David Kipper — Direct
797 linesMR. NADELHAFT: I represent Amber Heard could you please provide your full name.
DR. KIPPER: David Alan, A-L-A-N, Kipper, K-1-P-P-E-R.
MR. NADELHAFT: And what is your business address, Dr. Kipper?
DR. KIPPER: 153 South Lasky, L-A-S-K-Y, Drive, Beverly Hills 90212, California.
MR. NADELHAFT: Now, you're a doctor, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: An internist?
DR. KIPPER: Yes.
MR. NADELHAFT: How long have you been practicing medicine?
DR. KIPPER: Since 1977.
MR. NADELHAFT: And I noticed on your website, it says I you provide concierge healthcare. What does that mean?
DR. KIPPER: That means I provide healthcare on a retainer-based arrangement.
MR. NADELHAFT: What do you mean by "retainer-based arrangement"?
DR. KIPPER: Patients pay an annual fee and all services are included. And I'm available 24/7.
MR. NADELHAFT: Now, you also practice -- part of your practice is addiction treatment; is that correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And you've written a book on addiction?
DR. KIPPER: Yes.
MR. NADELHAFT: What's the title of the book?
DR. KIPPER: "The Addiction Solution."
MR. NADELHAFT: And by "addiction," do you mean addiction to drugs and alcohol?
DR. KIPPER: Yes.
MR. NADELHAFT: Is there any other addictions that you practice treating?
DR. KIPPER: Well, there are behavioral addictions, but those are far less common.
MR. NADELHAFT: And in your practice, you've dealt with patients who have blacked out from drugs or alcohol?
DR. KIPPER: Yes.
MR. NADELHAFT: Who is Lisa Beane?
DR. KIPPER: A former employee in my office.
MR. NADELHAFT: And what was Ms. Beane's role in your office?
DR. KIPPER: She was a receptionist.
MR. NADELHAFT: And how long did Ms. Beane work for you?
DR. KIPPER: I don't have that specific information. I believe it was about three years.
MR. NADELHAFT: In working with Ms. Beane, did you find her to be honest?
DR. KIPPER: No, actually.
MR. NADELHAFT: Why was she not honest?
DR. KIPPER: She was inappropriate with certain patients, beyond what I considered to be professional. She discriminated in some regards to some patients. She was divisive in the office and created a lot of problems with the other Did you terminate her?
DR. KIPPER: Oh, no. She quit And who is Debbie Lloyd? Debbie Lloyd is a nurse that I have known for many years who has worked with me on home care and addiction cases.
MR. NADELHAFT: And is Ms. Lloyd an employee or a contractor with you?
DR. KIPPER: She's a contractor.
MR. NADELHAFT: Does she still contract with you, Ms. Lloyd?
DR. KIPPER: Yes, until recently. She now has a new position, so I'm not able to have her services at this point
MR. NADELHAFT: What was Ms. Lloyd's role in Mr. Depp's care?
DR. KIPPER: She served as his RN, as his registered nurse.
MR. NADELHAFT: And was Ms. Lloyd paid by you for Mr. Depp's care?
DR. KIPPER: A Yes.
MR. NADELHAFT: So would it work that you would bill Mr. Depp for the care that you gave and Ms. Lloyd gave, and then she would get paid from that?
DR. KIPPER: Yes.
MR. NADELHAFT: And who is Erin Boerum?
DR. KIPPER: She's an RN that was employed to help care for Amber.
MR. NADELHAFT: Was Ms. Boerum also a contract nurse?
DR. KIPPER: Yes.
MR. NADELHAFT: And so did she -- did Ms. Boerum have any role in Mr. Depp's care?
DR. KIPPER: Only if Debbie was unavailable, Erin would step in and vice versa.
MR. NADELHAFT: And did Ms. Boerum work with you on anybody else besides Mr. Depp or Ms. Heard?
DR. KIPPER: Yes.
MR. NADELHAFT: Does Ms. Boerum still work with you?
DR. KIPPER: Ms. Boerum now has two little kids, so she's not really available.
MR. NADELHAFT: I understand. I have two kids myself When were you first contacted about treating Mr. Depp?
DR. KIPPER: Somewhere in the spring of 2014.
MR. NADELHAFT: And do you recall how you -- who first referred you to Mr. Depp?
DR. KIPPER: He was referred by another patient.
MR. NADELHAFT: Did you talk to Tracey Jacobs at all about Mr. Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: What did you understand the business relationship was between Ms. Jacobs and Mr. Depp?
DR. KIPPER: That she was his agent
MR. NADELHAFT: Alex, why don't we put up -- Alex, can you put up Kipper 3, please.
DR. KIPPER: Q' Dr. Kipper, do you recognize this document?
DR. KIPPER: Yes, I do.
MR. NADELHAFT: And what is it?
DR. KIPPER: This is an intake evaluation that I had with Mr. Depp regarding his treatment.
MR. NADELHAFT: And do you keep these notes in the normal course of business?
DR. KIPPER: Yes.
MR. NADELHAFT: And the notes are meant to be accurate?
DR. KIPPER: Yes.
MR. NADELHAFT: And did you take the notes or did someone take them for you?
DR. KIPPER: I took these notes.
MR. NADELHAFT: Is May 22nd, 2014 the first time that you met Mr. Depp?
DR. KIPPER: No.
MR. NADELHAFT: When did you --
MR. NADELHAFT: Your Honor, I would move to admit Defendant's Exhibit 220, which is what Dr. Kipper was referring to there.
THE COURT: Any objection to 220, Defendant's 220?
MR. MONIZ: Yes, Your Honor. Foundation. Authentication. Hearsay. And 403.
THE COURT: All right. Let me catch up. I can get it here. That's fine.
THE COURT: 220?
MR. NADELHAFT: And, Your Honor, Dr. Kipper testified just now that these are his notes that he keeps in the regular course of business of his meeting with -- his initial consultation with Mr. Depp, which is what he does as a doctor and, you know, it's his medical records of his report with Mr. Depp. So I think he's established the foundation of that.
THE COURT: All right. Yes, sir.
THE COURT: Any response, Mr. Moniz?
MR. MONIZ: We're just having a slight technical issue pulling up the exhibit, Your Honor. I apologize. One minute.
THE COURT: That's fine.
MR. MONIZ: Your Honor, we would stand on the hearsay and relevance objections. There's a lot of material in this document that is not really germane to the issues in this case. At minimum, to the extent it's admitted, it should be admitted in redacted form In addition, it's not clear that there's any hearsay exception that would apply to everything in here. Not everything in here is a statement of a party, .I don't believe.
MR. MONIZ: And finally, the medical records reflected here go well beyond any possible relevance to the issues in this case. It's not appropriate. We would stand on that objection.
MR. NADELHAFT: All the statements in here are statements of Mr. Depp, so they'd either be a party admission or use -- and it's Dr. Kipper's -- it's his evaluation of Mr. Depp to treat him for his, as you'll see, his addictions, so it's all relevant. There's no hearsay. If there is, it meets the exception, as it's all Mr. Depp's statements. They've not even argued this, but it's clearly a business record.
MR. MONIZ: It's clear from the document, Your Honor, that there's more in here -- that the records here are, at minimum, broad or not germane to this case. I mean, this goes well beyond any medical records that could conceivably be relevant, we would respectfully submit, to the issues in this case.
THE COURT: I understand. Given the latitude as to family history and family medical history, I'll allow 220 into evidence, okay?
MR. MONIZ: Understood, Your Honor.
THE COURT: Okay.
MR. NADELHAFT: Thank you, Your Honor. I guess, can we publish it to the jury?
THE COURT: Not if you're watching.
MR. NADELHAFT: Oh. The way we've -- that's fine, Your Honor, we can just have him testify. That's fine.
THE COURT: Okay.
MR. NADELHAFT: Thank you, Your Honor.
THE COURT: Uh-huh.
MR. NADELHAFT: Prior to May 22nd, 2014?
DR. KIPPER: I met him a couple months before that as just an initial introduction to discuss possible treatment.
MR. NADELHAFT: And where were you when you first met Mr. Depp?
DR. KIPPER: He met me at my home office.
MR. NADELHAFT: And were there any-- did you have any notes of that meeting at the home office?
DR. KIPPER: No.
MR. NADELHAFT: What did you discuss with Mr. Depp at that first meeting?
DR. KIPPER: At that meeting, I discussed with him my involvement in helping him with his substance issues.
MR. NADELHAFT: And what substance issues did he say he had?
DR. KIPPER: So, to answer your question, Mr. Depp was seeking treatment for substance abuse and wanted to detoxify from his substance abuse.
