Verdict
77 linesCOURT BAILIFF: All rise. Please be seated and come to order. All right.
THE COURT: All right. I understand we have a verdict. Allright. Are we ready for.the jury?
MS. BREDEHOFT: Yes, Your Honor.,
THE COURT: All right. Just for | everybody in the gallery, reminder that this is a court of law. Regardless of the verdict, I will not tolerate any outburst, whatsoever, okay? - Thank you.
THE COURT: If! could have the attorneys approach for a minute.
THE COURT: On one of the forms, they found for defamatory statement but they didn't put anything down for compensatory nor for punitive damages. So I need to instruct them that since they found for at least one of the statements, that they need to put that down. Now, I can either write it down or I can just tell them now and send them back.
MS. BREDEHOFT: I'd just tell them.
THE COURT: I'm just going to tell them that they have to, on the last page, if they find defamatory statement on the last statement, they have to put -- they have to award compensatory damages of at least a dollar. And they have to put either zero or a number in for punitive damages.
MS. BREDEHOFT: Right.
THE COURT: Does that sound appropriate?
MS. VASQUEZ: That's fine, Your Honor.
MS. BREDEHOFT: That's fine.
THE COURT: Thank you.
THE COURT: All right. Ladies and | gentlemen of the jury, what I need you to do, I need to give the forms back to you. When you find for defamatory statement, one or more, you need to fill out the compensatory damages. It has to be at least a dollar for compensatory. damages, and up to whatever you feel the damages should be. And for punitive damages, you can put a zero there, or you can fill out that as well. But I need those lines filled out, okay? Allright. So, if I could have you retire back to the deliberation room and do that for me, okay.
[STAGE DIRECTION]: (Whereupon, the jury exited the courtroom and the following proceedings took place.)
THE COURT: All right. So we'll be in recess until we hear back from them. Don't go too far, okay?
MS. BREDEHOFT: Thank you.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. Shall we try this again? Let's do that. All right. We're ready for the jury.
THE COURT: All right. Mr. Foreperson, is this the verdict of the jury?
JUROR NUMBER 29: Yes, Your Honor.
THE COURT: And is it unanimous?
JUROR NUMBER 29: Yes, Your Honor.
THE COURT: All right. Jamie.
COURT CLERK: In Civil Case Number CL-2019-2911, Mr. Depp's Claim Against Ms. Heard. 1. As to this statement appearing in the online op-ed entitled "Amber Heard: I spoke the online op-ed entitled "Amber Heard: I spoke up against sexual violence - and faced our culture's wrath. That has to change." Do you find that Mr. Depp has proven all the evidence of defamation? Answer: Yes. Has Mr. Depp proven by a greater weight of the evidence that: Question: The statement was made or published by Ms. Heard? Answer: Yes. Question: The statement was about Mr. Depp? Answer: Yes. Question: The statement was false? Answer: Yes.
COURT CLERK: Question: The statement has a defamatory implication about Mr. Depp? Answer: Yes. Question: The defamatory implication was designed and intended by Ms. Heard? Answer: Yes. Question: Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp? Answer: Yes. Do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice? Answer: Yes. 2.
COURT CLERK: As to this statement appearing in the op-ed entitled "A Transformative Moment for Women" in The Washington Post's print edition and the online op-ed "Amber Heard: I spoke up against sexual violence - and faced our culture's wrath. That has to change" in The Washington Post's online edition: "Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who full force of our culture's wrath for women who speak out." Do you find that Mr. Depp has proven all the evidence of defamation? Answer: Yes. Has Mr. Depp proven by a greater weight of the evidence that: Question: The statement was made or published by Ms. Heard? Answer: Yes. Question: The statement was about Mr. Depp? Answer: Yes. Question: The statement was false? Answer: Yes. Question: The statement has a defamatory implication about Mr. Depp? Answer: Yes. Question: The defamatory implication was designed and intended by Ms. Heard? Answer: Yes.
COURT CLERK: Question: Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp? Answer: Yes. Do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice? Answer: Yes. As to this statement appearing in the op-ed entitled "A Transformative Moment for Women" in The Washington Post's print edition and the online op-ed "Amber Heard: I spoke up against sexual violence and faced our culture's wrath.
