David Kipper — Direct/Cross/Redirect/Recross
789 linesCOURT BAILIFF: All rise.
COURT BAILIFF: Please be seated and come to order.
THE COURT: All right. Good morning.
MS. BREDEHOFT: Good morning, Your Honor.
THE COURT: Any preliminary matters before the jury comes in?
MS. BREDEHOFT: Yes, Your Honor. We have a couple of quick ones.
THE COURT: If you could, put your microphone on.
MS. BREDEHOFT: I think we're going to approach.
THE COURT: Oh, you're going to approach with it? Okay. That's fine. Are these the exhibits that are owed?
MS. LECAROZ: We've made some progress, ; Your Honor, but we do still have two text messages that we think appropriately come in for context around that...
THE COURT: Which exhibit are we looking at?
MS. LECAROZ: Plaintiff's 548.
THE COURT: Plaintiff's 548. Okay.
MS. LECAROZ: The one put in with Baruch.
THE COURT: Got it. And you wanted those for context?
MS. LECAROZ: Yeah. I think we're down to these two that Ms. Bredehoft thinks don't appropriately come in for context. I understand they're not immediately preceding in time.
MS. BREDEHOFT: They're different days.
MS. LECAROZ: Right. But I think, you know, text message communications often span a few days.
THE COURT: It was a very previous text message?
MS. LECAROZ: The one right before and right after, yes.
MS. BREDEHOFT: But they're days apart.
THE COURT: I understand the days That is the text conversation; that there are no texts in between
MS. LECAROZ: Yes.
THE COURT: Okay. All right. Then I'll allow that.
THE COURT: Is that coming into evidence then?
MS. LECAROZ: I think Ms. Bredehoft asked that we -- there's one that's a duplicate on the next communication, so I'm just going to take O that one out.
THE COURT: Okay.
MS. LECAROZ: And then I can get it to you by lunch.
THE COURT: Okay.
MS. BREDEHOFT: And then there's one other issue, Your Honor, and this stems from last Friday. The plaintiff said that they're going to just claim damages up to November 2nd, 2020.
THE COURT: Right.
MS. BREDEHOFT: Well, I asked them over the weekend to amend their expert designations; they have two experts --
THE COURT: Uh-huh.
MS. BREDEHOFT: Who are claiming damages way beyond November, and they said they don't have to. They're just going to have them testify. I can move to strike based on the claim, but I'd rather they just amended their designations so that we can prepare.
THE COURT: I think we should do that, actually.
MS. LECAROZ: I think we're in a position to do that, Your Honor.
THE COURT: Okay. Sounds like they're ! in a position to do that.
MS. BREDEHOFT: Could you do that by tomorrow?
MS. LECAROZ: I think that that should , 1 7 work, yeah.
THE COURT: I'm glad I was here for this. Thank you. All right. Anything else preliminary?
THE COURT: Okay We're good We're ready for the jury All right Let's bring the jury out
MR. NADELHAFT: Your Honor, sorry.
THE COURT: Oh, sorry!
MR. NADELHAFT: So Dr. Kipper is going to be --
THE COURT: Oh, yes. Dr. Kipper is the Is last hour.
MR. NADELHAFT: We have some agreements we've had agreements for both him and Lloyd, and I don't know if you wanted us to tell them to you I now because they're going to be played -- we're agreeing that the ones we have agreements on can l be shown while being--
THE COURT: Do you want to wait for the jury and you can enter those into evidence? Is that okay? You enter those into evidence when the jury comes out? That sound all right?
MR. NADELHAFT: That's fine for me.
THE COURT: That works? Okay.
THE COURT: All right. Good morning, ladies and gentlemen.
THE COURT: All right. Mr. Nadelhaft, did you have -- as you might remember, we're in the middle of Dr. Kipper's testimony for deposition, but I think there are some exhibits that need to be moved in.
MR. NADELHAFT: Thank you, Your Honor, the parties discussed over the weekend, and we have agreement as to Plaintiffs Exhibits 41, 42, 47, 48, and 49 of plaintiffs exhibits. I do believe that there are some slight redactions I think they have copies of that they can provide to you.
THE COURT: And then we also have Defendant's 1063, which is redacted and I can provide you a copy, and they also have the redactions.
THE COURT: Okay.
THE COURT: Same for Defendant's 283, Defendant's 405, Defendant's 455, Defendant's 304, Defendant's 307, and, in addition, 395 and 414 would come in without any redactions.
THE COURT: But I can provide you copies of the ones that we --
THE COURT: And have you already done redactions? Or are you still working on redactions?
MS. MEYERS: Your Honor, we have agreed on the redactions except for one document which we will address.
THE COURT: Okay. And now, 42, I already have in evidence. I was just waiting for redactions for that one. So we're still waiting for redactions for that one, correct? Or do you have that for me?
MR. NADELHAFT: 42, I believe defendant's.
THE COURT: Defendant's 42.
MR. NADELHAFT: Oh, I think we decided there were -- we agreed that there would be no redactions.
THE COURT: Plaintiffs 42?
MR. NADELHAFT: Sorry. Plaintiff's 42, /2 we agreed after discussion that there would be no redactions.
MS. MEYERS: That's correct.
THE COURT: All right. So all those are entered into evidence with the redactions that you've agreed upon?
MR. NADELHAFT: Yes, Your Honor.
THE COURT: There's no objection?
MS. MEYERS: Yes, there's no objection. I think -- did you address ours?
MR. NADELHAFT: I think I addressed yours. So they have the electronic copies which are going to be shown while the deposition is being played.
THE COURT: Right.
MR. NADELHAFT: And I can provide you copies now of the redacted ones.
THE COURT: Right. If they're redacted ones, I need copies. If they're not redacted, I have them
MR. NADELHAFT: Right.
THE COURT: So, yes. That will be fine, all right.
MR. NADELHAFT: Thank you, Your Honor.
THE COURT: Thank you.
THE COURT: All right. I think we're ready.
MS. MEYERS: Thank you. If I may, just before we begin, Your Honor.
THE COURT: Okay.
MS. MEYERS: Just as an explanation for the jury, what you have seen from Dr. Kipper up until this point has been Ms. Heard's counsel examining him. At some point it will switch over, and it will be Mr. Depp's counsel examining him.
THE COURT: Okay. Thank you.
MR. NADELHAFT: 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. And then Mr. Depp wrote to you again on July 5th, 2015, and said "You're a great man and a great friend. As much as I would love to see you ... It would waste your time ... I've just got quite a lot going on with business stuff, my Keith film, and some Amber issues ... By the way, I'll try not to be too subtle about this... Cowan should be stripped of his license to practice his supposed profession ... And then he should be stripped and spray painted whilst handcuffed to a stop sign!!! He's at best a fraudulent, irresponsible turd of monumental proportions!!! I love you. Johnny."
MR. NADELHAFT: Do you recall this text message from Mr. Depp?
DR. KIPPER: Again, I do upon reading this. I don't remember all the specific messages I got from him, but I certainly remember the gestalt of his feelings.
MR. NADELHAFT: Okay. And do you continue to work with Dr. Cowan? Do you continue to refer patients to Dr. Cowan? Let me ask it differently.
DR. KIPPER: Yes. I have great respect for Dr. Cowan.
