Post-Testimony Matters

MR. ROTTENBORN: We did, Your Honor, testimony and a few exhibits. Mr. Nadelhaft is going to do that.

MR. NADELHAFT: Your Honor, it's a box here.

MR. NADELHAFT: And, Your Honor, what I was going -- what I will do is I'll explain what we're proffering the evidence for, and we have copies.

MR. NADELHAFT: Which I'll provide to you. I'll provide them to you electronically. I don't have another copy for you right now, but we'll provide one for you.

MR. NADELHAFT: Okay. Your Honor, for Laurel Anderson, on March 31st, 2022, the defendant attempted to designate certain portions of the deposition testimony for trial. Dr. Laurel Anderson, a clinical psychologist who worked with Ms. Heard and Mr. Depp. Dr. Anderson testified in May 24, 2022 the therapy session, Ms. Heard reported to her that she was slapped by Mr. Depp, that he hit her in the head, had her hair pulled by Mr. Depp, kicked her in the leg, and Mr. Depp gave Ms. Heard bruises. Ms. Heard also reported that Mr. Depp was the first to initiate any violence. Ms. Heard also reported that she hid in a bathroom to protect herself from Mr. Depp. Ms. Heard also reported to Dr. Anderson that Mr. Depp threw a phone at her on May 21st, 2016, hit her and held her hair. Ms. Heard also reported to Dr.

MR. NADELHAFT: Anderson that she was a victim of -- that she was a victim to Mr. Depp's abuse. The testimony is contained in Dr. Anderson's deposition transcript, which is Exhibit A. The Court also excluded records of Dr. Anderson from Ms. Heard's and Mr. Depp's therapy sessions and a treatment summary, which are Exhibits B and C. Mr. Depp objected to Dr. Anderson's testimony as described and medical records, stating that they were hearsay and that they did not fall into any exceptions, including statements for purposes of medical treatment. The Court sustained the objection on the grounds of the testimony and the exhibits were hearsay. For Dr. Kipper, on March 31st, 2022, the defendant attempted to designate certain portions of the deposition testimony for trial of Dr. David Kipper, Mr. Depp's physician. Dr. Kipper testified Ms. Heard voiced concerns of Mr. Depp's behavior while on drugs and alcohol, that Mr.

MR. NADELHAFT: Depp tried to fight and push Ms. Heard while attempting detox on his island and that she found lots of cocaine in February 2016. Dr. Kipper also testified he told Mr. Depp to "bury the dragon," which referred to the bad feelings that Mr. Depp has inside him. This testimony is contained in Dr. Kipper's deposition transcript, which is Exhibit D. Dr. Kipper also testified about an email he wrote explaining Mr. Depp's detox treatment. In the email, Dr. Kipper wrote to Mr. Depp's sister that Mr. Depp had fundamental issues with anger, romanticized the drug culture, and had no patience if his needs were not met. This email is Exhibit C -- Exhibit E. Mr. Depp objected to Dr. Kipper's testimony and the email, stating it was hearsay and it did not fall into any exceptions, including statements for purposes of medical treatment. The Court sustained the objection on the grounds of the testimony, and the exhibits were hearsay. Deborah Lloyd.

MR. NADELHAFT: On March 21st, 2022, the defendant attempted to designate certain portions of the deposition testimony for trial of Debbie Lloyd, Mr. Depp's nurse. Ms. Lloyd testified Ms. Heard voiced concerns about Mr. Depp's behavior while on drugs and alcohol and that Mr. Depp worked himself up into a rage and was trying to fight Ms. Heard while he was attempting detox on his island. The testimony is contained in Ms. Lloyd's deposition transcript, which is Exhibit F. Also, Ms. Lloyd kept nursing notes on these issues that she testified to, which is Exhibit G. Mr. Depp objected to Ms. Lloyd's testimony and portions of the nursing notes, stating it was hearsay that did not fall into any exceptions, including statements for purposes of medical treatment. The Court sustained the objection on the grounds of the testimony and portions of the nursing notes were hearsay. Erin Boerum-Falati. On March 31st and April 1st, 2022, the defendant attempted to designate certain portions of the deposition testimony for trial of Ms. Falati, Ms.

