that point, it's - it would be, instead of taunting, say, listen, John, let's talk tomorrow and let's end this conversation right now, and we'll talk tomorrow and we'll get to an understanding because there's not going to be any solution right now. But there was none of that. It was just continuous, oh, baby, oh, baby.
MS. BREDEHOFT: So --
ISAAC BARUCH: And that kept it going.
MS. BREDEHOFT: So if, if Mr. Depp, in his drunken state, was suffering from delusions and thought he heard a voice and wasn't, do you think it would have been reasonable for Amber to be saying "What's going on? Why are you saying this? What is going on?
MS. LECAROZ: Objection, Your Honor. Speculation.
THE COURT: I'll allow the question.
THE COURT: You can answer it. You can answer the question, sir.
ISAAC BARUCH: Would I think it would be what?
MS. BREDEHOFT: If Mr. Depp was suffering from delusions and there wasn't anybody in the room and he hadn't heard a voice but thinks he's hearing a voice, would it be reasonable for Amber to be trying to figure out what's going on?
MS. LECAROZ: Objection, Your Honor. Hypothetical, speculation.
THE COURT: I'll sustain as to speculation to that question.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: And the bottom line is, you came in on the call, so you don't know what he said first or whether there was any voices, correct?
ISAAC BARUCH: Whether he heard voices?
MS. BREDEHOFT: Yes.
ISAAC BARUCH: Besides hers?
MS. BREDEHOFT: Yes.
ISAAC BARUCH: No, I didn't hear the beginning of the conversation.
MS. BREDEHOFT: Okay. And then after the hangup, he went straight to bed, right?
ISAAC BARUCH: No. After the first hangup, she calls back again, which was - was it necessary? I don't know.
MS. BREDEHOFT: Do you know whether she knew --
ISAAC BARUCH: And then the third time -
MS. BREDEHOFT: Do you know whether she knew whether he accidentally hung up or not?
ISAAC BARUCH: That he accidentally hung up?
MS. BREDEHOFT: Right. Do you know whether she knew whether he hung up intentionally or accidentally?
ISAAC BARUCH: No. The same way that I wouldn't know if, like, yeah, she didn't know that the telephone line got cut.
MS. BREDEHOFT: Right. Okay.
MS. BREDEHOFT: So after those three calls that you testified about, he went straight to bed, right?
MS. BREDEHOFT: And he was drunk?
ISAAC BARUCH: To the couch and laid down.
ISAAC BARUCH: And went to sleep. Yeah, he went out.
MS. BREDEHOFT: Do you know whether had taken any drugs that night?
ISAAC BARUCH: No.
MS. BREDEHOFT: Now, you have known -- you've already testified you've known him for 42 years.
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: You didn't pay rent at the penthouse, correct?
ISAAC BARUCH: No. No one did.
MS. BREDEHOFT: And then after you finished at the penthouse, you went over and lived with him in Sweetzer, correct?
ISAAC BARUCH: I lived in one of the houses he owns on Sweetzer.
MS. BREDEHOFT: And you still live there?
ISAAC BARUCH: Yes.
MS. BREDEHOFT: And rent free, correct?
ISAAC BARUCH: Yes.
MS. BREDEHOFT: And has -- other than the hundred thousand, you never paid that back, right, the hundred thousand that he has given you?
ISAAC BARUCH: No, that's not - that's a thing that - that's a thing, for me, how I look at it and stuff, at some point, I would love to pay it back, pay back that money, but that's not something that is expected - that he's expecting.
MS. BREDEHOFT: Would you say you're kind of beholden to Mr. Depp?
ISAAC BARUCH: No. Not beholden at all.
MS. BREDEHOFT: He's given you a hundred thousand dollars, he's put you in that nice --
ISAAC BARUCH: Well, over - I'm sorry. I started - I didn't hear the whole question.
MS. BREDEHOFT: You were rent free in penthouses for a number of years, and now you've been rent free ever since in Sweetzer?
ISAAC BARUCH: That's a nice friend.
MS. BREDEHOFT: And I think you testified already, you're pretty angry with Ms. Heard, right?
ISAAC BARUCH: When?
MS. BREDEHOFT: I wrote it down, that you --
ISAAC BARUCH: Oh, about all the phoney-- about the phoney pictures that were taken and put in tabloids and about the fake narrative, and about -- and the way she is trying to -- got a fraudulent DV claim to extort and blackmail a man? IO Yeah, that kind of got me.