MR. CHEW: And Mr. Depp sent you another text message on July 24th, 2015, that says, "Hey dear pa Amber is happy happy with Cowan... I just don't know what truth he gets and O I don't know what his manners and strengths are . I think she listens to him because when we argue she slathers me up in the most condescending psychiatric trophy lines like... Your fear is so visible ... What are you scared of...!!! Why are you letting your fear and ego control your life, etcetera ... Hippy shit... Makes me want to rampage against ANYONE wearing Birkenstocks ! Love you large. J."
DR. KIPPER: No. But I recall when I'm looking at it, yes.
MR. NADELHAFT: Okay. Now, I want to go to another text message.
MR. NADELHAFT: On August 3rd, 2015, Mr. Depp texts you, "You can flog me soon for waiting until now for having not to properly given my kind apparatus the appropriate and adequate general cock love ... I've tried and mostly failed ... Many, many unpleasant things happening with my business world going on that are attempting to give me the funny pain face that can render me no more and send me head first straight into the bowl of minestrone or worse, a green curry...
MR. NADELHAFT: So most necessary PRNs are all headaches meds, Xanax, Adderall, and whatever this magical ointment for that traitorous redness in the much valued and region of significance... Thanks and love. X. JD."
MR. NADELHAFT: Do you recall this text message?
DR. KIPPER: No. But I'm once again reminded by looking at it. , 120
MR. NADELHAFT: Do you recall not being paid for three months?
DR. KIPPER: I recall not being paid. I don't I remember how long, and it always turned back around. But specifically that issue, no, I can't give you specifics.
MR. NADELHAFT: So there was a period of time where s Mr. Depp was not paying you for your services, ! 16 correct?
MR. NADELHAFT: Correct. Okay. So as of February 10th, 2016, you were very concerned about Mr. Depp's health, correct?
DR. KIPPER: In the document I'm also serving as his internist, managing some medical issues, and that's the nature of these concerns.
MR. NADELHAFT: You weren't concerned at all about Mr. Depp's continuing with his treatment plan for drug and alcohol use?
DR. KIPPER: You can't separate those two issues. They're not two distinct issues. But in order for me to assess how he was doing in general with his general health, these metrics that I identify in the second paragraph were things I needed to have a follow-up on. And I wasn't - I wasn't getting that follow-up, and I needed to know that we were on the right course, medically.
MR. NADELHAFT: Do you recall being concerned about Mr. Depp in June 2018?
DR. KIPPER: Yes.
MR. NADELHAFT: What, if any, concerns did you have about Mr. Depp taking drugs or alcohol that were not part of the protocol?
DR. KIPPER: I was concerned that that could be potentially an issue.
MR. NADELHAFT: Dr. Kipper, Kipper 28 --
MS. MEYERS: Your Honor, at this point there's an exhibit of which the parties are still in dispute. I believe it's okay to continue playing at this point and we can resolve it --
THE COURT: All right.
MS. MEYERS: After the fact.
THE COURT: Is that true?
MR. NADELHAFT: Yeah. We can resolve it after the deposition -- or after the testimony.
THE COURT: That's fine, thank you. i'ss
MR. NADELHAFT: Thank you, Your Honor.
MR. NADELHAFT: Are invoices that you produced from February 2015 through -- from February 6th, 2015, to February 1st, 2021.
MR. NADELHAFT: Do you recall producing these documents?
DR. KIPPER: No. Those would have come from my accountant's office.
MR. NADELHAFT: Okay. Are you still working for Mr. Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: Okay. And so, at the bottom here, there's a lot that just say "case management fee." Do you know what that refers to as opposed to nursing services and doctor services?
DR. KIPPER: That's a retainer fee that I have with him on a monthly basis.
MR. NADELHAFT: Now, Dr. Kipper, we received invoices for you from Mr. Depp from Fireman's Insurance Fund for 2014. Does this look like an invoice from your office to Mr. Depp?
DR. KIPPER: It does.
MR. NADELHAFT: Dr. Kipper, you've already testified /2 that these are invoices to Mr. Depp, correct?
DR. KIPPER: I've testified that these are invoices. This is something generated from my accountant, is yes.
MR. NADELHAFT: Have you spoken to Mr. Depp's legal counsel since the beginning of this year?
DR. KIPPER: Yes.
MR. NADELHAFT: Who have you spoken to?
DR. KIPPER: I've spoken to Camille on two occasions.
MR. NADELHAFT: Anybody else?
DR. KIPPER: No.
MR. NADELHAFT: What did you speak to Camille about?
DR. KIPPER: About the deposition.
HARWELL: Dr. Kipper, I think you're incorrect. I think also Ms. Meyers was in one of those telephone conversations.
DR. KIPPER: That's right.
MR. NADELHAFT: And other than the scheduling of the deposition, did they talk about the issues that you were going to be asked about?
DR. KIPPER: Yes, of course.
MR. NADELHAFT: How long were the conversations?
DR. KIPPER: Minutes each.
MR. NADELHAFT: Were they over phone or by Zoom or in person?
DR. KIPPER: The first conversation "as in person, and the second "as by Zoom.
MR. NADELHAFT: And you thought they were about two I 9 45-minute calls?
DR. KIPPER: About that.
MR. NADELHAFT: Are you paying for your counsel in this case?
DR. KIPPER: Yes, I am.
MS. MEYERS: First of all, Dr. Kipper do you remember seeing this document earlier?
DR. KIPPER: Yes, I do.
MS. MEYERS: And you recognize it as your initial consultation notes with Mr. Depp?
DR. KIPPER: Yes.
MS. MEYERS: I'd like to direct your attention to the third page -- excuse me one moment. Do you see here where it says "Impressions"?
DR. KIPPER: Yes.
MS. MEYERS: Now, what -- could you describe what the items listed under this heading are?
DR. KIPPER: So the first one, primary dopamine imbalance, this, in general terms, I don't know - primary dopamine imbalance ADHD, which is attention deficit hyperactivity disorder, bipolar I, depression secondary to above, insomnia, chronic substance abuse disorder, chronic reflux.
MS. MEYERS: With respect to these items, are these an official diagnosis of Mr. Depp?
DR. KIPPER: These are my impressions, yes.
MS. MEYERS: When you say "impressions," is that considered a -- would you consider that a diagnosis?
DR. KIPPER: Yes, Ms. Meyers, that's my diagnostic impression.
DR. KIPPER: MS. Meyers I would like to pull up what's already been marked as Kipper Exhibit 4--
DR. KIPPER: 92-G please.
MS. MEYERS: And, Dr. Kipper, I believe we've already established, but you confirmed that you recognize these documents -- this document?
DR. KIPPER: Yes.
MS. MEYERS: And these are also notes of a consultation you had with Mr. Depp?
DR. KIPPER: Correct.
MS. MEYERS: And it appears from these notes that Ms. Debbie Lloyd was at the meeting, correct?
DR. KIPPER: Yes.
MS. MEYERS: And she's a registered nurse?
DR. KIPPER: Yes.
MS. MEYERS: And did Mr. Depp's treatment plan contemplate Ms. Lloyd remaining with Mr. Depp during his therapy?
DR. KIPPER: Yes.
MS. MEYERS: And was it contemplated that Ms. Lloyd would personally prescribe his medications to him.
MS. MEYERS: Did Ms. Lloyd provide personally dispensed medications to Mr. Depp.
DR. KIPPER: Yes, she did.
MS. MEYERS: And how -- and how regular was Ms. Lloyd's contact with Mr. Depp?
DR. KIPPER: She had contact with him daily, either physically or by phone.
MS. MEYERS: How often would you estimate that she was physically in contact with him?
DR. KIPPER: I would say 80 percent, 90 percent of the time, somewhere in there.