MR. NADELHAFT: Heard's and Mr. Depp's nurse. Ms. Falati testified that Ms. Heard reported to her, on December 16th, 2015, that Mr. Depp headbutted Ms. Heard in the forehead. This also was contained in Ms. Falati's nursing notes, which is Exhibit H. Ms. Falati further testified that Ms. Heard reported being freaked out after the December 2015 incident and testified to text messages between herself and Ms. Heard, where Ms. Heard recorded the incident of abuse. These text messages are Exhibits I, J, K, L, and M. Ms. Falati also testified that on May 21st, 2016, Ms. Heard reported that Mr. Depp became completely delusional and crazed and hit Ms. Heard in the face while she was on the phone with iO Tillett Wright. Ms. Falati testified to text messages reporting this as well, which are contained in Exhibit N. The testimony is contained in Ms. Falati's deposition transcript, which is Exhibit O. Mr. Depp objected to Ms.

MR. NADELHAFT: Falati's testimony, portions of the nursing notes, and the text messages referenced, stating it was hearsay that did not fall into any exception, including statements for purposes of medical treatment. The Court sustained the objection on the grounds the testimony and portions of the nursing notes and the text messages were hearsay. Amy Banks, Dr. Amy Banks. On April 29th, 2022, the defendant attempted to designate certain portions of the deposition testimony for trial of Dr. Amy Banks, a clinical psychologist and relationship consultant who worked with Ms. Heard and Mr. Depp. Dr. Banks testified that in therapy sessions, Ms. Heard reported that Mr. Depp attacked her physically, including by hitting her with his hand. Dr. Banks also testified that Ms. Heard reported that Mr. Depp cut his finger off and burned himself with a cigarette. Dr. Banks also reported that Ms. Heard told her that Mr.

MR. NADELHAFT: Depp initiated the violence while in session with Mr. Depp, and Mr. Depp did not object to the characterization of the violence. Finally, Dr. Banks testified that she believed Ms. Heard's accounts of the violence and that Ms. Heard was a victim of domestic abuse. This testimony is contained in Dr. Banks' deposition transcript, which is Exhibit P. Mr. Depp objected to Dr. Banks' testimony, stating it was hearsay that did not fall into any exceptions, including statements for purposes of medical treatment and for providing improper expert witness opinion. The Court sustained the objections on the grounds that the testimony about the abuse was hearsay and that Dr. Banks' testimony that Ms. Heard was a victim of domestic abuse was improper expert opinion. Connell Cowan. On April 29th, 2022, the defendant attempted to designate certain portions of the deposition testimony for trial of Dr. Connell Cowan, a clinical psychologist who worked with Ms. Heard.

MR. NADELHAFT: Cowan testified that in the therapy session, Ms. Heard reported abuse

MR. NADELHAFT: 23, and is contained in text messages that are Exhibits S and T. Mr. Depp objected to Dr. Cowan's testimony, stating it was hearsay and did not fall into any exceptions, including statements for purposes of medical treatment. The Court sustained the objection on the grounds that the testimony about the abuse was hearsay. Alan Blaustein. On April 29th, 2022, the defendant attempted to designate certain portions of the deposition testimony for trial of Dr. Alan Blaustein, a clinical psychologist who worked with Mr. Depp. Dr. Blaustein testified that in a therapy session, Mr.

