Johnny Depp — Cross
2,896 linesCOURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: Do we have any preliminary matters before we begin?
MR. ROTTENBORN: Just one exhibit to hand up to you.
THE COURT: Oh, perfect. Which exhibit?
MR. ROTTENBORN: 1458, Your Honor.
MR. ROTTENBORN: It's with signatures redacted.
THE COURT: With redactions. That's ah-early been entered into evidence. We'll just take a copy of that.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: Anything else?
MS. MEYERS: We have the thumb drive with the original.
THE COURT: With the pictures on it? 92 and 93? Great.
THE COURT: All right. Anything further? All right. We're ready for the jury.
THE COURT: All right. Good morning, ladies and gentlemen. You can have a seat. All right. Cross-examination.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: Good morning, Mr. Depp.
MR. ROTTENBORN: Two days ago, when you first took the I stand, you discussed your upbringing and some of I the abuse that you suffered at the hands of your j rs mother. Do you remember that?
MR. ROTTENBORN: And you testified how she abused you physically, right?
MR. ROTTENBORN: Throwing things at you, hitting you?
MR. ROTTENBORN: And she abused you verbally by insulting you and your siblings, right?
MR. ROTTENBORN: And you testified that sometimes that is that verbal abuse, that emotional abuse was worse than the beatings, right? Do you remember that?
MR. ROTTENBORN: So you agree that abuse can take many forms, it can be physical, it can be verbal, it can be emotional, right?
MR. ROTTENBORN: And you testified that your dad wasn't abusive but that you saw him punch walls when he was in an argument with your mother sometimes, right?
MR. DEPP: Excuse me. I witnessed my father, the only reaction that would be called a physical reaction from the abuse he was very stoically taking from my mother, I saw him, maybe twice, three times, punch a wall once. As I said, once he punched the comer of the wall and I watched his hand, basically, shatter.
MR. ROTTENBORN: Right. Mr. Depp, walls weren't the only thing that your father punched were they? In fact, once, he punched you in the face and knocked you down, didn't he?
MR. DEPP: He -yes, when I was 15 years old, this was just before I'd dropped out of high school, one morning, yes. In my mind, I was done with school, so he had asked me to, I believe it was something - it was very - he asked me to take the dog for a walk or something, or take out the garbage, something meaningless, something strange, and I just said, "no." And he gave me a - he just gave me a quick shot, pretty hefty.
MR. ROTTENBORN: So the jury hadn't heard about that before. When he punched you in the face, it actually knocked you to the ground, and when you got up, you were happy to take care of what he wanted you to take care of, right?
MR. ROTTENBORN: And yesterday, I believe you testified why would you hit someone to make them agree with you, it doesn't work.
MR. ROTTENBORN: You gave that testimony yesterday, didn't you?
MR. ROTTENBORN: Now, you try to conduct yourself as a gentleman, right?
MR. ROTTENBORN: And you think that you live up to the standards of a Southern gentleman, right?
MR. DEPP: That was essentially, you know, when you have deep, deep roots in the South, in Kentucky and such, it's not just your parents, your father, your mother, it's your grandparents, it's your uncles, it's your aunts, it's this and I that. It's a - yes, raised to be a Southern gentleman, that is to say when chivalry was still alive and allowed.
MR. ROTTENBORN: Right. And you think you live up to the standards of a Southern gentleman, correct?
MR. ROTTENBORN: Paul Bettany's a good friend that you've done drugs with, right?
MR. ROTTENBORN: You've done drugs with him?
MR. ROTTENBORN: Cocaine, right?
MR. ROTTENBORN: Alcohol?
MR. ROTTENBORN: Pills, including Xanax and Adderall, right?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, may we approach. I just want to discuss one thing with you and Ms. Meyers.
THE COURT: Okay.
MR. ROTTENBORN: I'm going to be impeaching Mr. Depp. I'm going to impeach Mr. Depp with some of the testimony from U.K., but I want to respect Your Honor, what you ruled on that. So, I'm just wondering what you would like me to refer to this as. I think it's fair game to refer to it as the testimony in the U.K. or the UK trial, but I don't want to run afoul of --
THE COURT: I think you've already talked about that testimony in the U.K. trial. I think that --
MS. MEYERS: Oh, the testimony is publicly available.
MR. ROTTENBORN: Yes, I just don't want to -- if I say take a look at your U.K. testimony. I don't want you to be --
THE COURT: No, I think anything -- you can say, I direct your attention to your testimony in the U.K. case is fine. You would agree?
THE COURT: Yeah, just nothing with the judgment ruling, that's all.
MR. ROTTENBORN: Thank you. Appreciate it.
MR. ROTTENBORN: May I approach the witness?
THE COURT: Yes.
MR. ROTTENBORN: Mr. Depp, you remember giving testimony in the trial in the U.K., correct?
MR. ROTTENBORN: And you gave that testimony under oath, right?
MR. ROTTENBORN: You were -- you gave quite a bit of testimony in that trial, right?
MR. ROTTENBORN: Okay. Well, let's take a look at some of it. If you could turn to page 45, please, in front of you. It's page 12 of the document.
MR. ROTTENBORN: There's four transcript pages.
MR. ROTTENBORN: Yes, sir.
MR. ROTTENBORN: Yes. In the lower left corner, there's a page 45. IO Do you see that?
MR. ROTTENBORN: Okay. And do you see that, on the bottom of that page, there's a discussion of Paul Bettany and the things, drugs that you did together, and there was a question. The question is, "Any sort of pills?" And your answer is, "Yes, there could have been Xanax or if he needed, if he asked for Xanax or Adderall, whatever, I would, of course, give it to him."
MR. ROTTENBORN: QUESTION: So you would supply Paul Bettany with whatever medication or controlled drug he asked for; is that right? If he was feeling anxious or if he was feeling unpleasant, I would give him what he asked for. QUESTION: Would you give him a Xanax? ANSWER: Yes.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And you shared -- the two of you shared an enjoyment of controlled drugs or alcohol at that time, right?
MR. ROTTENBORN: With respect to that, that wasn't my question. My question was, the two of you shared an enjoyment of controlled drugs and alcohol at that time, yes or no?
MR. ROTTENBORN: And Ms. Heard was quite adamant that you didn't drink anymore and that you should stop using recreational drugs, right?
MR. ROTTENBORN: And she didn't like it when you were high on drugs or drunk on alcohol right?
MR. DEPP: She didn't like it when it was her perception that I was high on drugs. Her perception is quite different than the truth. ) 6
MR. ROTTENBORN: And what we're after is the truth.
MR. ROTTENBORN: Can you pull up Exhibit 178, please, Michelle? I po
THE COURT: Is that Defendant's 178?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: That's all right. I just wanted to make sure.
MR. ROTTENBORN: Mr. Depp --
MS. MEYERS: Objection, Your Honor. Can we approach, please?
THE COURT: Okay. Sure.
MS. MEYERS: Your Honor, we're objecting on basis of 403 and 404. This is -- isn't relevant and highly prejudicial given the language.
THE COURT: Everything is prejudicial. I understand that.
MS. MEYERS: It's also improper character evidence, as well, because this is just -- I mean, he didn't actually do what (indiscernible) in the text message. It's just using the foul language.
THE COURT: Yes, sir.
MR. ROTTENBORN: I'll respond, if you'd O like.
THE COURT: Yes.
MR. ROTTENBORN: He's talking about doing violence to his then girlfriend, which is what he's (indiscernible) whole trial to do, make sure there's no more direct evidence, (indiscernible). It's highly probative.
THE COURT: The only concern I have is, since it is already redacted, this is something I'd assume you want?
MS. MEYERS: So they redacted the middle portion, where --
MR. ROTTENBORN: I'll be happy to put in the middle portion. I was just trying to keep things going today. I just decided to -- they'll probably object to hearsay to other people's texts, but we can remove that redaction.
THE COURT: Do you want it in context?
MS. MEYERS: We most certainly would, if it's coming in.
MR. ROTTENBORN: So what we'll do, there's a text from Paul Bettany between the two, O and then there's actually one after Johnny's bottom text.
MS. MEYERS: Right.
MR. ROTTENBORN: We'll unredact those right now.
THE COURT: That will be good. I think that's fair.
THE COURT: I still have your observation, which I'm going to overrule. It goes both ways. But if you want to, if you can do that --
MR. ROTTENBORN: We'll do it right now. Then I think for a lot of these, we'll just make note and agree on paper copies and hand them up to I the Court tomorrow, if that works.
THE COURT: I'll allow into evidence with the agreed redactions, once you've agreed on it. Okay?
MR. ROTTENBORN: Thank you.
THE COURT: Thank you.
THE COURT: Is
MR. ROTTENBORN: Mr. Depp, this is a text message exchange that you had with Paul Bettany on June 11th, 2013, correct?
MR. ROTTENBORN: Your Honor, permission to -- move for admission of redacted Defendant's Exhibit 178 and permission to publish, please.
MS. MEYERS: Based off of Your Honor's ruling, that's fine.
THE COURT: Okay. 178, with redactions.
MR. ROTTENBORN: Michelle, could you, please, blow up the first text at the top.
MR. ROTTENBORN: In this text, Mr. Depp, you text Mr. Bettany, "Let's bum Amber!!!" Right? Do you see that?
MR. ROTTENBORN: And at this time, June 11th, 2013, is Amber's your girlfriend, or perhaps even your fiancee at this point, correct?
MR. ROTTENBORN: And you didn't stop when you said, "Let's bum Amber." Because the next text down --
MR. ROTTENBORN: You can move down and blow up the next text, please, Michelle.
MR. ROTTENBORN: You say, "Let's drown her before we burn her!!!"
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: You didn't stop when you said, "Let's drown her before we burn her." After that you made another comment.
MR. ROTTENBORN: I'd like to apologize to the Court and to the jury for some of the language that I'm going to have to use today, but unfortunately, you're going to see a lot of documents with language like this.
MR. ROTTENBORN: After you said, "Let's drown her before we burn her," Mr. Depp, you said, "I will fuck her burnt corpse afterwards to make sure she is dead."
MR. ROTTENBORN: That's what you said that you would do after you burned her and after you drowned her.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And you wrote that about the woman who would later become your wife?
MR. ROTTENBORN: Can you pull up Exhibit 245, please.
MR. ROTTENBORN: Your Honor, there's been no objection to this exhibit, so I move for its admission and ask for permission to publish it to the jury.
THE COURT: Give them a moment.
MS. MEYERS: Your Honor, we have no objection to the portions that have Mr. Depp's text messages, but at the bottom portion, there is some from his daughter that we would ask be redacted.
THE COURT: Okay. The last two.
MR. ROTTENBORN: And, Your Honor, that's okay. But there's no -- there was no objection to this --
THE COURT: I understand.
MR. ROTTENBORN: On the exhibit list.
THE COURT: But they don't appear to be IO relevant.
MR. ROTTENBORN: That's fine. We're happy to redact those.
THE COURT: Okay. So 245 in evidence, with the redactions.
MS. MEYERS: Yes, Your Honor.
MR. ROTTENBORN: Yes, Your Honor. Thank you.
THE COURT: Uh-huh.
MR. ROTTENBORN: Mr. Depp, the top text message, we're going to focus on a couple of these, but the top text message is a text from you to Paul Bettany on May 30th, 2014, correct?
MR. ROTTENBORN: You might need to scroll over, Michelle.
MR. ROTTENBORN: And you recall that you testified yesterday about the flight that you took from Boston to Los Angeles on May 24th, 2014, right?
MR. ROTTENBORN: Do you remember that?
MR. ROTTENBORN: And you testified yesterday that you didn't have any drinks before that flight, or maybe you had a glass of champagne or something. Do you remember giving that testimony?
MR. ROTTENBORN: Right. So, in this text --
MR. ROTTENBORN: If you could blow up, Michelle, please, that top text.
MR. ROTTENBORN: On May 30th, 2014, you texted Mr. Bettany --
MR. ROTTENBORN: Just a little bit small er.
MR. ROTTENBORN: You texted Mr. Bettany, "I'm gonna properly stop the booze thing, darling ... Drank all night before I picked Amber up to fly to LA, this past Sunday ... Ugly, mate ... No food for days ... Powders ... Half a bottle of whiskey, a thousand red bull and vodkas, pills, 2 bottles of Champers on plane and what do you get ... ??? An angry, aggro Injun in a fuckin' blackout, screaming obscenities and insulting any fuck who got near ... I "I'm done. I am admittedly too fucked ! in the head to spray my rage at the one I love ... " Read that again.
MR. ROTTENBORN: "I am admittedly too fucked in the head to spray my rage at the one I love ... For little reason, as well. I'm too old to be that guy. But pills are fine!!!" Did I read that right?
MR. ROTTENBORN: And when you said "pills are fine," this was when you were just starting treatment with Dr. Kipper to try to get off of the pills that you testified about yesterday, right?
MR. DEPP: This is when I was still on the Roxicodone. This was before the detox on the island, yes.
MR. ROTTENBORN: Right. And you testified that when you were in Boston filming Black Mass, which you flew from, from Boston to LA, that you had just retained Dr. Kipper to help you try to combat that pill problem, right?
MR. ROTTENBORN: Can you go two texts down, please, Michelle.
MR. ROTTENBORN: And this is a text that you sent on June 8th, 2014.
MR. ROTTENBORN: Just scroll over.
MR. ROTTENBORN: To Patty Smith.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Okay. And in this text, I won't read all of it, but you say this: My darling -- I'm just going to read the first paragraph. "My darling Patty Lee, I miss you and worship you, and there's nothing wrong between us. Never, ever" could that happen. I've just been so beyond busy with film here in Boston and then back to LA for kiddies. When I was in NYC, they were brief visits and fucked and charged by horrific fights with Amber. I fucked up and drank and got shitty. Was so disappointed in myself Actually, almost walked to your place at about 3:30 a.m the last time I was there, unable to stop he tears.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Michelle, can you please take that down, and let's pull up Exhibit 325, please.
MR. ROTTENBORN: Mr. Depp, is this a text message exchange that you had with Ms. Heard on December 18th, 2014?
MR. ROTTENBORN: Your Honor, I would move for admission of this exhibit and ask for permission to publish.
THE COURT: Any objection?
MR. ROTTENBORN: Yes.
MS. MEYERS: Your Honor, may we approach, real quick?
THE COURT: Sure.
MS. MEYERS: My only concern is it's already redacted. I can't see if there's any necessary context.
MR. ROTTENBORN: We can unredact it all.
THE COURT: I know. But maybe next time, we could exchange them ahead of time so we know which exhibits are, at least.
MR. ROTTENBORN: We understand.
THE COURT: Let's unredact them Give them a chance to review the whole page.
MR. ROTTENBORN: We have no objection I if you want it all unredacted. That's fine.
MS. MEYERS: I'll take a look.
THE COURT: Let her take a look, and move down so they can see the whole thing.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: And, Michelle, if you could just scroll down so the Court and Mr. Depp's counsel and Mr. Depp can see it all. Is that all of it?
MS. MEYERS: Sorry, Your Honor, we have Is no objection to the unredacted version.
THE COURT: Okay. This version that I'm seeing right now, correct, just to make sure?
MS. MEYERS: Yes.
THE COURT: Okay. 325 is in evidence.
MS. MEYERS: Excuse me. Sorry, I want to make clear. We haven't seen the other pages, but this page, we have no objection to.
THE COURT: Is this the only page?
MR. ROTTENBORN: I believe this is the only page to the document, Your Honor, right?
THE COURT: 325 is only one page?
MR. ROTTENBORN: Just one page.
THE COURT: All right. No redactions, other than identifiers. But, yes, you can do this Go ahead.
MR. ROTTENBORN: And, Michelle, if you can blow up the large text at the top of the page.
MR. ROTTENBORN: Mr. Depp, on December 18th, 2014, you sent this text to Ms. Heard, and I'm going to read it. And it says "It's away ... I've let it go... Went too far. We/I tend to do that... I always regret it when I jump, or worse ... When you jump!!! I don't want to be conditioned to continue that behavior... Therefore, I'll put in heavy work with Shrank ... I'm sorry, for being less... For your disappointment in me ... For my behavior. I'm a fucking savage ... Gotta lose that. Gonna lose that!!! The Devil is All Around, right...??
MR. ROTTENBORN: I wish I were able to bring even just a glimmer of a smile to the pretty face of my most gorgeous of dreams and darkest nightmares ... I love you far too much for you and I to be these heinous slinging insults like we do/did ... It is not anything that I am particularly proud of to have participated in ... And, I regret giving it life... Because ... Motherfucker. How do we fight, little girl...????? How do we end up on the very edge of precipice . ?? And, why?? Wish I knew. Goddamn ... And ... Know that YOU ARE RIGHT ...!! I am WELL AWARE that I SHOULD have been bigger than the moment... And that it WILL NEVER again manifest in negative experiences ... It can be done!!! What a killer concept to visualize ... Wish you were in this Lunatic's proximity ... Be careful out there ... I adore you!!!
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: You can take that down, Michelle.
MR. ROTTENBORN: If you could, please, pull up Exhibit 153.
MR. ROTTENBORN: And, Your Honor, we have a redacted version of this, but we'll put up the fully unredacted right now.
THE COURT: All right. Just give counsel a moment to review it.
MR. ROTTENBORN: Of course. 'l
MS. MEYERS: Your Honor, this has phone I numbers in it.
MR. ROTTENBORN: I know.
MS. MEYERS: Understood.
THE COURT: Just so you can see it first.
MS. MEYERS: Okay.
THE COURT: Could I have the photo -- you don't take pictures of what's on their screen, I po sir. ) 11 PHOTOGRAPHER: I'm not.
THE COURT: Okay. Just making sure.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: Uh-huh.
MR. ROTTENBORN: Mr. Depp, I would like to tum your attention to the top three text messages on this
MR. ROTTENBORN: 17 page. These are text messages that you sent on January 17th, 2013.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Right. And the way these text messages are produced, sometimes there's big date skips and I I they're kind of jumbled in. So, they're not all on the same chain.
MR. ROTTENBORN: So what I'm asking you about is just the top three.
MR. ROTTENBORN: And those are texts that you wrote on January 17th, 2013, correct?
MR. ROTTENBORN: Your Honor, permission to publish just those top three texts with identifiers and the others redacted, and move for admission of that redacted exhibit.
MS. MEYERS: As long as it's not this I version, that's fine.
MR. ROTTENBORN: We'll put up on the ! screen what I propose to admit.
THE COURT: Well, let me see what you're going to put up on the screen first.
MR. ROTTENBORN: Okay.
MS. MEYERS: We have no objection to this version, Your Honor.
THE COURT: All right. Admitted as redacted.
MR. ROTTENBORN: Michelle, can you blow up the text boxes, please.
MR. ROTTENBORN: On January 17th, 2013, Mr. Depp, you texted the following: "For the idiot cow!!!"
MR. ROTTENBORN: Next text. "Will do. I'll smack the ugly cunt around before I let her in, don't worry."
MR. ROTTENBORN: And apologies, again, to the Court and the jury for this language. Then you close by saying, "Did that worthless hooker arrive?"
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: You can take that down, please.
MR. ROTTENBORN: We talked a little bit about the tenn monster yesterday, correct?
MR. ROTTENBORN: And you testified yesterday that you used that ten to placate Amber, right? And I believe that you testified it was the word that she clung to, to describe what was in her mind, not yours. I wrote down what you said.
MR. ROTTENBORN: Do you remember giving that testimony?
MR. DEPP: The monster, more than anything, was Ms. Heard's way of referencing whether I was - whether she perceived that I was on substances or taking substances. So the word "monster" became - it represented, for her, the consumption of alcohol or any other substances, whether it was actually happening or not, her perception. And so, monster became her click word, if you will.
MR. ROTTENBORN: But, actually, the tenn monster to describe yourself came from you.
MR. DEPP: Well, initially, Ms. Heard, I believe she started out with demons. She started out saying that I had demons. And then when monster was put into a conversation, which, again, my - I have a particular way of using words, vocabulary, in my- in my vernacular. So, "monster" was something that - which she stuck with, tried and true. I mean, she just stayed with that.
MR. ROTTENBORN: But it came from you --
MR. ROTTENBORN: The term came from you, didn't it?
MR. ROTTENBORN: Right. And in 2012, in fact, Elton Is John was one of your friends who was trying to help you get sober, correct? ,10
MR. ROTTENBORN: And you sent him a message, in 2012, where you thanked him for his help and you said, "I would have been swallowed up by the monster were it not for you. That is a simple fact." Isn't that true?
MR. ROTTENBORN: Correct. And you didn't send that message to Ms. Heard, you sent that to Elton John: "I would have been swallowed up by the monster were it not for you," correct?
MR. DEPP: Elton was a dear friend who has been sober for 40 years, 30 years. So, he was - we'd had discussions and he wanted me to get clean, sober. So he actually- Elton actually sent a fellow called Charlie Donnest (phonetic), who worked with Elton for years and years.
MR. ROTTENBORN: Mr. Depp, I appreciate that. My only question was just to confirm that you sent that message to Elton John, nothing else.
MR. ROTTENBORN: Thank you. I appreciate it.
MR. ROTTENBORN: I want to be respectful of the Court's time and the jury's time, and I trust that you do too.
MR. ROTTENBORN: I just said I want to be respectful of the Court's time and jury's time, and I trust that ! 18 you do too.
MR. ROTTENBORN: Can you pull up Exhibit 408, please.
MR. ROTTENBORN: Mr. Depp, I'd like to turn your attention to the bottom text on this page, and can you confirm that this is a text message that you sent on April 9th, 2015, while you were married to Amber, to your sister?
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: The last text, the one on the bottom.
MR. ROTTENBORN: Your Honor, I move for admission of 408 with all the identifiers redacted
MS. MEYERS: We object, Your Honor. If and everything except the last text redacted.
THE COURT: Just the last?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: One text. we could approach, very quickly.
MS. MEYERS: Your Honor, the messages before reflect that this is actually to Whitney, not his sister, and so we'd ask that those be included.
MR. ROTTENBORN: Okay.
THE COURT: So you just redact everything except that very last text.
MS. MEYERS: Well, I think the one or two before it reflect that this is communication between him and Whitney, not Christi. 1929 "
THE COURT: Okay. So, this is Whitney?
MS. MEYERS: Yes.
MR. ROTTENBORN: You just want--
MS. MEYERS: I would like to at least have that language that shows that.
THE COURT: You want to have the two top texts above it?
MS. MEYERS: I believe it's one or two, yes. fine.
MR. ROTTENBORN: Whatever they want is
THE COURT: Okay. I just want to make sure. If you want to go back, you want the top two texts above that one that they want in, or just the one?
MS. MEYERS: I think it's just the one I that I'm concerned.
THE COURT: So if you could redact Is I everything except those last two texts, see if that is right before we --
MS. MEYERS: Yes.
THE COURT: So we can do those redactions before we publish.
MR. ROTTENBORN: Thank you.
THE COURT: Okay. I r!lO
THE COURT: BY MR. ROTTENBORN:
MR. ROTTENBORN: And, Mr. Depp, to clarify, is "sis," in those texts, is that your sister or it could be Amber's sister, too, right?
MR. ROTTENBORN: Whitney. So, Amber's sister?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, with those redactions, I'd ask for permission -- move to admit Exhibit 408.
THE COURT: No objection? "T
MS. MEYERS: Yes.
THE COURT: Okay. 408, with b redactions, is entered.
MR. ROTTENBORN: Mr. Depp, on April 9th, 2015 -- ls
MR. ROTTENBORN: While . d M H d ; -- w e you were married to Ms. Heard, you texted someone named "sis," which may be her sister, you testified.
MR. ROTTENBORN: You said "I'm all right. I... though I 1 never, ever want to lay eyes on that filthy whore ! Amber A, most embarrassing." Did I read that right?
MR. ROTTENBORN: And when you called Amber that "filthy I whore," she was your wife at the time, correct?
MR. ROTTENBORN: Let's pull up I exhibit 427, unredacted, please.
MR. ROTTENBORN: Mr. Depp, I would like to -- I would like to direct your attention --
MR. ROTTENBORN: Is there another -- let's see.