MS. MEYERS: And Mr. Depp agreed to this supervision / 11 by Ms. Lloyd?
DR. KIPPER: Yes.
DR. KIPPER: MS. :MEYERS: Alex, could we please pull up what's been marked as Kipper Exhibit 6.
MS. MEYERS: Dr. Kipper, could you please confirm I that these are your notes from a consultation you had with Mr. Depp in Boston in June of 2014?
DR. KIPPER: Yes. This is a summary from June 22nd to June 24th of that consult - of that time with him.
MS. MEYERS: And then if we scroll down -- I guess I have control here -- does it reflect here that you met with Ms. Heard at that time, correct?
DR. KIPPER: Yes.
MS. MEYERS: Did Ms. Heard tell you that she was concerned about Mr. Depp being violent with her at this consultation? If she had told you that, is that something you would have documented in these notes.
DR. KIPPER: Yes.
MS. MEYERS: Your note here states that "Amber has a strong family history of drug and alcohol abuse and is particularly sensitive to his behaviors and potential for abuse."
MS. MEYERS: The phrase "potential for abuse," is that referring to substance abuse?
DR. KIPPER: Yes.
MS. MEYERS: It's not referring to physical abuse?
DR. KIPPER: No.
MS. MEYERS: And what do you mean when you state that Ms. Heard is particularly sensitive to Mr. Depp's behaviors?
DR. KIPPER: Having grown up in that environment, she's used to seeing the trauma that it inflicts and is not only able to recognize it, but also it affects her - she has the ability to understand what that looks like.
MS. MEYERS: And was this your observation of her or something she told you?
DR. KIPPER: This is something she told me.
MS. MEYERS: Alex, could you please IO pull up what's been marked as Kipper exhibit 5, please.
MS. MEYERS: Dr. Kipper, you recognize these as, I believe you testified, a combination of your own patient notes and Ms. Lloyd's patient notes for Mr. Depp, correct?
DR. KIPPER: Yes.
MS. MEYERS: And I believe you testified you compiled them together; is that right?
DR. KIPPER: Yes.
MS. MEYERS: Did you -- for the notes that were taken by Ms. Lloyd, did you specifically request 2_2_t_h_at_s __ h_e_n_1a_n_1t_a_in_t_h_es_e_n_o_t_es_?
DR. KIPPER: Yes. That's part of her responsibility.
MS. MEYERS: And did you advise her on what types of information she should include in those notes?
DR. KIPPER: No.
MS. MEYERS: Is there anything in particular that you asked her to include in the notes?
DR. KIPPER: No. She was trained in this, and she knew what the - what the important metrics were in notation.
MS. MEYERS: And I believe you testified that you have reviewed these notes in their entirety before, correct?
DR. KIPPER: Yes.
MS. MEYERS: How many times would you say you've reviewed these notes?
DR. KIPPER: I reviewed them at the time they were written, and I reviewed them probably a couple weeks ago, so twice.
MS. MEYERS: I'm going to turn to the last page now. And do you see this note marked June 30th?
DR. KIPPER: Yes.
MS. MEYERS: And so do you understand that to be June 30th, 2015?
DR. KIPPER: Yes.
MS. MEYERS: Did Ms. Lloyd stop attending to Mr. Depp around this time?
DR. KIPPER: I'm going to refer to my timetable just because I'll have a better sense of where the treatment was.
MS. MEYERS: All right. I'd like to talk to you briefly about the detox process on Mr. Depp's island in August of 2014. I believe you said that you traveled down to attend to Mr. Depp during this time, correct?
DR. KIPPER: Yes.
MS. MEYERS: And when you arrived on the island, who was present?
DR. KIPPER: Mr. Depp, Ms. Heard, Ms. Lloyd, and assistants for Mr. Depp. But I can't recall which assistants.
MS. MEYERS: Do you recall how many?
DR. KIPPER: No. There were people that I think serviced that island when he was there. There were probably four of those people. And I'm not sure if he had one or two of his own assistants.
MS. MEYERS: Dr. Kipper, when you arrived on the island in August 2014, did you see where Mr. Depp was staying during that time?
DR. KIPPER: Yes. And what did these accommodations look like? He had a little home structure. It was a small structure, a bedroom and a kitchen and a sitting area.
MS. MEYERS: And was Ms. Heard staying there with him?
DR. KIPPER: Yes.
MS. MEYERS: And relative to where Mr. Depp was staying, where was Ms. Lloyd staying?
DR. KIPPER: She was staying at another part of the island in a structure called a yurt, which is like a tent.
MS. MEYERS: And how far away -- how long would it take Ms. Lloyd to get to where Mr. Depp was staying?
DR. KIPPER: Vehicle.
MS. MEYERS: Five minutes. Five minutes? Five minutes. Would that be walking? No. That would be oµ a motorized And relative to where Mr. Depp was staying, where did you stay when you were on the island?
DR. KIPPER: I stayed on the other side of that yurt.
MS. MEYERS: A.ls o a yurt?
DR. KIPPER: Yes.
MS. MEYERS: Had Mr. Depp's detoxification process already started when you arrived on the island?
DR. KIPPER: Yes. process?
MS. MEYERS: And had Ms. Lloyd been overseeing that
DR. KIPPER: Yes.
MS. MEYERS: Did she report any issues to you upon your arrival?
DR. KIPPER: She certainly updated - I was updated - he started on the 10th. I arrived on the 12th, so I was in full communication with her from the beginning of that.
MS. MEYERS: After you arrived on the island, did you personally oversee Mr. Depp's detoxification process?
DR. KIPPER: Yes.
MS. MEYERS: And how often would you check in on him?
DR. KIPPER: Several times a day.
MS. MEYERS: And was this physically going to see him?
DR. KIPPER: No. This would be seeing him physically once a day and then checking on his progress throughout the day.
MS. MEYERS: So during the detoxification process, you did see Mr. Depp at least once a day?
DR. KIPPER: Yes.
MS. MEYERS: And then was Ms. Lloyd checking on Mr. Depp daily?
DR. KIPPER: Yes. I well?
DR. KIPPER: Yes.
MS. MEYERS: And you went and saw Mr. Depp after seeing that message, correct?
DR. KIPPER: Yes.
MS. MEYERS: And did Ms. Lloyd go with you? IS
DR. KIPPER: Yes.
MS. MEYERS: And where did you see Mr. Depp after I receiving that message?
MS. MEYERS: And she was seeing him personally as
DR. KIPPER: I believe I saw him outside of his little home. It was either in the - across from his little home was like a little cantina where one would eat, and it was, I think, around the cantina.
MS. MEYERS: And what was his physical condition at that time?
DR. KIPPER: He was frustrated, he was uncomfortable.
MS. MEYERS: How was his demeanor?
DR. KIPPER: One of being frustrated and uncomfortable.
MS. MEYERS: And was Ms. Heard with him at that time?
DR. KIPPER: When I saw Mr. Depp at that point, no, she was not. I 5
MS. MEYERS: And at this time, this was in the middle of his detoxification process, correct?
DR. KIPPER: Yes.
MS. MEYERS: Did you see Ms. Heard that evening?
DR. KIPPER: I can't remember.
MS. MEYERS: Do you recall Ms. Heard seeking medical attention from you for any physical injuries while you were in the island in August 2014? Go ahead.
DR. KIPPER: No, I don't.
MS. MEYERS: And if Ms. Heard had sought treatment from you for an injury, is that something you would've documented?
DR. KIPPER: Yes, I would have.