MR. NADELHAFT: Did he mention -- did Mr. Depp say what substances he was trying to detox from?
DR. KIPPER: Yes. And as indicated in this note, it was polysubstance. So, there was alcohol, opiates, benzodiazepines, and stimulants.
MR. NADELHAFT: So, you referenced the note, which is Kipper 3, in your meeting with Mr. Depp in the months before May 22nd, 2014, Mr. Depp was looking to detox from alcohol opiates, benzo, and cocaine?
DR. KIPPER: Those substances were in his history. The substance that he was, at that point, concerned about, and abusing, were opiates.
MR. NADELHAFT: And when you say he was concerned about the substance he was abusing was opioids, was this in the conversation before May 22nd, 2014?
DR. KIPPER: I can't remember specifically.
MR. NADELHAFT: Okay. So you had this initial conversation with Mr. Depp, and then you had this initial consultation with him a few months later; is that correct?
DR. KIPPER: Yes, that's correct
MR. NADELHAFT: And you met with Mr. Depp in Boston?
DR. KIPPER: Yes.
MR. NADELHAFT: And Mr. Depp was filming a movie at the time?
DR. KIPPER: Yes.
MR. NADELHAFT: And in your notes, you say he had a history of self-medicating behaviors involving multiple substances of abuse. These include alcohol, opiates, benzodiazepines, and stimulants cocaine.
MR. NADELHAFT: Is that accurate, what he told you?
DR. KIPPER: Yes. That statement's in my notes, correct
MR. NADELHAFT: Okay. And with -- and in addition to opiates, was Mr. Depp addicted to any other prescription drugs?
DR. KIPPER: No. Other than opiates, no.
MR. NADELHAFT: What was Roxicodone?
DR. KIPPER: It's an opiate.
MR. NADELHAFT: And what is Adderall?
DR. KIPPER: Adderall is a stimulant.
MR. NADELHAFT: Okay. And was Mr. Depp addicted to Adderall?
DR. KIPPER: No.
MR. NADELHAFT: What is Xanax?
DR. KIPPER: Xanax is a benzodiazepine.
MR. NADELHAFT: This fast paragraph on this page, these are notes based off of your discussion with Mr. Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: And then on the second page, where it says "physical examination," that's just what you
DR. KIPPER: Yes.
MR. NADELHAFT: And where it says impression, on the third page that was your impression of Mr. Depp at the time of May 22nd 2014
DR. KIPPER: Yes.
MR. NADELHAFT: And under that, the plan, that's documenting your plan for Mr. Depp going forward?
DR. KIPPER: Correct
MR. NADELHAFT: Did Mr. Depp pay for this.visit?
DR. KIPPER: Yes.
MR. NADELHAFT: When was the plan to start treatment of Mr. Depp?
DR. KIPPER: After his - after he completed his current film.
MR. NADELHAFT: )r. Kipper, do you recognize Kipper Exhibit 4?
DR. KIPPER: Yes.
MR. NADELHAFT: And what are the -- what is Kipper Exhibit 4?
DR. KIPPER: It's a progress note of - dated June 11, '14, 2014.
MR. NADELHAFT: And do you keep these notes in the normal course of business?
DR. KIPPER: Yes.
MR. NADELHAFT: And did you take these notes?
DR. KIPPER: Yes.
MR. NADELHAFT: And the notes are meant to be accurate, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. You mentioned it before --
MR. NADELHAFT: Can we pause the video. Your Honor, if you can pause it.
THE COURT: It takes a second for it to catch up.
MR. NADELHAFT: I understand.
THE COURT: Thank you.
MR. NADELHAFT: Your Honor, I move for the admission of Exhibit 246.
MR. NADELHAFT: It's the same type of medical record that was just admitted for 220.
THE COURT: Any objection? I'll give you a moment to read it.
MR. MONIZ: Thank you Your Honor Just one moment Understanding Your Honor's ruling on the last record I think we'll anticipate that the exhibit can come in
THE COURT: All right. So I will take that as no objection.
THE COURT: All right. 246 in evidence. Thank . you.
MR. NADELHAFT: Thank you.
DR. KIPPER: Multiple substance issues. Multiple substance abuse.
MR. NADELHAFT: And you were treating Mr. Depp for multi-substance abuse, correct?
DR. KIPPER: I was going to be treating Mr. Depp for opiate issues.
MR. NADELHAFT: On the bottom of the first page, where it says "impression," that was your impression of Mr. Depp at the time, where it says "polysubstance abuse"?
DR. KIPPER: Yes.
MR. NADELHAFT: And were these the drugs that Mr. Depp was taking at the time, which is at the bottom of page 1 of Kipper 4?
DR. KIPPER: I'm sorry, can you - am I relating to the first entry under impression?
MR. NADELHAFT: It says -- what does it mean where it says dopaminergic imbalance with lithium 300 MG BID to be increased 300 MG TID?
DR. KIPPER: Those were medications that I had planned to use upon our treatment.
MR. NADELHAFT: For all the medications that are in Kipper 4 under impression, those are medications you planned to use with Mr. Depp; is that correct?
DR. KIPPER: That's correct.
MR. NADELHAFT: And on the next page, where it talks about opiate dependence, you write, will maintain on current Norco dosage TID until current filming is completed in mid to late July. Mr. Depp agrees to undergo detoxification with Clonidine, Robaxin, Bentyl and anxiolytics. I can't pronounce it, I'm sorry.
DR. KIPPER: Yeah, you did a good job. That's what it says, yes.
MR. NADELHAFT: What does "TID" mean? Do you see where it says --
DR. KIPPER: Three times a day.
MR. NADELHAFT: Three times a day. Okay.
MR. NADELHAFT: And Mr. Depp was also going to undergo a sobriety program; is.that correct?
DR. KIPPER: Yes.
MR. NADELHAFT: And it says "To be regularly drug tested in my office."
MR. NADELHAFT: How regularly was he to be drug tested, Mr. Depp?
DR. KIPPER: That was dependent upon his progress and my understanding of how he was doing.
MR. NADELHAFT: And if he was progressing well, how often would Mr. Depp be drug tested? 12. You can answer.
DR. KIPPER: The answer is what I said, it would really depend, Adam, on how he was doing at the time and how he was progressing through his treatment.
MR. NADELHAFT: Do you recall how many drug tests. you gave Mr. Depp in 2014?
DR. KIPPER: No.
MR. NADELHAFT: You gave him at least one, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay.
DR. KIPPER: I believe so. I'd have to check through my records
MR. NADELHAFT: Okay. And Deborah Lloyd was going to be Mr . Depp's nurse, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: You can take down Kipper 4. And can you put up Kipper 5, please.
MR. MONIZ: And, Your Honor, we would move into evidence Plaintiffs Exhibit 40.
THE COURT: Plaintiff's Exhibit 40.
THE COURT: Is there any objection?
MR. NADELHAFT: So, am I understanding you're putting in -- you: want to move in the entire document, 123 pages?
MR. MONIZ: We have redacted portions of it.
MR. NADELHAFT: Okay.
MR. MONIZ: Yeah.
MR. NADELHAFT: Your Honor, I would just have to look to make -- Your Honor, I'm generally okay with it, but just I'd have to -- it's 123 pages and then there's certain redactions. I just would need to see what was redacted.
THE COURT: Right.
MR. NADELHAFT: I'm generally okay with --
THE COURT: So I'll enter it with the reservation for redactions that need to be made. We .can do that.
MR. NADELHAFT: Thank you, Your Honor.
THE COURT: All right. ye can do that. 40.
MR. NADELHAFT: So I don't know if they're thinking of publishing it, but I would ask that they not publish it. Let the video play, as he testifies to it, and then we can discuss --
THE COURT: Is that okay?
MR. MONIZ: Given the lack of agreement on the redactions, Your Honor, we think that's fair.
THE COURT: Okay. We can do that.
MR. NADELHAFT: Thank you.
MR. NADELHAFT: And Kipper 5 is a long document. It came out of your files.
MR. NADELHAFT: Do you recognize this document?
DR. KIPPER: Yes.
MR. NADELHAFT: What is Kipper 5?
DR. KIPPER: It's a progress note dated the 12th of June, 2014.
MR. NADELHAFT: So this exhibit, Kipper 5, which I will refer to throughout the -- your deposition, is a multipage document that is progress notes throughout -- from multiple dates that came out of your files.
MR. NADELHAFT: Do you know who created these progress notes?
DR. KIPPER: I created these progress notes.
MR. NADELHAFT: It wasn't Ms. Lloyd?
DR. KIPPER: No, these are my notes.