MR. ROTTENBORN: I'd like to direct your attention to the fourth text up from the bottom.
MR. ROTTENBORN: Chat number 1616.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: And that's a text message exchange between you and Jerry Judge on April 26th, 2015, just a couple of weeks after you referred to Amber as a "filthy whore."
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Your Honor, permission -- I move for admission of this exhibit with the two text exchanges in that chat between him and Jerry Judge.
THE COURT: Well, why don't you show me what it would look like redacted.
MR. ROTTENBORN: Okay.
THE COURT: Can we do that?
MR. ROTTENBORN: Sure.
THE COURT: Before it publishes.
MR. ROTTENBORN: Can we do that, Michelle.
THE COURT: He's having trouble with the sound. The sound, oh.
THE COURT: All right. Any objection to 427?
MS. MEYERS: No objection, Your Honor.
THE COURT: With redactions. Okay. O 427, with redactions.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: If you would just blow the text up, Michelle, on both of those.
MR. ROTTENBORN: Mr. Depp, on April 26th, 2015, Jerry Judge -- and Jerry Judge is your former security guy who passed away a couple of years ago, right?
MR. ROTTENBORN: And he writes you and says, "Hi, boss. Just wanted to say if you and Amber need anything, just let me know, I will be there in 20 minutes. Johnny, it is lovely to see how you and Amber are so happy. The other day, watching the two of you sitting on the bench by the sea was fantastic. The two of you need happiness and it is really great to see that. Love to you and Amber. XOXO. Jerry." Did I read that right?
MR. ROTTENBORN: And underneath that, you texted him back and you said, "Thank you my dear Jerry. Very, very kind, mate. We have been perfect. All I I had to do was send the monster away and lock him up. We've been happier than EVER. Love you, brother. JD." l Did I read that right?
MR. ROTTENBORN: Michelle, could you, I please, pull up Exhibit 445, Defendant's.
MR. ROTTENBORN: And in the text that we just saw, when I you were -- used the word "monster," Ms. Heard wasn't on that text message, was she?
MR. ROTTENBORN: Okay. Thank you. Mr. Depp, I'd like to direct your attention in this message to the second text down.
MR. ROTTENBORN: Which is a text from you to Dr. Kipper, Dr. David Kipper, on June 28th, 2015.
MR. ROTTENBORN: Is that right?
MR. ROTTENBORN: Your Honor, I move for the admission of redacted exhibit with simply that text. We're happy to redact the rest of it.
THE COURT: Text 139 or 137?
MR. ROTTENBORN: 137, Your Honor.
THE COURT: 137.
MS. MEYERS: No objection with the proper redactions.
THE COURT: Get those redactions before you publish. Or do you want to publish?
MR. ROTTENBORN: We will make the I redactions right now and publish that.
THE COURT: Okay.
MR. ROTTENBORN: Thank you.
THE COURT: All right. 445 as redacted.
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: All right. In evidence.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: And you sent this text on June 28th, 2015 and it said --
MR. ROTTENBORN: If you can blow up the text, Michelle, please.
MR. ROTTENBORN: "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. My deformed finger and I have no friends. By the way, Amber and I have been absolutely perfect for three fucking months solid. I've locked my monster child away in a cage deep within and it has fucking worked. We're goddamn best friends now. Amazing. Big love to you, my brother. JD."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And Amber wasn't on that text when you told Dr. Kipper that you had locked your monster child away in a cage deep within, was she?
MR. ROTTENBORN: Can we pull up Exhibit 435, please, unredacted.
MR. ROTTENBORN: It's just the bottom text that I'm going to direct your attention to, Mr. Depp. This is a text that you sent to Stephen Deuters on May 14th, 2015, right?
MR. ROTTENBORN: Yep.
MR. ROTTENBORN: And Stephen Deuters is your personal assistant -- or was your personal assistant at the time you were with Ms. Heard, right?
MR. ROTTENBORN: Now he's the president of the European branch of Infinitum Nihil, right?
MR. ROTTENBORN: Move for admission of a redacted version of this document, with just the bottom text, Your Honor.
MS. MEYERS: No objection.
THE COURT: All right. Redaction just to the bottom text.
MR. ROTTENBORN: Thank you, Judge.
THE COURT: All right. 435 in evidence s as redacted.
MR. ROTTENBORN: And on May 14th, 2015 --
MR. ROTTENBORN: Blow up that text, Ms. Michelle, please.
MR. ROTTENBORN: You texted Mr. Deuters "Need to discuss 10th news helicopters hovering outside the house this morning. I'm ready to shoot a motherfucker, but don't worry, the monster is not involved," correct?
MR. ROTTENBORN: And Ms. Heard wasn't on that text, was she?
MR. ROTTENBORN: Let's pull up Exhibit 196, please. This is on page 2, please. Are we on page 2? Yeah.
MR. ROTTENBORN: So, Mr. Depp, I'd like to direct your attention to line 24. You can see in that left-hand column there. And this is a text message from you to Stephen Deuters, your personal assistant at the time, on October 31st, 2013, correct?
MR. ROTTENBORN: Permission to publish evidence -- or move for admission, Your Honor, of this, just this page of the exhibit, with just that text.
MS. MEYERS: With the phone numbers redacted, we have no objection.
MR. ROTTENBORN: Of course.
THE COURT: If you could do those redactions. So, just page 2 of Exhibit 196?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Are you ever going to enter any other pages of this exhibit into evidence?
MR. ROTTENBORN: I'd like to reserve the right to.
THE COURT: Then we will call it 196A, okay?
MR. ROTTENBORN: Thank you.
THE COURT: Makes it easier for the record.
MR. ROTTENBORN: Thank you. Permission to publish, Your Honor.
THE COURT: All right. 196A into evidence as redacted.
MR. ROTTENBORN: And in this text message from you to Mr. Deuters on October 31st, 2013, you write "Thanks. She thinks that my Peruvian period has made me a monster and that I'm ruining the relationship."
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: The Peruvian period is a reference to cocaine; is it not?
MR. ROTTENBORN: I'm sorry? You said yes, it is?
MR. ROTTENBORN: Let's go to exhibit 293, please.
MR. ROTTENBORN: Mr. Depp, I'd like to direct your attention to the bottom text, which is a text from you to an unknown number on October 4th, 2014.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Yes.
MR. ROTTENBORN: Yes, sir.
MR. ROTTENBORN: Your Honor, I'd move for the admission of modified Exhibit 293, with O just that redacted version. And we may use other parts of it, so I'd ask it to be 293A or 1.
THE COURT: Okay. We can make it A.
MR. ROTTENBORN: Okay.
THE COURT: Keep consistent. I have 293A.
MR. ROTTENBORN: I forgot what you said.
MS. MEYERS: No objection, Your Honor.
THE COURT: Okay. 293A. We'll get the redactions done.
MR. ROTTENBORN: All right. 293 -- maybe. There we go. All right. 293A in evidence with redactions. I'
MR. ROTTENBORN: Thank you, Your Honor. And in this text message on October 4th, 2014, you text someone, it's unclear who, you say "I am going to, quite gracefully, glide into a massage of my broken back and neck. I shall exit in one hour, a MONSTER!!! "Shall we each swallow an E each ( or, perhaps it's MDMA) at around 8 pm and go to dinner with a few of my wee team at a wonderful Peruvian spot...???
MR. ROTTENBORN: Let us enjoy this night, my brother!!! Let us reward ourselves for the hard work and misery of the heat that we push ourselves to conquer every goddamn day!!! "The Shatter." Did I read that right?
MR. ROTTENBORN: And "E" here, that's a reference to ecstasy, correct?
MR. ROTTENBORN: You can take that ( down, Michelle, please.
MR. ROTTENBORN: You would agree that you found drugs and alcohol at an early stage in your life, right?
MR. ROTTENBORN: And you testified, a couple days ago, that you had done just about every kind of drug there was by age 13 or 14, right?
MR. ROTTENBORN: 15. And you found that drugs are the only way to numb your pain, right?
MR. ROTTENBORN: And you said yesterday that, in fact, I think you said you take drugs to "numb the demons," right?
MR. DEPP: I don't know that I said to "numb the demons," but I have -well, if I did say demons, it is to numb the residual pain that I carry from my youth.
MR. ROTTENBORN: And one of your good friends that you've taken drugs with before is Marilyn Manson, right?
MR. DEPP: Yes, we've taken - we drank together. We've had cocaine together, maybe a couple of times.
MR. ROTTENBORN: Okay. Pills, right, with Marilyn Manson?
MR. ROTTENBORN: All right. I get it.
MR. ROTTENBORN: You employed a lot of people that work for you, right?
MR. ROTTENBORN: You employ a lot of people that serve various roles in your life, right?
MR. ROTTENBORN: At least some of those people will do anything you ask, including some of them supplying controlled drugs to you, correct?
MR. DEPP: I would not characterize those people as doing anything I want or anything I said They're not the yes men that you'd like them to be.
MR. ROTTENBORN: Can you turn -- pick up your testimony from the U.K. trial and turn to page 48, which is page 13 of the document, please.
MR. ROTTENBORN: You've got it?
MR. ROTTENBORN: And if you could, please, take a look at page 48, line 15.
MR. ROTTENBORN: You just testified that they're not yes men, right? That was the testimony you just gave, correct?
MR. ROTTENBORN: On page 48, line 15 of your testimony in the U.K., you were asked a question, "There are people who will do what you ask. They will do anything you ask, including some of them supplying drugs to you, controlled drugs to you."
MR. ROTTENBORN: Your answer was, "There are people who work for me, work with me who, yes, in the past, have been asked to provide whatever I have felt was necessary at the time." QUESTION: Well, putting it bluntly, if you wanted illegal drugs, controlled drugs, and you asked one of your staff, and I'm not going to name anybody particularly right now, that member of staff would provide you with those drugs if he could?
MR. ROTTENBORN: "ANSWER: At times, yes. "QUESTION: Despite the fact that it was illegal? "ANSWER: Yes."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Can we pull up Exhibit 1085, please.
MR. ROTTENBORN: You've seen this picture before, Mr. Depp, right?
MR. ROTTENBORN: Yes. And this is a picture that was taken in Ms. Heard's former house or apartment on 120 Orange Avenue, after you two began dating, correct?
MR. DEPP: Yes, sir. And it's quite a I composition. The composition of the photograph is very interesting.
MR. ROTTENBORN: I think that's something we can agree on.
MR. ROTTENBORN: Your Honor, move for admission of Exhibit 1085, and ask for permission to publish.
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. 1085 published and in evidence.
MR. ROTTENBORN: And this picture, you recall, Mr. Depp, was taken in or around March of 2013, after you had fallen off the wagon, right?
MR. ROTTENBORN: March of 2013, I believe, right?
MR. ROTTENBORN: Does that ring a bell?
MR. DEPP: If March 23rd I had fallen off the wagon from when I was doing Lone Ranger, when Ms. Heard was with me, when I was sober.
MR. ROTTENBORN: Okay.
MR. DEPP: But the whiskey that's on the table was - that was an average - every day I would come home to her place and there would be a glass of whiskey waiting for me.
MR. ROTTENBORN: And you would sometimes drink whiskey in the mornings, too, right, during this time period?
MR. ROTTENBORN: And that cocaine, those white lines, those are -- that's cocaine, right?
MR. ROTTENBORN: Yeah. And that's your cocaine that you kept in that box that says "property of JD" with the skull and crossbones, isn't it?
MR. ROTTENBORN: You don't dispute that?
MR. ROTTENBORN: No. But you don't dispute that you carried cocaine in that box that says "property of JD"? That was a special box that you carried cocaine in, wasn't it?
MR. ROTTENBORN: You can't say that you carried cocaine in that box?
MR. DEPP: No, but it looks like it would fit some cocaine. Cocaine is - I would, in my experience, normally, given in plastic bags. When you put it in a box like that, chances are very good you'll leave a trail of- a long line of cocaine behind you walking down the street.
MR. ROTTENBORN: Okay. Why don't you go ahead and pull up your U.K. testimony, please. Let's look at page 202.
MR. ROTTENBORN: It's page 9 of the document.
THE COURT: Are you saying 202? Because there's no 202.
MR. ROTTENBORN: Mr. Rottenborn: That's my fault. It's day 2. So, I owe you another transcript. That's I my fault. My apologies. We're moving into I another day now.
THE COURT: Thank you.
MR. ROTTENBORN: Your Honor, permission Is to approach.
THE COURT: Okay. Yes. Thank you.
MR. ROTTENBORN: So this, and I apologize for that, Mr. Depp, this is page 9 of the document, page 202 of the transcript. This was day 2 of your testimony in the U.K.
MR. ROTTENBORN: Yep. And on that -- on page 202, you were asked a question, "We'll have to work out what that was at a later stage. Can you see in the front that there's a little box, about two inches by two inches, if we compare it to the size of the credit cards?" "ANSWER: Yes. Property of JD with skull and crossbones on it. Yes, I do. "That, I suggest" -- this is a question.
MR. ROTTENBORN: "That, I suggest, is your cocaine box. That is where you would keep your cocaine, a special box that you had.
MR. ROTTENBORN: "ANSWER: I do remember the box.
MR. ROTTENBORN: "QUESTION: Do you remember it now? I "ANSWER: Yes. I did not remember the property of JD. Yes, that is a box. It was Is carrying cocaine in it. I would say I probably I was then."
MR. ROTTENBORN: Do you see that? Did I read that right?
MR. ROTTENBORN: And on the morning that this picture was taken, you were -- this was during the filming of a documentary about Keith Richards. Do you remember that?
MR. ROTTENBORN: Sure. This picture was taken while you were filming a documentary about Keith Richards, correct?
MR. ROTTENBORN: Do you remember that? I believe it was March 2013, but you should know better than I do.
MR. ROTTENBORN: And you see there's a Keith Richards CD, looks like, above that cosmetic case?
MR. ROTTENBORN: You had an argument that morning in which you accused Amber of cheating on you.
MR. ROTTENBORN: Do you remember that?
MR. ROTTENBORN: You were using cocaine and drinking whiskey that morning, and as a result of that argument, you were late to the set of that documentary, correct?
MR. DEPP: In fact, I was not late to the documentary. Well, I was late, but I had called my crew, because it was a day of filming performance, it was Keith Richards, Tom Waits, and some other very talented musicians. The only thing that needed to be done, in terms of performance, was capture the performance. So my -- I wasn't needed on the set. So I could come in anytime I wanted.
MR. ROTTENBORN: Okay. You just said that you were late, though, correct?
MR. ROTTENBORN: You just testified --
MR. ROTTENBORN: I would like to shift gears a little bit now. Well, actually, let's not.
MR. ROTTENBORN: Michelle, could you, please, pull up exhibit 152.
MR. ROTTENBORN: Mr. Depp, these are various texts that you sent and received to various people in 2012.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Right, right.
MR. ROTTENBORN: And we'll take them kind of piece by piece, I guess. I guess the first thing I'd like to do is take a look at exhibits -- or I'm sorry, the entries 1628. So that's about halfway down the page. It's the text exchange, a text from you to Stephen Deuters, your personal assistant at the I j l time, and then a text from him back to you.
MS. MEYERS: Objection, Your Honor.
THE COURT: All right.
THE COURT: Would you like to approach?
MS. MEYERS: Yes.
THE COURT: I guess we're approaching.
MS. MEYERS: The portion of the communication -- !
THE COURT: I'm sorry, I'm not hearing I ill you.
MS. MEYERS: The portion of the text messages that refer to Seattle need to be redacted.
MR. ROTTENBORN: Of course. I actually I prepared a redacted version, but I thought, from I this morning, you'd want to see the whole thing.is
THE COURT: Which ones are you focusing on?
MR. ROTTENBORN: I'm going to focus on the two from him to Stephen Deuters, in the middle of the page. I think it's 16 and 28 and then --
THE COURT: Two of those.
MR. ROTTENBORN: I think there's one at the bottom One text at the bottom Just those three.
THE COURT: The one that says "I used marijuana a lot"?
MR. ROTTENBORN: Yes.
THE COURT: The ones you redacted, now that we've seen it all, there isn't anything else you want on there, right?
MS. MEYERS: No.
THE COURT: Once you redact it and once ! they've seen it, we'll enter it into evidence.
MR. ROTTENBORN: Okay. No, that's fine. I have no objection to that.
THE COURT: Okay.
THE COURT: I 118 Do you agree with that?
MS. MEYERS: That's fine, Your Honor. I Thank you.
THE COURT: 152, with redactions, in ! evidence.
MR. ROTTENBORN: Thank you, Your Honor. Appreciate your patience.
THE COURT: Uh-huh.
MR. ROTTENBORN: Mr. Depp, take a look at the three text messages. On August 4, 2012, you exchange text messages with Stephen Deuters, one from you to him and one from him to you.
MR. ROTTENBORN: Do you see that, halfway through the page?
MR. ROTTENBORN: Michelle, can you blow those up, please.
MR. ROTTENBORN: In those text messages, you write to Mr. Deuters, your personal assistant, "Yay. Where is the little Baggie you built in L.A.????"
MR. ROTTENBORN: And he says, "Special baggie? I gave you can in 1480 kitchen. Not sure where it went after that. Thought I heard you say something along the lines of 'I know what to do with it!"'
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: All right. Can you scroll down to the text on the bottom, please?
MR. ROTTENBORN: This is a text, Mr. Depp, where you say "I use marijuana a lot!!! I take pot."
MR. ROTTENBORN: I read that right, correct?
MR. ROTTENBORN: And this is a text that you sent on September 11, 2012.
MR. ROTTENBORN: So just scroll over to the left, Michelle.
MR. ROTTENBORN: This is a text that you sent to Brian Warner. Brian Warner is Marilyn Manson, right?
MR. ROTTENBORN: Let's pull up Exhibit 145, please.
MR. ROTTENBORN: Mr. Depp, this is a series of text messages from you to and from various people in 2012, right?
MR. ROTTENBORN: And, Your Honor, the text messages that I'd like to ask the witness about are the first two and then the -- just those first two.
THE COURT: All right.
MS. MEYERS: We have no objection to admission with proper redactions.
THE COURT: All right. Admitted, just those two first.
MR. ROTTENBORN: I move for the admission of that document, as redacted.
THE COURT: As soon as we get it redacted.
MR. ROTTENBORN: Thanks, Michelle.
MS. MEYERS: That's fine. No ! 13 objection.
THE COURT: All right. 145 in evidence as redacted.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: So, this text exchange, Mr. Depp, between you and Marilyn Manson, on September 11th, 2012, you text him "The pill and the plant stuff keep me calm and detached." He texts you back "I have lots of reefers, many reefers, and cookies, which are weird, but pot is funny. Backwards I" gateway drug.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: You can take that down, Michelle, please. And if you could, please, pull up Defendant's Exhibit 108 -- sorry, 1089. 1-0-8-9.
MR. ROTTENBORN: Mr. Depp, I'd like to ask you about this photo. This is a photo of four pretty huge bags of marijuana, correct?
MR. ROTTENBORN: And the coffee cup that's right next to I that, that's a coffee cup for your company, Infinitum Nihil, right?
MR. ROTTENBORN: And the furniture, this is taken in one of your residences?
MR. ROTTENBORN: In the recording studios, okay.
MR. ROTTENBORN: Your Honor, move for the admission of Exhibit 1089, Defendant's Exhibit 1089, and permission to publish.
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. 1089 admitted, and you can publish.
MR. ROTTENBORN: So this picture of these four giant bags of pot, at least four, was taken in your recording studio; is that right?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: You can take that down, Michelle.
THE COURT: Are you at a good break point, Mr. Rottenborn?
MR. ROTTENBORN: Sure. A break would be fine.
THE COURT: All right.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: Let's go ahead and take our morning recess. 15 minutes. Just don't talk to anyone, and don't do any outside research.
THE COURT: Thank you, ladies and gentlemen, you can be released.
THE COURT: All right. We'll come back at, let's make it 11 :33, okay? 11 :33.
MR. ROTTENBORN: Thank you, Your Honor.
COURT BAILIFF: All rise.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. Are we ready for the jury?
MR. ROTTENBORN: Yes,Your Honor.
MS. MEYERS: Yes, Your Honor.
MS. MEYERS: Whereupon, the jury entered the courtroom and the following proceedings took place.)
THE COURT: All right. Be seated.
THE COURT: Is Your next question.
MR. ROTTENBORN: Mr. Depp, contrary to what maybe we've heard, the jury's heard earlier in this trial you became aware many times, over the course of your life, about your sister Christi's concerns about your drug consumption, correct?
MR. ROTTENBORN: Yes.
MR. DEPP: I think you'd have to ask her that I'm not aware that she was concerned for the period of my life, no.
MR. ROTTENBORN: Well, in fact, your sister's had a number of worries about your drug consumption over many, many years, since your youth, that you've become aware of, correct?
MR. ROTTENBORN: Since your youth. Sorry.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Since your youth.
MR. DEPP: Since my youth, my sister has not been necessarily privy to every single, let's say, move that I've made, whether it be where you'd like me I to go with the drug dependency, or whatever. She's been a concerned sister in every way, even having to do with relationships that I was in that Is she was quite worried about.
MR. ROTTENBORN: Right, right. I wasn't asking about relationships.
MR. ROTTENBORN: Let's do it this way.
MR. ROTTENBORN: Given your testimony. Let's turn to day 2 of the U.K. trial the transcript that's in front of you, please.
MR. ROTTENBORN: Page 279. It's on page 28 of the document, please. It's upper right.
MR. ROTTENBORN: Yes, sir.
MR. ROTTENBORN: And on line 11 -- are you there? Do you have the document up?
MR. ROTTENBORN: No. I'm sorry. Is it in your hand?
MR. ROTTENBORN: Great. On page -- line 11, page 279, you were asked a question.
MR. ROTTENBORN: "QUESTION: Did your sister express anxiety to you about your drug intake at around this time?"
MR. ROTTENBORN: Your answer, "My sister Christi has, over many, many years since my youth, had a number of worries about my consumption growing up. Yes, she talked to me many times over the course of my life, and, yes, with Ms. Heard, we did speak about it. I think she and Ms. Beard's ability to speak to one another stopped not long after this."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: When you first started seeing Amber, you had -- you filmed the Rum Diary but then you went a couple years without being involved and then you saw each other on a press tour for the movie, right?
MR. ROTTENBORN: And when you first started seeing her, after that couple-year period of not seeing her, you had just been checked out of a New York hospital, where you had been for a couple days to fight alcohol use, correct?
MR. ROTTENBORN: And you were drinking -- you were abusing alcohol toward the end of your relationship with your prior partner, Vanessa Paradis, correct?
MR. ROTTENBORN: You were drinking pretty heavily?
MR. ROTTENBORN: That's my question to you, sir.
MR. ROTTENBORN: Let's tum to the U.K.
MR. ROTTENBORN: Let's just look at what you said before.
MR. ROTTENBORN: Let's go to page 116 of the U.K. transcript, please. This would be in day 1.
MR. ROTTENBORN: Yeah, 116, down on to 117, okay?
MR. ROTTENBORN: On 116, line 18, the question is, "I think one of the problems in that relationship was your alcohol and drug addiction, misuse, if you prefer that word." "ANSWER: I would definitely say at the end of my relationship with Ms. Paradis, the mother of my children, it was a very painful time to break up with someone you've been with 14 years and that you have two children with. So, it was a very painful time and I was more than likely trying to numb myself as much as possible.
MR. ROTTENBORN: "QUESTION: Am I right in saying that you agree that you were abusing alcohol and drugs, but you have explained why?
MR. ROTTENBORN: I would say that I was abusing alcohol. I do not know that I was abusing drugs, but I was abusing alcohol for sure, yes.
MR. ROTTENBORN: And there was a time, in the early stages of your relationship with Amber, when you explained to her that you weren't drinking alcohol at that time because you had a problem with your ,9 liver, correct?
MR. DEPP: Yes. There was -yeah, there was a concern over the numbers, as they call it, over my- about my liver.
MR. ROTTENBORN: And you shared that with Amber, right?
