Morgan Tremaine — Direct/Cross/Redirect
197 linesTHE COURT: Your next witness.
MS. VASQUEZ: Mr. Depp calls Morgan Tremaine.
THE COURT: I didn't quite get that. I'm sorry.
MS. VASQUEZ: Mr. Depp calls Morgan Tremaine.
THE COURT: Allright. Morgan Tremaine. MORGAN TREMAINE, a witness called on behalf of the plaintiff and counterclaim defendant, having been first duly sworn by the Clerk, testified as follows:
THE COURT: Yes, ma'am PLAN) u to n May 25, 2022 le
MS. VASQUEZ: Good afternoon, Mr. Tremaine.
MORGAN TREMAINE: Hello.
MS. VASQUEZ: Would you please state your full name for the record.
MORGAN TREMAINE: Morgan Cliff Tremaine.
MS. VASQUEZ: What do you do for a living?
MORGAN TREMAINE: I produce esports events and design video games. ‘
MS. VASQUEZ: And in 2016, what did you do for a living? 12. A I worked as the field assignment manager at TMZ.
MS. VASQUEZ: What is TMZ?
MORGAN TREMAINE: TMZ is an entertainment news website and television show.
MORGAN TREMAINE: I was the go-between, the news desk in the office, and the reporters in the field, which you might know as paparazzi.
MS. VASQUEZ: Approximately how many paparazzis were you in charge of?
MORGAN TREMAINE: At the time, it was about 20 in LA; a handful, maybe three, in New York; and then one in D.C,
MS. VASQUEZ: And what were your responsibilities specifically as to the paparazzi?
MORGAN TREMAINE: It would be to dispatch paparazzi to: various locations based on tips or just direction dictated by having a list of sort of hot spots where celebrities would be.
MS. VASQUEZ: And how were those tips received?
MORGAN TREMAINE: They're received either through tips that we received through our tip line or directly through news producers in the office.
MS. VASQUEZ: And were tips frequently received directly from sources?
MORGAN TREMAINE: Very often the case, yeah.
MS. VASQUEZ: And who were the type of sources that TMZ received tips from?
MORGAN TREMAINE: They received tips from - oftentimes, it would be publicists, managers, agents, or B-list celebrities.
MS. VASQUEZ: Lawyers?
MORGAN TREMAINE: And lawyers, definitely.
MS. VASQUEZ: How are tips verified?
MORGAN TREMAINE: Tips are verified by an extensive process. If they come in through our tip line, we have to verify who sent it, that they - that the source is truthful, and so they have to add their contact information which is a field in that -- on that website for, like, name, phone number, things like that.
MS. VASQUEZ: And how long did that process typically take? 13. A_ If we receive a tip through the tip line, it could take a while because that would need to be — if it was a tip, we would need to verify it. If it was media such as photos or videos, that would need to be extensively verified to ensure the person sending it is the copyright holder and that we would have the legal ability to air it and distribute it.
MS. VASQUEZ: Involved in any assignments related to Ms. Heard?
MORGAN TREMAINE: I was.
MS. VASQUEZ: When was the first time you recall working on an assignment related to Ms. Heard?
MORGAN TREMAINE: I believe it was May 27th, 2016.
MS. VASQUEZ: And what was your role in that assignment?
MORGAN TREMAINE: For that, Ms. Heard was filing a restraining order at a courthouse in downtown Los Angeles. So I dispatched camera people to that location.
MS. VASQUEZ: Under what circumstances would you normally send paparazzi to a courthouse? 13. A _ Only if we had been informed prior. It's not by any means a celebrity hot spot. We would only ever send people there if we had been tipped off that something was occurring and there was somebody present there.
MS. VASQUEZ: And what footage was TMZ trying to capture at the LA courthouse on May 27th, 2016?
MORGAN TREMAINE: We were trying to capture Amber leaving the courthouse and an alleged bruise on the right side of her face. NID BD WNH = PLANE to May 25, 2022
MS. VASQUEZ: What was your team of paparazzis supposed to do while they were at the LA courthouse on May 27th, 2016?
MS. BREDEHOFT: Objection, Your Honor. Hearsay and foundation.
THE COURT: What were they supposed to do?
MS. BREDEHOFT: Right. She's asking for -- I don't think there's a foundation laid.
THE COURT: I'll overrule the objection at this point. We'll see.
MS. VASQUEZ: Go ahead, Mr. Tremaine.
MORGAN TREMAINE: Can you re — state the question again?
MS. VASQUEZ: What was your team of paparazzi supposed to do while they were at the Los Angeles courthouse on the May 27th, 2016?