MS. BREDEHOFT: Pretty angry with her?
ISAAC BARUCH: Frustrated, confused, angry, upset, yes. Which is why I said the best thing for us to do is not to talk to each other.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: Yes.
MS. BREDEHOFT: And was it fair to say that you're still angry with her?
ISAAC BARUCH: Oh, you know something? It's six years.
MS. BREDEHOFT: But we just heard you give your version.
ISAAC BARUCH: Six years. Am I angry anymore? What I am is tired. And I want this all to end. Her to go heal, him to go heal. You know, so many people have been affected by this malicious lie that she started and she created, and it's go ne out the door and around the world. And so, I don't even -- I can't even paint anymore. I've stopped painting for the last who knows how many years, and that's -- affected by stuff. IO I don't have -- I'm not angry at anybody. I want the best for her; for her to take her responsibility, heal, and move on. Move on.
ISAAC BARUCH: And for Johnny, Johnny, you know, his family has been completely wrecked by all of this stuff, and it's not -- it's not -- it's not fair. It's not right what she did and what happened, for so many people to get affected from this. It's -- it's insane.
MS. BREDEHOFT: And Mr. Baruch --
ISAAC BARUCH: As to how this happened.
MS. BREDEHOFT: And, Mr. Baruch, if, in fact, she's telling the truth, and if, in fact, Mr. Depp, who has engaged in enormous rage and domestic abuse and violence of Amber over a period of time, that you wouldn't know about, then maybe it's time for him to take responsibility, don't you think?
MS. LECAROZ: Objection, Your Honor.
THE COURT: What's the objection?
MS. LECAROZ: Speculation. Lack of foundation.
THE COURT: Speculation.
MS. BREDEHOFT: He just went off on this rant and rave about assuming that she's --
THE COURT: You asked a question.
MS. BREDEHOFT: I didn't ask a question that launched that.
THE COURT: I'm going to sustain the objection.
MS. BREDEHOFT: All'right. I'll ask this.
THE COURT: Okay.
MS. BREDEHOFT: Mr. Baruch, you don't know whether Mr. Depp has committed domestic violence of Amber Heard, do you?
ISAAC BARUCH: I never witnessed - I never saw or witnessed whatever type of claim that is - that is being said, ever.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: I've never seen him be violent since kids, since teenagers, from first meeting.
MS. BREDEHOFT: I didn't ask you that. I said, you don't know whether he has committed domestic violence or abuse on Amber Heard; isn't that IO correct?
ISAAC BARUCH: That's correct.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: I did not witness any physical violence.
MS. BREDEHOFT: But you have seen Mr. Depp use drugs, as well as drink and be drunk, correct?
ISAAC BARUCH: Oh, yeah.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: I have partaken.
MS. BREDEHOFT: I'm going to ask you to take a look --
MS. BREDEHOFT: Let's put up Depp 116 again. It's already in. If we can have that published to the jury.
THE COURT: Ms. Bredehoft, how much more do you think you have?
MS. BREDEHOFT: I think I can finish it up, if you give me five or ten more minutes, maybe less.
THE COURT: All right. I'm going to hold you to that.
MS. BREDEHOFT: Okay.
MS. BREDEHOFT: So, Mr. Baruch, I just want to make sure that I understand. This is the penthouse thing and you --
THE COURT: Ms. Bredehoft, if you could go to the microphone.
MS. BREDEHOFT: I just realized that.
THE COURT: Appreciate it. Thank you.
MS. BREDEHOFT: So, on this diagram, when you got out of the -- was -- you said 9:30 today, but, in fact, it was between 9:30 and I 0:00 that you came back with your friend, correct?
ISAAC BARUCH: No. It was around 9:30. Could be five minutes one way, five minutes the other way.
MS. BREDEHOFT: Do you recall saying it was between 9 and -- between 9:30 and 10 earlier?
ISAAC BARUCH: Today?
MS. BREDEHOFT: No.
ISAAC BARUCH: Did I say that?
MS. BREDEHOFT: Do you recall -- are you sure it was 9:30, give or take five minutes, or could it have been between 9:30 or 10?
ISAAC BARUCH: It was 9:30, give or take five minutes, five to ten minutes either way.
MS. BREDEHOFT: And you saw a broken sconce --
ISAAC BARUCH: No. I did not see a broken sconce.