MR. ROTTENBORN: And Amber, early on in your relationship, throughout your relationship, she didn't love the fact that you were drinking and using drugs, correct? You've testified to that many times, right?
MS. MEYERS: Objection. Calls for speculation as to what is in Ms. Heard's mind.
THE COURT: I'll sustain to that form. Do you want to rephrase?
MR. ROTTENBORN: You understand that Ms. Heard was not happy with you overusing alcohol or overusing drugs, correct?
MR. ROTTENBORN: Yeah, she was trying to be supportive of your sobriety, correct?
MR. ROTTENBORN: No? Okay.
MR. ROTTENBORN: Let's look at Exhibit 182, please.
MR. ROTTENBORN: No, this is an exhibit.
MR. ROTTENBORN: No, you can set that to the side, sir, thank you.
MR. ROTTENBORN: This is an email from -- exchange from you -- between you and Elton John in 2013, July 2013, correct?
MR. ROTTENBORN: And the second email down is an email that you sent to Elton John, 5:05 in the afternoon, on July 13th, 2013.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, move for the admission of Exhibit 182 and permission to publish.
THE COURT: I assume there are redactions need to be done.
MS. MEYERS: Yes, Your Honor. There are some email addresses in here, and I would ask that the portions that are not Mr. Depp's also be redacted as well.
THE COURT: All right.
MR. ROTTENBORN: That's fine.
THE COURT: Okay. So, no objections with those redactions; is that correct?
THE COURT: Okay. Just get those redactions.
MR. ROTTENBORN: Is it just one page?
MS. MEYERS: Yes.
THE COURT: Alright.
MR. ROTTENBORN: I believe that covers the redactions, Your Honor.
MS. MEYERS: May I just have a moment to read?
THE COURT: Sure.
MR. ROTTENBORN: Of course.
MS. MEYERS: No objection with the proper redactions. Thank you.
THE COURT: All right. 182 in evidence with redactions.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: So, this is an email that you sent to Elton John, July 13th, 2013.
MR. ROTTENBORN: And, Michelle, could I you scroll down to the third paragraph up from the bottom. It starts with the words "on the other side of the coin."
MR. ROTTENBORN: And in that paragraph, you write "On the other side of the coin, my kids have fallen head over heels in deep love with Amber, my girl, and that pressure off my shoulders is fucking gone. That is, until the French extortionist (ex-cunt) attempts to brainwash them against her, which I'm sure is imminent.
MR. ROTTENBORN: I read that right, didn't I?
MR. ROTTENBORN: When you refer to the "French !s extortionist," and called her an ex-cunt, you were referring to Vanessa Paradis, the mother of your children, correct?
MR. ROTTENBORN: You can take that I down.
MR. ROTTENBORN: Can you pull up Exhibit 214, please. Defendant's Exhibit 214.
MR. ROTTENBORN: Mr. Depp, portions of this, we've already seen portions of this exhibit. What I'm going to ask you about are the top three messages, these are messages to and from your daughter, Lily-Rose, I believe, on February 4th, 2014, correct?
MS. MEYERS: We object, Your Honor. These are communications -- we object to the admission of any communications from his daughter.
THE COURT: What's the legal objection?
THE COURT: MS. :MEYERS: Hearsay.
MR. ROTTENBORN: First of all, I was just asking if that was what it was. But may we approach?
THE COURT: Okay.
MR. ROTTENBORN: The, you know, I think context matters. Today we've had a number of things where she said, well, we want the other text messages for context, so I think it's (indiscernible).
THE COURT: They don't want it this time.
MR. ROTTENBORN: Fair enough. I'm going to ask him some questions, may ask to have them not published but impeach him with it.
THE COURT: What's the impeachment, though?
MR. ROTTENBORN: Nothing yet. I'm just saying I'm not going to ask --
THE COURT: So what (indiscernible).
MR. ROTTENBORN: Potentially. I may show it to him for impeachment purposes, if necessary.
THE COURT: But not now?
MR. ROTTENBORN: Not now.
THE COURT: Sustain the objection to 214.
THE COURT: Next exhibit.
MS. MEYERS: Thank you, Your Honor.
MR. ROTTENBORN: BY MR. ROTTENBORN:
MR. ROTTENBORN: Mr. Depp, you understood that the last few years before Amber, that your relationship with your kids was such that there was a perception, by them, that you weren't around for them and that all changed when Amber came into your life, correct?
MS. MEYERS: Objection. Calls for speculation.
MR. ROTTENBORN: Just asking what he's aware of
THE COURT: I'll allow it.
MR. ROTTENBORN: Sure. You're aware that the last few years before you started dating Amber, that there's a perception, by your kids, that you weren't around and that that all changed when Amber came into your life?
MR. ROTTENBORN: No, I'm just asking if you were aware that -- of my question, that there was a perception that you weren't around for the last couple of years before Amber and that that changed when Amber came into your life. That's all I'm asking.
MS. MEYERS: Asked and answered, Your Honor.
THE COURT: Not sure he answered. That objection, I'll overrule that objection.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: You're also aware that there was a perception, you were made aware, that Lily-Rose believed Amber was a good influence on you and changed you for the better, correct? Is MS. :MEYERS: Objection. Hearsay, Your Honor.
MR. ROTTENBORN: I'm just asking what is his perception is. •9
THE COURT: I'll sustain the objection. Let's move on.
THE COURT: You don't have to answer the question. I sustained the objection.
THE COURT: That's fine. Next question. i IJ7
MR. ROTTENBORN: You're aware of the lengths that Ms. Heard went to, to care for you, when you were impaired by drugs or alcohol, correct?
MR. ROTTENBORN: Let's be specific. sorry
MR. ROTTENBORN: Can you, please, pull up Exhibit 839.
MR. ROTTENBORN: Your Honor, this is a recording. And we plan to play 6 minutes and 55 seconds through 7 minutes and 29 seconds.
THE COURT: Is this a recording we ah-early have? No, this is a different recording?
MS. BREDEHOFT: (Indiscernible.)
MR. ROTTENBORN: I don't believe so, O but I'm not a hundred percent sure if this has been.
THE COURT: 839?
MR. ROTTENBORN: Defendant's 839. I 5 that audio recording?
THE COURT: Is there any objection to
MS. MEYERS: Assuming this is an audio recording between Mr. Depp and Ms. Heard, then we I 8 have no objection.
MR. ROTTENBORN: It is.
THE COURT: Okay.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: So, no objection to it being entered into evidence?
MS. MEYERS: That's correct.
THE COURT: It's full content, but we're just playing a portion of it; is that correct?
MR. ROTTENBORN: Yes, correct.
THE COURT: 839 in evidence, then. Okay. Thank you.
MR. ROTTENBORN: And permission to play O the clip mentioned to the jury?
THE COURT: I assume there's no objection since it's in. That's fine. Go ahead.
MS. HEARD: By pounding on the door and waking you up every 15 minutes and then falling asleep next to the door so I could hear you snoring, in case if you vomited, I could call EMS if you ever stopped snoring.
MS. HEARD: I thought you would choke on your own vomit, which is very likely with you.
MS. HEARD: Yes. Great.6
MS. HEARD: Yes.
MS. HEARD: Yes, you do vomit a lot. I l O In your sleep, even more.
MS. HEARD: Oh, it's news to you? Then this is affecting you a lot more than I thought it
MR. ROTTENBORN: Can you, please, pull up Defendant's Exhibit 1094.
MS. MEYERS: Your Honor, may we approach, briefly?
THE COURT: Sure.
MS. MEYERS: I don't know if that was ' I proper to just put that up without asking a question.
THE COURT: The audio clip?
MS. MEYERS: It was just played. IS was no question about it.
THE COURT: That's all right. You can follow up on it on your redirect. That's fine. That's fine. There
THE COURT: BY MR. ROTTENBORN:
MR. ROTTENBORN: Mr. Depp, do you recognize this picture as being a picture of you?
MR. ROTTENBORN: Okay. This picture --
MR. ROTTENBORN: I move for the admission of Defendant's Exhibit 1094, and ask for permission to publish, Your Honor.
MS. MEYERS: We have no objection, Your Honor.
THE COURT: 1094 in evidence and can be published.
MR. ROTTENBORN: This is a picture of you on a black, leather couch passed out, correct?
MR. ROTTENBORN: Where is it? What residence?
MR. ROTTENBORN: I'm sorry?
MR. ROTTENBORN: In Boston. And that's ice cream on your lap, correct?
MR. DEPP: It is indeed. Ms. Heard asked me to hold the ice cream as she noticed that I was on the nod, that means falling asleep, from the 17-hour day that I'd worked and, also, the opiates that I'd ingested. And if you'll notice, my right hand is in my pocket. So, I wasn't participating in the festival of ice cream. I was holding her ice cream and because she knew what was going to happen, that I would fall asleep and it would drop, and that was a wonderful picture to take for her. I don't know why she took it, but ...
MR. ROTTENBORN: So it's Ms. Heard's fault that that picture was taken? Is that what you're saying?
MR. ROTTENBORN: All right. Let's talk about this. Because you say you were in Boston.
MR. ROTTENBORN: This is when you were filming Black Mass?
MR. ROTTENBORN: And you testified that that was kind of IO the last film that you did when you were -- you were taking opiates, right?
MR. ROTTENBORN: And you --
MR. ROTTENBORN: Testified yesterday that you don't take opiates to get high, right? You testified to that on a couple different occasions, correct?
MR. DEPP: You certainly can take opiates to get high. If I doubled the dose, then I would most assuredly be ready for sleep. That's not a blackout, that's sleep.
MR. ROTTENBORN: Sure. If you doubled the dose, you'd be ready for sleep, but it wouldn't get you high in the way that other drugs would, correct?
MR. ROTTENBORN: Right. And for that reason, I believe you testified yesterday, or two days ago, it's not like you take those pills to get high.
MR. ROTTENBORN: You remember giving that testimony, I correct?
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Let's put up Defendant's 866, please.
THE COURT: What number did you say?
MR. ROTTENBORN: Defendant's exhibit 866.
MR. DEPP: But I also believe that I said - that I asked Nurse - or I told Nurse Debbie that I had told her that I needed more than I actually took I because I always wanted to have one or two in my pocket, just in case the kick started.
MR. ROTTENBORN: Uh-huh. If you could, take a look at the text at the top of that page.
MR. ROTTENBORN: It's a text exchange between you and Elin Boerum. Erin Boerum, you testified, is one of the Dr. Kipper's nurses, right?
MR. ROTTENBORN: And this is a text exchange that you I had with her in August and September 2016, correct?
MR. ROTTENBORN: The top three?
MR. ROTTENBORN: In the first, she tells you that she's I watching Black Mass for the third time, right?
MR. ROTTENBORN: Yep. And --
MR. ROTTENBORN: Your Honor, I'd move for -- I would like to admit this Exhibit 866, and permission to publish, please. And particularly, I'm talking about the top three texts.
THE COURT: The top -- so redacting the other texts, just the top three texts and the identifying information?
MR. ROTTENBORN: Yes, Your Honor.
MS. MEYERS: Your Honor, we have no objection, but we would ask the fourth text IO message be included.
THE COURT: So, the top for texts.
MS. MEYERS: And, obviously, the phone numbers redacted as well.
THE COURT: Let's get that up and see what that looks like.
THE COURT: All right. That's fine.
MS. MEYERS: No objection.
THE COURT: Okay. 866 in evidence with redactions.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: Michelle, could you blow up that third text, starts with "you are the sweetest," please.
MR. ROTTENBORN: And in this text to Ms. Boerum, after she's telling you that she's watching Black Mass for the third time in a row, you write "I was high as a motherfucker when I made that film. Hahaha." tight?
MR. ROTTENBORN: Down. Do you see that? Did I read that Yes, you did read that right. Now--
MR. ROTTENBORN: You can take that
MR. ROTTENBORN: You've trashed hotel rooms before, simply because you've had a bad couple days and an unpleasant time, correct?
MR. ROTTENBORN: You'd agree that, at times in your life, you've expressed yourself through destructive behavior?
MR. ROTTENBORN: And you'd agree that, at times when you were angry, you've smashed things up, right?
MR. ROTTENBORN: And you've said in an interview one time, you said the following quote: "You know, b ,s you have bad days and, you know, some guys go play golf, some guys, you know, smash hotel rooms." You've said that before, right?
MR. ROTTENBORN: It's a yes-or-no question. It was - You've said that before, right?
MR. ROTTENBORN: You believe if something feels stronger than you, that it's a human reflex to smash something or throw something against the wall or punch a door, correct?
MR. DEPP: I don't believe that I'm the only human being that's ever punched a door or broken something in an internal bout with myself.
MR. ROTTENBORN: You believe that -- I 1 s
MR. ROTTENBORN: You believe that's something that happens when you get frustrated, right, and that it's a mini explosion that comes and goes quickly, right?
MR. ROTTENBORN: Let's pull up Exhibit 143, please.s
MR. ROTTENBORN: Can you scroll down? This is an email exchange between you and Stephen Deuters, your personal assistant, in April of 2019. Do you see that?
MR. ROTTENBORN: And it's two pages, I believe.
MR. ROTTENBORN: So, let's go to the I second page, please. The bottom, right there.
MR. ROTTENBORN: You see that on April 19th, 2012, you wrote him "I got drunk and destroyed my room. There are hookers and animals in here." Did I read that right?
MR. ROTTENBORN: Your Honor, permission to -- or I'd like to move for admission of 143 and permission to publish, please.
MS. MEYERS: As long as the email addresses are redacted, we have no objection, Your Honor.
THE COURT: Just redacting the email addresses, but the full content comes in; is that correct?
MS. MEYERS: Yes, Your Honor.
THE COURT: All right. I want to make sure I have it straight.
MS. MEYERS: All right. Redact the identifiers. All right.
MS. MEYERS: Are you agreeable to that?
MR. ROTTENBORN: Let's make sure that that's the only -- is that the only email address? Okay.
THE COURT: All right. Could you go down to the second page again, for a second.
MR. ROTTENBORN: Go down to the second page, please.
THE COURT: To the signature line.
MS. MEYERS: Can we just see the top again?
MR. ROTTENBORN: Go to the top.
MS. MEYERS: The top of the first page.
MR. ROTTENBORN: The top of the first page. Thanks.
MS. MEYERS: Thank you.
THE COURT: No objection.
MR. ROTTENBORN: We're going to take a look at it.
THE COURT: All right. 143 in evidence.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: Can you scroll down, Michelle.
MR. ROTTENBORN: So, you write to Mr. Deuters "I got drunk and destroyed my room. There are hookers and animals in here." Then if you scroll up, he writes, simply, "Watch out for Mike Tyson. just wear it on for the rest of the day, like, that works, doesn't it? I've had to kill a few of Have you numb numbed," correct? And then you write "don't want numbies. Thank you. Is it okay to put on a condom after the fact? I mean, if I the animals for sustenance. I made quite a mess. There's blood and animal tracks everywhere." Did I read that right?
MR. ROTTENBORN: And you are currently in a lawsuit for assaulting a crew member on the set of one of your movies in July of 2018, correct?
MS. MEYERS: Objection, Your Honor.
THE COURT: Approach.
MS. MEYERS: Relevance and ll 114(indiscernible) 404.
MS. MEYERS: I This is a --
THE COURT: This is a defamation case. I don't think either of you can have improper I character evidence in a defamation case. What's your other objection?
MS. MEYERS: Relevance, Your Honor.
THE COURT: What's your relevance?
MR. ROTTENBORN: Relevance is that the two bodyguards that were with him during the time of these allegations were Jerry Judge and Sean Bett, the same people that were with him the night of May 21st, 2016.
THE COURT: Why is that relevant?
MR. ROTTENBORN: Our belief is that Mr. Judge and Mr. Bett lied to protect him, they're all loyal to him So, the fact that he's being sued by someone for assault, for assaulting him on a movie set, and the same two people who were conveniently there on May 21st, 2016, that's directly relevant evidence. I limit my questions. I won't ask him about the allegations, but I want to ask him one question. I'll say, the two people who were with you, who were your security guards the day of the alleged assault were Jerry Judge and Sean Bett. That's the only question I'll ask him That's relevant.
MS. MEYERS: That's tenuous, what happened between him and another man.
THE COURT: If he's not going to ask any other details, just that one limited question, okay?
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: Okay.
MR. ROTTENBORN: Mr. Depp, I'm not going to ask you any questions about the particulars of that lawsuit, but -- other than this: The two bodyguards who were you with on the set of the movie, on the day that's the subject of that lawsuit, were Sean Bett and Jerry Judge, correct?
MS. MEYERS: Your Honor, can we please take the exhibit down?
MR. ROTTENBORN: Sure. We can take that down. Thank you.
MR. ROTTENBORN: I'd like to shift gears and talk about Hicksville. You remember taking a trip to a place called the Hicksville Trailer Palace, in late May 2013, correct?
MR. ROTTENBORN: The people -- it's like a little mini trailer resort out near Palm Springs, Joshua Tree area?
MR. ROTTENBORN: And the people that were there with you on that trip were Amber, her sister Whitney, right?
MR. ROTTENBORN: Rocky Pennington?
MR. ROTTENBORN: Someone named Kelly Sue, Kelly Sue Malano (phonetic), or Kelly Sue Etter (phonetic).
MR. ROTTENBORN: You remember Kelly Sue, right?
MR. ROTTENBORN: In fact, Kelly Sue, you recall, was sitting close to Amber and you thought she was being affectionate toward her.
MR. ROTTENBORN: You'd agree with that, right?
MR. ROTTENBORN: Well, you just testified you didn't remember someone named Kelly Sue, but I'm putting it to you.
MR. ROTTENBORN: Do you remember someone named Kelly Sue, who was sitting close to Amber and being affectionate, and you took exception to that, didn't you?
MR. DEPP: I wasn't aware her name was Kelly Sue. Terribly sorry about that. I didn't know her name, but it was someone I'd never seen before, who had clearly taken some happy something and was very affectionate with my girlfriend, or ...
MR. ROTTENBORN: And so, you removed Kelly Sue's hand from Amber and you yelled at Kelly Sue and told her that Amber was your girl, right?
MR. ROTTENBORN: That's not correct.
MR. DEPP: No, it's not. Not in the way that you're saying it. I certainly did remove her hand from Amber, if that's the answer to your question. But I think it's not.
MR. ROTTENBORN: Well, Mr. Depp, it's not a matter of how I said it, it's a matter of how you've said it. So, let's take a look of page 239 of the U.K. I transcript, please. This will be day 2.
MR. ROTTENBORN: Page 18.
MR. ROTTENBORN: That's all right. A lot of papers.
MR. ROTTENBORN: It's going to be 239 and 240.
MR. ROTTENBORN: Do you see, on page 239, line 22, l you're being asked a question about the incident we've just been discussing, and you were asked a ! question. "And how did you deal with that uncomfortable situation?"
MR. ROTTENBORN: Page 239, line 22.
MR. ROTTENBORN: You got it?
MR. ROTTENBORN: All right.
MR. ROTTENBORN: "QUESTION: And how did you deal with that uncomfortable situation?
MR. ROTTENBORN: "ANSWER: I removed Ms. Kelly Sue's hand from Ms. Beard's body, and I told her, 'Do not do that. First of all, that is my girl. Second of all, it's rude and invasive.' She was quite glassy eyed and she seemed pretty unsure of her surroundings. She seemed very unstable on her feet. I remember saying to her, 'If you are going to take this drug, MOMA, you should know if you are able to handle it or not."'
MR. ROTTENBORN: Correct? Did I read that right?
MR. ROTTENBORN: After this incident, you went back into the trailer that you and Ms. Heard were sharing and you had a big argument, right?
MR. ROTTENBORN: And the argument started about Kelly ----------------------;... Sue, correct? Amber was unhappy with your reaction to her and what happened, correct?
MS. MEYERS: Objection. Calls for speculation.
THE COURT: I'll sustain the objection.
THE COURT: You can rephrase.
MR. ROTTENBORN: You had an argument with Ms. Heard and you understood her to be upset with the way that you had handled that situation with Kelly Sue, correct?
MR. DEPP: I mean, I recall that that was a part of the argument. But as I had told Ms. Heard, I was sorry if this - I mean, I was protecting Ms. Heard's honor, and I was protecting my girl from someone who was clearly unable to deal with the substances that she had taken. She was a little forward.
MR. ROTTENBORN: I correct?
MR. ROTTENBORN: And apologies if we've already covered this, but this trip was in late May 2013ish?
MR. ROTTENBORN: Okay. If you could, pull up Exhibit 181, Michelle.
MR. ROTTENBORN: This has already been admitted into evidence this morning, Your Honor.
THE COURT: Allright. 181. I don't have 181 in evidence.
MR. ROTTENBORN: Did we not? Oh, you I know what? I forgot that this morning. I'm sorry. So 181. Yep, that's right. We haven't looked at this one yet this morning.
MR. ROTTENBORN: Mr. Depp, I'm going to ask you about the third text down. This is a text exchange from you -- a text message from you to Paul Bettany on July 11th, 2013, right?
MR. ROTTENBORN: Okay. And then above that, there's a text message exchange between you and your sister, Christi, on July 10th, 2013, correct?
MR. ROTTENBORN: Yeah.
MR. ROTTENBORN: Your Honor, I'd move for the admission of Exhibit 181, with just those three texts.
MS. MEYERS: No objection, Your Honor, I with the proper redactions.
THE COURT: All right. Get those redactions done.
MR. ROTTENBORN: Thank you, Your Honor.
MS. MEYERS: I'm sorry. Could you, please, clarify which text messages are going to be offered?
MR. ROTTENBORN: The top three.
THE COURT: Top three.
MS. MEYERS: Thank you. Yes.
MR. ROTTENBORN: There we go. ,21
THE COURT: All right. Any objection, then, to those redactions?
MS. MEYERS: No objection.
THE COURT: Okay. 181 in evidence, with redactions.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: All right.
MR. ROTTENBORN: I'd like to take a look at the text that you sent to Paul Bettany on July 11th.
MR. ROTTENBORN: If you could blow that up, please, Michelle.
MR. ROTTENBORN: And we just talked about this trip to Hicksville.
MR. ROTTENBORN: If you just -- yeah, there we go.
MR. ROTTENBORN: If you go to the second paragraph, or kind of the fourth line down, you write to Mr. Bettany Missing you and yours and await our dangle on the island. You may have to drink for me. I have, of course, pounded and displayed ugly colors to Amber on a recent journey. I'm an insane person and not so fair-headed after too much of the drink. Weed, pills, fine. Booze, my capacity is too large and I won't stop. Ugly and p y g p g y sad. Oh, how I love it.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: If you go up, please, this is a text message from -- exchange between you and Christi, in which Christi texts you "She wants to talk to me. She doesn't know what to do. Loves you but doesn't know always what to do. She's worried about it all."
MR. ROTTENBORN: And you write to her, "It was not pleasant today. I wasn't aware she had another goddamn photo shoot tomorrow. That's really why she fucking left. I don't need actress bullshit and her fucking ambition."
MR. ROTTENBORN: That's what you wrote to your sister about Amber on July 10th, 2013.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: I'd like to turn to --
MR. ROTTENBORN: You can take that down, Michelle.
MR. ROTTENBORN: I would like to tum to the Boston plane flight that we've talked about a little bit in the trial.
MR. ROTTENBORN: The night before the flight. Sorry if we've covered some of this, but just to orient the jury to the sequence of events. The night before the flight, Ms. Heard was in New York, and you were picked up in Boston by private jet. So the jet that you chartered picked Ms. Heard up, along with Savannah McMillan, and then flew to Boston and picked you up, along with some other people; is that right?
MR. ROTTENBORN: And then all of you flew back to Los Angeles?
MR. ROTTENBORN: And the night before that you were due to meet up to take this plane flight, you and Ms. Heard had a heated discussion on the phone about scenes that she was doing in a movie with James Franco, right?
MR. ROTTENBORN: Let's go to page 293 of your U.K.
MR. ROTTENBORN: Transcript, please.
MR. ROTTENBORN: Did I say 290 -- 293?