MR. NADELHAFT: Okay. All right. And you kept the notes in the normal course of business?
DR. KIPPER: Yes.
MR. NADELHAFT: And, again, the notes are meant to be April 14, 2022 accurate?
DR. KIPPER: Yes.
MR. NADELHAFT: Oh, I'm sorry. Let's. go back up. So the 6/13/14, that is your notes? A Correct Q. Okay. And it says "Met with patient in his apartment. Patient continued to be pleasant and cooperative. He stated that he initially started taking opiates after some dental work and became dependent on them."
MR. NADELHAFT: Do you recall that conversation with Mr. Depp?
DR. KIPPER: Yes. Those are my notes.
MR. NADELHAFT: Okay. And it's also accurate that the patient is fearful of coming off of opiates but knows what he needs to do?
DR. KIPPER: Yes. That reflects the conversation I had.
MR. NADELHAFT: Okay. And that "Patient also expressed in emotional trauma which causes him depression and anxiety"?
DR. KIPPER: Also true.
MR. NADELHAFT: And if we go to Kipper 54 of Kipper Exhibit 5; these are the medications that Mr. Depp's assistant gave to you?
DR. KIPPER: Correct.
MR. NADELHAFT: And going down, it's accurate where it states that patient states that he currently takes oxycodone 15 mg BID and oxycodone 30 mg at bedtime?
DR. KIPPER: Yes, that's correct
MR. NADELHAFT: All right. I'm going to scroll down a bit here. And we're going to go to Kipper 60 on. Kipper Exhibit 5, the notes for 6/22/14.
MR. NADELHAFT: This is, again, a note that you prepared? Is this a note that you prepared, Dr. Kipper?
DR. KIPPER: I'm reviewing this.
MR. NADELHAFT: Okay. sorry.
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. And you see where it says, in the middle, "Patient spoke about his difficult childhood and current mood swings"?
DR. KIPPER: Yes. T DEPOS
MR. NADELHAFT: What did Mr. Depp tell you about his mood swings?
DR. KIPPER: That he had evanescent changes in his mood, from good to bad.
MR. NADELHAFT: And did he give any more information about what a bad mood would be?
DR. KIPPER: No. It was implied that that would be depression, sadness.
MR. NADELHAFT: What about anger?
DR. KIPPER: That was not - I don't remember him saying that.
MR. NADELHAFT: And this note also said that he had been depressed for the past three days, right above where we just looked?
DR. KIPPER: Yes.
MR. NADELHAFT: And, Alex, keep this up, but put up Kipper Exhibit 6, please.
MR. MONIZ: Your Honor, we would move into evidence Depp Exhibit 42.
THE COURT: 42. Any objection to 42?
MR. MONIZ: This is another redacted document, Counsel.
THE COURT: Mine's not redacted yet, correct?
MR. NADELHAFT: I don't see any redactions.
MR. MONIZ: We have a redacted copy, which we can provide. Also, I believe this is unobjected to on our exhibit list.
THE COURT: So, pending redactions?
MR. NADELHAFT: Well, the copy we have O didn't have redactions; so I'm not sure. Non-redacted, I'm happy to have it included, but I would need to see the redactions.
THE COURT: I'll reserve on redactions, then, as we did with 40. So, 42 on redactions.
MR. MONIZ: Understood, Your Honor.
THE COURT: Decisions. Okay.
MR. NADELHAFT: Dr. Kipper, do you recognize Kipper Exhibit 6?
DR. KIPPER: Yes.
MR. NADELHAFT: What is it?
DR. KIPPER: It's a summary of the treatment and April 14, 2022 encounter with Mr. Depp from June 22nd to June 24th of 2014.
MR. NADELHAFT: And you keep these notes in the normal course of business, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: And, again, they're meant to be accurate, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. And these notes reflect that you saw Mr. Depp in Boston again?
DR. KIPPER: Correct.
MR. NADELHAFT: And the second paragraph, you write "We discussed the need for compliance with his medications. We also discussed nicotine habit and agreed we would address this when we completed the opiate and benzo detoxification. Mr. Depp's filming will be completed around mid July and we discussed the planned detoxification. Mr. Depp prefers to do this in his home in the Caribbean Islands. The anticipated duration is between 10 to 14 days, and he would be completely isolated without any professional or personal obligations."
MR. NADELHAFT: Does this reflect the discussion you had with Mr. Depp?
DR. KIPPER: Yes, it does.
MR. NADELHAFT: And you also discussed that "Mr. Depp understands that a nurse, Debbie Lloyd, will assist me with his program and I will initiate this withdrawal and supervise daily, visiting him at the end of his treatment to design the next steps in his therapy. And this protracted therapy will include 12-step private counseling and personal psychotherapy and couples therapy with his fiancee Amber. Both are in agreement with this plan."
MR. NADELHAFT: Does that reflect the conversation you had with Mr. Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: And was Ms. Heard at this conversation as well?
DR. KIPPER: I don't remember, but the last sentence implies that both were in agreement, so it's very possible that she was, but I honestly can't remember.
MR. NADELHAFT: And during this detoxification, who was going to be with Mr. Depp at his home in the Caribbean Islands?
DR. KIPPER: His fiancee, Amber and the nurse, Debbie Lloyd, and whatever staff members he _had.
MR. NADELHAFT: Where was Ms. Lloyd going to be each day in the Caribbean Islands?
DR. KIPPER: She was going to be on his property in a separate area.
MR. NADELHAFT: And who was administering the medications to Mr. Depp?
DR. KIPPER: Ms. Lloyd was giving these medications and supervising that. And there were periods of time at night during the evening, early morning that Ms. Heard was also helping with this.
MR. NADELHAFT: And would there be times when Ms. Heard was administering the medications to Mr. Depp without Ms. Lloyd being present?
DR. KIPPER: Correct. Under supervision but without being present.
MR. NADELHAFT: When you say "under supervision," what do you mean by that?
DR. KIPPER: That Ms. Lloyd would give. Ms. Heard the direction on how to provide these medications.
MR. NADELHAFT: But wasn't necessarily going to be physically present there when the medications were . delivered to Mr. Depp, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And Mr. Depp admitted to you that there may be traces of cocaine since he'd been abusing the sub.stance prior to the initiation of this program, correct?
MR. NADELHAFT: Is this correct what you write here, in Kipper 6, that Mr. Depp_admitted there may be traces of cocaine?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. Can you -- let's just go to -- back to exhibit 5. And if we go to -- do you see the note on 6/24/14 at 1200?
DR. KIPPER: Yes.
MR. NADELHAFT: Is 12:00 the time?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. And are these your notes again?
DR. KIPPER: These are my notes.
MR. NADELHAFT: Dr. Kipper, these 18 pages came from your production, and I'll represent to you that there were no drug tests that I saw for 2014 or 2015 from Mr. Depp.
MR. NADELHAFT: Do you know why that is?
DR. KIPPER: The only thing I can---: the answer is, no. I don't understand that. We had a flood in our office in 2014, October. The office above us flooded our office and the basement, which is where we kept certain records. But I'm not sure which records relating to Mr. Depp would have been involved in that.
DR. KIPPER: But other than that, no.
MR. NADELHAFT: Would the -- would drug tests for Mr. Depp for 2014 and 2015, would those also be kept electronically?
DR. KIPPER: No.
MR. NADELHAFT: Who did you work with to conduct the drug test of Mr. Depp? 2()
DR. KIPPER: Yes, I ordered the drug test.
MR. NADELHAFT: And what company did you work with?
DR. KIPPER: It appears that it's MD Lab That's the lab we use
MR. NADELHAFT: And the drug tests that we do have, they came from your files, correct?
MR. NADELHAFT: A. Correct.
MR. NADELHAFT: And they're meant to be accurate, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And you would agree that drug testing you took of Mr. Depp in the 2016 through 2019 period showed Mr. Depp testing positive for cocaine, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: The drug test showed Mr. Depp being positive for cocaine, correct?
DR. KIPPER: Yes, correct
MR. NADELHAFT: And for THC, Mr. Depp was also positive for THC, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And benzo; is that correct?
DR. KIPPER: The answer would be yes. I'm looking for benzo. The answer would be correct because he was maintained on benzos, benzodiazepines.
MR. NADELHAFT: How long was Mr. Depp on benzodiazepine?
DR. KIPPER: He was on benzodiazepines pretty much throughout our relationship during this period of time.
MR. NADELHAFT: Wasn't one of the objects to get him off of benzodiazepines?
DR. KIPPER: It was. And we actually used a medication to accomplish that, initially. But he didn't tolerate that medication very well. Not everyone does. So he was put back on his benzos.