MORGAN TREMAINE: Their objective was to capture her leaving the courthouse, and then she was going to sort of stop and turn towards the camera to display the bruise on the right side of her face, the alleged bruise.
MS. VASQUEZ: Did your team of videographers get the shot of Amber Heard?
MS. VASQUEZ: Did your team of videographers get the shot of Amber Heard?
MORGAN TREMAINE: We did.
MS. VASQUEZ: What is the difference between receiving a tip from a news producer and any other source?
MORGAN TREMAINE: If it's any other source, it would have to be verified by copyright. If it was anything that was received directly through a news producer, then they go through that process to verify the source.
MS. VASQUEZ: Did you do anything to verify the tip on May 27th, 2016, related to Amber Heard?
MORGAN TREMAINE: I did not.
MS. VASQUEZ: Why not?
MORGAN TREMAINE: Because it had come directly from a news producer.
MS. VASQUEZ: Does that mean it had been verified?
MORGAN TREMAINE: It means that they had verified that tip and deemed that it was credible, and, therefore, a camera person needed to be dispatched.
MS. VASQUEZ: After May 27th, 2016, were you involved in any other assignments related to Amber Heard?
MORGAN TREMAINE: Yes.
MS. VASQUEZ: Can you tell me about those assignments?
MORGAN TREMAINE: The next one would have been August 6th, 2016, where she was giving a deposition.
MS. VASQUEZ: So what did you do in relation to that tip?
MORGAN TREMAINE: I dispatched camera people to a parking lot adjacent to a law office in which she would be arriving to so we could get the footage of her arriving for the deposition.
MS. VASQUEZ: Do you typically send paparazzis to parking lots of law offices?
MORGAN TREMAINE: No, not at all.
MS. VASQUEZ: Did you get the shot of Ms. Heard on August 6th, 2016? <A We did.
MS. VASQUEZ: After August 6th, 2016, were you . involved in any other stories involving Ms. Heard?
MORGAN TREMAINE: Yes, I was.
MS. VASQUEZ: And what story was that?
MORGAN TREMAINE: On the 12th, we received a video depicting Johnny Depp slamming some cabinets that was captured by Ms. Heard.
MS. VASQUEZ: And what day was that?
MORGAN TREMAINE: I believe that was the -- August 12th.
MS. VASQUEZ: Of 2016?
MORGAN TREMAINE: Of 2016, yes.
MS. VASQUEZ: Can you describe to the jury how you received the video on August 12th, 2016?
MORGAN TREMAINE: Yes. The video was sent in through our email tip line, which is an email distribution that goes to all the producers and to myself as the field assignment manager because it often included celebrity locations. It came in as, as I recall, a —
MS. BREDEHOFT: Objection. Hearsay.
MS. VASQUEZ: He's just describing how it came in.
MS. BREDEHOFT: I think he's about to reveal hearsay, Your Honor.
THE COURT: Ll overrule for now PLANE to May 25 2022 Let's see where it goes
MS. VASQUEZ: Please continue.
MORGAN TREMAINE: So I received that email, and it included a link from some unknown Dropbox-type public website in which it can be —
MS. BREDEHOFT: Objection, Your Honor. Hearsay. He's about to describe what comes from the Dropbox website, and that's...
THE COURT: So far he's just said it was a link from the Dropbox. We'll see with the next question. Go ahead with your next question.
MS. VASQUEZ: So you received a link. What was in that link?
MORGAN TREMAINE: A video of Johnny Depp smashing the cabinets.
MS. VASQUEZ: And you received this video in your inbox, correct?
MORGAN TREMAINE: I did.
MS. VASQUEZ: What did you do once you received that video?
MORGAN TREMAINE: We downloaded it. We alerted the web editor, who was sitting next to me at the time. We downloaded and then were instructed by the news producer to do what we call "slap bumpers and a bug on it," which is putting a "dun-dun-dun" at the beginning and end and then putting a translucent watermark over it which indicates copyright ownership.
MS. VASQUEZ: After you did that, was it posted?
MORGAN TREMAINE: It was posted, yes.
MS. VASQUEZ: Where was it posted?
MORGAN TREMAINE: It was posted to tmz.com.
MS. VASQUEZ: Did you do anything else related to Amber Heard on August 12th, 2016?
MORGAN TREMAINE: Yes. I received a tip that Amber Heard would be arriving at LAX, and so I dispatched camera people to film that exit -- or her arrival to LAX, rather.
MS. VASQUEZ: Why did you do that?