MR. ROTTENBORN: And on line 22, you were asked a question, "The night before you were due to meet up, did you have a heated discussion on the telephone with Ms. Heard about what was happening with James Franco, the scene she was doing with James Franco?" "ANSWER: I do not recall, but it is highly likely." Did I read that right?
MR. ROTTENBORN: Okay. Day 2.
MR. ROTTENBORN: Day 2, page 293, it's on page 32 of the document.
THE COURT: Line 22, I think, is the I issue.
MR. ROTTENBORN: Page 32, line 22.
MR. ROTTENBORN: Line 22 on page 32.
MR. ROTTENBORN: Too many numbers. Are you there?
MR. ROTTENBORN: "QUESTION: The night before you were due to meet up, did you have a heated discussion on the telephone with Ms. Heard about what was happening with James Franco, the scene she was doing with James Franco?
MR. ROTTENBORN: "ANSWER: I do not recall, but it is highly likely.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And you suspected that Amber was having an affair with James Franco, correct?
MR. ROTTENBORN: That was the reason for your argument?
MR. ROTTENBORN: And when you got on the plane, you I considered that she was also being judgmental towards you because she believed that you were inebriated and under the influence of drugs, correct?
MR. ROTTENBORN: And I'm talking about this particular plane flight.
MR. ROTTENBORN: You felt she was being judgmental towards you because she believed you were inebriated and under the influence of drugs when you got on this plane, correct?
MR. ROTTENBORN: And at some point on the flight, you end up sleeping on the bathroom floor, correct?
MR. ROTTENBORN: You testified to that yesterday, didn't you?
MR. ROTTENBORN: When you landed, you were quite ill when you landed in Los Angeles, correct?
MR. DEPP: I don't recall being quite ill. It's I possible. I don't know what you're referring to.
MR. ROTTENBORN: Yeah, sure. Let's take a look at page 313 of your U.K. transcript, please.
MR. ROTTENBORN: It's on page 37 of the document.
MS. MEYERS: May we approach, Your Honor?
THE COURT: You may approach for a I second.
MS. MEYERS: Your Honor, this is testimony concerning text messages between Mr. Deuters and Amber Heard, so whatever these questions are, I can't imagine that they're proper impeachment.
MR. ROTTENBORN: Your Honor, it's his testimony. I'm going to start on line 14, "Were you sick when you arrived back in LA or were you sick on the plane?" He says, "Clearly, Mr. Deuters is sending these texts to Ms. Heard." I must have been quite ill-- or "must been quite ill."
MS. MEYERS: He's referring to a text message.
MR. ROTTENBORN: You understand that.
MR. ROTTENBORN: He's testifying that he was quite ill. He's not testifying to the content of the text messages. It's his testimony. He's relying on something to base his belief that he's quite ill. He testified, under oath, "I must have been quite ill." This isn't improper use of hearsay document.
THE COURT: No, it's the impeachment part.
MR. ROTTENBORN: He testified that he was -- he testified yesterday that all he had was --
THE COURT: I understand that.
THE COURT: That was impeached by the text.
MR. ROTTENBORN: Well, I can refresh his recollection of (indiscernible) impeachment. He said I don't recall --
THE COURT: The first reference is fine, but I don't see this as impeachment.
MS. MEYERS: Your Honor, I'm sorry, just I don't-- the reference to the text messages is between Mr. Deuters and Ms. Heard.
THE COURT: You just have to read it. You don't read it, he reads it. That's how you refresh the memory.
MR. ROTTENBORN: That's fine.
THE COURT: Yeah, have him read it and say, does this refresh your recollection?
MS. MEYERS: Thank you, Your Honor.
THE COURT: Uh-huh.
MR. ROTTENBORN: Mr. Depp, do you have page 313 in front of you?
MR. ROTTENBORN: Can you, just read, you can read to yourself, the page 313, line 14, that starts with the word "were."
MR. ROTTENBORN: And then read that question and answer. l + l-------------- ------+
MR. ROTTENBORN: Does that refresh your recollection that you were quite ill when you landed in Los Angeles?
MR. ROTTENBORN: Sure. Okay.
MR. ROTTENBORN: We'll get to the plane ride in a few minutes.
MR. ROTTENBORN: Let's turn to Exhibit 236, please, defendant's exhibit.
THE COURT: It's on the screen.
MR. ROTTENBORN: These are text messages that you sent to Amber on May 25th, 2014, the day after that plane flight, correct?
MR. ROTTENBORN: Your Honor, move for I the admission of Exhibit 236 and ask for permission to publish with the identifiers redacted.
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. If you can just redact those identifiers. All right. 236 in evidence with redactions. You can publish.
MR. ROTTENBORN: Thank you.
THE COURT: Okay.
MR. ROTTENBORN: Blow up the top email, please.
MR. ROTTENBORN: And in this email to Amber, the day after this plane flight, you write her and you say, once again, I find my place -- sorry. Start over. "Once again, I find myself in a place of shame and regret. Of course I'm sorry. I really don't know why or what happened, but I will never do it again. I want to get better for you and for me. I must. My illness somehow crept up and grabbed me. I can't do it again. I can't live like that again. And I know you can't either. I must get better and I will, for us both, starting today. I love you. Again, I'm so sorry, so sorry. I love you and feel so bad for letting you down. Yours."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And let's pull up Exhibit 245, one more time, which has been admitted into evidence this morning, Your Honor.
THE COURT: Correct.
MR. ROTTENBORN: Mr. Depp, I know that we've seen this before this morning.
MR. ROTTENBORN: But your email that I just read to you to Ms. Heard, or your text, was from May 25th, 2014. Five days later, you text your good friend, Paul Bettany and you tell him that you had drank all night before you picked up Amber to fly to LA. You tell him that you had had no food for days, powders, which is cocaine, right? Powders is cocaine, right?
MR. ROTTENBORN: Half a bottle of whiskey, a thousand Red Bull and vodkas, pills, two bottles of champers on plane. Then you write "What do you get? An angry aggro engine in a fucking blackout, screaming obscenities and insulting any fuck who got near. I'm done. I'm admittedly too fucked in the head to spray my rage at the one I love."
MR. ROTTENBORN: "For little reason as well. I'm too old to be that guy, but pills are fine."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Now, the -- well, you can leave that up.
MR. ROTTENBORN: The two bottles of champagne on the plane, that was about, when you wrote two bottles of champagne on the plane, that was about the plane ride from Boston to LA, correct?
MR. ROTTENBORN: And at least parts of that plane p p flight, you were in a blackout, right?
MR. ROTTENBORN: There's no reason you tell Paul Bettany that you were in a blackout if it wasn't true, correct?
MR. DEPP: There are - again, when I write something, when I write a text, especially if I'm in a particularly impassioned place, it's a canvas, it's a painting.
MR. ROTTENBORN: All right.
MR. ROTTENBORN: I appreciate that. That wasn't my question, sir. My question was very simple.
MR. ROTTENBORN: Would you agree that, at least on parts of that plane flight, you were in a blackout?
MR. ROTTENBORN: Let's look at page --
MR. ROTTENBORN: Let's look at page 333 of your I transcript, please.
MR. ROTTENBORN: This is day 2. This is from the U.K. trial.
MS. MEYERS: Your Honor, may we approach, please?
THE COURT: Okay.
MS. MEYERS: Your Honor, I'm anticipating where they're going, and I just don't think this is proper impeachment testimony.
MR. ROTTENBORN: He just said he wasn't in a blackout.
THE COURT: He just said he wasn't in a blackout.
MS. MEYERS: He says apparently, yes.
THE COURT: But parts of the flight, I blacked out.
MR. ROTTENBORN: Is there any reason why you said this and it is not true? Probably not. Then he goes on about how he exaggerates. It's direct impeachment of the question.
THE COURT: It is going from?
THE COURT: 1813. All right.
MR. ROTTENBORN: Do you see that page, Mr. Depp?
MR. ROTTENBORN: You see on line 8, you were asked a question. "QUESTION: But parts of that flight are blacked out? "ANSWER: Apparently. But, yes, apparently, that is what I'm saying to Mr. Bettany. "QUESTION: Yes. Is there any reason why you would say that to Mr. Bettany if it were not true? "ANSWER: Probably not." Did I read that right?
MR. ROTTENBORN: And you would agree that on that flight, you were very drunk and that you had taken drugs either before or during the flight, correct?
MR. DEPP: I know that I-well, I knew that I was going to have a very ugly - I was going to end up in a very ugly situation with Amber, so I covered up -
MR. ROTTENBORN: Mr. Depp, with respect to -- I'm trying to respect the Court's time and jury's time. That wasn't my question. My question is --
MR. ROTTENBORN: You would agree that on that flight, you were very drunk and you had taken drugs either before or during or both?
MS. MEYERS: Objection. Compound.
THE COURT: All right. Sustained.
MR. ROTTENBORN: You would agree that you were very drunk on that flight, correct?
MR. ROTTENBORN: And you would agree that you had taken drugs either before or during that flight, correct?
MR. ROTTENBORN: But you don't agree that you were very drunk?
MR. DEPP: I don't recall drinking a whole - you don't need to drink a whole lot when you're on those things. You don't have time.
MR. ROTTENBORN: You just testified you weren't drunk on the flight, okay?
MR. ROTTENBORN: All right. Let's look at page 335 of your U.K. testimony.
MR. ROTTENBORN: Line 11, please.
MR. ROTTENBORN: You were asked a question.
MR. ROTTENBORN: I want to make sure it is quite clear what you are saying about the Boston plane incident. You were very drunk. You had taken drugs either before or during or both. Do you agree with that?
MR. ROTTENBORN: Getting through this, let's say yes. you have said I agree."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: My question was, simply, did I read that correctly, Mr. Depp?
MR. ROTTENBORN: Now, on --
MR. ROTTENBORN: Can we pull up Exhibit 243, please. Actually, you know what, let's go to Exhibit 221. Your Honor, this is a recording, and I'd be happy to read, we're going to play three excerpts from it.
THE COURT: Okay. There's no objection to the entire audio recording coming in; is that correct?
MS. MEYERS: May we approach? I would just like to know what it is, first.
THE COURT: Okay. Sure.
MS. MEYERS: I want to make sure.
MR. ROTTENBORN: It's the plane ride recording.
MS. MEYERS: I think we were maintaining an objection on authentication on that one.
THE COURT: The previous Motion in Limine on this one?
MS. MEYERS: I'm sorry?
THE COURT: Was that the Motion in Limine?
MS. MEYERS: That one was not.
THE COURT: Is this a different one?
MS. MEYERS: Yes.
THE COURT: Okay. All right. So, I authentication is the objection.
MR. ROTTENBORN: I mean, he's testified about it in the U.K. He will, at least if he testifies consistent with U.K., he will say it's from a different time. But I don't think he disputes, I'll have to check the transcript, but there wasn't a dispute it was his voice, right?
MS. MEYERS: I'm not disputing that that's his voice, but dispute as to whether it has been manipulated in any way and when it's actually from
MR. ROTTENBORN: That's the first I ever heard of that. They haven't made any motion that the tapes were manipulated. They can ask him about that if they think it was manipulated.
MS. MEYERS: We're maintaining an authentication objection right now.
MR. ROTTENBORN: She just admitted that he testified it's his voice on the video or audio.
THE COURT: So, I guess at redirect, you can -- I'm not sure what questions you're going to ask about that.
THE COURT: So, you are objecting to it coming in, period, because of authentication?
MS. MEYERS: Yes. While admitting that
MR. ROTTENBORN: It's his voice?
THE COURT: Well, I guess that goes to the weight of it, so you can do it on redirect.
MS. MEYERS: Okay.
THE COURT: We'll let that in.
MS. MEYERS: Thank you.
THE COURT: Okay.
MR. ROTTENBORN: Your Honor, we would offer the full Exhibit 221 into evidence with the following three excerpts to be played: The fast is the start of the audio through one minute, just the first full minute.
THE COURT: Okay.
MR. ROTTENBORN: And then 2:50 through 3:20, two minutes and 50 seconds through 3:20. And then 9:30 through 10 minutes.
THE COURT: So, 221, in its entirety, is in evidence, but you'll play those excerpts. Got it.
MR. ROTTENBORN: That's your voice making those moaning sounds, sounds like an animal in pain, right, Mr. Depp?
MR. ROTTENBORN: Let's go to 2:50, please.
MR. ROTTENBORN: And then let's go -- play 9:30, please.
MS. HEARD: Straight to (indiscernible).
MR. JUDGE: No. I'm going to stay with this fuckin' idiot in case he gets sick.
MR. ROTTENBORN: Mr. Depp, do you know who the male voice is who, around 9:41, says "No, I'm going to stay with this fucking idiot in case he gets sick"?
MR. ROTTENBORN: All right.s
MR. ROTTENBORN: That was Jerry Judge's voice?
MR. ROTTENBORN: So, you finished this flight, you send the text that we've seen to Amber, you send a text to Paul Bettany, and, at some point after this, you decide that you want to go to the detox. And you went to detox, you testified a little bit about it yesterday, in August of 2014, in the Bahamas, correct?
MR. ROTTENBORN: Not my question. My question is, you went to detox in August 2014, right?
MR. ROTTENBORN: And you were there on the island with --
MR. ROTTENBORN: You were there, on the island, with Amber and Debbie Lloyd and Dr. Kipper, correct?
MR. ROTTENBORN: You and Amber were on one side of the island, right?
MR. ROTTENBORN: And Amber was effectively dedicating herself to your well-being during this detox process, correct?
MR. ROTTENBORN: She was trying to help you get through I 7 it, right?
MR. ROTTENBORN: And as far as you know, she's never been in any sort of detox in her life, right? Certainly not when you were together, correct?
MR. ROTTENBORN: Okay. And we all heard your testimony yesterday. Detox, it sounds painful, it sounds tough, fair?
MR. ROTTENBORN: And you testified yesterday about her not giving you medications at a certain time. But you, sir, you have no personal knowledge of whether or when Amber had been in touch with Dr. Kipper or Debbie Lloyd about when to give you medicine, correct?
MR. ROTTENBORN: You have no personal knowledge of that?
MR. DEPP: Yes, I do. I remember Amber calling them on the radio when I was complaining that I needed the meds, when I was in agony and went to the shower. She called them up because she said that I was in a manic state or was in some mania. And they came up there.
MR. ROTTENBORN: Okay. And sometime after detox -- fair. And you heard -- you said that they came up there. But my point to you is, you have no personal knowledge of what Dr. Kipper or Debbie Lloyd communicated to Amber about whether and when I to give you medicines. You weren't part of those Is communications, correct?
MR. ROTTENBORN: Right, but you --
MR. DEPP: There were times - times that were written down. But, you know, the golden rule, essentially, is if the patient is in an uncomfortable or dangerous, potentially dangerous state, which would lead to seizures, medication be - should be distributed. That's what I remember, even though - if it was supposed to be delivered at 4:00 p.m. and it was 3:15 or 3:30, it's you know.
MR. ROTTENBORN: According to you, that's what you 117 recall the golden rule was, right?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: And sometime after that detox, you texted Amber and you said "Thank you so much for getting me fucking clean, baby," right? Do you remember that?
MR. ROTTENBORN: Okay. And you -- actually, let's pull 1: Is I up --you didn't just express your thanks to Amber, you expressed it to other people, as well, what Amber had done for you, correct?
MR. ROTTENBORN: Let's pull up Exhibit -- Plaintiffs Exhibit 120, page 41, please. This is plaintiffs exhibit, Your Honor.
THE COURT: Thank you.
MR. ROTTENBORN: This is a screen thing.
MR. ROTTENBORN: Screen thing that we have to rotate. And the only question I have for you are -- is the question on the top of the page.
MR. ROTTENBORN: Sent on August 19th, 2014, from you to Paige.
MR. ROTTENBORN: Your Honor, I move for the admission of just this page of this exhibit, with just that text, and the identifiers redacted.
THE COURT: Which page of this exhibit is it? is it?
MR. ROTTENBORN: I'm sorry?
THE COURT: Which page of the exhibit
MR. ROTTENBORN: Page 41.
THE COURT: Page 41.
MR. ROTTENBORN: Listed as Exhibit 120 _ 0041.
THE COURT: 120. Let's make it A, page 41, do it that way.
MR. ROTTENBORN: That sounds good, Your Honor.
THE COURT: Page 41. Do we want it redacted?
MS. MEYERS: So, just to be clear, if it's just the top text message and the identifiers are removed, we have no objection.
MR. ROTTENBORN: Yep.
THE COURT: So we redact it that way.
MS. MEYERS: And just that page.
MR. ROTTENBORN: Yeah.
THE COURT: Just that page, page 41. All right. So, 120A in evidence as redacted.
MR. ROTTENBORN: Permission to publish, Your Honor.
THE COURT: Yes. Yes, sir.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Mr. Depp, this is, in this text that you send to Paige Heard, Amber's mom, on August 19th, 2014, you say the following -- and I understand that you gave certain testimony yesterday about what you perceived Ms. Heard's role in your detox to be. But on this date, you sent this text to Ms. Heard -- to Paige Heard, and you say "I couldn't have made it without her ... I would have gone for a swim and swallowed a big drink of ocean without her, to be honest... It was a hell of my own doing that your little girl walked through with me step by step ... I know seen her in action ... Amazing!!!
MR. ROTTENBORN: You're already proud of her, but if you'd have exercise of monumental patience and instinct. I wouldn't be alive, sweetheart... There were more than a few times when I thought it would be more simple to take that route. It was Amber and Amber IS only that got me through this ... And it was not easy ... "Thank you for her, first!!! And thank you and that sweet fucker, David, for all of your words of support. I'm through the other side now, I think ...
MR. ROTTENBORN: "I hope!!! "All this boy's love ... "Your son out law."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: You can take that down. Thank you.
MR. ROTTENBORN: Now, you flew -- you got married to Amber early February, February 3rd, 2015?
MR. ROTTENBORN: Is that right?
MR. ROTTENBORN: All right. Do you remember the year today? 2015, right?
MR. ROTTENBORN: AQ That sounds about right. And a week after your wedding, you left Is for Australia to start the process of shooting the fifth Pirates of the Caribbean movie, right?
MR. ROTTENBORN: And Amber was filming in London at the time. She left directly from the wedding to fly to London to film London Fields with Billy Bob Thornton, right?
MR. ROTTENBORN: And the plan was she was going to fly out from London to Australia, directly, to join you for the filming of Pirates 5, right?
MR. ROTTENBORN: And she was going to stay in that house with you for the duration of the filming, correct?
MR. ROTTENBORN: Okay. And you testified on Tuesday, I guess, that when you went there, in February of 2015, you had been off of alcohol for 18 months. You testified to that.
MR. ROTTENBORN: Do you remember giving that testimony?
MR. ROTTENBORN: That's just nonsense, right? We've already looked at --
MR. ROTTENBORN: May 2014, you were drunk on that plane, and you've admitted to that. That's not 18 months before. So that testimony you gave, when you said you've been sober for 18 months before you arrive in February of 2015 --
MR. ROTTENBORN: MS. :MEYERS: Objection, Your Honor.
MR. ROTTENBORN: Was not true, correct?
THE COURT: What's the objection? MS. :MEYERS: May we approach?
MR. ROTTENBORN: Your Honor --
THE COURT: What's the objection MS. Meyers He's testifying Your Honor That's a compound question. Just do, maybe, one question. Let's do that.
MR. ROTTENBORN: Mr. Depp, you had not been sober off of alcohol for 18 months before you went to Australia in February 2015, correct?
MR. ROTTENBORN: It was actually a lot less than that. Because, at a minimum, you were drunk on that plane flight from Boston to Los Angeles in May of 2014?
MR. DEPP: That's incorrect, sir. I said that I had had a glass of champagne and I had taken a double dose of the narcotics, of the opiates.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Okay. And a very different thing from what you texted Paul Bettany, correct?
MR. ROTTENBORN: Okay. So, the Boston flight was in May of 2014. You go to Australia in February of 2015. Having testified that you were off alcohol for months. Now, when you went to Australia, in February of 2015, you also lied to the cast insurance company that was insuring you for Pirates 5, didn't you?
MR. ROTTENBORN: No. Well, that's your account of it, 1; sir. Before you went to Australia, you -- 11 11
MR. ROTTENBORN: Let's do it this way: Let's pull up Exhibit 500, please.
MR. ROTTENBORN: 500. Defendant's Exhibit 500.
MR. ROTTENBORN: Mr. Depp, you see this is a, it's called a cast insurance medical certificate, correct?
MR. ROTTENBORN: Okay. And it's dated, this is in, I believe it's in the -- not the way we do dates in the U.S., because you can see on the lower left column, examinee start date of filming, 16/2/2015, so that means February 16th, 2015, correct?
MS. MEYERS: Your Honor --
MR. ROTTENBORN: And the date of the --
MS. MEYERS: Before we go any further, we'd ask to be able to see this entire document. : 1 O
MR. ROTTENBORN: I'm just asking about the top. There's specific parts I'm going to ask him about, but if they want to scroll through it, that's fine.
MS. MEYERS: It's unclear whether Mr. Depp has ever even seen this. We'd appreciate I the courtesy of being able to see the entire I I document.
MR. ROTTENBORN: That's fine, Your Honor.
THE COURT: All right.
MR. ROTTENBORN: I'm going to direct him to certain parts of it. That's fine. I'm just trying to move things along here.
THE COURT: I understand.
MR. ROTTENBORN: I'm sorry.
THE COURT: I have a hard copy, if you'd like to look at that.
MR. ROTTENBORN: They would like to see page 3.
MS. MEYERS: If we may approach, Your Honor, that would be -- it's okay.
THE COURT: I'm confused.
MS. MEYERS: They just scrolled to the last page, so we can just view it here. Thank you.
MS. MEYERS: Thank you, sorry. I appreciate that.
THE COURT: Go ahead, Mr. Rottenborn.
THE COURT: Do you have a question?
MR. ROTTENBORN: Yes, I do.
MR. ROTTENBORN: Mr. Depp, this is your signature on the page of the document being displayed here, correct?
MR. ROTTENBORN: And it's dated February 11th, 2015?
MR. ROTTENBORN: Your Honor, with the understanding that the exhibit for the Court, we'll have to redact signatures, I'd move for admission of this document, and permission to publish.
THE COURT: Any objection?
MS. MEYERS: Your Honor, this might have some medical information, so, at this time, we'd like an opportunity to ensure. This is an insurance form with medical information. I just want to make sure we're not publishing anything that shouldn't be.
MR. ROTTENBORN: Your Honor has made clear anything that comes in as evidence in this case will be published to the jury, whether confidential on not.
MR. ROTTENBORN: MS. :MEYERS: It's medical information that Your Honor has already ruled is not admissible.
THE COURT: Approach. Please come here.
THE COURT: We already have gotten medical records in from both side. I said I wouldn't put them on web, but they're evidence in Is the case. Medical records in this case are already in evidence.
THE COURT: MS. :MEYERS: I understood Your Honor to ls have granted, at least, a portion of our Motion in Limine to exclude irrelevant medical information. We just want to make sure -- I
MR. ROTTENBORN: If you're worried about VD, then take a look at page 2. I'm happy if they want to take a look, really quick, at that page. I'm only going to ask about -- not asking about anything that's the subject of Motion in Limine. I'm not -- if they want to look through it.
THE COURT: To redact it?
MR. ROTTENBORN: I'm not going to ask about anything relating to that, and I'm not -- I won't do it for anything other than what I'm asking about, which is the drug use things.
THE COURT: I guess, I agree redactions before it comes into evidence, that's fine.
MR. ROTTENBORN: I'm trying to keep the flow from being broken up.
THE COURT: I understand.
THE COURT: Yeah, I'm getting a little Is frustrated, too, with having to look at things, J 9 for the jury's time. I'm getting very frustrated.
MR. ROTTENBORN: I agree.
THE COURT: Can you just pick the one part you want to have published? Can you ask him ! 13 about it and we get it into evidence later? e 114
MR. ROTTENBORN: I'd like the jury to see it. I'd like the jury to see the part where his signature and where he said he hadn't used drugs in the last 12 months.