MR. NADELHAFT: On page 3 of Exhibit 7, what's being shown here under where it starts with cocaine metabolites?
DR. KIPPER: This is a listing of substances with reference ranges. And I think if you scroll down, you'I see his specific.analysis related to that.
MR. NADELHAFT: And on page 4, Robert Wells was the name for Mr. Depp; is that correct? An alias, correct?
DR. KIPPER: Yes, correct.
MR. NADELHAFT: Okay And this is a drug test for y g 11/21/16 correct
DR. KIPPER: Yes.
MR. NADELHAFT: And what is it showing Mr. Depp positive for, what drug?
DR. KIPPER: Positive for cocaine, amphetamines, and benzodiazepines.
MR. NADELHAFT: Okay. And on page 5, this is a test, drug test, for November 21st, 2016, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: Okay. And it's showing -- what drugs is it showing Mr. Depp was positive for?
DR. KIPPER: It shows cocaine, benzodiazepine, cannabinoids, and amphetamines.
MR. NADELHAFT: And, again, you did take -- the drug tests were taken of Mr. Depp in 2014 and 2015, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: Now, you had mentioned before, and the note said that the plan was for Mr. Depp to detox on his island in the Bahamas; is that right?
DR. KIPPER: Correct.
MR. NADELHAFT: Okay. And were you going to be going to the island at any point? Were you planning to?
DR. KIPPER: Yes.
MR. NADELHAFT: Was it going to be throughout Mr. Depp's entire detoxification or when were you planning on being at the island?
DR. KIPPER: I was planning to see him, and did see him, towards the beginning, as we initiated treatment, and towards the end, when we were transitioning from that treatment into the next phase of his treatment.
MR. NADELHAFT: Now, on 8/8/14, it says "Arrived on island today. Plan is for patient to continue to take routine meds through tomorrow at HS. At that time, he will not take his oxycodone and detox medications will be initiated."
MR. NADELHAFT: Do you see that?
DR. KIPPER: Yes.
MR. NADELHAFT: Is that you arriving at the island or Ms. Lloyd arriving at the island?
DR. KIPPER: That's Ms. Lloyd.
MR. NADELHAFT: So that 8/8/14 note is her note, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: Okay. So some notes are hers and some of these notes are yours?
DR. KIPPER: These notes going forward are her notes, appear to be her notes.
MR. NADELHAFT: What type of system were you putting these notes into?
DR. KIPPER: I don't understand your question.
MR. NADELHAFT: Well, the notes just appear to be continuous and you said some were your notes, some are her notes.
MR. NADELHAFT: I'm trying to understand how they got together?
DR. KIPPER: Because I put all of his treatment notes together to be in one place.
MR. NADELHAFT: Would Ms. Load type these notes or were they handwritten?
DR. KIPPER: She would type these notes.
MR. NADELHAFT: And then who put them all together?
DR. KIPPER: I did.
MR. NADELHAFT: Okay. You see 8/9/14, Patient expressed fears of never feeling normal without I his drugs?
MR. NADELHAFT: Do you see that?
DR. KIPPER: I see that
MR. NADELHAFT: Was that -- did Mr. Depp ever express that to you?
DR. KIPPER: Yes, in some form, he discussed that with me.
MR. NADELHAFT: Hold on one second. Sorry.
MR. NADELHAFT: Do you see, at Kipper 71, where it says IO ":MD's flight has been canceled. Arrangements are being made for him to arrive on the island on 8/12/14"?
DR. KIPPER: Yes, I see that
MR. NADELHAFT: Is it accurate that you arrived at Mr. Depp's island on August 12th, 2014?
MR. NADELHAFT: Is that accurate?
DR. KIPPER: Yes. That's accurate.
MR. NADELHAFT: Okay. Did you go to assess Mr. Depp on August 15th, 2014, according to these notes?
DR. KIPPER: That's correct.
MR. NADELHAFT: And by the way, fiancee is Ms. Heard in these notes, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: And patient is Mr. Depp, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And this is at Kipper 77 on Kipper 5. "Patient is upset and irritable: :MD and RN went to assess patient."
MR. NADELHAFT: Is that accurate, that you came to see Mr. Depp at I :00 in the morning?
DR. KIPPER: Yes.
MR. NADELHAFT: And after receiving a text from Ms. Heard?
DR. KIPPER: Correct.
MR. NADELHAFT: And Mr. Depp, the note says he states -- he being Mr. Depp, states "He had a fight with fiancee and is questioning whether or not he can emotionally and physically handle detox."
MR. NADELHAFT: Do you recall this conversation?
DR. KIPPER: I can't remember that conversation, but I do know that he was struggling at that point.
MR. NADELHAFT: And how was he struggling?
DR. KIPPER: Again, he was frustrated, he was uncomfortable, physically.
MR. NADELHAFT: Dr. Kipper, this is an email -- well, do you recognize this document?
DR. KIPPER: I do.
MR. NADELHAFT: And what is Kipper 8?
DR. KIPPER: This is an email that I sent to his sister; Christi.
MR. NADELHAFT: Christi Dembrowski is Mr. Depp's sister?
DR. KIPPER: Correct.
MR. NADELHAFT: And you sent this email to Ms. Dembrowski on August 18th, at 7:54 a.m., correct?
DR. KIPPER: Correct.
MR. NADELHAFT: This email was shortly after you had met with Mr. Depp, in the note we just looked at, correct?
MR. NADELHAFT: Well, 7:54 Pacific, so it was sometime in the morning in the Bahamas, correct?
DR. KIPPER: I guess. I don't have that calculator in front of me.
MR. NADELHAFT: It's either three or four hours ahead, so it's either 1 0 :54, maybe it's 11 :54 in the morning, correct?
DR. KIPPER: Correct. I guess that's right. I mean, I assume that's right.
MR. NADELHAFT: Okay. And you wrote this -- and why did you write this email to Ms. Dembrowski?
MR. NADELHAFT: A. We were planning to transition back to Los Angeles. We had completed the initial phase of his detoxification, and I wanted to update her as to my impressions on how he was doing and how we would proceed going forward.
MR. NADELHAFT: And you wrote this to Ms. Dembrowski because you were concerned about Mr. Depp; is that correct?
DR. KIPPER: I wrote this so that she was aware of where we were in the process of his treatment.
MR. NADELHAFT: And you wrote this after he had an incident with Ms. Heard, correct?
DR. KIPPER: I did not witness the incident. I wrote this after we were called to see him because there was an alleged incident, but he clearly was uncomfortable at that time when we came to see him. And, again, we were getting ready to transition off of the island and I wanted Christi to have a clear understanding of where we were at that time.
MR. NADELHAFT: Can we pause?
MR. NADELHAFT: And then at 12:30 --
MR. NADELHAFT: Thank you. I was going to move for the admission of Defendant's exhibit 268.
MR. MONIZ: And, Your Honor, we're going to have a substantial hearsay and speculation objection to this exhibit. This is a communication fr01i1 Dr. Kipper to a third party. It's hearsay from start to finish and not within any exceptions, and the fact that it contains speculation.
THE COURT: Okay.
MR. NADELHAFT: I think there are certain hearsay in the first paragraph and in the third, on the second page. But the rest of it is Dr. Kipper's impressions of Mr. Depp.
MR. MONIZ: It's not a statement offered for the truth, Your Honor. It's hearsay.
THE COURT: I'm going to sustain as to hearsay.
MR. NADELHAFT: Thank you, Your Honor.
THE COURT: Uh-huh.
MR. NADELHAFT: You and Ms. Lloyd met with Mr. Depp?
DR. KIPPER: Yes. According to these notes, yes.
MR. NADELHAFT: Okay. And do you know, is this now in the Bahamas or back in Los Angeles?
DR. KIPPER: I need to go back to the date, not the time.
DR. KIPPER: Can you scroll up? Thank you.
MR. NADELHAFT: 8/20/14.
DR. KIPPER: And I'm just looking at my calendar. Yes, we were now back in Los Angeles.
MR. NADELHAFT: And in the notes on 12:30 on August 20th, "Mr. Depp stated he was done with the process and no longer wanted MD and RN services."
MR. NADELHAFT: Do you see that?
DR. KIPPER: Yes.
MR. NADELHAFT: Do you recall Mr. Depp telling you that?
DR. KIPPER: Yes.
MR. NADELHAFT: And do you recall Mr. Depp saying that there was tension between him and Ms. Heard?
DR. KIPPER: Yes.
MR. NADELHAFT: Was the plan for Ms. Heard to take a few day for herself?
DR. KIPPER: Yes.