MS. MEYERS: Is that something you would have remembered her telling you?
DR. KIPPER: Yes.
MS. MEYERS: Did you see Ms. Heard after this evening of August 8th -- 17th?
DR. KIPPER: On that particular evening, that, I can't remember. But I did see Ms. Heard pretty much daily during the time - my time on the island.
MS. MEYERS: So did you see her at some point perhaps -- did you see her the next day?
DR. KIPPER: Yes.
MS. MEYERS: And did you observe any injuries to O Ms. Heard at that time?
DR. KIPPER: No.
MS. MEYERS: She didn't have any bruises that you observed?
DR. KIPPER: No.
MS. MEYERS: After you met with Mr. Depp that evening of August 17th, did you go back to his accommodations at some point?
DR. KIPPER: No. No, I think we resolved the issues where we were outside of his little hut, his home.
MS. MEYERS: So you didn't go and attend to him again in his home at that time?
DR. KIPPER: No.
MS. MEYERS: Alex, could you please pull up what's been marked as Kipper Exhibit 8.
MS. MEYERS: Dr. Kipper, I think you -- do you remember this email from earlier in your deposition?
DR. KIPPER: Yes, I do.
MS. MEYERS: And I believe you testified that you recall sending this email to Ms. Dembrowski on August 18th, 2014, correct?
DR. KIPPER: Yes.
MS. MEYERS: At the time you wrote this email, how long had you known Mr. Depp?
DR. KIPPER: Approximately four months.
MS. MEYERS: And in those four months, how much time had you spent with Mr. Depp in person?
DR. KIPPER: I couldn't give you a cumulative number of hours, but I would say -- I would estimate that including up until August 18, I would guesstimate 20 hours.
MS. MEYERS: Is it fair to say that when you wrote this email, most of the time you had known Mr. Depp or spent with Mr. Depp was while he was I in detox?
DR. KIPPER: Yes.
MS. MEYERS: During the time that you were with Mr. Depp on the island for his detox process, did you ever witness him physically abuse Ms. Heard?
DR. KIPPER: No, never.
MS. MEYERS: Did you ever see any physical evidence that Mr. Depp had abused Ms. Heard?
DR. KIPPER: No. Same answer, never.
MS. MEYERS: And during your time on the island, did you witness Ms. Heard abuse Mr. Depp in any way?
DR. KIPPER: No.
MS. MEYERS: Do you recall when Ms. Heard first became your patient? No. I couldn't give you a definitive date. It would have been before October 2014, though; correct?
MS. MEYERS: A' Yes
MS. MEYERS: And it would have been after Mr. Depp's detox on the island in August of 2014; is that right?
DR. KIPPER: That's correct.
MS. MEYERS: When you started treating Ms. Heard did you assign a nurse to her? When you started treating Ms. Heard was Is there a nurse that you assigned to her?
DR. KIPPER: I can't recall where it was - whether, Ms. Meyers, it was when I started to treat her. At some point, I did assign a nurse to her. But I can't tell you which came first. I believe I was treating her before I had recommended a nurse to her.
MS. MEYERS: So your recollection is that you started treating her, and after that, a nurse was assigned?
DR. KIPPER: That's my memory, yes. p6
MS. MEYERS: Do you have a sense of how close m I time from you beginning your treatment the nurse I was assigned to Ms. Heard?
DR. KIPPER: It couldn't have been too long, but I honestly can't give you a specific reference of time.
MS. MEYERS: Do you remember that nurse's name?
DR. KIPPER: Erin Boerum.
MS. MEYERS: And was Ms. Boerum a registered nurse?
DR. KIPPER: Yes.
MS. MEYERS: And I believe you covered this earlier: Ms. Boerum is a contractor for you?
DR. KIPPER: Yes.
MS. MEYERS: But she reports to you with respect to your patients that she covers?
DR. KIPPER: Correct.
MS. MEYERS: During this time that Ms. Heard was your patient and she had a nurse -- Ms. Boerum was assigned to her, how regular was Ms. Boerum checking in with Ms. Heard?
DR. KIPPER: Very regularly. Very regularly, she saw her, yes.
MS. MEYERS: Was she seeing her on a daily basis?
DR. KIPPER: I don't believe it was a daily basis, but she, I know, had daily contact with her in some way.
MS. MEYERS: Would Ms. Boerum have seen Ms. Heard in person on at least a weekly basis?
DR. KIPPER: Yes.
MS. MEYERS: Were there times that Ms. Boerum traveled with Ms. Heard?
DR. KIPPER: Yes.
MS. MEYERS: As a registered nurse, does Ms. Boerum have an obligation to report any suspected abuse of her patient to you?
MS. MEYERS: Alex, can you please pull up document H.
MS. MEYERS: Alex, is this Kipper Exhibit 34?
MS. MEYERS: Yes.
MS. MEYERS: Dr. Kipper, do you recognize this document?
DR. KIPPER: Yes.
MS. MEYERS: And what is it?
DR. KIPPER: It's an initial intake of that care.
MS. MEYERS: I'm going to scroll down a bit and just show you that there are future entries on this document as well.
MS. MEYERS: Do you see these?
DR. KIPPER: I do. I'm assuming - I don't want to make an assumption, but I would believe these notes are from Erin Boerum. But if you'll give me I :t a second to look at this, I can be more specific.
MS. MEYERS: Certainly. Let me know if you would like me to scroll through the document. If so, I can do that for you.
DR. KIPPER: Yes, these are notes from Erin Boerum.
MS. MEYERS: Does this document reflect any of your notes on Ms. Heard?
DR. KIPPER: This reflects my treatment recommendations.
MS. MEYERS: But these are Ms. Boerum's notes --
DR. KIPPER: Yes.
MS. MEYERS: You believe?
DR. KIPPER: Yes.
MS. MEYERS: Did you ask Ms. Boerum to maintain these notes?
DR. KIPPER: Yes.
MS. MEYERS: And for what purpose? :!
DR. KIPPER: Because she was monitoring a patient, and I needed to be informed of how the patient was doing and for any adjustments of treatment.
MS. MEYERS: Did you tell Ms. Boerum what type of information should be documented in her notes?
DR. KIPPER: No.
MS. MEYERS: And would there be anything that you expressly asked her not to document?
DR. KIPPER: No.
MS. MEYERS: Do you understand that Ms. Boerum used her training and judgment in preparing these notes?
DR. KIPPER: Yes, I do.
MS. MEYERS: You weren't telling her what to include in these notes. She was drafting them on her own; is that correct?
DR. KIPPER: That's correct.
MS. MEYERS: Have you reviewed these notes before?
DR. KIPPER: I have reviewed these notes.
MS. MEYERS: Have you reviewed them in their entirety?
DR. KIPPER: Yes, but not recently. 1 s
MS. MEYERS: And how often would you review Ms. Boerum's notes on Ms. Heard?
DR. KIPPER: I review my nurses' notes as they come I in. So that would be on a real-time basis.
MS. MEYERS: And going back to the first page, do you see this entry is dated August 27th, 2014?
DR. KIPPER: Yes.
MS. MEYERS: Does this refresh your recollection as to when Ms. Boerum would have been assigned to Ms. Heard?
DR. KIPPER: Yes.
MS. MEYERS: And does this at all refresh your recollection as to when you started treating Ms. Heard?
DR. KIPPER: Yes. This would - this would be about the time.
MS. MEYERS: Prior to the time that you treated Ms. Heard, did she ever seek treatment from you for injuries that appeared to be the result of domestic abuse?