THE COURT: Can we just open that?
MR. ROTTENBORN: Sure.
THE COURT: Let's do it that way, just to make it quicker.
MS. MEYERS: Okay.
MR. ROTTENBORN: That's fine. Thank you.
MR. ROTTENBORN: And then, can you scroll down, Michelle. Scroll down again.
MR. ROTTENBORN: Your Honor, these redactions were on here before we got the document, so no issue there. And then we would propose to just redact O the -- if you go up one page. I don't -- that's the proposed redaction.
THE COURT: All right.
MR. ROTTENBORN: And if you want us to redact the first two, the first three lines, M, N, and 2, that's fine, too.
MR. ROTTENBORN: Why don't you go ahead and redact those, Michelle.
MS. MEYERS: That's fine, with those redactions.
MR. ROTTENBORN: I'm just trying to move this along as quickly as we can, Your Honor.
THE COURT: The court: All right. 500 is in evidence with the redactions.
THE COURT: When you have agreed redactions, okay?
MS. MEYERS: Yes.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: So we looked at your signature, Mr. Depp.
MR. ROTTENBORN: Scroll down, please, Michelle. Two more pages.
MR. ROTTENBORN: There's your signature. And this is a, it's an insurance form for your -- that the studio, Disney took out for your -- for you filming Pirates 5, correct?
MR. ROTTENBORN: And you see the role here, it's listed as Captain Jack Sparrow, Johnny Depp. Coverage status, full coverage. Effective date, February 11th, 2015, right?
MR. ROTTENBORN: And you're aware it's not uncommon for studios to want to insure actors that were playing in a movie in case something happens, right?
MR. ROTTENBORN: If you could scroll up, please.
MR. ROTTENBORN: In order to do that, you have to provide certain information to see if you're insurable, correct?
MR. ROTTENBORN: And in this document, which you signed dated I believe, February 11th, you were asked the question "are you currently using or in the last 12 months, have you used any of the following."
MR. ROTTENBORN: Michelle, let's unredact --
MR. ROTTENBORN: Well, section B is illegal substances, whether prescribed by a physician or not. And you checked the box to the right.
MR. ROTTENBORN: Michelle, can you -- is there a way to unredact that, the headers in that column, so we can see which one is yes and which one is no? Thank you.
MR. ROTTENBORN: So, Mr. Depp, when you were asked the question, in this cast insurance form, are you currently using or in the last 12 months, have you used any of the following, you say, yes, that you've used some prescription drugs. And in the question that says illegal substances, whether prescribed by a physician or not, you check no, correct?
MR. ROTTENBORN: At around this time, when you were --
MR. ROTTENBORN: You can take that ! IO down. Thank you.
MR. ROTTENBORN: At around this time, when you flew to Australia in February of 2015, you were -- you
MR. ROTTENBORN: Were starting to feel depressed about your role in Pirates and your acting legacy, generally, correct? Let's do it this way.
MR. ROTTENBORN: Let's put up Exhibit 350, please.
THE COURT: Why don't we go ahead and ! take our lunch break at this time.
MR. ROTTENBORN: Sure.
THE COURT: Ladies and gentlemen, let's go ahead and take our lunch break. Let's go to 2: 10. Don't talk to anybody. Don't discuss the case. And don't do any outside research, and we'll see you back at 2: 10, okay?
THE COURT: All right. So take a recess until 2: 10. Thank you.
MR. ROTTENBORN: 2:10.
COURT BAILIFF: All rise.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. Are we ready for the jury?
MR. CHEW: Good afternoon, Your Honor, we actually do have a very brief preliminary matter, if we could approach.
THE COURT: Sure.
MS. VASQUEZ: Unredacted.
MS. VASQUEZ: So we understand that Ms. Beard's side is working with a public relations firm. And --
THE COURT: Is it on social media?
MS. VASQUEZ: No, it looks like a scanned in copy, Your Honor.
MS. VASQUEZ: It looks like it's scanned in from a binder. It's clearly, you know -- but the problem here is, it was an exhibit that was used by Mr. Rottenborn on cross, and it has our client's phone number, and has, obviously, their client's email, if she still uses that. The concern here is, we understand that, perhaps, Ms. Heard's side is working with a public relations company to, once exhibits are admitted by Your Honor, to push them out to the media. I problem here is, is this an inadvertent disclosure before Your Honor admitted this exhibit? It looks like it might be. It was sent to me just this afternoon, while we were on lunch, by a fan, or somebody, saying, Hi from the U.K., not sure if this is supposed to be a contained telephone number.
THE COURT: It wasn't our court files because we haven't --
MS. VASQUEZ: No, but I don't know where he obtained it, but it's clearly an exhibit that's never been utilized until during
MR. ROTTENBORN: I don't know. I don't know.
MR. ROTTENBORN: That?
THE COURT: Who's been involved in
MS. BREDEHOFT: I don't think anyone from our team is involved. I don't know the answer to this question.
THE COURT: The question is, what they're saying is, I guess, you've got some kind of public PR team that gets the evidence out.
MS. BREDEHOFT: Yeah. We're not actively working with them.
THE COURT: But they have all of your exhibits?s
MS. BREDEHOFT: I don't believe so.
MS. VASQUEZ: We understand they do.
THE COURT: Yeah, you need to look into it and find -- and see what's going on because there's a lot of redactions going on. I mean, I don't even have that exhibit yet because it's owed to me for redactions.
MS. BREDEHOFT: I don't know what it ' I is.
MS. VASQUEZ: It is the one he was just I showing Mr. Depp.
MS. BREDEHOFT: We will look into this, Your Honor. We're not aware of anything.
THE COURT: Yeah, okay.
MS. VASQUEZ: It was used in
MS. BREDEHOFT: (Indiscernible)
THE COURT: I know, but I'm not sure where it's coming from I think that the main thing is that I don't know what this PR firm is doing. I don't think any evidence should be going out except -- that's why we did it on the official O court site, so they shouldn't be giving out evidence. So many things are redacted.
THE COURT: So if that's --
MS. BREDEHOFT: Totally understand that.
THE COURT: That train has to stop if it's rolling. I'm not sure if it is.
MS. BREDEHOFT: Totally understand and we agree.
MS. BREDEHOFT: I have another. Mr. Rottenborn has agreed -- he intends to bring in 5 81 and 5 82 this afternoon.
THE COURT: I don't know what that is.
MS. BREDEHOFT: Their audiotapes. The parties have agreed that all the audiotapes can come in, in full. These are the two --
MS. MEYERS: Can we clarify that? To the extent that it's just Mr. Depp and Ms. Heard are on the audiotape.
MS. BREDEHOFT: I didn't understand that that was the -- O
MS. BREDEHOFT: But in any event, Your Honor, this is 581 and 582. These are between Mr. Depp and Ms. Heard. But we wanted to disclose, these are the two that are just partials. We could never find the full. We said that we were still looking at the time of Motion in Limine. Your Honor denied the motion to try to exclude them We went back-- when we inherited this case two years ago, we inherited 1.3 million documents, database. We had that completely searched, had IT people completely search it. We have not been able to find anything but partials on both. But those are partials and we claim partials here, but we don't have the full report. We've done everything we can to try to find it.
MS. MEYERS: I think we need to start is with (indiscernible) --
THE COURT: But you can also redirect on it, also, that's fine. That's fine. But those recordings are just the two of them?
MS. BREDEHOFT: Correct. That's correct.
THE COURT: There's no other people? Now we are all on the same page that ones with other people aren't coming in?
MS. MEYERS: We have not made an ! 16 agreement.
MS. BREDEHOFT: We haven't done anything.
THE COURT: Well, the issue is out there, right, that we're going to get resolved, right?
MR. ROTTENBORN: So, I didn't hear all I of that. Can I use them?
THE COURT: You can use them. And your objection is noted.
MS. MEYERS: Thank you.
THE COURT: All right. Let's go ahead and get the jury.
THE COURT: Allright. Thank you. Have you a seat. All right. Your next question, Mr. Rottenborn.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: Good afternoon.
MR. ROTTENBORN: Michelle, can you, I please, pull up Exhibit 175, please, defendant's I exhibit.
MR. ROTTENBORN: Mr. Depp, is this an email exchange you had with Bruce Witkin on June 6th, June 7th, 2013?
MR. ROTTENBORN: And if you scroll down to the bottom, I'm not going to read it aloud, but that email address is your email address; is that right?
MR. ROTTENBORN: Okay. Thank you.
MR. ROTTENBORN: So this email is an email that you sent to Mr. Witkin on June 6th, 2013, at 7:05 a.m., the one that starts with I Seriously, bwoosie ...
MR. ROTTENBORN: Is that right?
MR. ROTTENBORN: And Bruce Witkin was a longtime friend of yours, right?
MR. ROTTENBORN: You met him in Florida many years ago, right?
MR. ROTTENBORN: And then he lived in Los Angeles, and you all were very close friends until a few years ago, correct?
MR. ROTTENBORN: Your Honor, permission to publish -- or move for admission of this and permission to publish with the email addresses redacted. And if they want me to redact Mr. Witkin's responses, that's fine.
MS. MEYERS: We have no objection to that, Your Honor, and I don't think we need to have Mr. Witkin's response redacted.
THE COURT: So you just want to have O the identifiers redacted, and that's all?
MS. MEYERS: That's correct, Your Honor.
THE COURT: Okay. If we can do that.
MR. ROTTENBORN: All right. So I know this is a few years before Australia, in 2015, which we stopped with right before lunch.
MR. ROTTENBORN: But I want to just --
MR. ROTTENBORN: If you can scroll down, Michelle, please, to the paragraph that starts "brain is on full tilt. Maybe just blow up the first couple sentences there. Okay. Yeah, perfect.
MR. ROTTENBORN: So, in this email to Mr. Witkin, in June of 2013, you write to him "Brain is on full tilt. The circus never stops. Feel physically fucked constantly. I'm wired up so tight that I'm is barely able to deal with people on any level that is remotely enjoyable."
MR. ROTTENBORN: Do you see that? Did I read that is right?
MR. ROTTENBORN: Michelle, can you pull up 350, Defendant's Exhibit 350.
MR. ROTTENBORN: This is a text exchange that you had with Stephen Deuters, your personal assistant, on March 6th, 2015. So we fast-forwarded a couple , 15 years.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Yes, sir, 1628. Third one down. And this is a text that you sent to Mr. Deuters on March 6th, 2015?
MR. ROTTENBORN: Sure.
MR. ROTTENBORN: And by this point, you had been in Australia since about the week after your wedding, right? So for three weeks or so; is that about right?
MR. ROTTENBORN: Okay. And Amber didn't arrive until around this time, correct, beginning of March? ,10
MR. ROTTENBORN: 6th or 7th of March, right? Okay. So 113 you had been outside of her presence for the last three or four weeks prior to this, right? Its
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, I would move for admission of Defendant's Exhibit 350, with identifiers redacted.
MS. MEYERS: Your Honor, we would ask that the top email to Mr. Holmes and the last email from Mr. Deuters be redacted.
THE COURT: So, just the two in the middle?
MS. MEYERS: Yes.
MR. ROTTENBORN: And, obviously, Your Honor, if we're going to do that, then we can just redact the -- actually, we can redact the second one too, and just do the third.
MS. MEYERS: Your Honor, we believe that's necessary for context.
THE COURT: For context. Just get rid of the first one and last one and the identifiers. So it should be the two middle texts.
MR. ROTTENBORN: Thank you.
THE COURT: 350 in evidence as redacted, okay.
THE COURT: Go ahead.
MR. ROTTENBORN: Thank you, Your Honor. Michelle, if you could blow up the email starting with "Honestly."
MR. ROTTENBORN: So this is an email, you've been in preproduction shooting in Pirates 5 for the last couple weeks, correct, by March 6th, 2015?
MR. ROTTENBORN: By March 6th, 2015, you had been in preproduction and shooting for Pirates 5 for a couple weeks in Australia, right?
MR. ROTTENBORN: So your email to him, to Mr. Deuters, your personal assistant, reads "Honestly...
MR. ROTTENBORN: "I will not again be doing anything that involves the discussion of furthering my embarrassment of having whored for all these fucking wasted piece of shit nothing years on characters that I so ignorantly started to think of as my legacy... Every cunting fight!!! every fucking time!!! I held my ugliness and rage deeper down and get in check, when there was still room in my head to do such a thing!!!!!!!!!!!!!!"
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And that's what you're writing to Mr. Deuters, having been on the set of Pirates 5 for a couple of weeks, correct?
MR. DEPP: That's correct. The screenplay that I received was not up to snuff, I felt, and so that was part of this, was - my anger was that the screenplay was very lazily written, and I had to do a lot of rewriting.
MR. ROTTENBORN: And with you in Australia -- I think we covered this, was Debbie Lloyd. You testified to that before lunch, right? Debbie Lloyd was your is sobriety nurse, she's supposed to help you stay sober, correct?
MR. ROTTENBORN: Right. The fact is --
MR. ROTTENBORN: Okay. The fact is, Mr. Depp, you had been using a fair amount of drugs during those three or four-week period before Ms. Heard arrived in Australia, hadn't you?
MR. ROTTENBORN: And not just that, other drugs, too, , correct?
MR. ROTTENBORN: Let's take a look at Exhibit 346, please.
MR. ROTTENBORN: This is a text message exchange between you and Nathan Holmes on February 25th, 2015, correct?
MR. ROTTENBORN: Mr. Holmes was another one of your personal assistants, wasn't he?
MR. ROTTENBORN: He and Stephen Deuters were kind of the two main personal assistants during this period of time, right?
MR. ROTTENBORN: And at the top of the page, second one down, do you see where Mr. Holmes tells you --
MS. MEYERS: Objection. Hearsay. j rs
MR. ROTTENBORN: He just testified he was only using marijuana. This is clearly impeachment to that, Your Honor.
MS. MEYERS: This is Mr. Holmes.
MR. ROTTENBORN: We're going to go text by text. Before I ask for permission to publish and motion for admission, we'll go through it.
THE COURT: I'll sustain as to Mr. Holmes.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Mr. Depp, why don't you take a moment to read this text from the top down, please?
MR. ROTTENBORN: So, Mr. Depp, does this refresh your recollection that, in fact, you weren't doing just marijuana in late February 2015, in fact, you were doing cocaine, that Nathan Holmes was supplying to you?
MR. ROTTENBORN: Does this refresh your recollection, Mr. Depp, that you were given cocaine by Nathan Holmes in late February 2015?
MR. DEPP: Even if I were given cocaine by Nathan Holmes, there's no - there's nothing here that says I was doing the cocaine.
MR. ROTTENBORN: And Nathan Holmes was upset, or you understood that Nathan Holmes thought that you might be upset with him for taking some of your cocaine; isn't that right?
MS. MEYERS: Objection, Your Honor. Hearsay and speculation.
MR. ROTTENBORN: I said what he thought.
THE COURT: I'll sustain as to speculation.
MR. ROTTENBORN: And, in fact, Mr. Depp, you also were going to see Marilyn Manson in Australia around this time, correct?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, I would move for admission of this document with the following text messages. We can redact whatever else they want, although I think-- well, the ones that the witness's own words that I'd like to show are 80039, 80041, 80086. Those are all words from Mr. Depp. I have a highlighted copy, if you'd like me to approach.
MS. MEYERS: We have no objection as long as everything else is redacted.
THE COURT: If you just want to look at his highlighted copy and make sure.
THE COURT: That wasn't you. It's okay.
MS. MEYERS: I saw it.
THE COURT: So, no objection to the redactions?
MS. MEYERS: No objection to those with the redactions.
THE COURT: Okay. Get those ! redactions. All right. 346 in evidence with the redactions. You can publish it.
MR. ROTTENBORN: So you can see these texts were sent on February 26th and February 27th, 2015.
MR. ROTTENBORN: And if you scroll over, Michelle, and if you just blow up the text portion of it.
MR. ROTTENBORN: You text Mr. Holmes, your personal 121 assistant, "Have you heard from Manson's Ryan?" Now, Ryan was Marilyn Manson's personal assistant or he worked for him, that's what you understood, correct?
MR. ROTTENBORN: Okay. And then you say "Yes and yes and of course. Yes, please. And you will pay Ryan for it!!??" And then you write "Disappear, we should have more happy pills!!!?? Can you!!!" Did I read that correctly?
MR. ROTTENBORN: Can you take that down, and, please, pull up Exhibit 349.
MR. ROTTENBORN: And, Mr. Depp, this text exchange that I'm going to ask you about is from just two days later, after February 26th, on February 28th, it's the last two on the page. February 28th, 2015, there's a text from you to Mr. Deuters.
MS. MEYERS: I would object to this as hearsay, with respect to the text from Mr. Deuters.
MR. ROTTENBORN: That's fine.
THE COURT: Okay.
MR. ROTTENBORN: So just the second-to-last one is all we would seek to admit.
THE COURT: Okay. If we could do the redactions for just that.
MR. ROTTENBORN: Yes, Your Honor. We're happy to redact Mr. Deuters' response.
THE COURT: Okay. All right. So, 349 in evidence with redactions. Okay.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: So in this text message, Mr. Depp, sent on February 28th, 2015, you send Mr. Deuters an email. And if you'll remember, what we had just looked at was you reaching out to Mr. Holmes asking if he had heard from Manson's assistant Ryan, and then saying, yes and yes, of course, please pay Ryan for it, and then asking for more happy pills. In this text message, you say, "Yay. Hello, Master D. I say I do believe that Ryan (Manson's) gave you a wee baggage for me. Where does it reside. X."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And where it says "Munson's," that's a typo, and should have been said Manson's, correct?
MR. ROTTENBORN: You can take that down. Thank you.
MR. ROTTENBORN: So, we've gone from February 26th to February 28th. I would now like to fast-forward to March 2nd of that year, please.
MR. ROTTENBORN: Can you, please, pull up Exhibit 353.
MR. ROTTENBORN: Your Honor -- well, let's do it this way.
MR. ROTTENBORN: Mr. Depp, these are text messages back and forth from you to your other personal assistant, Nathan Holmes, in March of 2015, correct?
MR. ROTTENBORN: Your Honor, I know that the whole thing is going to draw an objection, but I would like to move to admit Mr. Depp's texts, which I have, here, highlighted, p ! and I think we can redact pretty quickly through this document. And I'm happy to have them highlight it, if you'd like me to approach.
THE COURT: Well, if you could just ! show it to counsel, the highlighted portions.
THE COURT: Is this a one-page document?
MR. ROTTENBORN: It's actually three.
THE COURT: Three-page document.
MR. ROTTENBORN: We may not do all of them now, but I think it's just easier.
MS. MEYERS: We have no objection with I I just admitting Mr. Depp's messages.
THE COURT: So 353 with the redactions.
MR. ROTTENBORN: Yes. And I think we 1115 can -- if you'll just indulge us for a minute, I think we can get all that done. Thank you.
THE COURT: Okay. So, 353 in evidence 1118 with redactions. Wait a minute. Is that correct?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Okay.
MR. ROTTENBORN: Assuming that Ms. Meyers agrees with our redactions here.
THE COURT: Make sure.
MS. MEYERS: Can we just see the other pages for the redactions. Okay. Yes. I saw it, thank you.
THE COURT: 353 in evidence with the redaction. Publish to the jury.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: Can you, please, go to the first page of that document.
MR. ROTTENBORN: So, February 26th, February 28th, now we're up to March 2nd. And on March 2nd, a few days before Ms. Heard arrives in Australia, you text Nathan Holmes, and this can take a little bit just to kind of get through this. So, I appreciate the Court and the jury's patience here. But you text him on number 73 and you say "No you're not. Why?? That is not a part of the job description and ... I'm telling you now ... Any ONE of ANY of you guys start to lecture me ... I just do not want to hear it. No stupid bullshit about sappy bollocks.
MR. ROTTENBORN: I'm a grown fucking man and I will NOT BE JUDGED. Did I read that right?
MR. ROTTENBORN: Keep going, please.
MR. ROTTENBORN: ''.AND I WILL NEVER, EVER LIVE IN IBIS WORLD CAGE ANY LONGER. I'll do whatever I damn well please, okay."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And if we go on to the next page, please.
MR. ROTTENBORN: You continue and say ''I don't want to depend on others for things like that. I'm not unhappy, I am insane. Big difference."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: 'No system." Then you say ''I don't want to risk it for you, or anyone so, I can get what I need. Also ... May I be ecstatic again??? Helps ... Color me deceased."
MR. ROTTENBORN: By "ecstatic," you're referring to taking ecstasy, correct?
MR. DEPP: Very likely. Before Ms. Heard arrived, she had asked me to score either MDMA or ecstasy tablets before her arrival.
MR. ROTTENBORN: So, once again, Ms. Heard is at fault for these texts.
MR. ROTTENBORN: Okay. Well, Jet's talk about those facts.
MR. ROTTENBORN: So, Ms. Heard arrives in March, in 112015.
MR. ROTTENBORN: You can go ahead -- actually, you know what, let's go down one, Michelle, because we're going to fast-forward a few days, and we're going to come back to this. Actually, just one day.
MR. ROTTENBORN: This is when you text Mr. -- I don't remember if it was Holmes or Deuters at this point. Mr. Holmes, correct? And you text him and you say --
MR. ROTTENBORN: Yeah, so we fast-forwarded another couple of days, I guess, five days, and you say "Need more whitey stuff ASAP, brother man. And E business, please. I'm in bad, bad shape. Say nothing to nobody." s Did I read that right?
MR. ROTTENBORN: Okay. And I wanted to take a look at s that, Mr. Depp, because you just testified that ! Ms. Heard was the one who wanted ecstasy, but, in fact, when you sent this text, on March 7th, 2015, I this was right after you cut your finger off?
MR. ROTTENBORN: And right after you told the doctor that you cut your finger off, you were asking for cocaine and ecstasy, that's entirely possible, correct?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Let's take a look.
MR. ROTTENBORN: Okay. Now, Mr. Depp, you remember I testifying -- well, let's put it this way: Sometimes these texts, the dates of the text messages, you would agree that they're -- obviously, Australia's 12 hours different from this part of the world, correct, or something like that?
MR. ROTTENBORN: So the texts, the date stamps and timestamps that are reflected on these texts may be reflecting a different time than when they were actually sent?
MS. MEYERS: Objection. Foundation. Calls for speculation.
MR. ROTTENBORN: You agree with that, right?
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Well, then, let's do this: So is it your testimony that right after you cut your finger off, that you -- or right after -- I won't give you anything to argue with me yet.
MR. ROTTENBORN: Right after you sustained an injury to your finger --
MR. ROTTENBORN: That you -- right after you sustained an injury to your finger, is it your testimony that you did not ask for cocaine and ecstasy, right after you told the doctor about your finger injury? Is that your testimony?
MR. DEPP: Regardless of what date you believe works within the world time zone, I don't believe that someone who has gone through opiate dependency, who has lost the ability to produce dopamine and serotonin in their own body, because that's what the opiate does, your body no longer needs to make the dopamine or the serotonin, the dopamine and serotonin, as you know, I imagine, are things that keep us in - it gives us our moods.
MR. ROTTENBORN: I appreciate that, but my question wasn't that. My question was --
MR. ROTTENBORN: After you talked to your doctor about your finger injury, it's entirely possible that you were asking for cocaine and ecstasy, yes or no?
MS. MEYERS: Objection. Calls for speculation.
THE COURT: I'll allow that question.
THE COURT: You can answer it.
MR. DEPP: Clearly the white - whitey stuff, yes, it's a reference to cocaine, but that doesn't - there's nothing here that says that I ingested the IO drug.
MR. ROTTENBORN: Not saying there is, but you were asking for more cocaine and you were asking for more ecstasy, correct?
MR. DEPP: I wasn't asking for more ecstasy, I was asking for ecstasy because that was what I was requested by Ms. Heard.
MR. ROTTENBORN: Let's take a look at the U.K transcript, day 3.
MR. ROTTENBORN: Permission to approach with that, Your Honor.
THE COURT: Okay.
MR. ROTTENBORN: Mr. Depp, I'm going to ask you to turn to page 463 and 464, please.