MORGAN TREMAINE: I was instructed to.
MS. VASQUEZ: How long does it take to post a story after media's been received by TMZ?
MORGAN TREMAINE: After media's been received, it could [T take any length of time, depending on who owns the copyright.
MS. VASQUEZ: How does TMZ obtain copyright over images and videos?
MORGAN TREMAINE: The only way to obtain copyright over video would be if we shot it ourselves. If it was sent to the tip line, source verified, it was the original copyright owner and then either purchase from that person.or given to us. And then the third option would be if it was directly given to us by the copyright holder like a direct source.
MS. VASQUEZ: And how long does it take to copyright something TMZ has received through the tip line?
MORGAN TREMAINE: It can take a while because you have to extensively verify that that person owns the copyright, and then possibly it depends also if they -- you can even get in contact with the person because they might not be super responsive immediately via phone or email that they provided. And then potentially, you'd have to enter negotiation with our clips and clearances department to figure out the cost of that media.
MS. VASQUEZ: How long does it take for TMZ to obtain a copyright of something received directly from a source?
MORGAN TREMAINE: Something in the realm of 15. minutes, just to do what I described before, which is putting bumpers and a bug on something, and write ‘the article and post it. It's pretty fast.
MS. VASQUEZ: How much time had passed from the time you received the kitchen cabinet video to the time it was posted on TMZ? A About 15 minutes.
MS. VASQUEZ: Did any other tabloids other than TMZ post this video?
MS. BREDEHOFT: Objection. Leading and calls for hearsay.
MS. VASQUEZ: "Did any other."
THE COURT: Overruled.
MS. VASQUEZ: Mr. Tremaine, go ahead.
MORGAN TREMAINE: No, they did not.
MS. VASQUEZ: And why not?
MORGAN TREMAINE: Because it was a TMZ exclusive.
MS. VASQUEZ: And what does that mean? fa to May 25, 2022
MORGAN TREMAINE: It means that TMZ owns the copyright to it, so it can't be distributed by any other media source without back-linking to TMZ,.and they wouldn't be able to upload that media without getting a copyright strike.
MS. VASQUEZ: Have you seen the kitchen cabinet video that was. played in this trial?
MORGAN TREMAINE: I have.
MS. VASQUEZ: How does that video that was played in this trial compare to the one you received on August 12, 2016? 12. A When Thad clicked the direct link that we received and watched the video in its entirety, it was much shorter than the video we had received — than the video that's been played in this trial. There was a bit at the beginning that was played here in which Ms. Heard is seemingly sort of setting up the camera and getting it in a position, and then there's a bit at the end where she's seemingly snickering and looks at the camera. That part was not present in what we received.
MS. VASQUEZ: Did TMZ edit the video?
MORGAN TREMAINE: No. Not even a little. When we receive something and it's edited, there's a clear indicator because there's a sort of journalistic practice that uses — when there's an edit, you do what's called, like, a white flash transition, which covers the entire screen with white to very clearly indicate to everybody, "There was an edit here for — time — or whatever," just to make it a little more compelling. But in this case it was not edited, as I was staring at the machine that edited it and present for the entirety of receipt to publishing.
MORGAN TREMAINE: @Q When was the next time you worked on an assignment related to Amber Heard?
MORGAN TREMAINE: It was — well, there was the time where we went to the airport, and then the day after that, because she had flown in for the deposition because I think the first time it didn't work out. So she was arriving again for a deposition in that same parking lot adjacent to a law office.
MS. VASQUEZ: And was that August 13th, 2016?
MORGAN TREMAINE: That was August 13th, yeah.
MS. VASQUEZ: And what was your assignment on August 13th, 2016?
MORGAN TREMAINE: To dispatch camera people to that parking lot at a specific time in order to film Amber Heard arriving for the deposition.
MS. VASQUEZ: How did you know that tip was legitimate?
MORGAN TREMAINE: It came from a news producer.
MS. VASQUEZ: While you worked at TMZ, did you ever receive any communications from Mr. Depp or his camp?
MORGAN TREMAINE: I did not.
MS. VASQUEZ: Nothing further, Your Honor.
THE COURT: Cross-examination?
MS. BREDEHOFT: Yes.
MS. BREDEHOFT: So how did you know what video was shown at this trial?
MORGAN TREMAINE: I was alerted by a friend that TMZ was being kind of talked about in this trial, and so J had seen a clip of that.
MS. BREDEHOFT: So you watched some of this trial?
MORGAN TREMAINE: Correct.