MS. BREDEHOFT: What did you see?
ISAAC BARUCH: I saw a broken glass on the floor, shards of glass, pieces of glass, which I figured could have been a broken sconce or possibly, maybe, something from the fire department stuff that's around the walls. So it could be something broken from that. But I - you know, uh, maybe one of the sconces broke. I didn't see a broken sconce, I just saw the glass.
MS. BREDEHOFT: Was there typically a sconce right I there as you come up the elevator?
ISAAC BARUCH: Yeah. From my memory, there were sconces on the wall some places.
MS. BREDEHOFT: Do you remember looking that night and saying, where did this glass come from? There's a broken one. Did you tie it together?
ISAAC BARUCH: No. It wasn't - it was an assumption that it had to come from some of those places because what the glass looked like, to me, looked like it might have come from one of those places.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: It could have been, you know, maybe the sconce.
MS. BREDEHOFT: Okay. When you said from the fire thing, were you talking about the fire extinguisher?
ISAAC BARUCH: No, not the fire extinguisher. There was, in the hallway, that first hallway that you go through, the doors that you walk through after you get out of the elevator, those doors, the fire doors that you close, all right. Hopefully no one gets burned to death, that would be, you know, crazy.
ISAAC BARUCH: But then along the wall, I believe, by the staircase, because there's a door that's next to penthouse 5, then there's the doorway, the stairwell door. And I believe there's a thing that's by the floor there, that's got a glass plastic thing around it.
ISAAC BARUCH: So, it could have been something from that.
MS. BREDEHOFT: Your Honor, may I approach?
THE COURT: All right. Yes, ma'am. You can give a copy to counsel.
THE COURT: Do you have another copy of the deposition?
ISAAC BARUCH: Is this something for me to look at?
THE COURT: Just wait for a question, sir.
ISAAC BARUCH: Okay.
MS. BREDEHOFT: I asked you, a few minutes ago, whether . you were sure it was 9:30, give or take I five minutes, or if it could have been somewhere between 9:30 and 10.
MS. BREDEHOFT: Do you recall me asking that question?
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: Okay. And I'm going to ask you to take a look at page 39.
MS. BREDEHOFT: Do you recall giving your deposition on November 20, 2019?
ISAAC BARUCH: Oh, from down in Anaheim?
MS. BREDEHOFT: Yes.
ISAAC BARUCH: Yeah, I remember that.
MS. BREDEHOFT: And were you under oath at that time?
ISAAC BARUCH: I was - well, yeah. I think that's - I believe so, yeah.
MS. BREDEHOFT: It was about two and a half years ago, wasn't it?
ISAAC BARUCH: Two, three. Yeah, yeah, like between two or three years. Yeah, sure.
MS. BREDEHOFT: So if you could take a look, starting on page 39.
ISAAC BARUCH: Hang on a second.
MS. BREDEHOFT: And if you go to line 21, "Where were you on the evening of May 21, 2016?" And your answer was, "All right. So I was out in the street, I met, I was with a buddy of mine, he calls, he asked if I wanted to go out and eat. I said I just ate, just meet me, let's meet at the apartment, let's go hang out. So, I met him at my apartment, probably, I want to say, 9:30 or a little later, I don't know. Yeah, between 9:30 and IO. Do you see that?
ISAAC BARUCH: So I met him at my apartment, probably, I want to say, around 9:30 or a little bit later. I don't know. Yeah, between 9:30 and 10.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: And that ends up-
MS. BREDEHOFT: So does that refresh your recollection that it could have been a little bit -- somewhere between 9:30 and 10?
ISAAC BARUCH: I'd go more the 9:30, give or take five minutes because it could have been 9:20; it could have been 9:25; it could have been 9:35, but I go with 9:30.
MS. BREDEHOFT: Okay. And did you see any police officers?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. Did you ever hear any police officers?
ISAAC BARUCH: No.
MS. BREDEHOFT: Okay. So let's go back to this 116 for a second. And you said that you saw a lot of wine right outside the penthouse --
ISAAC BARUCH: Wait a second. Line 115?
MS. BREDEHOFT: Sorry. The exhibit that's in front of you on the screen.
ISAAC BARUCH: Oh, oh, oh. Okay.
MS. BREDEHOFT: So you go by the penthouse, so now I have to hurry up to make my promise to Your Honor. So you see penthouse 1 there, and you said that the wine was in that area, right?