DR. KIPPER: No, she did not.
MS. MEYERS: Did she ever seek treatment from you for any injuries that she told you were caused by Mr. Depp?
DR. KIPPER: No, she did not.
MS. MEYERS: And did Ms. Heard ever tell you that Mr. Depp abused her? ---- ------ ---- ------
DR. KIPPER: No, she did not.
MS. MEYERS: And you never witnessed any physical abuse by Mr. Depp against Ms. Heard during the time that you treated both of them?
DR. KIPPER: No, never.
MS. MEYERS: If Ms. Boerum observed that Ms. Heard had any physical injuries, is this something that would have been documented in her patient notes for Ms. Heard?
DR. KIPPER: Yes, absolutely.
MS. MEYERS: In March 2015, you traveled down to Australia to attend to Mr. Depp; is that right?
DR. KIPPER: Yes.
MS. MEYERS: And at the time, Mr. Depp was already in Australia, correct?
DR. KIPPER: Correct.
MS. MEYERS: And was Ms. Lloyd with him?
DR. KIPPER: Yes.
MS. MEYERS: And was Ms. Heard with him?
DR. KIPPER: Yes.
MS. MEYERS: When you arrived in Australia, when did you first see Mr. Depp?
DR. KIPPER: I believe it was the day after I arrived.
MS. MEYERS: And where did you see him?
DR. KIPPER: I saw him at his home in Australia.
MS. MEYERS: And how long did you spend with him during that time?
DR. KIPPER: Probably an hour.
MS. MEYERS: When you first met with Mr. Depp in Australia, did you see the home that he was ! 10 staying in?
DR. KIPPER: Yes.
MS. MEYERS: And was it a standalone house?
DR. KIPPER: Yes.
MS. MEYERS: Was there a fence around the house?
DR. KIPPER: I'm sorry?
MS. MEYERS: Was there a fence around the house?
DR. KIPPER: That, I can't recall.
MS. MEYERS: Do you recall whether Mr. Depp's security team was at the property?
DR. KIPPER: Yes, they were.
MS. MEYERS: Where did you see them?
DR. KIPPER: I saw them in and around the house.
MS. MEYERS: Do you recall how many security personnel there were?
DR. KIPPER: Two to three.
MS. MEYERS: Now, after you arrived in Australia, at some point you were notified that Mr. Depp had been injured, correct?
DR. KIPPER: Yes. i 8
MS. MEYERS: And I believe this was covered earlier in your deposition: You were actually -- you I actually received a text message from Mr. Depp, correct?
DR. KIPPER: Yes.
MS. MEYERS: And after you received that message, ' ! 14 did you go directly to Mr. Depp?
DR. KIPPER: Yes.
MS. MEYERS: And Ms. Lloyd came with you?
DR. KIPPER: Yes.
MS. MEYERS: And I believe you said that Mr. Depp I was outside the property in a car at that time, I right?
DR. KIPPER: That's correct.
MS. MEYERS: Was Mr. Depp's security team there with him?
DR. KIPPER: Yes.
MS. MEYERS: And you examined Mr. Depp in the car with his security team present?
DR. KIPPER: Yes. I saw him seated in the car when I arrived.
MS. MEYERS: Did Mr. Depp tell you what had happened to his finger at that time?
DR. KIPPER: Yes.
MS. MEYERS: How long did you attend to Mr. Depp outside of the house?
DR. KIPPER: Not long. Probably a half hour because I needed to get him to the emergency room
MS. MEYERS: So immediately after meeting him at the house, you went with him to the emergency room?
DR. KIPPER: Yes. I cleaned his wound to the best that I could with the supplies that we had and then took him, so it was within a half hour that we left.
MS. MEYERS: Did you return to the house after bringing Mr. Depp to the hospital?
DR. KIPPER: No. I was taken back to my hotel.
MS. MEYERS: After you attended to Mr. Depp and before you went to the hospital with him, did you go inside the house?
DR. KIPPER: No.
MS. MEYERS: So you did not go inside the property the day that Mr. Depp contacted you about his injured finger?
DR. KIPPER: No, I did go into the house. As I had stated, that after I saw him, initially, I went into the home to see the home. I had -
MS. MEYERS: That was before you went to the hospital with him?
DR. KIPPER: Yes. I went in to instruct one of the people with him to look for the tip of the finger, hoping that we would be able to put it back.
MS. MEYERS: Was the tip of the finger found?
DR. KIPPER: It was found.
MS. MEYERS: Who found it?
DR. KIPPER: I believe this man was their chef.
MS. MEYERS: And do you know where he found it or where he told you he found it?
DR. KIPPER: He said he found it in the kitchen area.
MS. MEYERS: When you went into the house, did you see Ms. Heard?
DR. KIPPER: Yes.
MS. MEYERS: And how did she appear?
DR. KIPPER: She was certainly upset.
MS. MEYERS: Did Ms. Heard seek any medical I 8 attention from you for any injuries at that time?
DR. KIPPER: No.
MS. MEYERS: Did Ms. Heard seek any medical ! 11 attention from Ms. Lloyd at that time?
DR. KIPPER: No.
MS. MEYERS: Did you observe any physical injuries to Ms. Heard when you saw her that -- on March 7th, 2015?
DR. KIPPER: No.
MS. MEYERS: So Ms. Heard did not have any observable bruises that you saw?
DR. KIPPER: That's correct.
MS. MEYERS: And did Ms. Heard appear to have a broken nose? Was Ms. Heard's face swollen at all when you saw her?
DR. KIPPER: Not that I was aware of, no.
MS. MEYERS: Did Ms. Heard have any cuts on her arms when you saw her?
DR. KIPPER: Not that I can recall.
MS. MEYERS: Do you recall seeing any cuts on her feet or any other part of her body?
DR. KIPPER: I can't recall.
MS. MEYERS: If Ms. Heard had appeared to have been injured, is this something that you would have documented?
DR. KIPPER: Yes.
MS. MEYERS: Did you observe any broken glass in the house?
DR. KIPPER: Yes.
MS. MEYERS: Could you tell what the glass was from?
DR. KIPPER: No.
MS. MEYERS: Was there blood around the broken glass?
DR. KIPPER: There was blood around the home, as I have previously mentioned, but I didn't specifically see blood on glass.
MS. MEYERS: Where did you see the broken glass?
DR. KIPPER: In the kitchen area.
MS. MEYERS: And that's where the finger -- the top part of the finger was found as well?
DR. KIPPER: Yes.
MS. MEYERS: Alex, could you please bring up what I believe was marked as Kipper Exhibit 17.
MS. MEYERS: Dr. Kipper, you recognize this document from earlier in the deposition?
DR. KIPPER: Yes.
MS. MEYERS: It's a letter dated March 15th, 2015, from you to Mr. Depp, correct?
DR. KIPPER: Correct.
MS. MEYERS: And you did send this letter to Mr. Depp, correct?
DR. KIPPER: Correct. J 7
MS. MEYERS: Alex, could you please pull up what I marked as document K and I believe will be Kipper exhibit 35.
MS. MEYERS: Dr. Kipper, do you recognize this document?
DR. KIPPER: Yes.
MS. MEYERS: What is it?
DR. KIPPER: If you could, just for my verification, can you scroll do"n to the bottom, please.
MS. MEYERS: Sure. It goes on for two pages.
DR. KIPPER: Yes, I'm familiar with this document, yes.
MS. MEYERS: Did you prepare this document?