MR. NADELHAFT: And Mr. Depp wanted -- is it true that Mr; Depp wanted to stop taking all the medications you were providing him?
DR. KIPPER: Yes. That's reflected in this note.
MR. NADELHAFT: Now, you mentioned you had --you did text with Mr. Depp on occasion, correct?
DR. KIPPER: I believe so, but I really can't remember any specific time or message that I sent to him
MR. NADELHAFT: Dr. Kipper, Mr. Depp has produced a number of texts in this litigation between you and him, and they're in this chart here. We're not going to go through all of them, I promise you. I But I want to ask you about a few of them. And we'll do this kind of throughout the deposition.
MR. NADELHAFT: And on 8/21/2014, it says Dr. David Kipper, this 310 phone number.
MR. NADELHAFT: Was that your phone number at the time?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. And this is a text from you that says -- to Mr. Depp that says "Glad you're better today. Respect you as much as I love you. You're impossible not to love, but an easier job not to respect. You're making my job a pleasure, an honor, and a few sleepless nights. Stop firing me; I know what I'm doing."
MR. NADELHAFT: Do you recall sending that text to Mr. Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. How long had you been working with Mr. Depp at this point, as of August 21st, 2014?
DR. KIPPER: And can you define "working with him"? Are you talking about specifically the detox or are you talking about our initial meeting?
MR. NADELHAFT: Even if we go with the initial meeting, how many months has that been?
MR. NADELHAFT: Your Honor, one second. Your Honor, as I mentioned in the deposition, Defendant's exhibit 1063 is a long list of text messages between Dr. Kipper and Mr. Depp, a number of which are going to be testified to today or Monday, and I would just ask that the ones that they testify to, we would provide in a redacted form, which would just be just the texts that they're testifying to, and it would be for a number throughout. I can get up each time, but I was hoping I wouldn't have to do that.
MR. MONIZ: Your Honor, I think we're going to have to maintain a hearsay objection. It's a text-by-text issue, whether it falls within any exception. So we're not going to be able to agree that the entire document comes in. It's possible that some may come in, but I think that's something that maybe needs to be worked out between counsel afterwards.
THE COURT: He's still going to testify to it because--
MR. MONIZ: Understood, Your Honor. The testimony comes in. That doesn't mean the document itself is admissible.
THE COURT: I'll reserve on 1063,, and we'll figure out redactions.
MR. NADELHAFT: Thank you, Your Honor.
DR. KIPPER: So about four months.
MR. NADELHAFT: Okay. And you write "Stop firing me." In that four months, how many times had Mr. Depp tried to fire you?
DR. KIPPER: That was - I believe that was the first time. And, again, this was in reference to him not wanting to proceed and not wanting our help. This is actually - I'm sorry, this was the second time. Because the first time was on the island, just as we were getting ready to leave. He did not want to proceed. He didn't think he could do it. That changed after a conversation. He was back on board. And this came from - I think followed that incident that you - we just referred to in the notes, when we were asked to come and visit with him and where he didn't want to proceed. And then, again, at the end of that visit, he was back on board.
MR. NADELHAFT: Okay. Now, on August 24th, 2014, it shows a text, when it shows him, that's Mr. Depp, to you, David Kipper. And Mr. Depp wrote "Forgot to tell you, had a hopefully very positive and free-of-ego squawk with Amber last night that went very well . And then I shot a few Negroes in a club on Sunset Boulevard. So far, so good ... "
MR. NADELHAFT: Do you recall this text from Mr. Depp?
DR. KIPPER: No.
MR. NADELHAFT: Was that Mr. Depp's typical language?
DR. KIPPER: Again, I don't recall this specific email. So that may be - that may have been an attempt at humor?
MR. NADELHAFT: Dr. Kipper, Kipper 10 is an -- do you recognize this document?
DR. KIPPER: No. But I'm looking at it.
MR. NADELHAFT: Let me ask you this: Do you recall if arrowsarc@icloud.com was Ms. Heard's email address?
DR. KIPPER: I assume that by looking at this document.
MR. NADELHAFT: Exhibit 5, Kipper 101, at 9/22/14, at 1 :25, you see it says "RN received text from patient stating that he been in an argument with fiancee she had a 'nasty freak out' and would like nurse to give him some 'fucking knock out yum yum.' RN instructed the patient to take pm Neurontin 300 mg pm and Seroquel 50 mg, and that RN was on her way."
MR. NADELHAFT: Do you see that?
DR. KIPPER: Yes.
MR. NADELHAFT: And this is a note from Ms. Lloyd?
DR. KIPPER: Correct.
MR. NADELHAFT: Okay. And then it says, at 3:30, "Upon arriving at the home, patient was sitting in kitchen with scraped and bloody knuckles on R hand," meaning his right hand, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: Patient stated he punched whiteboard in kitchen after fight. Patient stated he had been texting his friend explaining why he didn't show up to play music and fiancee was upset he was not giving her enough support and the fight escalated from there. Called the MD at 1 :45 and instructed to give a stat order of Ambien 10 mg to help patient get to sleep as he has an early workday.
MR. NADELHAFT: Do you recall Ms. Lloyd telling you about her visiting Mr. Depp and him having bloody knuckles and a scraped hand?
DR. KIPPER: Specifics - I'm reading the note you're reading, and, yes, I remember there was an incident.
MR. NADELHAFT: And an incident where Mr. Depp had scraped and bloody knuckles on his hand?
DR. KIPPER: As indicated in the note, yes. I did not see bloody knuckles. I did not see a punched board. This was a communication that I received through the notes from Ms. Lloyd.
MR. NADELHAFT: And do you recall if you had -- it does say you were called. Do you recall if you had a conversation with Ms. Lloyd about it?
DR. KIPPER: Yes. I recall having spoken about g p there had been an incident. I don't recall the specifics of that conversation.
MR. NADELHAFT: Okay. On Kipper 5 at 10 -- the date of 10/14, let me show you there, which is on Kipper 10 of Kipper 5, and then going down to 1930, it says "Patient finished filming extremely agitated leaving the set. Patient kicked in the door of his trailer and refused to speak to director. Patient was verbally aggressive to another person on the set for no apparent reason. Per MD, patient is to take Xanax, 2 mg, to reduce his agitation at this time."
MR. NADELHAFT: Do you recall that, Dr. Kipper?
DR. KIPPER: I do remember this, this entry, yes.
MR. NADELHAFT: Okay. And you remember being told that Mr. Depp kicked in a door of his trailer and refused to speak to his director, correct?
DR. KIPPER: I don't remember the specifics, but I do remember there was some disagreement between Mr. Depp and the director.
MR. NADELHAFT: And where it says "Per MD, patient is to take Xanax 2 mg to reduce his agitation at this time," is that an increase of his Xanax that he was to receive?
DR. KIPPER: Yes.
MR. NADELHAFT: And you see at 10/15 at 6:45, it says "Patient awake and states he slept from 2200 to 4:30. Patient continues to be agitated about work and verbalizing having desires to escape with drugs."
MR. NADELHAFT: Do you recall seeing this note?
DR. KIPPER: Yes.
MR. NADELHAFT: And do you recall Ms. Lloyd telling you this about Mr. Depp?
DR. KIPPER: I don't remember if she told me that he wanted to use, but I do remember her telling me that he was upset.
MR. NADELHAFT: And is that reflected in the note of 8:45, "MD informed of patient's state of mind and continued agitated. He is on his way to assess patient"?
DR. KIPPER: Can you-
MR. NADELHAFT: Is this accurate?
DR. KIPPER: Can you show me that note?
MR. NADELHAFT: Yeah, it's right under. It's right here, 8:45.
DR. KIPPER: Oh, okay;
MR. NADELHAFT: The note's accurate, that "MD informed of patient's state of mind and continued agitated.
MR. NADELHAFT: He is on the way to assess patient"?
DR. KIPPER: Yes.
MR. NADELHAFT: And then at 12:30, says "Patient had fallen asleep and is now awake, talking with MD. It has been decided patient is under too much stress as it would be best for him to stay home and rest today."
MR. NADELHAFT: Do you see that?
DR. KIPPER: Yes.
MR. NADELHAFT: Do you recall having a conversation with Mr. Depp about his stress?
DR. KIPPER: Yes, I do.
MR. NADELHAFT: Do you recall anything that Mr. Depp told you?
MR. NADELHAFT: You can answer.
DR. KIPPER: I remember he was very upset. I don't remember the specifics of that conversation, but I remember he was upset.
MR. NADELHAFT: And how was Mr. Depp displaying his -- that he was very ups et?
DR. KIPPER: He expressed himself very well, that he and the director had some misunderstanding and that he was upset about it.