MR. ROTTENBORN: I'm sorry. I'm going to ask you to turn to page 463 and 464 of this, please.
MR. ROTTENBORN: Are you there?
THE COURT: Thank you, sir.
MR. ROTTENBORN: On page 463, line 20, you were asked a question, "Mr. Depp, what I am asking you about, and think your barrister, - Sherborne, agrees, the times we have to factor in, it may be we can put in an agreed local Australian time, but what is important, do you see, is the order that your finger. You have cut your finger off and straight away, after telling your doctor that you cut your finger off, you are asking for cocaine and ecstasy." "ANSWER: Yes, that's is what it. "QUESTION: That is what it looks like. "ANSWER: Appears to be. And it is entirely possible that I was, in the state that I was in."
MR. ROTTENBORN: I Did I read that right?
MR. ROTTENBORN: So, we talked about the cocaine and the ecstasy. Let's talk about the argument, altercation that you and Ms. Heard had in Australia. You testified that you were sitting on a barstool, right, in Australia?
MR. ROTTENBORN: Yeah. We've heard your account of the argument, and the jury will hear Ms. Heard's account of the argument. What I want to ask you is specific questions about you. You're sitting on a barstool, you've had three or four, I think you said three shots of vodka?
MR. ROTTENBORN: You're resting with your hands kind of hanging over the edge, like that (indicating), right?
MR. DEPP: Well, after the first bottle went past my head and shattered, as I said, I walked around the bar, grabbed a larger, a larger bottle of vodka, the only other one there, the larger bottle, brought it back and poured another shot and did it.
MR. ROTTENBORN: And, right. And that was like a, what we call a handle of vodka; is that right?
MR. ROTTENBORN: And it was full at the time, other than the shot that you poured?
MR. ROTTENBORN: Okay. And at some point, before you claim you sustained an injury to your finger, I believe you demonstrated to the jury yesterday that you were resting with your three fingers, your middle three fingers kind of hanging over the edge.
MR. ROTTENBORN: Is that fair? Is that right?
MR. ROTTENBORN: Right. I'm just asking where your fingers were, sir, at that point. Your fingers were -- your palm was facing down and your three middle fingers were hanging over the edge of the bar, correct?
MR. ROTTENBORN: And Amber was seven to ten feet away, correct?
MR. ROTTENBORN: Okay. And your testimony, and we've heard it yesterday, but your testimony is that somehow she wound up with this handle of vodka and threw it and it damaged part of your middle finger.
MR. ROTTENBORN: But what we didn't talk about, what I want to ask you about, it didn't -- if it happened the way you said, it didn't damage any other part of your hand, correct? No other part of your fingers, none of the other middle fingers that were hanging over the edge of the bar were injured, correct?
MS. MEYERS: Objection. Compound.
MR. ROTTENBORN: We can take it piece by piece.
THE COURT: Sustained.
MR. ROTTENBORN: None of the three fingers hanging over the edge of the bar were -- sustained any injury, other than your middle finger, correct? ' IS
MR. ROTTENBORN: There's no record of any glass being found in that middle finger, correct?
MS. MEYERS: Objection. Calls for speculation.
THE COURT: I'll allow it, if he can I answer it.
MR. DEPP: I'm not a doctor, and I'm not sure what was found in the middle finger. What I do know is that when I went to the emergency room, they had to inject me with a block to be able to put it into a bucket and take a wire brush to scrub it all clean because I had all the makeup still left from Pirates on there.
MR. ROTTENBORN: Makeup from Pirates. Okay. We'll get to that in a second.
MR. ROTTENBORN: Neither -- none of the other fingers on Is your hand sustained any injury, that you're aware of, correct?
MR. ROTTENBORN: And, in fact, it wasn't just makeup from Pirates that was on your hand, it was paint that you had dipped your middle finger into to write, along with blood, to write on mirrors and lamps and assorted furniture in the house, correct?
MS. MEYERS: Objection. Compound.
THE COURT: All right. I'll sustain as I to compound.
MR. ROTTENBORN: It wasn't just makeup. You testified yesterday it was makeup from the set of Pirates 5. But, in fact, after you sustained an injury to your finger, you dipped it in paint in the house Compound. Objection.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: You dipped your finger in paint and wrote all over the house, correct?
MR. ROTTENBORN: MS. :MEYERS: Objection. Compound.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: You dipped your finger in paint after suffering an injury?
MR. ROTTENBORN: And then you used that finger to write on objects in the house, yes or no?
MR. DEPP: Yes. That was after I'd - after writing on the walls, the blood had kind of dried, as it were, and, so, I stuck my finger into a can of paint and, also, mineral spirits, to put my verbal messages on to the wall.
MR. ROTTENBORN: And you used your finger as a paintbrush, right?
MR. ROTTENBORN: And can we put up Exhibit 369, please.
MR. ROTTENBORN: MS. :MEYERS: Is this defendant's?
MR. ROTTENBORN: You know, it might be plaintiffs.
MR. ROTTENBORN: Now, Mr. Depp, we're going to take a look at some pictures shortly. But you'd agree with me that there was quite a bit of damage to the house in Australia after this incident, correct?
MR. ROTTENBORN: And you don't remember the television breaking, do you?
MR. DEPP: I remember there was - I believe there was a coffee cup stuck into the screen, or a plate, or something like that.
MR. ROTTENBORN: And you don't remember the window breaking, do you?
MR. ROTTENBORN: But you do remember that there was quite a lot of blood everywhere, including on the floors and sofas?
MR. DEPP: Well, I noticed - that's how I noticed that I was leaking. There was heat in my finger, and it was - I felt this warmth and this liquid, and then I noticed that the tip of my finger was gone. And at that point, I think I went into some sort of shock or whatever is closest to a kind of nervous breakdown.
MR. ROTTENBORN: Yeah, you testified about that breakdown. You could have also defaced a painting by drawing a penis on it, didn't you?
MR. ROTTENBORN: Given the state you were in, it's ! entirely possible that you did that, even if you don't remember it to this day, correct?
MR. DEPP: Drawing a penis on the painting is not the first thing on my mind I had messages to write, reminders that were for Ms. Heard
MR. ROTTENBORN: But you don't deny that if a painting was defaced with a penis drawn on it, that that could have been you, even if you were blacked out and don't remember that, correct?
MS. MEYERS: Objection. Speculation.
THE COURT: I'll allow it.
MR. ROTTENBORN: That wasn't my question, Mr. Depp, respectfully. It was you don't deny that you I 5 could have defaced the painting in the manner that I just described?
MR. DEPP: Well, given that I had written some messages on the bathroom mirror and then Ms. Heard added to them, it's also not impossible that Ms. Heard may have drawn a penis on a painting somewhere. That's not where I was going.
MR. ROTTENBORN: Let's take a look at page 451 of your I testimony in the U.K. trial, please.
MR. ROTTENBORN: And if you look at page 451, line 21, I please. You were asked the question, "Let me ask you, is defacing a painting something that you are likely to have forgotten?" I recall painting on a lampshade, on a wall, on a mirror. I remember dunking my finger into paint thinner and using paint when I had run out of blood to paint with. And I could have defaced the painting, I suppose, but I do not remember a painting, specifically.
MR. ROTTENBORN: Question, down below, on 452, line 15, "So, there are parts of this episode that you do not remember at all, because that would be quite a picture?" big thing, would it not, painting a penis on a "ANSWER: It would be quite a big thing. I do not recall -- O "QUESTION: It is not something you would do by accident, is it, you do not accidentally--
MR. ROTTENBORN: "ANSWER: No, I would say not.
MR. ROTTENBORN: "QUESTION: You have no recollection?
MR. ROTTENBORN: "ANSWER: I am sorry, I am not 100% sure that I can say I did that."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Let's take a look at Exhibit 374, please.
THE COURT: Is it Defendant's Exhibit 374?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Okay.
MR. ROTTENBORN: Mr. Depp, do you recognize this as one of the mirrors that you wrote on with your injured finger in March of 2015?
MR. ROTTENBORN: And yesterday, you texted -- texted, I'm sorry. We've seen a lot of texts today.
MR. ROTTENBORN: Yesterday, you testified that you wrote on the mirror, and I don't remember exactly what you said, but you essentially said that you wrote things about your past with Ms. Heard or --
MR. ROTTENBORN: Or things that you had with her, correct?
MR. ROTTENBORN: Your permission to move this in as an exhibit, and ask for permission to publish.
THE COURT: Any objection?
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. 374 in ,3 evidence. You can publish.
MR. ROTTENBORN: If you can just blow that up a little bit. Is it possible? your severed finger, you wrote, in some mix of
MR. ROTTENBORN: So on this which you wrote on with paint or blood, "Starring Billy Bob and Easy Amber."
MR. ROTTENBORN: Ms. Heard arrived directly in Australia ! 12 from filming the film London Fields, in England, 1113 with Billy Bob Thornton, correct?
MR. ROTTENBORN: And you hadn't seen your new bride in three or four weeks and she arrives. You're not happy about her filming with Billy Bob Thornton, and, so, as part of this altercation, incident, after your finger is injured, you write "Starring Billy Bob and Easy Amber" on the mirror, correct?
MS. MEYERS: Objection. Compound.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: I'll move on.
THE COURT: Okay.
MR. ROTTENBORN: Let's pull up exhibit 375, please.
MR. ROTTENBORN: This is -- Mr. Depp, do you recognize this as another mirror on which you wrote with your -- in blood and paint, after your finger Is injury in March of 2015?
MR. ROTTENBORN: Okay. ,o
MR. ROTTENBORN: Your Honor, move for admission of Exhibit 375, and request permission to publish.
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. 375 in I evidence. Publish.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Can we, please, pull up Exhibit 377, please.
MR. ROTTENBORN: Mr. Depp, this is a picture of a lampshade that you wrote on after you sustained a finger injury on March 8th, 2015, correct?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, move for admission of Exhibit 377.
MS. MEYERS: No objection.
THE COURT: All right. 377 in evidence. You can publish.
MR. ROTTENBORN: Permission to publish.
MR. ROTTENBORN: And on this lampshade, which appears to IO be sitting on the ground, you write, in some mixture of blood or paint, "Good luck and be careful at top," correct?
MR. ROTTENBORN: Now, you have never, and I know Ms. Heard will give her account of this incident later in the trial, but just to be clear, you have never seen Amber inflict harm on herself or on her arms or anything like that, correct?
MS. MEYERS: Objection. Compound.
THE COURT: Sustained.
MR. ROTTENBORN: You've never seen Amber inflict harm on herself?
MR. ROTTENBORN: Can you, please, pull up your U.K. testimony, at page 434.
MS. MEYERS: Objection, Your Honor. May we approach?
THE COURT: Yes.
MS. MEYERS: I'm just curious as to which portion because this is all --
THE COURT: Which -- 435.
MR. ROTTENBORN: Line 25, and then to
MS. MEYERS: I apologize.
THE COURT: No, that's okay.
MR. ROTTENBORN: Mr. Depp, are you there, on page 434, line 25.
MR. ROTTENBORN: 434, okay. Yes.
MR. ROTTENBORN: And in the U.K. trial, were you asked this question and did you give this answer: "QUESTION: You have never seen her inflict harm on herself, on her arms or anything like that, during the time you were with her?" "ANSWER: No. No."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Go to the top of page 435. Sorry if I wasn't clear.
MR. ROTTENBORN: So, the bottom of page 434.
MR. ROTTENBORN: "QUESTION: You have never seen her inflict harm on herself, on her arms or anything like that, during the time you were with her?" And then the answer, at the top of page 435, is, "No. No."
MR. ROTTENBORN: Did I read that correctly?
MR. ROTTENBORN: Thank you. Now, you testified yesterday that when you went to the hospital, that you told them that you had injured your finger in an accordion door.
MR. ROTTENBORN: I --1---------------------- I Do you remember giving that testimony?
MR. ROTTENBORN: That's actually not true, is it? You I actually told the hospital that you had cut it off ls with a kitchen knife; isn't that right?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Can you pull up Exhibit 360, please.
MR. DEPP: I believe there was one of my team who might have said that to the doctor. But that was not my- those are not my words. At any rate, we were looking to keep Amber's name out of it.
MR. ROTTENBORN: Mr. Depp, I'm not going to move this exhibit into evidence, but do you see the portion where it says "Thanks for seeing and treating this patient"? Do you see that? Right after that, it says "He sustained an injury to his right middle finger tonight after accidentally cutting it with a kitchen knife." Do you see that?
MR. ROTTENBORN: There's no mention of an accordion door in that document, is there?
MR. DEPP: I'll read it, if you'd like. But that was - I didn't sign my name to this, and that's not my statement to them. I used the accordion door.
MR. ROTTENBORN: You testified yesterday that you --
MR. ROTTENBORN: You testified yesterday that you told Dr. Kipper that Ms. Heard had, in fact, been responsible for your finger injury.
MR. ROTTENBORN: Do you remember giving that testimony?
MR. ROTTENBORN: But, in fact, in subsequent communications to Dr. Kipper, you reference, more than once, that you chopped off your own finger, to Dr. Kipper, correct?
MR. DEPP: When you say to someone, I've chop my finger off, that's just going straight to the fact. You don't get into, she did this, I did that, this, that. My finger's been chopped off.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Let's take a look at Exhibit 398, please.
MR. ROTTENBORN: I'd like to direct your attention, sir, to the text message numbered 94, which is a text message from you to Dr. David Kipper on March 19th, 2015. Do you see that?
MR. ROTTENBORN: Sure.
MR. ROTTENBORN: Your Honor, I would move for the admission of this exhibit with just that text displayed and with every identifier redacted.
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. If we could do those redactions, please.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: All right. 398 in evidence as redacted. ,,1
MR. ROTTENBORN: Just blow that up a little bit more, if you can. Thank you.
MR. ROTTENBORN: So this text message from you to Dr. Kipper, on March 19th, 2015, you text him "My most sincere apologies to you, Doc ... "I understand your decision based on my immunity to do the right thing ... And I truly do thank you for your concern!!! "I must apologize for not having had the presence of mind to respect the man who has been the most kind and who has done more for me than anyone ever. There was no call for my spineless and base behavior toward you.
MR. ROTTENBORN: I honestly understand the reasons for your concerns in your letter and can say to you now, they no longer are an issue ... Thank you for everything. I have chopped off my left middle finger as a reminder that I should never cut my finger off again!! I love you, brother. Johnny. Did I read that right?
MR. ROTTENBORN: And Ms. Heard was not on that text message, was she?
MR. ROTTENBORN: Can you take that down ! 10 and put up exhibit 499, please.
MR. ROTTENBORN: And I'd like to direct your attention to item 39, second text down, which is a text message exchange between Erin Boerum, Dr. Kipper's nurse, on October 31st, 2015.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Your Honor, I move for ! 18 admission of this exhibit, with just that text message. ,20
MS. MEYERS: No objection.
THE COURT: All right. If you can redact it.
MR. ROTTENBORN: And the appropriate redactions. Thank you.
THE COURT: All right. 499 in evidence, with the redactions.
MR. ROTTENBORN: And in this text message, from you to Dr. Kipper's nurse, Erin Boerum, in October of 2015, you say, and I'll just try to read the relevant part, "Sent huge text to Kipper ... No response!!! He's an odd duck, ol' Kipper... This is the second time that he's held off giving me meds by blackmailing me into seeing him . The first time I had just chopped my finger off...
MR. ROTTENBORN: "Hmm . ???
MR. ROTTENBORN: "Oh, well... I want OFF of the majority of the stuff anyway...
MR. ROTTENBORN: "I guess that's a new way to stop!!!
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And Amber is not on that text exchange, correct?
MR. ROTTENBORN: I'd like to, if we could, pull up Exhibit 343. I believe it's Plaintiffs Exhibit 343.
MR. ROTTENBORN: This is where you tell Amber, in the recording that you mentioned today, I chopped my finger off. So, let's listen to that.
THE COURT: Are you entering 343 into evidence?
MR. ROTTENBORN: Yeah, I think it's O plaintiffs. It's the same one that was played yesterday, 343.
MS. MEYERS: Just for the record, which portions are you playing?
MR. ROTTENBORN: Sure.
THE COURT: Which portion are you playing? I'm playing 2: 02: 15 to
MR. ROTTENBORN: 182:02:19.
MR. ROTTENBORN: Is that right?
MR. ROTTENBORN: I don't know if we'll be able to get it exactly right. There's a second or two on either side, but we'll do our best.
THE COURT: That's fine.
THE COURT: What's the date of the Is recording?
MR. ROTTENBORN: I don't know. It's a plaintiffs exhibit. I don't know the date of the recording.
THE COURT: Okay. A Oh.
MS. HEARD: Now we're talking about Australia? Okay, yeah.
MR. ROTTENBORN: Did you hear that? When you said, "The day I chopped my finger off'? Let's play it again.
MS. HEARD: Now we're talking about Australia? Okay, yeah."
MR. ROTTENBORN: Let's do it one more time.
MR. ROTTENBORN: No, you say, "The day that I chopped my finger off." So, let's play it one more time, because I think I left out the word "that." It says the day that I chopped my finger off.
MS. HEARD: Now we're talking about Australia? Okay, yeah."
MR. DEPP: I'm not so sure. In fact, earlier, you quoted Jerry Judge from the airplane tape, as calling me an asshole, or wait until the asshole falls asleep. And I'm positive that those words never left his mouth because he was - he would have - if I would have been making those noises in the bathroom, he would have ripped the hinges off.
MR. ROTTENBORN: Maybe they left his mouth when you were passed out, sir, respectfully. Let's listen to this one more time.
MS. MEYERS: Objection.
THE COURT: I'll sustain.
MS. MEYERS: Move to strike.
THE COURT: I'll sustain as argumentative. I'll move to strike.
THE COURT: Next question.
MR. ROTTENBORN: I want to play this video, just one more time, please.
MR. ROTTENBORN: We can move on.
MR. ROTTENBORN: Let's bring up Exhibit 380, please.
MR. ROTTENBORN: This is another recording, Your Honor. I don't know whether been admitted into evidence yet.
THE COURT: 380, Plaintiff's 380, or Defendant's 380?
MR. ROTTENBORN: I believe it's defendant's. I left my cheat sheet.
THE COURT: I thought it was an easy question.
MR. ROTTENBORN: I had it written down, and I don't have it in front of me.
THE COURT: Okay. That's fine.
MR. ROTTENBORN: Plaintiff's 3 80.
THE COURT: Plaintiff's 380.
MR. ROTTENBORN: Yes.
THE COURT: I don't know if that's in evidence or not. Is Plaintiff's 380 in evidence? No.
THE COURT: So, you're offering 380 before we hear it. Can we put it into evidence?
MR. ROTTENBORN: Yes, Your Honor. I move it into evidence. The portions that I would like to play are 33:33 through 34:10.
THE COURT: I assume no objection?
MS. MEYERS: As long as this is an audio recording of just Mr. Depp and Ms. Heard, we have no objection.
MR. ROTTENBORN: This portion is.
THE COURT: The portion is.
MR. ROTTENBORN: I believe that there's other portions that involve other people, but as best I'm aware of -- well, actually, no. May we approach? Because I think --
MR. ROTTENBORN: I think this one is like the plane one. I think it's a long video that was -- long audio from Australia. Mr. Depp wasn't present for most, but the portion that I'm going to play is just Mr. Depp yelling.
THE COURT: Here's the problem: Now, we're not putting this whole audio into evidence because there's other parts that people object to, right?
MR. ROTTENBORN: I mean, it's just like, sure, I mean, that's fine, but it's just like the plane thing we did earlier.
THE COURT: I have to keep a clean record, okay?
MR. ROTTENBORN: I understand.
THE COURT: So, I can't, if we're not putting the full audio in. I didn't mind the other ones, that was putting the full audio in. But if you're putting just one part of it in, I have to make it clear for the record. I just need just that audio clip to go with the record.
MR. ROTTENBORN: Let's just do that.
MS. MEYERS: I think I know this is the four-hour Australia recording. Are you sure? Has this been --
THE COURT: You're suggesting it's just the two of them or other people?
MR. ROTTENBORN: There's definitely other people in other parts, but I think the only part I'm playing, I think it's just him There's other voices, you can't hear anything, but it's him making a bunch of noises and yelling.
MS. MEYERS: Is there no actual statements?
MR. ROTTENBORN: I think there are.
THE COURT: Well, then, why don't we go ahead and take our afternoon break and you both can play it. I'd rather do that than hear it and all of a sudden it's the wrong one.
MR. ROTTENBORN: I'm sorry for that.
THE COURT: That's okay. I just want to make sure. Trying to get a clean record.
MS. MEYERS: Thank you.
THE COURT: All right. Ladies and gentlemen, they're going to work out an issue with one of the audio recordings, so we'll take our 15-minute recess for the afternoon. Do not discuss the case with anyone, and do not do any outside research, okay?
THE COURT: All right.
MS. BREDEHOFT: Your Honor, may we approach, briefly, before we take break?
THE COURT: Okay.
MS. BREDEHOFT: Your Honor, I have verified with the PR people. They have not released anything today, much less anything that would be an Exhibit. They have never released anything that was not already in evidence. Which means whatever was on Ms. Vasquez's phone has nothing to do with us.
THE COURT: Okay.
MS. BREDEHOFT: And the allegation, and what's bothering me, is then they release these transcripts and these people have been getting transcripts every day. They release them to the press. They're making unfounded allegations about --
MS. BREDEHOFT: Our legal team, suggesting we're releasing things, suggesting that other people are releasing things, and I'm very, very offended by it. Your Honor said we need to verify it before we come up to this bench, and now there's been an allegation. Our legal team had I something to do with this --
THE COURT: I think they wanted to make sure that it was clear. And then you went back and you made sure. I don't think anybody's taking this, that there was anything -- I 7
MS. BREDEHOFT: It did not come from us, at all.
THE COURT: That's fine. That's been b O verified. That's fine. That makes sense. I just I want to make sure, like you said, that no evidence ! 12 gets out there from anybody until --
MS. VASQUEZ: As I stated, it also had Ms. Heard's email address.
THE COURT: No, I know. That's why I wanted to bring it to everybody's attention, that that's happening. So, that's fine. So, I don't know where it's coming from, but I can tell you people can pay for the transcripts, anybody can do it, so the transcripts are getting out. It could be anybody paying for them, and they'll take
MS. VASQUEZ: Anybody's money.
MS. VASQUEZ: Your Honor, is this the b court's website? It appears to be.
THE COURT: It's really weird. That's Is the court's website.
MS. VASQUEZ: So, if I may, just to show you. So, under today's date, these are the Exhibits, and that's the one.
THE COURT: See, it might be -- have I 1 O you downloaded anything today on the court? Have I you downloaded any Exhibits on the court website?
MS. VASQUEZ: That might be. In
THE COURT: We'll take a look. We'll I take a look.
MS. BREDEHOFT: I'm just glad.
THE COURT: All right. Thank you.
THE COURT: We'll take a recess until I :40. All right. Thank you
COURT BAILIFF: All rise.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: If you can approach for a moment.
THE COURT: Okay. So that was Exhibit 325. And that was the one that, at first, you had it -- redactions on it, they said we wanted to see it without redactions, and you said we have no objection to the unredacted version. So, that's what you put up, that's what you posted, and that's what was put in the evidence.
THE COURT: I can't put any blame on anybody here, other than that's what we had, that's what was in evidence, that's what went up on the website. We have taken it down. Now, if you want to give us a redacted version of 325, we'll replace it.
MS. BREDEHOFT: The identifiers, yeah.
THE COURT: Whatever you want to do. The only one that didn't have a redacted by it. You guys owe me a lot, by the way. But, now, we'll do the 325 redacted, okay?
MS. BREDEHOFT: Thank you, Your Honor.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: All right. We've got that taken care of.
THE COURT: All right. Are we ready for the jury?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Okay.
THE COURT: All right. Thank you. You can be seated.
THE COURT: And your next question, sir.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: I think before the break, we were going to ask to play a portion of Exhibit 380, which is an audio recording. Counsel for both sides have conferred that neither side has an objection to the following excerpt being played, which is 33:33 through 34 minutes, through 34:00.