DR. KIPPER: No.
MS. MEYERS: It was a document that was prepared by JO someone who works for you?
DR. KIPPER: This was prepared by Monroe Tinker, who was a nurse practitioner who worked for me at that time.
MS. MEYERS: Is this a record that's ordinarily prepared and maintained in the course of your business?
DR. KIPPER: Yes. J 8
MS. MEYERS: And have you reviewed this document before?
DR. KIPPER: Yes.
MS. MEYERS: When would you have reviewed it?
DR. KIPPER: I reviewed it immediately after the I visit, probably the next day, and I also reviewed this a couple weeks ago.
MS. MEYERS: And I would just like to direct your attention to the last page.
MS. MEYERS: Is this your signature here?
DR. KIPPER: Yes.
MS. MEYERS: And when would you have signed this?
DR. KIPPER: That was confirming that I reviewed Mr. Tinker's notes.
MS. MEYERS: Going back to the top, this is a I patient record for Ms. Heard, correct?
DR. KIPPER: Yes.
MS. MEYERS: And where it says "date, December 17, 2015," is that the date of this -- that's the date of this document?
DR. KIPPER: Yes.
MS. MEYERS: And the document states, "phone call I consultation headache," correct?
DR. KIPPER: Yes.
MS. MEYERS: So does that mean that on December 17th, 2015, Ms. Heard called the offices to report a headache?
DR. KIPPER: Yes. i2
MS. MEYERS: And right below this, there is a .: paragraph that starts out with "HPI." 1.
MS. MEYERS: What does that stand for?
DR. KIPPER: History of present illness. I 6
MS. MEYERS: And is the information in this i7 paragraph what Ms. Heard reported during her phone consultation?
DR. KIPPER: That's what was written. I was not It O there, but that's what's written.
MS. MEYERS: States, "Today the patient reports a headache after she bumped her head while standing up two days ago," correct?
DR. KIPPER: Yes.
MS. MEYERS: And a couple sentences below that, it says, "Last seen in office on 12/23/2015." Is that an error or did she come back in a year? lt9
DR. KIPPER: No, I think that's got to be an error.
MS. MEYERS: So based on this document, it's your understanding that Ms. Heard called the office on December 17th?
DR. KIPPER: Yes.
MS. MEYERS: Scrolling down to the bottom here, it says, "Objective data, physical exam." Do you see that?
DR. KIPPER: Yes.
MS. MEYERS: Does that mean that Ms. Heard came into the office for physical examination?
DR. KIPPER: That's what it signifies, yes.
MS. MEYERS: And would that have also been on December 17th, 2015?
DR. KIPPER: Yes. This note reflects that visit. Everything in this note reflects that visit.
MS. MEYERS: And so Monroe would have also performed that physical examination?
DR. KIPPER: Monroe did perform that physical
MS. MEYERS: The information below this heading of "physical exam" which goes onto the next page, are these the findings from Ms. Heard's physical exam on December 17th?
DR. KIPPER: Correct.
MS. MEYERS: And if Ms. Heard had any physical injuries, would those have been noted in this portion of the document?
DR. KIPPER: Yes.
MS. MEYERS: And there are some medical terms in here, so if you could let me know does any of this indicate that there were physical injuries that were documented?
DR. KIPPER: No.
MS. MEYERS: Does this document indicate that a concussion check was performed?
DR. KIPPER: Yes.
MS. MEYERS: And what were the results of that?
DR. KIPPER: Under the assessment and plan as written, Mr. Tinker did not indicate concussion under his assessment.
MS. MEYERS: Under "Assessment and Plan," item 4 says that "Dr. Kipper is aware of the medical plan and is in agreement."
MS. MEYERS: That's consistent with your recollection?
DR. KIPPER: Yes.
MS. MEYERS: And I believe you testified you didn't see Ms. Heard on December 17th, correct?
DR. KIPPER: That's correct.
MS. MEYERS: How were you informed of the medical Is plan?
DR. KIPPER: I spoke to Mr. Tinker by telephone.
MS. MEYERS: And would that conversation have happened on the 17th as well?
DR. KIPPER: Yes.
MS. MEYERS: Alex, could you please I pull up document L. And I believe this is what I will be marked as Kipper exhibit 36.
MS. MEYERS: Dr. Kipper, do you recognize this document?
DR. KIPPER: Yes, I recognize it upon looking at it, yes.
MS. MEYERS: What do you recognize this document as? Its
DR. KIPPER: As an email from Ms. Heard to me I requesting medical records for that month of December.
MS. MEYERS: December 2015?
DR. KIPPER: Yes.
MS. MEYERS: And do you recall receiving this email?
DR. KIPPER: I don't recall receiving it, but I'm sure I did and I'm sure I reviewed it, yes.
MS. MEYERS: And you see that the email is dated August 8th, 2016, correct?
DR. KIPPER: Yes.
MS. MEYERS: And you have no reason to doubt that you received the email on or around that date?
DR. KIPPER: Correct.
MS. MEYERS: On August 8th, 2016, was Ms. Heard still your patient?
DR. KIPPER: I believe so, but I can't be sure.
MS. MEYERS: Now, I'm going to read from this email here. Ms. Heard writes to you, "As per our conversation earlier, is it possible to get my medical records from the month of December, please? . I know. I saw once during one of my office Visits, if it makes it easier for you to find. I'm not sure. Anyway, it was great talking to you earlier." Ms. Heard references speaking to you earlier in this email, correct?
DR. KIPPER: Yes.
MS. MEYERS: Do you recall having spoken to Ms. Heard before receiving this email?
DR. KIPPER: I can't remember.
MS. MEYERS: You don't remember anything about a conversation that you might have had with Ms. Heard prior to receiving this email?
DR. KIPPER: No, I can't recall that.
MS. MEYERS: And I believe you already stated this, but you understand Ms. Heard to be requesting medical records from December 2015, correct?
DR. KIPPER: Correct.
MS. MEYERS: And Ms. Heard mentions Monroe in this email as well, correct?
DR. KIPPER: Correct.
MS. MEYERS: And Monroe is the nurse practitioner that Ms. Heard saw on December 17th, 2015, right?
DR. KIPPER: Yes.
MS. MEYERS: Did you provide Ms. Heard with her medical records for December 2015?
DR. KIPPER: I believe so.
MS. MEYERS: And do you recall what those records consisted of?
DR. KIPPER: The one we just reviewed.
MS. MEYERS: Was that the only one for December 2015?
DR. KIPPER: Again, I would have to research her chart for that information, but I know at least it was that note.
MS. MEYERS: Did Ms. Heard ever ask you for any other medical records?
DR. KIPPER: No.
MS. MEYERS: In the over six years that you've known Mr. Depp, have you ever witnessed him be physically abusive to any person?
DR. KIPPER: Never.
MS. MEYERS: And you've never witnessed him being physically abusive to Ms. Heard, correct?
DR. KIPPER: Correct.
MS. MEYERS: You've also known Ms. Heard for over six years at this point, correct?
DR. KIPPER: Yes. Although I have not seen Ms. Heard for at least a couple years, perhaps three years.
MS. MEYERS: In the six years that you treated -- or in the over six years that you've treated Mr. Depp, has Mr. Depp ever complained to you that Ms. Heard has physically abused him?
DR. KIPPER: No, not that I can recall.
MS. MEYERS: Have you ever witnessed Ms. Heard be physically abusive to Mr. Depp?
DR. KIPPER: No.