MR. NADELHAFT: Was Mr. Depp yelling?
DR. KIPPER: No.
MR. NADELHAFT: Was he doing anything to display his being upset, other than just words?
DR. KIPPER: Just his words.
MR. NADELHAFT: You don't doubt the accuracy of this note, though, do you?
DR. KIPPER: I can say that the note was written, and I believe it was good reporting.
MR. NADELHAFT: Okay.
DR. KIPPER: I trust that my nurses, that they would report what they were told.
DR. KIPPER: Not for the opiates.
MR. NADELHAFT: Not for the opiate, is that what you said?
DR. KIPPER: Correct.
MR. NADELHAFT: Positive for cocaine, for instance?
DR. KIPPER: Yes.
MR. NADELHAFT: Now, on November 17th, 2014, in 2014, Mr. Depp texted you and said "I have been to see Amber downtown. Yeah, yeah, interesting to say the least. Wow. Anyway, I'm still away and don't foresee slumber anytime soon to this broken instrument of a squash atop my shoulders. I would love to speak whenever you get a minute. Dear David, though, honestly, if I were you, Debbie and/or Erin, I would RUN for the fucking hills!!! I love you, Doc ... cannot thank you enough for all you've done. Not only for me and my poor pack of wolves and my sweet FUCKING great Mikey ...
MR. NADELHAFT: These are the things that remind us that life should be a fucking gas. I'm waist deep in big muddy here ... hit me when you're drunk ... it'll be far less boring. Love you long time, brother ... and of course, the beautiful and luminous Chanelle ... and by now Sam! Mucho, much ... from those of us who are not the others. X. JD.
MR. NADELHAFT: Do you recall this text from Mr. Depp?
DR. KIPPER: No, I don't. But clearly I see that I received that text.
MR. NADELHAFT: Okay.
MR. NADELHAFT: Alex, can you put up Kipper 13, please.
MR. NADELHAFT: Do you recognize, Dr. Kipper, this email chain between you and Connell Cowan?
DR. KIPPER: I don't remember it, but I'm refreshing myself with what you're showing me.
MR. NADELHAFT: OkaY: Who is Connell Cowan?
DR. KIPPER: He's a psychologist that I had referred Amber to see.
MR. NADELHAFT: Is there any -- Dr. Kipper, are there any ethical rules to report the violence, if you were to be told of violence?
DR. KIPPER: If I were to see the violence, I would be obligated to - I would be obligated to make some reporting. I never saw any violence.
MR. NADELHAFT: And you didn't report either Mr. Depp or Ms. Heard, correct? Because you didn't see -- your testimony is you didn't see any violence between -- from Mr. Depp to Ms. Heard or Ms. Heard to Mr. Depp, correct?
DR. KIPPER: We never saw violence between the two of them.
MR. NADELHAFT: Okay. You heard reports but you never saw it, is your testimony?
DR. KIPPER: Correct.
MR. NADELHAFT: Dr. Kipper, do you recognize Kipper 14, which it looks like an email between you and Alan Blaustein?
DR. KIPPER: Yes, I recognize this.
MR. NADELHAFT: Okay. And who is Alan Blaustein?
DR. KIPPER: Alan Blaustein is the psychiatrist that I referred Mr. Depp to.
MR. NADELHAFT: And when you wrote this email, as of March 1st, 2015, was it your understanding that Mr. Depp was in .Australia at the time?
DR. KIPPER: Yes.
MR. NADELHAFT: At some point, you flew to Australia; is that correct, in that March 2015 time frame?
DR. KIPPER: Yes.
MR. NADELHAFT: Were you always going to fly to .Australia to visit with Mr. Depp in March of 2015?
DR. KIPPER: No. I hadn't planned on it
MR. NADELHAFT: What made you fly to Australia?
DR. KIPPER: He had wanted to see me. He had just wanted to check in. He wanted - he wanted my company, at that point.
MR. NADELHAFT: "He" being Johnny Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: Do you know when you arrived to Australia?
DR. KIPPER: No, I don't. I can't recall.
MR. NADELHAFT: Ms. Lloyd had gone with Mr. Depp to Australia?
DR. KIPPER: Yes.
MR. NADELHAFT: She wasn't staying with Mr. Depp, correct?
DR. KIPPER: No. No, she was not.
MR. NADELHAFT: Do you know how far away Ms. Lloyd was from Mr. Depp, in terms of time to get from where she was staying to Mr. Depp's house?
DR. KIPPER: I would guesstimate somewhere between 20 minutes to 30 minutes.
MR. NADELHAFT: And when you went to Australia, how far away were you from Mr. Depp, in terms of time?
DR. KIPPER: Exactly the same.
MR. NADELHAFT: Were you and Ms. Lloyd in the same hotel?
DR. KIPPER: Yes. Actually, that isn't true. I was in a hotel around the comer from where the nurses were staying.
MR. NADELHAFT: And in Kipper 5, at Kipper 157, you see this note for 3/7/15 at 11 :30. It says "MD received a text message from client that he had been arguing with wife and that he had cut his finger. According to patient, his assistant and security were on their way to pick him up."
MR. NADELHAFT: Do you see that?
DR. KIPPER: Yes.
MR. NADELHAFT: And whose note is this?
DR. KIPPER: That would be from Ms. Lloyd.
MR. NADELHAFT: Okay. And is this note accurate?
DR. KIPPER: Yes. It's accurate.
MR. NADELHAFT: Okay. Now, going back to Kipper 9. Give me a moment.
MR. NADELHAFT: At Kipper 7, at Depp 7790, it shows a text from Mr. Depp to you on March 7th, 2015, 5:00 p.m., and it says "Hi. Fuck, man. Had another one. I cannot live like this. She's as full of shit as a Christmas goose. I'm done. NO MORE!!! The constant insults, the demeaning, belittling. Most heartbreaking spew that is only released from a malicious, evil, vindictive cunt!!!!! But you know what?? FAR more hurtful than her venomous and degrading endless 'educational' ranting ... ?? Is her hideously and purposefully hurtful tirades and goddamn shocking treatment of the man she was meant to love above all ... here's the real deal mate ...
MR. NADELHAFT: Her obsession with herself?? Is far more important... she is so fucking ambitious!!! She's so desperate for success and fame ... that's probably why I was acquired, mate ...! Although she has HAMMERED me with what a sad old man has-been I am. Cowan has done me the most cruel of favors ... I'm so very sad ... I cut the top of my middle finger off ... what should I do?? Except of course go to a hospital. I'm so embarrassed for jumping into anything with heL. FUCK the world!!! JD.
MR. NADELHAFT: Do you-recall this text from Mr. Depp?
DR. KIPPER: I don't recall the text, but I do recall him reaching out after this incident.
MR. NADELHAFT: Is this text a typical type of text you would receive?
DR. KIPPER: In retrospect and in reading this, no. I think it reflected the fact that he was injured.
MR. NADELHAFT: Right. And Mr. Depp told you, in the text, "I cut the top of my middle finger off," correct?
DR. KIPPER: That's what it says.
MR. NADELHAFT: Okay. And then you responded, "Call me."
MR. NADELHAFT: Do you see that? That's the next text.
DR. KIPPER: Yes.
MR. NADELHAFT: Okay.
DR. KIPPER: Yes.
MR. NADELHAFT: And did Mr. Depp call you?
DR. KIPPER: I can't recall if he called me, but I know that I went to the residence.
MR. NADELHAFT: Okay. And did you go with Ms. Lloyd?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. And back to Kipper 5,_ at 13:00, it says, on March 7th, 2015, "Patient was having a hard time leaving the house; so security suggested the MD and RN go to the house. Patient was sitting in car ready to leave. MD assessed patient's finger and will spend more time with patient at the location he's being moved to."
MR. NADELHAFT: So did you see Mr. Depp in th_e house?
DR. KIPPER: I saw Mr. Depp outside the house in the car.
MR. NADELHAFT: Okay. So this note is accurate, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: Was Mr. Depp intoxicated when you saw him?
DR. KIPPER: I don't-
MR. NADELHAFT: Was Mr. Depp coherent?
DR. KIPPER: Yes, quite.
MR. NADELHAFT: He was quite coherent?
DR. KIPPER: Yes.
MR. NADELHAFT: What do you recall him saying to you?
DR. KIPPER: I don't recall the conversation, specifically, but part of his finger was missing.
MR. NADELHAFT: Okay. But you said he was quite coherent, so it sounds like you had a memory of what he was saying.
MR. NADELHAFT: What do you recall him saying?
DR. KIPPER: I don't recall what he said. I remember that he was very clear in speaking to me.