THE COURT: So 33 minutes to 34 minutes. So, you're only entering into evidence that one minute of this audio; is that correct?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: So somebody's going to get me an audio clip of just that, at some point, correct?
MR. ROTTENBORN: Sure. We're happy to take care of that.
THE COURT: Okay. I'll make that 380A.
MR. ROTTENBORN: We can fight over the rest of it later, but, for now, this will be --
THE COURT: Plaintiff's 380A.
MR. ROTTENBORN: Plaintiff's 380A. We're happy to get to that -- oh, I'm told it's actually defendant's. Oh, they are both 380. So, we'll get it to you. How about that? ,20
THE COURT: Oh, joy. All right. We're going to go with Plaintiff's 380 right now, okay? Try to keep the record clear. 380A, 3:33 through 34
MR. DEPP: "I wish you fuckin' understood what you are and who you are and how you fucked me over and make me feel sick of myself. There's still a lot left in the day. Maybe you should dye your hair. I see (indiscernible)."
MR. ROTTENBORN: That's your voice in that audio recording, Mr. Depp, correct?
MR. ROTTENBORN: Now, we talked a little bit about what you wrote on the one mirror, when you said "Billy Bob Thornton and Easy Amber." Remember seeing that picture a few minutes ago?
MR. ROTTENBORN: And we talked about how Amber had just been in London filming a film with Billy Bob Thornton, correct?
MR. ROTTENBORN: Now, when you were apart from her, she would want to socialize with other people, and that made you feel insecure, right?
MR. ROTTENBORN: Objection. Compound and speculative.
THE COURT: Compound. I'll sustain as to compound.
MR. ROTTENBORN: When you were apart she would want to O socialize with other people, right?
MR. ROTTENBORN: And that occasionally made you feel insecure, didn't it?
MR. ROTTENBORN: Let's look at page 257 of your U.K. transcript, please. I think that's day 2.
MR. ROTTENBORN: Sure. No problem. It's day 2, page 257.
MR. ROTTENBORN: So it's page 23 of the document.
MR. ROTTENBORN: All right. 257?
MR. ROTTENBORN: Yes, sir. 257. I've got it. Line 13.
MR. ROTTENBORN: Did you give the following testimony in response to the following questions?
MR. ROTTENBORN: "QUESTION: And when you were apart, she would want to do things with other people, see other people, go out with other people, socialize; IO yes?
MR. ROTTENBORN: "ANSWER: Yes, sure. "QUESTION: And did this occasionally make you feel insecure?
MR. ROTTENBORN: "ANSWER: Occasionally, yes, it did."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Can we, please, pull up Plaintiffs Exhibit 343, which is a recording, it's been admitted, and we propose to play seconds 30 through 45.
MR. ROTTENBORN: With your permission, Your Honor, may we play that portion?
THE COURT: Go ahead.
MR. DEPP: "I become irrational when you're doing movies. I become jealous and fucking crazy, weird and, you know, we fight a lot more."
MR. ROTTENBORN: Can we play that one more time, please. Actually, before we do.
MR. ROTTENBORN: You said that you become irrational when you're doing movies. And you say you become "weird." You heard those, right?
MR. ROTTENBORN: Let's play it again. Thank you.
MR. DEPP: I become irrational when you're doing movies. I become jealous and fucking crazy, weird and, you know, we fight a lot more.
MR. ROTTENBORN: So, you heard yourself, Mr. Depp, say "I become irrational when you're" -- "we're doing movies," you heard that, right? Is I can play it again, if you'd like?
MR. ROTTENBORN: Sure. Why don't we play it again.
MR. DEPP: "I become irrational when you're doing movies. I become jealous and fucking crazy, weird and, you know, we fight a lot more."
MR. ROTTENBORN: Mr. Depp, in that audio, you say "I become irrational when you're doing movies. I become jealous, fucking crazy, weird, and we fight a lot more." You heard that, right?
MR. ROTTENBORN: You can take that
MR. ROTTENBORN: I'd like to fast-forward, Mr. Depp, to December 15th, 2015. I know there's been some testimony on that day, for the jury. And you and Ms. Heard, you gave some testimony yesterday about an altercation that you had that evening.
MR. ROTTENBORN: Do you remember giving that testimony?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Okay. And you would agree that after this altercation that you had, that you wrote in -- on the countertop in your penthouse at the ECB in, like, a gold Sharpie.
MR. ROTTENBORN: Do you remember that?
MR. ROTTENBORN: And your counsel showed a picture to you that, allegedly, was taken that day.
MR. ROTTENBORN: I would like to pull up Plaintiffs Exhibit 409, which was shown to the witness yesterday, I believe, Your Honor.
THE COURT: Okay. That's Plaintiffs 409. It's already in evidence. So, we'll go ahead and publish it.
MR. ROTTENBORN: Yeah, there we go.
MR. ROTTENBORN: Mr. Depp, and the jury will see, hear more about this as the case goes on, but do you recognize this picture of Ms. Heard as a picture that was taken directly after the December 15th, 2015 incident?
MR. DEPP: I don't know when it was -- I don't know when the photograph was taken. I don't know much about it.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: You can take that down.
MR. ROTTENBORN: In any event, you don't disagree that there was a headbutt that evening, I know there's disagreements about the cause of it, but you would agree that you headbutted Ms. Heard that evening, correct?
MR. DEPP: No. I would vehemently disagree with that, sir. There was a lot of - I was trying to restrain Ms. Heard, and in the - once I had restrained her, I would say, if she's trying to still move around and kick at me or trying to get loose, any sort of movement, when you're like this (indicating), your heads are together, this close together, it's not impossible for them to bump. But the headbutt, a headbutt is - that's a pretty extreme definition of that.
MR. ROTTENBORN: Okay. Let's take a listen to ! Exhibit 587. I believe that's Defendant's Exhibit 587.
MR. ROTTENBORN: Your Honor, this is one of the recordings that's just the two parties, Amber and Mr. Depp, and we would play, propose to play 8:45 through 9:20.
THE COURT: All right. Is this whole coming into the evidence, the whole tape or just that portion?
MR. ROTTENBORN: Yes, we propose the whole tape come in.
MS. MEYERS: To the extent the tape is just the two parties, we have no objection.
THE COURT: It's just the two parties in this tape?
MR. ROTTENBORN: I believe so, Your Honor.
THE COURT: You believe?
MR. ROTTENBORN: I mean, we'll confirm, but for right now, I'd like to get this part in evidence. If we can have tonight, we'll confirm with you tomorrow that the whole thing is just the two of them. That's my understanding.
THE COURT: So, right now, I can only put 587 A in. And the minutes are? What are the minutes again?
MR. ROTTENBORN: 8:45 to 9:20.
THE COURT: 8:45 to 9:20. That portions is in evidence at the moment. Okay.
MS. HEARD: I'm sorry. Yeah, but he --
MS. HEARD: It was halfway screaming. It's like -- somehow the end all be all is a very sort of an offensive thing. You can throw a punch, yet, screaming's okay. You can headbutt somebody screaming, but don't scream.
MS. HEARD: I couldn't believe you did that.
MS. HEARD: I don't know if you realize. I don't think you did. I don't think you broke it."
MR. ROTTENBORN: Why don't we play that one more time, please.
MR. ROTTENBORN: Because, Mr. Depp, my question for you is, did you say, "I headbutted you in the forehead. That doesn't break a nose"?
MR. ROTTENBORN: So, let's take another listen.
MS. HEARD: I'm sorry. Yeah, but he --
MS. HEARD: It was halfway screaming. It's like -- somehow the end all be all is a very sort of an offensive thing. You can throw a punch, yet, screaming's okay. You can headbutt somebody screaming, but don't scream
MS. HEARD: I couldn't believe you did that.
MS. HEARD: I don't know if you realize. I don't think you did. I don't think you broke it.
MR. ROTTENBORN: Mr. Depp, you said "I headbutted you in the fucking forehead. That doesn't break a nose," correct?
MR. ROTTENBORN: All right.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Okay.
MR. DEPP: And if you want to have a peaceful l conversation with Ms. Heard, you might have to placate just a little bit. J 11
MR. ROTTENBORN: Okay. Let's listen to Exhibit 598, please.
MR. ROTTENBORN: Your Honor, this is another recording that, I believe, is just between the two. I just want to confirm with my team. But for now, we just ask to play minutes 6:05 through 7:36 of 598.
THE COURT: So, 598A in evidence. 6:05 to 7:36.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: Uh-huh.
MS. HEARD: "The person who is loudest b is most responsible. Just because --
MS. HEARD: That's because I'm louder. Right, because I'm louder.
MS. HEARD: My family, my friends --
MS. HEARD: Everyone around me saw all the bruises and broken -- broken blood vessel under my eye, the bruises on my head, the missing chunks of hair, the split lips, the black eye, the swollen nose. All that shit. Because you're stronger. It does not mean, it does not mean because they heard me that I'm somehow more responsible. It just means they heard me because I yell in a fight. You do provoke. I yell. It doesn't mean I'm more responsible or badder. However, I am exposed via that. The distance of -- between Cafe Cabrona and the house is significant. And I know, I know that that does not mean that they got an accurate representation of our fight. But if you told them stuff, great, cool. Thanks for exposing me.
MS. HEARD: "As I said to you before, don't do it again unless you want me to really also tell them my side of things. Because trust me --
MS. HEARD: MR. DEPP: You're welcome to.
MS. HEARD: Trust me. You know I have a different side than you. And if I show them pictures and stuff, I'm sure they'll have even more a different side. And, in fact, if I told them even more stuff, they'll have an even more clear picture of what I think of both sides.
MS. HEARD: MR. DEPP: Maybe I should show them -- maybe --
MS. HEARD: But--right.
MS. HEARD: MR. DEPP: -- I should show them this and this.
MS. HEARD: But if you -- that's true. If you can do --
MS. HEARD: MR. DEPP: From the mineral spirits --
MS. HEARD: Whatever you want. MR. DEPP: -- can that you threw at my face.
MS. HEARD: You can do whatever -- by the way, do it. I promise you, do it. Do whatever you want.
MS. HEARD: MR. DEPP: You don't want me to do that.
MS. HEARD: No, you -- you do whatever you want.
MS. HEARD: MR. DEPP: They'll never speak to you again.
MS. HEARD: You do whatever you want."
MS. HEARD: MR. ROTTENBORN: Let's take a look at Defendant's 526, please. BY MR. ROTTENBORN:
MR. ROTTENBORN: After the incident on December 15th, you wrote these words on the countertop at Sweetzer -- or at ECB, the Eastern Columbia Building, correct?
MR. ROTTENBORN: And that's your handwriting on the counter, right? You wrote --
MR. ROTTENBORN: "Why be a fraud, all is such bullshit." Do you see that?
MR. ROTTENBORN: And that's in penthouse 3?
MR. ROTTENBORN: Well, let's take a look at this.
MR. ROTTENBORN: Let's take a look at exhibit 580.
MR. ROTTENBORN: Mr. Depp, I would like to direct your attention to the text message, two up from the bottom. It's a text message -- this is my question to you. It's a text message from you to David Heard, Amber's father, on December 30th, 2015. Do you see that?
MR. ROTTENBORN: Which one are we looking at? Good question. 131.
MR. ROTTENBORN: Can you scroll down, please.
MR. ROTTENBORN: And my only question for you now is, ,4 that's a text message from you to David Heard on December 30th, 2015, correct?
MR. ROTTENBORN: Your Honor, move for I IO admission of 580, just that text is all I want to ask the witness about.
MS. MEYERS: No objection, but with the ! 13 redaction of the phone numbers.
MR. ROTTENBORN: Of course.
THE COURT: All right. 580 entered into evidence with redactions.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: So, in this text message, Mr. Depp, that you sent on December 30th, 2015, you tell him, Amber's father, "Below is a text that I never hit send on from a week, or so again ... It was in response to you ... Hey brother ... I love you," too!! More than you can ever imagine ... It's rare in life when one meets a kindred spirit... A couple of madmen with the thirst for 'FURTHER!' ... Their have only been maybe 3 people in my entire life, of your ilk!!! You're a rare specimen and our friendship means everything!!! Yes, I fucked up and went too far in our fight!!! I cannot and WILL NOT excuse my part inside these dramas!!! 'But I can promise you, with all confidence, THEY WILL NEVER HAPPEN AGAIN!!! My most sincere apologies if I've let you down.
MR. ROTTENBORN: ''Love you, brother ... "
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And so, in this text, sent on December 30th, you're telling David Heard that you messed up and went too far in a fight?
MR. ROTTENBORN: And in the audio --
MR. ROTTENBORN: Sure. And in the audio that we just heard, Amber's talking to you about people seeing her injuries from December 15th and how she hid them from your kids during Christmas?
MS. MEYERS: Objection. Hearsay.
MR. ROTTENBORN: Is that right?
THE COURT: I'll sustain the objection to that question.
THE COURT: Next question.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: After you came back from Australia, you and Amber saw --
MR. ROTTENBORN: You can take that down, please.
MR. ROTTENBORN: You and Amber saw someone by the name of Dr. Amy Banks, you joined her by Skype.
MR. ROTTENBORN: Do you remember that?
MR. ROTTENBORN: Right. And you saw her individually-- you saw her for a joint session with Amber, correct?
MR. ROTTENBORN: And then you saw her individual for a session as well. Do you recall that?
MR. ROTTENBORN: And during the joint session with Dr. Banks, you didn't contradict Amber's reporting of your violence toward her -- I that.
MS. MEYERS: Objection. Hearsay.
MR. ROTTENBORN: If he contradicted
THE COURT: I'll sustain the objection. Next question.
MR. ROTTENBORN: We're going to jump around a little bit in time here, Mr. Depp. Earlier today, you recall that we talked about March of 2013, and we showed -- you saw the picture with the cocaine box that said "Property of JD." Do you remember that?
MR. ROTTENBORN: I'd like to show you a few documents
MR. ROTTENBORN: Michelle, can you pull up Exhibit -- Defendant's Exhibit 1-5-9, please, 159.
MR. ROTTENBORN: And, Mr. Depp, what I'm going to ask you about is the second text down. It's the text from you to someone named "Sis," who I think you Is testified was -- you said, first, it was Christ but I think you, then, testified that it was I Whitney Heard, correct?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, I'd move ps for the -- !
MR. ROTTENBORN: Well, this is a text from you to Whitney on March 9th, 2013, correct? Do you see that?
MR. ROTTENBORN: The second he -- two down is a text from you to Whitney, dated March 9th, 2013.
MR. ROTTENBORN: Your Honor, I would move for the admission of this Exhibit 159 with that text and then the second and third texts from the bottom, please. With the appropriate redactions on everything else.
MS. MEYERS: May we approach, Your Honor?
THE COURT: Sure.
MS. MEYERS: I have no objection to the portion of the text message at the top submitted on--
THE COURT: At the top.
MS. MEYERS: Yeah, submitted on March 9, correct?
MR. ROTTENBORN: Uh-huh.
MS. MEYERS: The text at the bottom are from a different time period. I'm just not sure of the relevance.
MR. ROTTENBORN: I'm going to ask him about it later. Those are the three things that I may use in my cross. I just wanted to do it all
THE COURT: But you're not going to ask him questions on that right now?
MR. ROTTENBORN: What's the date on the second?
THE COURT: May 12th.
MR. ROTTENBORN: Yeah, I probably will not ask him about those right now, but I don't want to come back up and do it.
THE COURT: Let's do the one that's published right now.
MR. ROTTENBORN: Okay. Sure.
MS. MEYERS: Thank you, Your Honor.
MR. ROTTENBORN: Okay. Michelle, can you, please, redact everything but the second text message, please.
THE COURT: All right. What we'll do is just call this 159A.
MR. ROTTENBORN: Sure.
THE COURT: And that will be admitted with redactions, okay?
MR. ROTTENBORN: Thank you, your Honor.
MR. ROTTENBORN: So, Mr. Depp, you sent this text to Whitney Heard on March 9th, 2013. And in this text, you say -- s
MR. ROTTENBORN: Blow that up as best you can, please.
MR. ROTTENBORN: "We had a slightly grim morning ... But, not a doozy. We kissed, she splits and texts me sweet" --
MR. ROTTENBORN: "stuff. I do the same right back and ... Nada. So, I just want to know that she is safe. I've heard nothing ... Just worried about her. Xxx ... "JD." Did I read that right?
MR. ROTTENBORN: So that text was sent on March 9th, 2013.
MR. ROTTENBORN: With that in mind, could you, please, pull up Defendant's Exhibit 161.
MR. ROTTENBORN: Up from the bottom, there's a text exchange between you and Ms. Heard. Can you scroll -- yeah, here we go.
MR. ROTTENBORN: Do you see four texts -- or five texts Do you see that?
MR. ROTTENBORN: And this is sent on March 12th, 2013?
MR. ROTTENBORN: Which, if I'm doing my calculation right, was Tuesday, March 12th, 2013. And in the top text, you write "Just thought you should know that there exists a book titled, 'Disco Bloodbath.' That's all ... " Do you see that? Did I read that right?
MR. ROTTENBORN: Your Honor, I'd move I to -- move for the admission of this exhibit with those texts.
THE COURT: When you say "those texts," which ones?
MR. ROTTENBORN: Those four. The text exchange between Mr. Depp and Ms. Heard. that?
THE COURT: Okay. Any objection to
MS. MEYERS: We have no objection to the admission of the four text messages between Mr. Depp and Ms. Heard on that date.
THE COURT: Okay. Just make those redactions.
MS. MEYERS: Yeah.
THE COURT: All right. 161 in evidence with the redactions.
THE COURT: You can publish.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: So, we'll just focus on the texts. So, we can see the top text is from you to Ms. Heard, I 6 and you say "Just thought you should know that I 7 there exists a book titled, 'Disco Bloodbath.' That's all ... "
MR. ROTTENBORN: And Amber wrote you back and said "We need that book!"
MR. ROTTENBORN: And you wrote back and said "Is it about last Friday night" --
MS. MEYERS: Objection.
MR. ROTTENBORN: Sorry, sorry. I got it wrong.
MR. ROTTENBORN: Amber writes back and says "We need that book!"
MR. ROTTENBORN: And then she writes and says "Is it about last Friday, by any chance?"
MR. ROTTENBORN: And you write "How can you make me smile about such a hideous moment??? Yes, it is ... Funny bitch. I fucking love you, you cunt!!!"
MR. ROTTENBORN: You wrote that on Tuesday, March 12th, 2013, referring to the previous Friday night, March 8th, 2013, correct?
MR. DEPP: I believe that the subject - I sent her that text, that there exists a book called Disco Bloodbath, from a bookstore that I was in. She said we need the book. Asked me about if it was about last Friday. I believe that I have a very different opinion of what that Friday was than you do, and I -
MR. ROTTENBORN: Well, your counsel can ask you about that, and I'm sure you can testify to that.
MR. ROTTENBORN: But my question to you, when you're writing, when you're referring to "such a hideous moment," you're responding to Ms. Heard's text about "Is it about last Friday night, by any chance"; isn't that right?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: You can take that down, please.
MR. ROTTENBORN: Can you, please, bring up Defendant's Exhibit 638.
THE COURT: I'm sorry. I'm going to 1117 enter this into evidence or ...
MR. ROTTENBORN: Yes, Your Honor. Move for the admission of this video into evidence.
MS. MEYERS: We have no objection, Your Honor.
THE COURT: All right. 638 into evidence.
THE COURT: Now you can publish it.
MS. HEARD: What happened?
MS. HEARD: What happened?
MS. HEARD: Nothing happened this morning. You know that?
MS. HEARD: No.
MS. HEARD: Yeah, you're right.just woke up and you were so sweet and nice. We're not I 1 seven fighting this morning. All I did was say "Sorry."
MS. HEARD: No. That's the thing.
MR. DEPP: You wanna see crazy? I'll give you fucking crazy. Bitch baby. All your crazy. And your crazy. You got this going?
MS. HEARD: I just started it.
MS. HEARD: Have you drunk this whole thing this morning?
MS. HEARD: No, I didn't. You were smashing shit.
MR. DEPP: Do we have a date for this illegally recorded tape? Do we have a date or metadata or anything on it?
MR. ROTTENBORN: Why don't we, since you have some questions about it, why don't we watch it again?
MR. ROTTENBORN: Okay. You know what, we don't have to do that.
THE COURT: That's good.
MR. ROTTENBORN: We don't have to do This is at your house in Hollywood, on Sweetzer Avenue, correct?
MR. ROTTENBORN: And that's you in the video, Mr. Depp, right?
MR. ROTTENBORN: That's correct, sir. And you would agree that you were violent in that clip, correct?
MR. DEPP: Call it I was having a bad time. I don't - I don't know what this is in regard to completely, at this point, since I don't know the date. But being illegally recorded by your chosen other is - well, it's quite fitting with the rest of the photographs and tape recordings she made.
MR. DEPP: So I felt what was most interesting was that she tried to hide it from me and then that she laughed and smiled at the end. I thought that was the most interesting part myself.
MR. DEPP: So, yes, I did assault a couple of cabinets. But I did not touch Ms. Heard. As you can see, I think, no?
MR. ROTTENBORN: And you may have been -- may have been drunk in that video, correct?
MR. ROTTENBORN: You poured yourself a mega pint of red wine, correct?
MR. ROTTENBORN: Yeah.
MR. ROTTENBORN: All right.
MR. ROTTENBORN: All right. Well, let's look at U.K. 101, please.
MR. ROTTENBORN: Yeah, this is day 1.
MR. ROTTENBORN: You see there at line 5 -- do you have the page up?
MR. ROTTENBORN: I'm sorry. Take your time.
MR. ROTTENBORN: It's on the -- it's in the volume for day 1, if that helps. IS
MR. DEPP: Yes, that's what I'm looking through, but it's all - it's a bit of a jumble. Oh, sorry, page 101, is that what you'd like?
MR. ROTTENBORN: Yes, sir.
MR. ROTTENBORN: And since you seem to be amused by the terminology, you were asked a question. QUESTION: "You were drunk, I am going to suggest. What do you say to that? ANSWER: I may have been."
MR. ROTTENBORN: Line 5.
MR. ROTTENBORN: QUESTION: You were drunk, I am going ! 19 to suggest. What do you say to that? ANSWER: I may have been. I do not recall. The chances are very good that I was, if I was upset.
MR. ROTTENBORN: ANSWER: Mega pint.
MR. ROTTENBORN: QUESTION -- mega pint of red wine, which is not everybody's choice of breakfast, is it?
MR. ROTTENBORN: ANSWER: No."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And you were very, very upset in that video, correct?
MR. ROTTENBORN: And you would agree that your behavior in that clip could be intimidating to anyone present in that room, correct?
MS. MEYERS: Objection. Calls for speculation.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: You would agree that your behavior was intimidating, correct?
MS. MEYERS: Objection. Calls for speculation.
THE COURT: All right. Sustain the same objection. standards of a Southern gentleman were not in your mind in this particular moment, were they?
MR. ROTTENBORN: Now, you're a lot bigger than Amber, correct, physically?
MR. ROTTENBORN: Would you agree with me that the
MR. DEPP: I don't know about anyone else, but I have had experiences in my life where one does stray from complete control over their emotions at times. And that is a very normal, primal thing to do.
MR. DEPP: I did not try to intimidate Ms. Heard. If she was intimidated, why was she filming? If she was scared to death, why didn't she leave?
MR. ROTTENBORN: Can you pull up Exhibit 821, please, defendant's exhibit.
MR. ROTTENBORN: We're going to fast-forward in time a little bit, Mr. Depp.
MR. ROTTENBORN: I'd like to direct your attention to the third text down. It's a text message from you to your sister on June 4th, 2016.
MR. ROTTENBORN: Do you see that?
MS. MEYERS: Objection. Relevance, Your Honor.
THE COURT: All right. What's the Is relevance? Or do you want to approach?