ISAAC BARUCH: It's in front of the door.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: It's going to be a foot and a half, two feet up further, north.
MS. BREDEHOFT: North, closer on the way to PH3?
ISAAC BARUCH: No. It's right in front of the doorway. You have it past the doorway, the blue dot.
MS. BREDEHOFT: That wasn't intentional.
ISAAC BARUCH: It's just in front of that doorway.
MS. BREDEHOFT: There you go. Okay. Can you put the dot exactly where it was?
MS. BREDEHOFT: Okay.
ISAAC BARUCH: Can I move that dot?
MS. BREDEHOFT: And how much wine was there?
ISAAC BARUCH: Puddle.
MS. BREDEHOFT: There's a puddle?
ISAAC BARUCH: Puddle of wine.
MS. BREDEHOFT: Could you walk past it without seeing it?
ISAAC BARUCH: No.
MS. BREDEHOFT: It was -- and could you tell a little bit about how much, probably, had been spilled of the wine? I mean, are we talking, like, a half a_ bottle, a bottle?
ISAAC BARUCH: Looked like, you know, a couple of glasses of wine making a puddle.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: Wasn't, like, a full bottle.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: That's a bit more.
MS. BREDEHOFT: Okay. Thank you.
MS. BREDEHOFT: Your Honor, I do have another exhibit I need to put in, and I think that might take a little bit longer than a couple of minutes.
THE COURT: How much time are you talking?
MS. BREDEHOFT: Well, I can do it as fast as I can.
THE COURT: You can try.
MS. BREDEHOFT: Can we pick-- Heather, . can you pick up, well, it's going to be Plaintiffs Exhibit 548.
MS. BREDEHOFT: Now, do you have a recollection of Mr. Depp having a volatile relationship with his earlier partner, Vanessa Paradis?
ISAAC BARUCH: No. But then again, I wasn't - I met her a couple of times. I have no - I wasn't - we weren't - our paths weren't crossing at that particular time, when they were together.
MS. BREDEHOFT: All right. Do you recall Mr. Depp ever referring to a circumstance with her as "carnage"?
MS. LECAROZ: Objection, Your Honor. Relevance.
THE COURT: What's the relevance?
MS. BREDEHOFT: He's trying to give character testimony here, and I'm -- tell you what, I'll move to a different one.
THE COURT: All right.
MS. BREDEHOFT: Now, you said that Mr. Depp and Ms. Heard were -- you said that they were always nice to each other?
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: Do you ever remember Mr. Depp referring to Amber with the tenn "cunt"?
ISAAC BARUCH: Like, to her face?
MS. BREDEHOFT: No, to you. Calling her a cunt to you.
ISAAC BARUCH: Maybe in a text.
MS. BREDEHOFT: All right. Did he do it more than once in a text?
ISAAC BARUCH: Oh, I would have no recollection of that. I mean, he's called me a cunt in a text, so, I mean, it could be, I don't know how many texts. If there's something specific, if you could show me a text, that would be a different story. But I don't - you know, we've had many texts together, many, you know.
MS. BREDEHOFT: Okay. Let's go to line 57, then, it would be section 57 of the exhibit that I have in front of me.
MS. BREDEHOFT: This is a text message between you and Mr. Depp.
MS. BREDEHOFT: Do you see that?
ISAAC BARUCH: Well, there's 80 million texts on there.
MS. BREDEHOFT: Go to the one that's number 57.
MS. LECAROZ: Objection, Your Honor.
THE COURT: I'm sorry?
MS. LECAROZ: May I approach?
THE COURT: Okay. Sure.
MS. LECAROZ: She's referring to text messages that occurred in prior -- after the marriage, by a number of months, so I'm not sure what the relevance could possibly be of these particular text messages.
MS. BREDEHOFT: He's still referring to her in a very, very base way. You know, saying the cunt rotting corpse.
THE COURT: She's just talking about the timeline of it, saying it's two years later.
MS. BREDEHOFT: Still, I asked if he ever recalled Mr. Depp referring to her as a cunt, and he said you would have to show me.
THE COURT: He said yes.
MS. BREDEHOFT: Right. And then I l said, did he do it more than once? He said, you would have to show me.
THE COURT: Yeah.
MS. LECAROZ: Your Honor, far too much to share. It's a timing --
MS. BREDEHOFT: It is timely.