MR. NADELHAFT: Okay. Other than his finger, what did he look like?
DR. KIPPER: He looked like someone who just had part of his finger taken: off.
MR. NADELHAFT: What did the rest of his hands and ann look like?
DR. KIPPER: Nothing unusual.
MR. NADELHAFT: What did the house look like?
DR. KIPPER: The house was a mess.
MR. NADELHAFT: Anything else that you can describe about the house?
DR. KIPPER: There were things on the floor. There were things that had been thrown around, it looked like. There were just things were out of order in that house.
MR. NADELHAFT: What rooms did you see? What rooms did you look at in the house?
DR. KIPPER: I was in the kitchen, and I believe I went downstairs. I don't really remember. I saw .:. it was more of the same, that things looked out of place.
MR. NADELHAFT: Did it look like there was painting on the wall? Someone had written things on the wall?
DR. KIPPER: No. I do - it did look, to me, like there was blood on the wall, not an actual painting.
MR. NADELHAFT: How long were you in the house for?
DR. KIPPER: Ten minutes, 15 minutes
MR. NADELHAFT: And what were you doing in the house?
DR. KIPPER: I wanted to see what happened I was trying to figure out what happened.
MR. NADELHAFT: Did you talk to Ms. Heard?
DR. KIPPER: I did.
MR. NADELHAFT: What did Ms. Heard say?
DR. KIPPER: Again, I can't recall specifics, other than they had a fight. And specifics beyond that,
DR. KIPPER: I don't remember.
MR. NADELHAFT: Before seeing Mr. Depp that day, when was the -- when had you seen Mr. Depp previously?
DR. KIPPER: I don't remember.
MR. NADELHAFT: Do you know if it was the day before?
DR. KIPPER: I can't remember.
MR. NADELHAFT: Do you remember if this was the first time you saw Mr. Depp since your arrival at -- in Australia?
DR. KIPPER: Again, I can't remember.
MR. NADELHAFT: Dr. Kipper, I'm showing you what's been marked as Kipper 1. And my question is, do you recognize this email?
DR. KIPPER: Yes, I do.
MR. NADELHAFT: Okay. And it's an -- and you told Ms. Lisa Beaije to please print for the chart.
MR. NADELHAFT: Do you see that at the top?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. So that's being printed for Mr. Depp's chart; is that correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And Raja Sawhney emailed you.
MR. NADELHAFT: Do you see that?
DR. KIPPER: Yes.
MR. NADELHAFT: And he writes, "Thank you for your time, David. Attached is a copy of my notes for you to use as necessary, re Robert Wells."
MR. NADELHAFT: And Robert Wells is Mr. Depp, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And this was from March 8th, 2015, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: Was it accurate that his hand -- that his heavily contaminated hand and fingers with dirt, grime and paint?
MR. NADELHAFT: I was going to move for the admission of Defendant's Exhibit 370.
THE COURT: 3-7-0?
MR. NADELHAFT: 3-7-0, yes.
MR. MONIZ: Just one moment, Your Honor.
MR. MONIZ: And, Your Honor, we would maintain our 2i objections on grounds of hearsay.
MR. NADELHAFT: Your Honor --
MR. MONIZ: And the other objections asserted in our objections to the exhibits. This is an email communication between two nonparties to this case. It's hearsay. It's not within any exception, certainly not within the medical exception, and it's not admissible.
MR. NADELHAFT: I think it is in the medical exception because it's from one doctor to another doctor, the treatment of Mr. Depp's hand.
THE COURT: I'll sustain the objection.
MR. NADELHAFT: Thank you, Your Honor.
DR. KIPPER: That's correct.
MR. NADELHAFT: Is there anything, other than the coherent here, that you find that's inaccurate?
DR. KIPPER: No. The rest of that seems accurate.
MR. NADELHAFT: Okay. And when you saw Ms. Heard at the house in this March 7th, 2015 time frame, did she seem like she was on -- was she coherent?
DR. KIPPER: She was coherent.
MR. NADELHAFT: Dr. Kipper, do you recall seeing Kipper 16 from the Gold Coast University hospital?
DR. KIPPER: Yes, I do. April 14, 2022
MR. NADELHAFT: And when do you recall seeing this note? At the time of March 8th, 2015 or around then?
DR. KIPPER: It was around then. This was the emergency room doctor that saw him, and then he gave him sort of temporary care. And then he was referred to - Mr. Depp was referred to the other doctor that we spoke of before this, who was the surgeon, who was the hand surgeon, I believe.
MR. NADELHAFT: Did you talk to this doctor who wrote this note?
DR. KIPPER: Yes. I was present wen Mr. Depp was being examined and treated.
MR. NADELHAFT: And at this point, you were, as of March 14th, 2015, you were telling Mr. Depp that you weren't going to be able to treat Mr. Depp anymore; is that correct?
DR. KIPPER: The purpose of this note was to make sure that he was strictly compliant with everything because he needed to have his finger reconstructed. And I wanted to be sure that he was following our guidelines for the drug g g g treatment.
MR. NADELHAFT: Mr. Depp was not following your protocol as of March 1st, 2015, correct?
DR. KIPPER: Yes. I had concerns.
MR. NADELHAFT: Mr. Depp was not following your protocols that you were giving him as of March 14th, 2015, correct?
DR. KIPPER: A Correct.
MR. NADELHAFT: Dr. Kipper, do you recognize Kipper 17?
DR. KIPPER: Yes.
MR. NADELHAFT: So you were withdrawing your care for Mr. Depp at least as of March 15th, 2015, correct?
DR. KIPPER: I was withdrawing my care if he did not comply.
MR. NADELHAFT: And as of March 15th, 2015, Doctor, Mr. Depp was not complying, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: Was Mr. Depp --
MR. NADELHAFT: Can you pause it again. I'm sorry. Thank you.
MR. NADELHAFT: Move for the admission of Defendant's exhibit 391.
MR. MONIZ: And, Your Honor, we would maintain our objections on the grounds of hearsay, relevance and 403. It's hearsay, not within any exception. It's a communication from a third party, not admission.
MR. NADELHAFT: It's not hearsay. It's a letter from Dr. Kipper that doesn't have any hearsay in it and it's -
THE COURT: Well, it's hearsay because it's a letter from him out of court.
MR. NADELHAFT: I mean, it's not offered for the truth of what happened, it's offered for, you know, what was occurring with Mr. -- what was occurring with Mr. Depp at the time of March 15th.
THE COURT: Well, that's the truth of the matter.
MR. MONIZ: That's being offered for the truth.
MR. NADELHAFT: It's offered for notice of when Mr. Depp -- when Dr. Kipper was not continuing care with Mr. Depp.
THE COURT: I'll sustain the objection.
MR. NADELHAFT: Thanks.
MR. NADELHAFT: Was Mr. Depp not sober and compliant as of March 14th?
DR. KIPPER: The answer is, yes, he was not compliant. And the problem at hand, no pun intended, was that he was about to have surgery. ' . And for him to have surgery on a finger, he needed to be strictly compliant with what his medications were, what his behavior was, and I did not think he was stable for surgery, and I could not clear him for surgery; and that was what provoked the letter.
MR. NADELHAFT: Right. An(! Mr. Depp had been breaking promises to remain sober, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: And then, did you ever stop your care of Mr. Depp?
DR. KIPPER: There was a week, I believe, and I'm fuzzy on the time frame, but there was a short period of time, after sending that note, before he connected back with me asking me to take care of him and promising me compliance.
MR. NADELHAFT: Was Mr. Depp compliant with the program going forward; after March 15th, 2015?
DR. KIPPER: He was compliant around his surgery and postoperative period.
MR. NADELHAFT: And then he became uncompliant again?
DR. KIPPER: I would have to refer. to my notes, but I don't remember him being -- I don't remember him being out of control. I remember him being, you know, compliant with what we needed him to do.
DR. KIPPER: There were times when Mr. Depp sort of went underground. Some of that time was when he was out of the country, he was hard to connect to. But I do not recall him going off the reservation as far as his drug and alcohol issues.
MR. NADELHAFT: Do you recall him testing positive for cocaine after March of 2015?
DR. KIPPER: I believe that -- I believe so. I can't tell you specifically when.
MR. NADELHAFT: Okay. Now, going back to Kipper 9. There's a text message from Mr. Depp to you on March 19th, 2015, and he says "My most sincere apologies to you, Doc. I understand your decision based on my immunity to do the right thing, and I truly thank you for your concern. I must apologize for not having had the presence of mind to respect the man who has been most kind and who has done more for me than anyone ever. There was no call for my spineless and base behavior toward you. I honestly understand the reasons for your concerns in your letter and can say to you now there's no longer an issue. Thank you for everything. I've chopped off my left finger as a reminder I should never cut off my finger again.