MR. NADELHAFT: Depp reported that he had cut himself as a child and burned himself with cigarettes. Dr. Blaustein also testified about the drugs that Mr. Depp was on, as reported to him by Ms. Lloyd. This testimony is contained in Dr. Blaustein's deposition transcript, which is Exhibit U. This information is also contained in emails, which are Exhibits V, W, and X. Mr. Depp objected to Dr. Blaustein's testimony regarding PLANE on NAM BR WN to May 24, 2022 | the cutting and burning himself as speculation, and the testimony regarding the drugs Mr. Depp was taking as hearsay that did not fall into any exceptions, including statements for purposes of medical treatment. The Court sustained the objections on these grounds. Bonnie Jacobs. On May 4th, 2022, the defendant attempted to introduce into evidence the treatment notes of Dr. Bonnie Jacobs, a clinical psychologist who worked with Ms. Heard. The treatment notes show Ms. Heard reporting abuse by Mr. Depp, including sexual violence.

MR. NADELHAFT: The treatment notes are Exhibit Y. And based on the Court's ruling, the defendant did not call Bonnie Jacobs as a witness. Mr. Depp objected to Dr. Jacobs' notes as hearsay that did not fall into any exceptions, including statements for purposes of medical treatment. The Court sustained the objections on those grounds. I have some more.

MR. NADELHAFT: It is not.

MR. NADELHAFT: The U.K. judgment on April 29th, 2022, Ms. Heard moved to allow evidence and questioning regarding the U.K. judgment and for admission of the judgment itself, which is Exhibit Z. In support for a motion, Ms. Heard argued that Mr. Depp had opened the door to the admission of the judgment by presenting evidence of damages after the day of the judgment on November 2nd, 2020. For example, Ms. Heard observed that Mr. Depp had sought damages for losing his role in Pirates of the Caribbean 6, a movie that's not yet been made. Ms. Heard further observed that Mr.

MR. NADELHAFT: Depp testified that the op-ed caused him and his family irreparable harm, therefore, suggesting that his reputational harm had continued to the present. Ms. Heard noted that Mr. Depp's expert designation indicated Michael Spindler relied on Mr. Depp's earnings from 2019 to 2021 when reaching his opinion, which resulted in an amendment to the designation. The Court found Mr. Depp had not opened the door to the admission of the U.K. judgment and overruled the motion, which the Court did again today with Mr. Bania's opinions. Finally, Adam Bercovici: On May 19th, 2022, Ms. Heard attempted to call Adam Bercovici, who is an expert in the policing and the Los Angeles Police Department policing of domestic violence calls for service. Mr.

MR. NADELHAFT: Bercovici would have testified to his qualifications in the field of policing and LAPD policing of domestic violence calls for service as follows and further outlined in Ms. Heard's fourth supplemental and rebuttal disclosures, dated March 21, 2022. Mr. Bercovici spent 30 years with the LAPD, retiring in 2012 at the rank of lieutenant. He has extensive experience as a patrol officer, a field supervisor, uniform watch commander, both as sergeant 2nd. and lieutenant 1. alone with sergeant 2nd, and lieutenant 1, along with multiple assignments as an officer in charge, lieutenant 2nd of specialized detective units. During his tenure with the LAPD, Mr. Bercovici held numerous positions directly responding to and overseeing subordinate officers' responses to the domestic violence calls for service, including as patrol officer, supervisor, watch commander and assistant watch commander. And, actually, this, Your Honor, is a -- the person who prepared this, prepared a longer brief of what he was going to say.

MR. NADELHAFT: I can -- is it okay to just submit it rather than hearing me read it all?

MR. NADELHAFT: And with that, that's the proffer.

MR. NADELHAFT: No, I understand. May 24, 2022

MR. NADELHAFT: Thank you.

MR. ROTTENBORN: Your Honor, we sent revised jury instructions to them yesterday morning, and a revised jury form today. So just waiting to hear back. We'll coordinate.

MS. BREDEHOFT: We're caught up.

MS. BREDEHOFT: I believe so, Your Honor.

MR. ROTTENBORN: No, Your Honor.

MR. ROTTENBORN: Thank you.