THE COURT: I'm going to allow it.
MS. BREDEHOFT: Are you on 57 yet?
MS. BREDEHOFT: Right. And this is to you, correct, from Mr. Depp?
ISAAC BARUCH: Is that how it's - it says from, to, 323-445-2400. That used to be my telephone number.
MS. BREDEHOFT: That's to, correct?
ISAAC BARUCH: Oh, I understand. I understand, yes, yes, yes.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: That's to me.
MS. BREDEHOFT: All right. And the message he's sending to you, and this is October 18, 2016, "So hopefully that cunt" --
MS. LECAROZ: Objection, Your Honor. The exhibit is not in evidence and she's reading directly from it into the record.
THE COURT: All right.
MS. BREDEHOFT: Does it refresh your recollection that Mr. Depp referred to Amber Heard as a cunt, in fact, cunt rotting corpse is decomposing?
MS. LECAROZ: Objection, Your Honor.
THE COURT: Sustain the objection.
THE COURT: If you can rephrase.
MS. BREDEHOFT: I'll rephrase.
MS. BREDEHOFT: Do you recall Mr. Depp ever tell you that he, in base terms, hoped that Amber's rotting corpse is decomposing --
MS. LECAROZ: Objection, Your Honor.
MS. BREDEHOFT: In the trunk of a Honda Civic?
THE COURT: I'll allow it.
ISAAC BARUCH: I'm not understanding the question. Say it again.
MS. BREDEHOFT: Do you recall Mr. Depp ever telling you that he hoped that Amber Heard's rotting corpse is decomposing in the fucking trunk of a Honda Civic?
MS. BREDEHOFT: MS. LEC.AROZ: Objection.
THE COURT: I'll allow it.
THE COURT: You can answer the question, sir.
ISAAC BARUCH: Yeah. Well, I say, yeah, I'm seeing it here. So, obviously, yeah, it was said. It was written.
MS. BREDEHOFT: And then go to 59, please.
MS. BREDEHOFT: And when you had to move out of the penthouse to go to Sweetzer, do you recall Mr. Depp telling you that this was Amber's fault and referring to her as a "cunt"?
ISAAC BARUCH: Can I read this first -
MS. BREDEHOFT: Yes, please.
ISAAC BARUCH: So I can see what's going on? O So, now what's - I just read this, and I remember this exactly because this is the period of time, you know, I'm moving and he's selling the apartments, and there's people who were coming over, I'm still living there, and it would have been better off if I had moved out so that way, then, the real estate people can look at it and not come in and look at the kind of paintings that I make and all that kind of crap.
MS. BREDEHOFT: But my question to you is, do you recall Mr. Depp calling Amber Heard a cunt and saying that it was her fault?
ISAAC BARUCH: Well, it's written there, so, yeah, I , , , y , can see that.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: If - well, that's not what he says. He says that cunt ruined such a fucking cool life we had for a while. I don't know -
MS. BREDEHOFT: And he said, I can't even look at the building anymore, correct?
ISAAC BARUCH: Yeah.
MS. BREDEHOFT: He's selling it, right?
ISAAC BARUCH: Exactly.
MS. BREDEHOFT: Thank you.
MS. BREDEHOFT: Your Honor, I would like to move the admission of those two limited -- excuse me, one moment.
MS. LECAROZ: Objection, Your Honor, there are some -- the significant exhibit, there's definitely some hearsay in there.
THE COURT: I think I'll reserve on that, on the entry of that, and we can discuss it a later time, okay?
THE COURT: Are you done?
MS. BREDEHOFT: Not yet. My co-counsel is saying something.
THE COURT: I'm not going to -- I'm reserving on whether, so are we done with cross?
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: Okay. Redirect, briefly? We're going to be done with this witness before lunch.
MS. LECAROZ: Quickly, Your Honor.
THE COURT: Okay.
MS. BREDEHOFT: Mr. Baruch, do you recall that Ms. Bredehoft was just asking you about some text messages that you received from Mr. Depp?
ISAAC BARUCH: Yes.
MS. BREDEHOFT: Do you recall when those text messages were sent?
ISAAC BARUCH: No. I'd have to look at them again and look at the date.
THE COURT: Could you display it to the witness again.
MS. BREDEHOFT: And I believe we looked at line 59 -- excuse me, 57. Do you see the date of when you received that text message?