MS. BREDEHOFT: Okay. When did you first reach out to counsel for Mr. Depp?
MORGAN TREMAINE: I believe that was six days ago, whatever that date would be. I would have to do the —
MS. BREDEHOFT: Allright. And then you received a subpoena, I think yesterday, in care of your attorney, Cindy Hickox, right?
MORGAN TREMAINE: Yes.
MS. BREDEHOFT: Okay. And Cindy Hickox represents Christi Dembrowski, Kate James, Robin Baum --
MS. VASQUEZ: Objection, Your Honor. Calls for speculation.
THE COURT: Overruled.
MS. BREDEHOFT: Were you aware of that?
MORGAN TREMAINE: No.
MS. BREDEHOFT: Now, if you don't have information that's helpful to this case, then you wouldn't be a witness, correct?
MS. VASQUEZ: Objection. Calls for speculation.
MORGAN TREMAINE: I can't.
THE COURT: Sustained. Sustained. Next question.
MORGAN TREMAINE: I'I'm not lawyer.
MS. BREDEHOFT: You do know this case is being televised, right?
MORGAN TREMAINE: I am aware that there are cameras.
MS. BREDEHOFT: And so this gets you your 15 minutes of fame, doesn't it?
MS. VASQUEZ: Objection, Your Honor. Argumentative.
MS. BREDEHOFT: I can ask that question.
THE COURT: Overruled.
MORGAN TREMAINE: So I stand to gain nothing from this. I'm actually putting myself kind of in the target of TMZ, a very litigious organization, and I'm not seeking any 15 minutes here. But you're welcome to speculate. I could say the same thing by taking Amber Heard as a client for you.
MS. BREDEHOFT: A little argumentative, don't you think?
MORGAN TREMAINE: Hardly. I find that to be purely logical. Thank you.
MS. BREDEHOFT: Now, are you aware that Mr. Depp's attorneys were well aware of the TRO that was going to be presented on May 27th?
MS. VASQUEZ: Objection. Calls for speculation.
MS. BREDEHOFT: Were you aware of that?
MS. VASQUEZ: Lack of foundation.
THE COURT: Overruled. If you can, answer it. 17. A Can you restate the question? I'm sorry.
MS. BREDEHOFT: Were you aware that Mr. Depp's divorce attorneys were aware that Amber was going in to seek a TRO on May 27th?
MORGAN TREMAINE: I don't think I understand the question, but I don't think so, no.
MS. BREDEHOFT: Okay. Do you know --
MORGAN TREMAINE: It's kind of a complicated question.
MS. BREDEHOFT: Do you know whether Blair Berk, one-of Mr. Depp's divorce attorneys, has a very close -- had a very close relationship with TMZ at that ‘time?
MS. VASQUEZ: Objection. Calls for speculation.
THE COURT: Overruled. If he knows.
MORGAN TREMAINE: I was not aware of that. 12. Q Okay. And when you said that you were dispatched twice, once to film Amber for -- in a parking lot for the deposition and then it didn't work out, and so you had to do it another time; how did you know it didn't work out? 17. A_ Because tmz.com posted an article saying as much.
MS. BREDEHOFT: Okay. Now, I was not dispatched. I worked in the office. 922' Do you know why the deposition did not 22' Do you know why the deposition did not work out?
MORGAN TREMAINE: I'd have to reference the article. I forget.
MS. BREDEHOFT: So do you know --
MORGAN TREMAINE: I didn't write that story. I wasn't involved in-the actual development of that. 'Q Do you know which side, do you know which side would have known or not known whether that deposition was going to work out? In other words, the people representing Mr. Depp or the people representing Ms. Heard? 12. A I wouldn't know. 13. Q = Okay. And then the video clip, you don't know who provided'that, correct?
MORGAN TREMAINE: Correct.
MS. BREDEHOFT: Okay.
MORGAN TREMAINE: Not testifying to that.
MS. BREDEHOFT: I have no further questions.
THE COURT: Allright. Redirect.
MS. VASQUEZ: Mr. Tremaine why did you contact me in relation to this case?
MORGAN TREMAINE: I saw that there was a discrepancy with, like, the video that was shown here and the video that I know I had received. So I had no interest in testifying. It was I had reached out simply to maybe try to help with the timeline of things or help with the case in any way just by virtue of understanding the timeline of the stories that were published and kind of how that can be unclear. But I had no idea I'd be on the stand.
MS. VASQUEZ: Okay. Nothing further. Thank you.
THE COURT: Allright.- Sir, you're free to go. Thank you.
MORGAN TREMAINE: Thank you.