MS. MEYERS: Has anyone who works for you or reports to you ever reported to yon that they witnessed Ms. Depp -- or, excuse me -- Ms. Heard being physically abusive to Mr. Depp?
DR. KIPPER: No, not that I can recall.
MR. NADELHAFT: You testified earlier in questions from Ms. Meyers that the tip of Mr. Depp's finger was found in the kitchen, found on the floor of the kitchen in the home in Australia, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: Now, where -- do you know where the I kitchen was? Was it on -- what floor the kitchen was?
DR. KIPPER: There was a downstairs below the kitchen area. I think the - I'm not really sure. Is I think those were bedrooms, but I'm not positive. I So this would be on the main floor. The kitchen I I was on the main floor as you went into the home.
MR. NADELHAFT: And that's where the tip of the finger was found, in the kitchen on the main floor?
DR. KIPPER: Yes.
MR. NADELHAFT: Now, there was a text message where you I got a text message from Mr. Depp?
DR. KIPPER: Yes.
MR. NADELHAFT: And he said he cut his finger, correct?
DR. KIPPER: I think that's what it said, yes.
MR. NADELHAFT: Okay. And the reference from the emergency room said that Mr. Depp had sliced his finger with a knife, correct?
DR. KIPPER: Yes. That's what he told - because I was present for that, that's what he told the emergency room doctor.
MR. NADELHAFT: Okay. So Mr. Depp told the emergency room doctor that he had cut his finger with a knife, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: And you didn't put that in any of your notes that a bottle was thrown at Mr. Depp, correct?
DR. KIPPER: Correct.
MR. NADELHAFT: Did Mr. Depp have any cuts anywhere else on his face or anywhere else that would have come from glass?
MR. NADELHAFT: Now, if Ms. Heard told Ms. Boerum that Mr. Depp had hit her in the face several times and sent her pictures of bruises, would you expect Ms. Boerum to report that in her notes?
DR. KIPPER: I would have expected Ms. Boerum to send me those pictures.
MR. NADELHAFT: Okay. So you would have expected to see those pictures from Ms. Boerum; is that correct?
DR. KIPPER: Yes.
MR. NADELHAFT: And you would have expected -- and you would have wanted Ms. Boerum to -- if she had seen- a text that said, "I was hit in the face by Ms. Heard," and then received pictures of bruises, that Ms. Boerum would report that to you, correct?
DR. KIPPER: Yes.
MR. NADELHAFT: Is that an instruction that you gave to your nurses, to report to you any abuse that they saw or were reported to them?
DR. KIPPER: Yes, if they saw that as valid Ms. Heard, for example, if somebody hurt Ms. Heard while she was under the care of -- direct care of Ms. Boerum, and Ms. Boerum documented that Ms. Heard had been injured, she certainly would have reported that to me.
MR. NADELHAFT: That's what your expectation would be, that she would report it?
DR. KIPPER: Yes.
[SECTION HEADER]: EXAMINATION BY COUNSEL FOR THE PLAINTIFF AND COUNTERCLAIM DEFENDANT
MS. MEYERS: Dr. Kipper, did you keep any notes of your treatment of Mr. Depp while he was in Australia?
DR. KIPPER: Other than the summary notes, no.
MS. MEYERS: And was Ms. Lloyd with you when Mr. Depp told you what had happened to his finger before you brought him to the hospital?
DR. KIPPER: I believe yes. I'm not positive, but I believe yes. Because she was helping me at the I car to try to clean out that finger, which is when I he explained what happened.
MS. MEYERS: So you believe that Ms. Lloyd would have heard Mr. Depp's explanation?
DR. KIPPER: I believe so.
THE COURT: All right. That completes the deposition. And the next witness is also by deposition; is that correct?
THE COURT: All right. Well, why don't we go ahead and go ahead and take our morning break? It's a little early, but since the next witness is also by deposition, why don't we take our 15-minute break now so you can stretch for a little bit. And we'll come back in about 15. All right. Let's hope this clock is right today, so we'll come back at 11:25, okay?
MS. BREDEHOFT: Thank you, Your Honor.
THE COURT: Thank you.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. I just want to make sure with those exhibits from the last, that we're going to get them somehow into evidence or the redacted copies. Do we have them now? Or do we need them.
MS. MEYERS: I have a hard copy for
THE COURT: Not for the newest deposition, for the one we just had with Dr. Kipper.
MS. MEYERS: Yes. I have the exhibits.
THE COURT: Okay.
MR. NADELHAFT: There's one thing, Your Honor. There's one that there's disagreement on that we can address either now or later.
THE COURT: Okay. Which one do you have a disagreement on? Might as well do it now before we go to the next deposition.
MS. MEYERS: Sure. So the exhibit is -- it's invoice from Dr. Kipper.
THE COURT: What number is it?
MS. MEYERS: I'm son-y.
MS. MEYERS: It is --
MR. NADELHAFT: 1067 -- Defendant's Exhibit 1067.
MS. MEYERS: That's correct. And we have no objection to the document coming in.
THE COURT: Okay.
MS. MEYERS: It's just we have a disagreement about the redactions.
THE COURT: All right, you want to come forward, and then we'll take a look at the -- and you said 1067, correct?
MR. NADELHAFT: Correct, Your Honor.
MR. NADELHAFT: So we made the redactions on the exhibit.
THE COURT: Right.
MR. NADELHAFT: So there's the totals at the bottom of each which we don't have an issue with. They want these redacted, which are the -- that adds up to the total. We don't think they should be redacted because it's a business record. There's no reason --
THE COURT: All right. What's the reason to redact them?
MS. MEYERS: Your Honor, this is a financial record of a third party, and in Dr. Kipper's deposition, his attorney objected strenuously to the level of redaction on these.
MR. NADELHAFT: And isn't it like the nursing supervision that's actually-- I mean, I think the jury should understand how it came out in the final total, and there's really no reason.
THE COURT: What's the relevance of how it came out to the final total? I just want to know where you're coming from
MR. NADELHAFT: So, you know, he testified the nurse -- he saw the nurses every day. I think it's relevant for the jury to see that it was $75,000 a month for, and I think it's all relevant to how it added up so they can see what the totals are.
THE COURT: All right. I'll allow it. That's fine.
MS. MEYERS: I'm sorry, Your Honor.
THE COURT: I'll allow it.
MS. MEYERS: Other than the nursing 'I services, could we redact that?
MR. NADELHAFT: There's really nothing b personal here.
MS. MEYERS: Look, I just don't feel I comfortable because it's a third party, and I know that there was an objection by Dr. Kipper's counsel.
THE COURT: What are you really concerned about?
MS. MEYERS: I know that, personally, I am just expressing what Dr. Kipper's counsel expressed to us during the deposition, which was that this is financial information that's protected under California law, and he objected to the itemized services that reflected the cost per service.
MR. NADELHAFT: The jury should -- I don't think it's giving away any secrets.
THE COURT: I guess, because you say how many hours they can figure out the hourly rate. I see the document as one, his hourly rate. I can see that as being an issue. I mean, is that relevant, his hourly rate? I mean, it could -- did you want to just have what was over here possibly?
MR. NADELHAFT: I mean how many hours and then just not giving the rate?
MS. MEYERS: I mean, I'll stand on our position, but I do accept that we should have some redactions.
THE COURT: If we take out the hours, O then it's -- yes.
MS. MEYERS: But leave the number of services, yeah.
MR. NADELHAFT: The column on each page.
THE COURT: Okay. Is that fine?
MR. NADELHAFT: Yeah.