ISAAC BARUCH: All right. Hang on. It was the month before - it was the month before I moved out. Okay.
MS. BREDEHOFT: When was that text message sent?
ISAAC BARUCH: It says 10/18/2016. That's October. I moved out the next month. So, in November. So, this is from October.
MS. BREDEHOFT: So was that message sent several months after Ms. Heard made claims against Mr. Depp of domestic violence?
ISAAC BARUCH: Oh, yeah, yeah.
MS. BREDEHOFT: Objection, Your Honor.
THE COURT: I'll allow it.
MS. BREDEHOFT: Okay.
ISAAC BARUCH: Yes, of course. This is after this whole fiasco that she started.
MS. BREDEHOFT: And if we look at line 61.
ISAAC BARUCH: What am I looking at?
MS. BREDEHOFT: What's the date on that message?
ISAAC BARUCH: 10/28. October.
MS. LECAROZ: We can take that down.
MS. BREDEHOFT: Mr. Baruch, Ms. Bredehoft asked you a series of questions about the security video from the Eastern Columbia Building that you observed.
MS. BREDEHOFT: Do you recall that?
ISAAC BARUCH: Yeah, the pow.
MS. BREDEHOFT: When did you understand that footage was from?
MS. BREDEHOFT: Objection, Your Honor. Already asked and answered. He said he didn't recall.
THE COURT: I'll sustain it. Asked and answered.
MS. BREDEHOFT: Did you have an understanding, at the time that you saw that video, of when it was from?
MS. BREDEHOFT: Objection. Your Honor. Same question.
THE COURT: I'll sustain the objection.
MS. BREDEHOFT: Ms. Bredehoft also asked you a series of questions about the argument that you overheard between Ms. Heard and Mr. Depp on the phone.
MS. BREDEHOFT: Do you recall that?
ISAAC BARUCH: Yes.
MS. BREDEHOFT: And you could hear Ms. Heard's voice on that phone, right?
ISAAC BARUCH: Yeah. 1!
MS. BREDEHOFT: Do you recall if that was a FaceTime call or if it was just regular speakerphone?
ISAAC BARUCH: Just speaker. Speakerphone.
MS. BREDEHOFT: And what did you understand her tone to be on that call that you overheard?
MS. BREDEHOFT: Objection, Your Honor. What would he understand her tone to be?
THE COURT: I'll allow it, if he can answer. That's fine.
ISAAC BARUCH: Taunting. Egging on, almost demeaning. The baby talk.
MS. BREDEHOFT: I'm going to object, Your Honor, and move to strike.
THE COURT: Yeah, I'll sustain the objection as to his answer, and I'll strike it.
MS. LECAROZ: The whole answer, Your Honor?
THE COURT: The answer, yes.
MS. BREDEHOFT: I believe you testified that Mr. Depp hung up the phone during that conversation.
MS. BREDEHOFT: Do you recall that?
ISAAC BARUCH: Yes.
MS. BREDEHOFT: Did you understand that Mr. Depp was trying to end the argument by hanging up the phone?
MS. BREDEHOFT: Objection as to what Mr. Depp was trying to do.
THE COURT: Sustained as to speculation.
MS. LECAROZ: Your Honor, he heard the phone call, and he was there to directly --
THE COURT: What Johnny Depp's intention was. I'll sustain.
ISAAC BARUCH: I know what my intention was -
THE COURT: Sir, there's no question. Thank you, sir.
MS. BREDEHOFT: What was your understanding of your intent with respect to hanging up the phone on that conversation?
MS. BREDEHOFT: Objection. Your Honor. He already asked and answered when he said he hung it up. And so--
THE COURT: It was asked and answered. I'll sustain the objection.
THE COURT: Next question.
MS. LECAROZ: Nothing further, Your Honor.
THE COURT: All right. Is this witness subject to recall?
MS. LECAROZ: Possibly, Your Honor.
THE COURT: Yes or no or not from you?
MS. LECAROZ: Yes. Yes, for us.
THE COURT: Sir, since you're subject to recall, that means that you may be called again to testify, at some point, so until that time, the rule of witnesses is still in place for you, so you cannot have any outside information or talk to anybody about your testimony here today, and don't look at any information about this on the news, okay?
ISAAC BARUCH: Okay.
THE COURT: All right. Thank you, sir. You're free to go at this time.
ISAAC BARUCH: Thank you.