MR. NADELHAFT: I love you, brother. Johnny."
MR. NADELHAFT: Do you recall this text from Mr. Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: And is this the text you recall Mr. Depp was saying that he would be compliant going forward?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. You're basing it off of this text? Was there any other conversations with Mr. Depp?
DR. KIPPER: We did - I know we had a conversation, at some point, around that time:
MR. NADELHAFT: Uh-huh.
DR. KIPPER: That validated this message.
MR. NADELHAFT: And going back.to Kipper 5, which are in the notes, and we're going to go to Kipper 167. And at -- for 4/13, at 15:00, the note at the bottom says "Patient is in good spirits and says he's not smoked marijuana in three days. States he feels the majority of his issues with his wife have been from him using drugs and alcohol. Patient states he'll no longer sneak/use and wants clarity."
MR. NADELHAFT: Do you see that note?
DR. KIPPER: I see that note.
MR. NADELHAFT: Who is that note from, you or Ms. Lloyd?
DR. KIPPER: That's from Ms. Lloyd.
MR. NADELHAFT: Okay. Did Ms. Lloyd report this to you?
DR. KIPPER: In this note.
MR. NADELHAFT: Okay. And there's no reason to y question the accuracy of the note, correct?
DR. KIPPER: Correct
MR. NADELHAFT: Now, at Depp 168, 12:15, it says on April 15th, 12:15, "Arrived to patient's home. Assistant was in hallway. Informed RN that patient was in a bad mood and told assistant he did not need anything from him today. RN was let in home by security and knocked on patient's bedroom door to let him know she was there. Patient screamed, 'What?' RN informed patient she was just letting him know she was there and would be downstairs." RN -- little more down, "RN left property and informed MD of the events."
MR. NADELHAFT: Do you recall Ms. Lloyd telling you about these events of April 15th, 2015?
DR. KIPPER: Well, my memory is refreshed by looking at this note, yes.
MR. NADELHAFT: And Mr. Depp had yelled at Ms. Lloyd; is that right?
DR. KIPPER: I'm not sure he yelled at Ms. Lloyd. I think he just yelled.
MR. NADELHAFT: Okay.
DR. KIPPER: He wanted to be heard. I can't say. I wasn't there.
MR. NADELHAFT: There's a text from Mr. Depp to you on April 15th, 2015, and he says "My dear brother David. If there's a god, then I'm positive it's you. Thank you, darling man. I'm fine. I didn't know it was Debbie until I'd already thrown my voice toward the door. Thought it was Steven, who is no small cauldron of hot water!! I'll call Deb to apologize ... my boundless love and infinite thanks.".
MR. NADELHAFT: Do you recall that he texted you and called Ms. Lloyd to apologize?
DR. KIPPER: No, I don't recall that specifically. I'm reminded by this note, but I don't recall that specifically.
MR. NADELHAFT: Now, Mr. Depp sent you a text on June 28th, 2015, that says "Thank you my darling Kipper. All those technical abbreviations left me flummoxed and in the dark!!! Soon, soon I must see you and just hang out!!! By the way ... Amber and been absolutely perfect for three fucking months solid!!! I've locked my monster child away in a cage within and it has fucking worked!!!! We're goddam best friends now!!! Amazing!!! Big love to you by brother ... JD.
MR. NADELHAFT: Do you see that?
DR. KIPPER: Yes.
MR. NADELHAFT: And what do you recall you were -- what is refreshed of your memory?
DR. KIPPER: That, obviously, there was concern that he was taking more Xanax than he should have been, and I needed him to tighten that up an to go back to what he was prescribed. And, also, there's a reference here to the phone calls. I had asked him not to respond and not to engage in these phone calls because those were -- that always precipitated problems between the two of them when they were in a bad phase.
MR. NADELHAFT: Phone calls between Mr. Depp and Ms. Heard?
DR. KIPPER: Correct.
MR. NADELHAFT: And Mr. Depp responds on July 1st, 2015, and says I am and have been at peace for the last three to four months. It's been amazing. But she's somehow locked into this very unpleasant and belittling mode in the last three days. The accusations, the verbal abuse, and insults. Stooping to one, the most unjust. You haven't changed. You fucking desperate hypocrite. You didn't put the monster away. You're full of shit pathetic. You're a pathetic fraud. Man, you know how hard I have worked to put that motherfucker in its cage, and I did that, me. I took all those other problems and rid myself of them There's a whole lot more. I won't bore you with it.
MR. NADELHAFT: The Xanax takes the edge off just a little. You know me, it would take more than a few to really affect me. Seroquel scares me for the reasons I wore off of it. If you're worried about the Xanax, prescribe me something different but with more potency. I don't take them all that often, just when the brain is inundated with this horrible badgering and half truths from my wife by the WSY." I don't know if he meant by the way.
MR. NADELHAFT: Do you recall this text?
DR. KIPPER: Again, I do in looking at it, yes.
MR. NADELHAFT: And Mr. Depp, again, used the term "monster," correct?
DR. KIPPER: Yes.
MR. NADELHAFT: And Mr. Depp goes on in this text. He says by the way, he sends another -- sorry, here's my-- "By the way, Cowan should be run out of town in utter shame. He's a fucking sump who's done absolutely nothing but giving her the verbosity that she uses -- "that she uses ever, whatever she feels like she must explain to me the psychology of life!!! Ludicrous!!! Yes, sir. Cowan should be shot in places no one wants to be shots in!!! He's a goddam charlatan big time!!! I'm not going to continue to pay the fucking yes man to stare at her tits and agree with everything she spews ...
MR. NADELHAFT: Tell him to tell he's leaving the business or something or I too will become a regular client whether I'm welcome or not!! Thanks, and so sorry. I love you."
MR. NADELHAFT: Do you recall Mr. Depp informing you that he was upset with Dr. Cowan?
DR. KIPPER: Yes. I remember clearly that he was upset with Dr. Cowan at a certain point.
MR. NADELHAFT: Do you recall this text message from Mr. Depp, that I just read to you?
DR. KIPPER: Yes. In reading it, I do.
MR. NADELHAFT: Okay.
THE COURT: All right. Do you want to go ahead and pause it? Looks like a good time to break, and it's 5:00. Perfect. Thank you.
THE COURT: Any objection to breaking there for the weekend?
THE COURT: All right. Ladies and gentlemen, we'll pick up with testimony on Monday. Since I'm not going to see you for three days, I just want to reiterate the same jury instruction I gave in the beginning of the case when you were first empaneled. Not all of it, just some of it. I just want to make sure you understand, for the weekend, that you are not to read anything about the case, you're not to watch anything about this case, you're not to look into anything about the case. this applies to television, newspapers, magazines, the Internet, and any online sites.
THE COURT: Further, you're not to read, watch or listen to anything about the case on any social media networking sites, such as Twitter, Facebook, Instagram, Snapchat, or similar sites.
THE COURT: In addition, you must not communicate with anyone about the case, whether in person, over the phone, by email, text or instant messaging, or by any other electronic or nonelectronic means. This includes your friends, family, co-workers, acquaintance, and strangers.
THE COURT: I also instruct you that you cannot do any research or make any inquiries about this case, whether online or any other means. What you learn about this case is limited to what you learn in the four walls of this courtroom when proceedings are underway.
THE COURT: All right?
THE COURT: So have a good weekend, and we'll see you bright and early on Monday, okay?
THE COURT: Thank you.
THE COURT: All right. And for the litigants, I'll see you back on Monday.
THE COURT: Please, no posting on social networking sites and don't talk to the press.
THE COURT: For the attorneys, I'll see you tomorrow at 10:00 a.m for a long day. And I'm sure you've been doing your homework, right, so we should be able to get through a lot of deposition objections, right?
THE COURT: Thank you.
THE COURT: We'll see you tomorrow, then. Thank you.
COURT BAILIFF: All rise.
[STAGE DIRECTION]: I, JUDITH E. BELLINGER, RPR, CRR, the court reporter before whom the foregoing hearing was taken, do hereby certify that the foregoing excerpt transcript is a true and correct record of the proceedings; that said proceedings _were taken by me stenographically and thereafter reduced to typewriting under my direction; and that I am neither counsel for, related to, nor employed by IO any of the parties to this case and have no interest, financial or otherwise, in its outcome.
[STAGE DIRECTION]: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 15th day of April, 2022. My Commission Expires: September 30, 2024 NOTARY PUBLIC IN AND FOR THE COMMONWEALTH OF VIRGINIA