COURT CLERK: That has to change" in The Washington Post's online edition: "I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse." Do you find that Mr. Depp has proven all the elements of defamation? Answer: Yes. Question: Has Mr. Depp proven by a greater weight of the evidence that: Question: The statement was made or published by Ms. Heard? Answer: Yes. Question: The statement was about Mr. Depp? Answer: Yes. Question: The statement was false? Answer: Yes. Question: The statement has a defamatory implication about Mr. Depp? Answer: Yes. Question: The defamatory implication was designed and intended by Ms. Heard? Answer: Yes. Question: Due to circumstances surrounding the publication of this statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp? Answer: Yes.
COURT CLERK: Do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice? Answer: Yes. As against Amber Heard: We, the jury, award compensatory damages in the amount of $10 million. As against Amber Heard: We, the jury, award punitive damages in the amount of $5 million. In Civil Case Number CL-2019-2911. Ms. Heard's Claim Against Mr. Depp. 1. As to this statement, appearing in the April 8, 2020 online edition of The Daily Mail: "Amber Heard and her friends in the media used fake sexual violence allegations as both a sword and shield, depending on their needs."
COURT CLERK: They have selected some of her sexual violence hoax, 'facts' as the sword, inflicting them on the public and Mr. Depp." Do you find that Ms. Heard has proven all the elements of defamation? Answer: No. As to this statement appearing in the April 27th, 2020 online edition of The Daily Mail: "Quite simply, this was an ambush, a hoax. They set Mr. Depp up by calling the cops but the first attempt did not do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed the place up, got their story straight under the direction of a lawyer and publicist, and then placed a second call to 911." Do you find that Ms. Heard has proven all the elements of defamation? Answer: Yes. Has Ms.
COURT CLERK: Heard proven by a greater weight of the evidence that: Question: Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement? Answer: Yes. The statement was about Ms. Heard? Answer: Yes.
THE COURT: Question: The statement was seen by someone other than Ms. Heard? Answer: Yes. Question: The statement was false? Answer: Yes. Do you find that Ms. Heard has proven by clear and convincing evidence that the statement by Mr. Waldman was made with actual malice? Answer: Yes. As to this statement appearing in the April 27th, 2020 online edition of The Daily Mail: "We've reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp." Do you find that Ms. Heard has proven all of the elements of defamation? Answer: No.
THE COURT: As against John C. Depp, II: We, the jury, award compensatory damages in the amount of $2 million. All right. Does either side wish to have the jury polled?
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: Jamie.
COURT CLERK: Members of the jury, if this is your verdict, please answer yes. If this is not your verdict, please answer no. Juror Number 6?
JUROR NUMBER 6: Yes.
COURT CLERK: Juror Number 10?
JUROR NUMBER 10: Yes.
COURT CLERK: Juror Number 15?
JUROR NUMBER 15: Yes.
COURT CLERK: Juror Number 16?
JUROR NUMBER 16: Yes.
COURT CLERK: Juror Number 22?
JUROR NUMBER 22: Yes.
COURT CLERK: Juror Number 27?
JUROR NUMBER 27: Yes.
COURT CLERK: Juror Number 29?
JUROR NUMBER 29: Yes.
THE COURT: All right. I do find that that jury's verdict is unanimous. Ladies and gentlemen, this concludes your service in this case. I want to thank you, again, for your dedication and your hard work during this trial. I know I speak for everybody here when I appreciate -- tell you that we appreciate your sacrifices and your time and your public service in this matter, okay? So, I'm going to have you go back to the jury deliberation room for one more time, and then we'll release you from there, okay? Okay. Thank you.
THE COURT: All right. Okay. In accordance with law, I will amend the punitive damages award to the statutory cap of $350,000 on Mr. Depp's award, okay? Mr. Depp's award, okay?
THE COURT: I will set that down for entry of an order. And can we do it on June 24th at 10:00 a.m., if that's available.
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: All right. Mr. Chew, if you could prepare that order, and then circulate it to Ms. Bredehoft and we can have all the objections noted on it. All right?
THE COURT: All right. And if I get it before that date, I'll take it off the docket, okay?
THE COURT: All right. Again, thank you to all the attorneys for the professionalism and you're welcome to come to my courtroom anytime. Well, give me a few weeks, but then you can'come anytime, okay?
THE COURT: Court is adjourned.
MS. BREDEHOFT: Thank you, Your Honor.
COURT BAILIFF: All rise.
COURT BAILIFF: WHEREOF, I have hereunto set my hand and affixed my notarial seal this 2nd day of June, 2022. My Commission Expires: September 30, 2024. NOTARY PUBLIC IN AND FOR THE COMMONWEALTH OF VIRGINIA.