THE COURT: All right. Let's do that. All the other ones you have for me?
MR. NADELHAFT: We'll get them back to you.
THE COURT: All right. Thank you.
MS. BREDEHOFT: Your Honor, may I approach?
THE COURT: Okay. Sure. I keep going back and forth.
MS. BREDEHOFT: I just wanted to say on the record that that second to the right bottom juror, when he walked in the first thing this morning --
THE COURT: Again?
MS. BREDEHOFT: He said, "Good morning" to Mr. Depp.
MS. BREDEHOFT: I personally observed it.
THE COURT: All right. Okay. We're going to probably have to address him at some point. Let me just -- it's that same juror again.
THE COURT: I'm going to watch him through the day. Yeah, but he can't do that. And he's been told, instructed, not to do that.
THE COURT: So ...
MS. BREDEHOFT: I mean, it's something that what we may want to do is just address it when we get to the arguments at the end.
THE COURT: Do you want me to at the Is end of today, I could just bring him out personally and talk with him? Or are you saying you want to recuse him based on what you've seen?
MS. BREDEHOFT: Based on what I've seen, I'd like to recuse him. I think he's shown particular personal interest in Mr. Depp and made a point of, you know, one day he was very friendly with him.
THE COURT: Right.
MS. BREDEHOFT: The others, I mean, and , it's still happening.
MR. CHEW: He said, "Good morning" 7 before he even got to the front table. I don't think there's something that --
THE COURT: But he said, "Good morning, Mr. Depp"?
MS. BREDEHOFT: He didn't say, "Good morning, Mr. Depp." He said, "Good morning," and looked right at Mr. Depp. He was right there, right --
THE COURT: All right. Let me just keep an eye out on him all day today, and then we IS can address that. This is a long trial, so I've got time. But I've got to focus more on him. Okay. I will do that.
THE COURT: All right. I have exhibits.
MS. MEYERS: These are the redacted versions of the exhibits that we offered for Dr. Kipper.
THE COURT: Okay. And there's no objection to these?
MR. NADELHAFT: No objection.
THE COURT: Okay.
MR. NADELHAFT: The redacted ones.
THE COURT: The redacted. And which is the one that's not redacted that's in evidence? Top of my head.
MS. MEYERS: I believe it's --
MR. NADELHAFT: I believe those have already been admitted. Oh, it was --
THE COURT: You said there was one that --
MS. MEYERS: I have a chart.
THE COURT: No redactions, 42?
MR. NADELHAFT: Oh, yeah.
THE COURT: 42. So no redactions for 1042, correct?
MS. MEYERS: That's correct.
THE COURT: Okay. So that's in evidence without redactions and these are all the ones with redactions?
MR. NADELHAFT: Yes. Your Honor, I want to bring up one issue with one of the depositions.
THE COURT: From Dr. Kipper's?
MR. NADELHAFT: From Dr. Kipper's. So Dr. Kipper testified that he'd never recalled Ms. Heard seeking medical treatment for any injuries on the island. He said, "No, I haven't," -- and then he also testified, "I never witnessed Amber" -- "Did she ever seek treatment from you for injuries? Did Ms. Heard ever tell you that Mr. Depp abused her?" And he said, "No, she didn't." And you had struck as hearsay him testifying that Amber did tell him about being pushed on the island --
THE COURT: Okay.
MR. NADELHAFT: So I think that's a prior inconsistent statement. Based on what Your Honor said, it would just be --
THE COURT: You're saying the part that was played was something I had struck?
MR. NADELHAFT: No. We played the part what he said, "She never reported to me that he was abused," but you struck where she tells him --
THE COURT: Right. I can't go backwards on my deposition designations.
MR. NADELHAFT: Okay. So then I guess I again I'm asking that the portion on 268 comes in.
MS. MEYERS: Your Honor, we've already ruled this. This is a hearsay document.
MR. NADELHAFT: I know, and again, it's a prior inconsistent statement. "Amber called us around midnight. After he came home from the I house, she claims he pushed her," I mean Dr. Kipper said -- never got a report.
MS. MEYERS: Your Honor, they had an Is opportunity to cross-examine the doctor at the deposition.
MR. NADELHAFT: Which we did.
THE COURT: And they did, and it was taken out. You're saying the part that was taken out --
MS. MEYERS: Respectfully, I don't think you impeached him with this, though.
THE COURT: Let me see what it says. All right.
MR. NADELHAFT: And the next sentence at the top and the answer.
THE COURT: Okay. All right. I assume you stand on your previous objection.
MS. MEYERS: Absolutely.
THE COURT: I understand. But I think b based on listening to -- which is hard when I don't hear the depositions all the way through -- it does sound like this part can be read to the Is jury when they come back in.
MR. NADELHAFT: Okay. I just want to • make sure that I don't -- I want to make sure that I don't do anything wrong.
THE COURT: I appreciate that. Just I for impeachment purpose?
MR. NADELHAFT: Right.
THE COURT: Because he said he had never --
MR. NADELHAFT: Right. Where do you ' ! 15 want me to start? 16?
MS. MEYERS: I actually believe that it ! 17 was Ms. Lloyd that was told that and not Dr. Kipper.
THE COURT: You know --
MR. NADELHAFT: "Ms. Lloyd told you that, correct? "She did tell us that, yes."
THE COURT: "Tell us that." Oh, okay. So didn't tell him that. He testified he said he never heard that.
MR. NADELHAFT: But he had been told that.
THE COURT: I'm not going to -- I'm going to sustain the objection to leave it out, okay.
MR. NADELHAFT: Okay. Because you're saying "us" is -- I don't understand. He's saying he never was informed, and "us" includes him
THE COURT: Well, can we get -- pull out -- we'll have to do this over lunch, but can you pull out when Dr. Kipper -- what exactly I allowed in, or you have it?
MR. NADELHAFT: Yeah. The first -- and then I think here.
THE COURT: Well, this is the island, August 2014?
MR. NADELHAFT: Which is what that -- this is about.
THE COURT: I don't know.
MR. NADELHAFT: Well...
THE COURT: I just want to make sure.
MR. NADELHAFT: And then this, "Did Ms. Heard ever tell you that Mr. Depp abused her?
MR. NADELHAFT: "No, she did not."
MS. MEYERS: Your Honor, if they wanted to sort of flesh this out on the deposition, they could have. I believe it's unclear, and I believe that actually the documentary evidence is what technically --
MR. NADELHAFT: Again, we did --
THE COURT: I understand. But we went through all the depositions. We had the time to argue it at that point. I'm going to stay with my initial objections, okay?
MR. NADELHAFT: Okay. Thank you, Your Honor.
MS. MEYERS: Thank you.
THE COURT: All right.
THE COURT: All right. Are we ready for the jury?
THE COURT: Ms. Bredehoft, are you ready for the jury? Are you ready for the jury?
MS. BREDEHOFT: Yes, Your Honor.
THE COURT: I just wanted to make sure. That's fine, thank you.
[STAGE DIRECTION]: (Whereupon, the jury entered the I 8 courtroom and the following proceedings took place.)
THE COURT: All right. Thank you. Just for the record, I assume, Juror Number 10, that that's your address to your employer because you need a letter from your employer; is that correct?
THE COURT: Okay. So the Court is going to do a letter for his employer so he can be released from work for six weeks, so that's what I that information is just his employer's address, okay. All right. Thank you. All right. Are you ready for your next witness?
JUROR NUMBER 10: Yes.
THE COURT: By deposition, okay.