MR. ROTTENBORN: The relevance is the same relevance we've had all throughout and continues. I mean, it's a couple days after the restraining order. Same relevance that you -- remember, I don't want to use the words, if I don't have to, remember the Honda Civic? That was after the --
THE COURT: Honda Civic?
MR. ROTTENBORN: Corpse. You want to see a corpse decomposing in a Honda Civic.
THE COURT: I just don't see the relevance of this for this defamation case.
MR. ROTTENBORN: Definitely going to y g g --,--------------------- be -- okay. I won't argue with you on this one.
THE COURT: Thank you, I appreciate that.
MR. ROTTENBORN: I'm sorry. But I will seek to get it in, in Ms. Beard's case. -
THE COURT: Well, I'm not there yet. Just, right now, I just don't see the relevance.
MR. ROTTENBORN: I just didn't want to seem like --
THE COURT: Right now, I'll sustain for relevance. Thank you.
MR. ROTTENBORN: Can you pull up Exhibit 870, please. Actually, can you pull up -- s it's Plaintiff's Exhibit 157, 11.
THE COURT: 15711?
MR. ROTTENBORN: 157, page 11.
THE COURT: There you go. Plaintiff's 157?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Okay.
MR. ROTTENBORN: Mr. Depp, these are text messages that you sent to your friend Isaac Baruch, correct?
MR. DEPP: Yes. And I'll just say that I'm not proud of any of the languages that I've used in these angry-
MR. ROTTENBORN: Your Honor, I move for admission of just this page for this exhibit.
MS. MEYERS: Your Honor, we object on relevance.
THE COURT: All right. If you want to approach.
MR. ROTTENBORN: Your Honor, this is the filing, which it's totally relevant. The time frame doesn't matter.
MS. MEYERS: Your Honor, this is after she has made the allegations of abuse against him. This is months later.
THE COURT: That doesn't matter.
MR. ROTTENBORN: It's already been admitted with Mr. Baruch. It's the language he uses, the way that he refers to women, Your Honor.
MS. MEYERS: The way he refers to women, that's improper character evidence, again.
MR. ROTTENBORN: It's not. It's about Amber. It's not improper hearsay. I'm only trying to get --
THE COURT: Wait a minute. I'm reading all of this.
MR. ROTTENBORN: I'm sorry.
THE COURT: Okay. I'll allow those two in. Overrule objection.
THE COURT: So you have no other texts that you want?
MR. ROTTENBORN: No.
THE COURT: Okay.
THE COURT: All right. With the redactions. You can tell her what redactions you're doing.
MR. ROTTENBORN: Sure. Just those two middle texts, please.
THE COURT: All right. Plaintiff's 157, page 11. So, I'll call it 157 A, page 11 with redactions needed.
MR. ROTTENBORN: Your Honor, permission to publish this redacted exhibit.
THE COURT: All right. Yes, sir.
MR. ROTTENBORN: Mr. Depp, these are two texts that you sent to Isaac Baruch, the jury's heard from, on October 17th, 2016, and October 18th, 2016. Can you just read, for the jury, that first text?
MR. ROTTENBORN: Yes, please.
MR. DEPP: Sure. Mr. Rottenborn. "Is the slippery whore that I donated my jizz to for a while staying there?"
MR. ROTTENBORN: And can you, please, read the text under that, please.
MR. ROTTENBORN: I like to hear it.
MR. ROTTENBORN: No, I'll go ahead and read it.
MR. ROTTENBORN: So, you tell Mr. Baruch, on October 18th, 2016, "Hopefully that cunt's rotting corpse is decomposing in the fucking trunk of a Honda Civic!!"
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: You can take that I down, Michelle, please. And can you, please -- can you, please, pull up Exhibit 485, Defendant's Exhibit.
THE COURT: Defendant's Exhibit 485.
MR. ROTTENBORN: Do you recognize this as a text exchange that you had between you and Amber Heard on September 28th, 2015?
MR. ROTTENBORN: Your Honor, I move for I the admission of the exhibit with just -- happy to have all of it or just Mr. Depp's, depending on what his counsel wants.
THE COURT: Give them a moment to read it.
MR. ROTTENBORN: Of course.
MS. MEYERS: We're happy to have Mr. Depp and Ms. Heard's portions admitted, but we would ask that the phone numbers be redacted.
MR. ROTTENBORN: Of course.
THE COURT: So you can redact the identifying information.
MR. ROTTENBORN: All right. 485 in evidence as redacted.
MR. ROTTENBORN: Can you blowup the top text, Michelle, please.
MR. ROTTENBORN: And I'm not going to read the whole text, Mr. Depp, but if you start four lines down, I 7 you say "And I'm on such a beastly headfuck from earlier, that I feel like I won't know what to do, or how to be ...
MR. ROTTENBORN: I feel like I only just continue to piss you off!!! Believe me, I never want to hurt you!!! NEVER ALWAYS HAVE NEVER WANTED TO HURT YOU!!! NEVER I don't want to be in that position anymore!!! Not ever again!!! I feel pushed and I push back. I feel hurt... I will hurt back. A fight commences, I WILL fight back!!! And, obviously, so will you!!! But, I can't again to see it coming... It puts us both in some stubborn space where neither of us can hear, much less, understand one another's position!!!
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Can we pull up Exhibit 186, please.
MS. MEYERS: May I just make a point or clarification for DX485? It's a multipage exhibit.
THE COURT: Oh, is it?
MS. MEYERS: I just want to make sure it's just this page.
MR. ROTTENBORN: Yes, it was just that page.
THE COURT: What page is it?
MR. ROTTENBORN: Page 1, 1 of 8.
THE COURT: So that will be 485A, page 1.
MR. ROTTENBORN: Yes.
THE COURT: Thank you. Thank you, Ms. Meyers.
MR. ROTTENBORN: Mr. Depp --
MR. ROTTENBORN: If you could go to the first page, Michelle, please.
MR. ROTTENBORN: This is a text exchange between you and Ms. Heard on September 6th, 2013, correct?
MR. ROTTENBORN: September 6th, 2013, I believe. You see that in the lower right of the text boxes?
MR. ROTTENBORN: Starts on the 5th, right. And then I was looking at the one that starts "Thank you for your letter." That's September 6th, correct?
MR. ROTTENBORN: Okay. And then if you --
MR. ROTTENBORN: Your Honor, I'd move for admission of this document, starting with the text that says "Thank you for your letter," and happy to have both texts or not, depending on what Mr. Depp's counsel argues, but "thank you for your letter," and then going into the next page, through the text that says "I have other uses."
MS. MEYERS: Could we, please, scroll down, just to see a little further?
MR. ROTTENBORN: Can you scroll down a little bit further? Thank you.
MS. MEYERS: Can we, please, continue down further. I think we would like through the text messages on the third page, through Mr. Depp's text at September 6th, 2013, at 8:10 a.m.
MR. ROTTENBORN: No objection to that. That's fine.
THE COURT: All right. So Defendant's Exhibit 186, pages 1 through 3, then, as redacted; is that correct?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: So 186A, pages 1 through 3 as redacted. Okay.
MR. ROTTENBORN: Can you just scroll down so counsel can see and the Court can see if the redactions are right.
THE COURT: All right.
MS. MEYERS: Looks correct, thank you.
THE COURT: All right. Enter into O evidence, then, 186A.
MR. ROTTENBORN: Permission to publish?
THE COURT: Yes. Thank you.
MR. ROTTENBORN: If you can --yeah, there we go.
MR. ROTTENBORN: So, Mr. Depp, on September 6th, 2013, you send Ms. Heard a text that says "Thank you for your letter ... I love you."
MR. ROTTENBORN: Scroll down.
MR. ROTTENBORN: She writes "Thank you for mine."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And then you write "The only reason we go for the throat is love ... "
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: And then she writes "My throat is yours ... You're going to be the death of me. But I don't care."
MR. ROTTENBORN: And then you write "I have other uses IO for your throat, which do not include injury ... "
MR. ROTTENBORN: "I have other uses for your throat which do not include injury. "
MR. ROTTENBORN: These are your words, sir, right?
MR. ROTTENBORN: I read that right, correct?
MR. ROTTENBORN: Take that down. Can you pull up Exhibit 483, please.
MR. ROTTENBORN: This is a journal that you and Amber would write to each other in, correct?
MR. ROTTENBORN: It's a picture of a journal, right?
MR. ROTTENBORN: Okay. And this is an entry that you made on September -- looks like September 27th, 2015; is that right?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: And, Your Honor, I'd move for -- is there another page below it? Okay. I'd move for the admission of these two pages as Exhibit 2 -- sorry, 483A. ;12
THE COURT: Any objection?
MS. MEYERS: No objection.
THE COURT: 483. That's the first and second page of that exhibit, correct?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: All right. In evidence. 1 s
MR. ROTTENBORN: Permission to publish?
THE COURT: You can publish.
MR. ROTTENBORN: And if you can scroll down, Michelle, to the bottom that starts with "I love and adore you," please.
MR. ROTTENBORN: Mr. Depp, you write in this journal, and just to be clear, this journal is something that you and Amber would write notes to each other in that the other would be supposed to read, is it correct?
MR. ROTTENBORN: You wrote "I love and adore you - I can't express how sorry I am for having stooped so low as to have spewed such vicious untruths for the sole purpose of hurting you - I'm far from being proud of myself for such a" -- next page -- "...shameful, grievous error... I am... will never allow myself to resort to such disgraceful and odious behavior ... No matter what!!!"
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Can you, please, pull up audiotape 396, please.
THE COURT: Has that already been entered in evidence, 396?
MS. MEYERS: Is it plaintiff's or defendant's exhibit? Sorry.
MR. ROTTENBORN: I'm told we think it's plaintiff's exhibit.
THE COURT: Plaintiffs Exhibit 396. Is it in evidence?
MS. MEYERS: No.
THE COURT: No. 396, plaintiff's.
MR. ROTTENBORN: And this is another one of those, Your Honor, that I'm pretty sure it's just between the two, but I would like to confirm.
THE COURT: 396A. Which part are you playing?
MR. ROTTENBORN: 7:09 to 7:19 and 20:04 to 20:23.
THE COURT: And this is just the two in those two clips?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Any objection to those two clips?
MS. MEYERS: No, Your Honor.
THE COURT: Okay. 396A entered into evidence.
THE COURT: Go ahead.
MR. DEPP: "I'm not. You're a cunt. I fucking hate you. I fucking hate you and I want out. Fuck this. Goodbye, cunt."
MR. ROTTENBORN: In that portion of the recording, IO Mr. Depp, you tell Amber "you're a cunt" and you fucking hate her, correct?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Can we play the next portion, please.
MR. ROTTENBORN: So the first clip was at about seven minutes in and this is about 20 minutes in. So, that was about 13 minutes later, correct, if I my math's right?
MR. ROTTENBORN: Could you pull up Exhibit 180, please.
THE COURT: Defendant's 180?
MR. ROTTENBORN: Yes. Can you scroll down, please.
MR. ROTTENBORN: I believe you've testified, Mr. Depp, I you did not like Ms. Heard expressing her ! 11 disapproval of your drinking and drug habits, correct?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Let's go to the first page of this, please.
MR. ROTTENBORN: This is text messages from you to Ms. Heard on, looks like, July 19th -- or sorry, July 9th, 2013. Do you see that?
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: And is it just two pages? Okay. Three. Your Honor, I'd move for the admission I of Defendant's Exhibit 180.
THE COURT: Any objection? Or do you need to look at the three pages?
MS. MEYERS: Yeah., I think we saw the first two. Can we just see the third?
MR. ROTTENBORN: Sure.
MS. MEYERS: Yes, that's fine.
THE COURT: No objection. 180 in I evidence. Any redactions needed?
MR. ROTTENBORN: I don't believe so.
THE COURT: No identifiers?
MS. MEYERS: Doesn't appear to be.
MR. ROTTENBORN: It's your lucky day.
THE COURT: There you go. 180 in I evidence. Then you can publish.
MR. ROTTENBORN: And when it says Steve here, Mr. Depp, that's what Ms. Heard referred to you as, correct?
MR. ROTTENBORN: And you referred to her as Slim, right?
MR. ROTTENBORN: And so you text her "Rears??? Ahlm!!! Tears??? Beers??? Shears??? Sapphires??? Lears??? Jeers??? Peers??? Queers??? Here's??? Faquirs??? Mouseketeers ears???
MR. ROTTENBORN: " ... I can go all night... DJ Maxipad!!!
MR. ROTTENBORN: "The old vintage motherfucker you went for ... Dumbass."
MR. ROTTENBORN: Below that, you write "Don't call me again and do NOT expect anything from me."
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Let's go to the next page, please.
MR. ROTTENBORN: Eat salad with your equine and bovine burps ...
MR. ROTTENBORN: "And thanks for the support ... Have a great shoot!!!
MR. ROTTENBORN: "You sicken me.
MR. ROTTENBORN: "Leave me fuckin' be, Officer square head ...
MR. ROTTENBORN: "Your display of guilt and matronliness as a lesbian camp councilor was plenty ... Your future is on display. Best of luck. "
MR. ROTTENBORN: Thanks for the correction.
MR. ROTTENBORN: "Best if luck ... and ... Thanks for the tunes.
MR. ROTTENBORN: "Bye. "JD.
MR. ROTTENBORN: "Don't call again ... I will begin to feel embarrassed for you ... Go away, Coach. Hup!!! Done."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Otherwise, did I read that right? Sure. You agree that referring to Amber as a "lesbian camp counselor" is a highly offensive reference to make, correct?
MR. DEPP: What's the date here? 2013? It wasn't as -- considered as egregious. There was a bit more understanding about terms, Amber also called IO herself a lesbian camp counselor many times. So, I don't think I'm the first to say that.
MR. ROTTENBORN: You'd agree that there's nothing I appropriate about referring to your girlfriend or fiancee as that, in those disparaging terms in that text, correct?
MS. MEYERS: Objection. Compound.
THE COURT: All right. Sustained. Compound.
MR. ROTTENBORN: You'd agree you meant the terms in your text as an insult because you didn't like the fact that she was disapproving of your alcohol and drug habits; is that right?
MS. MEYERS: Objection. Compound.
THE COURT: Sustained compound.
THE COURT: You don't answer that, sir.
THE COURT: Next question.
THE COURT: That's okay. ,9
MR. ROTTENBORN: If you can go up one O page, please.
MR. ROTTENBORN: You told her "You sicken me. Leave me fuckin' be, Officer square head," correct?
MR. ROTTENBORN: Let's go to Defendant's Exhibit 736, please.
MR. ROTTENBORN: Can you scroll down, please. Is that the last page? Some more. Go up, then, please.
MR. ROTTENBORN: Now, Mr. Depp, I'd like to direct your attention to the text at the bottom. We've heard some testimony in this case, the jury's heard testimony in this case about the events of May 21st, 2016.
MR. ROTTENBORN: These texts are texts that you and Amber exchanged on May 22nd, 2016?
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: For the admission of Defendant's Exhibit 736.
THE COURT: All right. Any objection?
MS. MEYERS: Well, the identifiers need to be redacted, and I just want to clarify that the three pages we scrolled through are the only three pages.
MR. ROTTENBORN: Sure. Let's take a look at them right now.
MR. ROTTENBORN: It's just those two pages.
THE COURT: Three pages or two pages?
MR. ROTTENBORN: Just two.
MS. MEYERS: If it's just these two, then that's fine.
THE COURT: Okay. We'll take out the identifiers, please.
THE COURT: All right. 736 in evidence as redacted.
MR. ROTTENBORN: Thank you.
THE COURT: Uh-huh.
MR. ROTTENBORN: Mr. Depp, if you can take a look at the text messages at the bottom of the first page.
MR. ROTTENBORN: You write to Ms. Heard, the day after the incident on May 21st, 2016, "Just let me know when you have a minute and I'll give you a call... Nothing I have to say to you should elicit anything but a sense of ease ...
MR. ROTTENBORN: "All my love and profound apologies ... "J." Did I read that right?
MR. ROTTENBORN: Can we go to 771, please.
MR. ROTTENBORN: Mr. Depp, is this a text message from you to Ms. Heard on May 22nd, 2016?
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Your Honor, I move for the admission of this exhibit, with identifiers l ,4 redacted.
THE COURT: Any objection?
MS. MEYERS: No objection.
THE COURT: All right. If you do those redactions.
MS. MEYERS: All right. 771 in evidence, with redactions.
MR. ROTTENBORN: And on May 22nd, 2016, you wrote the text that we just saw. You also texted Ms. Heard "Sorry if was a bit... Please know that my hurt toward you is over ... My apologies are eternal and belong to you!!! Solid. X." Did I read that right?
MR. ROTTENBORN: Can we, please, pull up Exhibit 586. And, Your Honor, this is an audio recording that will take about five or six minutes. It might take us toward the end of the day.
THE COURT: 587. And is that an audio recording just between --
MS. MEYERS: Is this Plaintiff's or defendant's 587?
MR. ROTTENBORN: It's defendant's. Again, I'm 99 percent sure it's just Is them.
THE COURT: Okay.
MR. ROTTENBORN: But I'll confirm.
THE COURT: Any objection?
MS. MEYERS: That's fine. Can you, please, just let us know what portions you're playing?
MR. ROTTENBORN: This will be 32:10 to 38:05.
THE COURT: Okay. I 1 s
MR. ROTTENBORN: Mr. Depp, before we move on, you and Ms. Heard saw each other in July of 2016, one final time, correct? You testified to that, right, that you saw each other in San Francisco?
MR. DEPP: We did I'm still not sm e if that was the final time. I believe the last time I saw her was in her divorce attorney's office, when the agreement was signed.
MR. ROTTENBORN: I believe I misspoke, Your Honor. I'm sorry, it's 586.
THE COURT: Same video that you're discussing, just the wrong number?
MR. ROTTENBORN: Yes, Your Honor. And what I would propose to play is 32:10 to 38:05.
THE COURT: So, we'll make it 586A, section 32:10 through 38:05, right?
MR. ROTTENBORN: Right.
THE COURT: And with your permission, I'd ask for us to play this for the jury.
THE COURT: Okay. Go ahead.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Actually, before we start, Mr. Depp, during this meeting that you had with her, at one point you tried to cut yourself with a knife, correct?
MR. ROTTENBORN: Okay. Let's play
MS. HEARD: I'm doing just fine. But that was the problem, it was my fault. Oh, my fault.
MR. DEPP: What a fucking nightmare. Do you want to cut me? Do you want to see some shit? You want a knife? I have one. (Indiscernible.) I'm done.
MS. HEARD: Uh-huh.
MS. HEARD: This is really pretty.
MS. HEARD: Do I want to cut you?
MR. DEPP: Yeah. You want an arm? You I want chest? What do you want? Where do you want b the scar? Where do you want it? Cut me.
MS. HEARD: Don't cut your skin. Please do not cut your skin. Please don't.
MS. HEARD: Why would I do that?
MS. HEARD: Don't. Please do not do that. Please do not do that.
MS. HEARD: Please don't. Please don't I cut yourself You don't want me to cut yourself
MS. HEARD: I know. I know it hurts. I feel the same.
MS. HEARD: You have it.
MS. HEARD: You have it.
MR. DEPP: Cut me. Anyway, (indiscernible) won't ask for this because he's a fucking conservative prick
MS. HEARD: Don't. Don't. Please don't. Don't cut yourself
MS. HEARD: Please don't cut yourself
MS. HEARD: Please don't cut yourself Please. I know it hurts.
MS. HEARD: I would never cut you.
MS. HEARD: I would never do that to you. Please don't.
MS. HEARD: I'm not a pussy.
MS. HEARD: Do me first.
MS. HEARD: NIR. DEPP: Not a problem Where do you want it?
MS. HEARD: Not on my arms.
MS. HEARD: NIR. DEPP: Not on your arms? Not on your arms?
MS. HEARD: "Do you want to be cut? Do you? Is this going to go to court? Do your cut.
MS. HEARD: IO part. don't.
MS. HEARD: Down.
MS. HEARD: The knife is really dull. NIR. DEPP: We'll have to use the sharp Don't, dammit. NIR. DEPP: Okay.
MS. HEARD: Don't, don't, don't, don't, NIR. DEPP: Don't you tell me.
MS. HEARD: Please don't do that. NIR. DEPP: Don't tell me.
MS. HEARD: Put the knife down. NIR. DEPP: Don't --
MS. HEARD: Just put the fuckin' knife NIR. DEPP: -- tell me.
MS. HEARD: Don't. Don't do that. Do not do that, Johnny.
MS. HEARD: NIR. DEPP: I want to look at you.
MS. HEARD: Please, you're going to -- NIR. DEPP: I want to look at you.
MS. HEARD: You're going to hurt yourself. Please stop.
MS. HEARD: I know you're in pain, but, stop. Please don't --
MS. HEARD: NIR. DEPP: There's a way for the pain to go away.
MS. HEARD: Well, it's not that. It doesn't make it go away, trust me.
MS. HEARD: NIR. DEPP: You don't fuckin' know.
MS. HEARD: I do know. It doesn't make it go away.
MS. HEARD: NIR. DEPP: Really?
MS. HEARD: Did it make you go away?
MS. HEARD: NIR. DEPP: Yeah.
MS. HEARD: It did Please don't do that okay There's love here. There is love here
MS. HEARD: There's Jove here. I wouldn't be here. I have no other reason to be here. NIR. DEPP: Maybe they'll all be gold diggers.
MS. HEARD: Can you stop playing games? IO Stop fucking with each other, please. Please, can you hold me? Just hold me.
MS. HEARD: NIR. DEPP: Come here.
MS. HEARD: The knife is really dull and it would be the worst thing in the world to use to cut me with.
MS. HEARD: NIR. DEPP: No one'I talk.
MS. HEARD: It would be too painful and dull and dirty to use.
MR. DEPP: That's the tip of the knife. The tip of the knife. What knife in this drawer is sharp?
MS. HEARD: Right? It's pretty.
MS. HEARD: NIR. DEPP: It will probably still cut.
MS. HEARD: No, no. Please do not -- do not -- don't. Don't, don't. You're going to hurt yourself. Don't. See, it's okay. Please is don't. Please don't cut yourself. Please. Please don't. Please stop. Please stop. Please. Don't hurt yourself, please.
MS. HEARD: NIR. DEPP: No, I won't hurt myself at all.
MS. HEARD: Please, Johnny. Please.
MR. ROTTENBORN: Your Honor, I think that might -- if it's okay for Your Honor, I'm probably going to move on to something else.
THE COURT: I assume you still have quite a bit of cross?
MR. ROTTENBORN: A bit. Not exactly sure.
THE COURT: All right. But more than we can do?
MR. ROTTENBORN: Yes. Okay.
THE COURT: All right. That's fine. so Ladies and gentlemen, looks like we've come to the end of our week, so I won't be seeing you again until Monday. So, since I won't be seeing you until Monday, I want to give you the large jury instruction I gave you, and I'll try to give you on each Thursday evening, just to remind you, since I won't see you for three days, okay? Remember it's the Court's instruction to you, the jury, that you not read anything about this case, O that you not watch anything about the case. You're not to listen to anything about this case.
THE COURT: This applies to television, newspapers, magazines, the Internet, any online sites.
THE COURT: Further, you're not to read, watch or listen to anything about this case on any social media networking sites such as Twitter, Facebook, Instagram, Snapchat, blogs 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 non-electronic means. This includes your family, friends, co-workers, acquaintances, and strangers.
THE COURT: I also instruct you that you cannot do any research or make inquiries about this case, whether online or by any other means. What you learn about this case is limited to the four walls of this courtroom when proceedings are underway.
THE COURT: All right. So I hope you have a safe and quiet weekend, and we'll see you Monday morning, bright and early, okay? Thank you, you're excused for the weekend.
THE COURT: All right. So you can sit down with your attorneys, Mr. Depp. You can sit down with your attorneys.
THE COURT: So, tomorrow, I won't see the litigants anymore. Obviously, no posting on social media, no talking to the press from Mr. Depp or Ms. Heard.
THE COURT: The attorneys, I'd like to see you at 9:00 tomorrow, if we can start at 9, please, so we can start with the deposition designation objections. If you could, send that list to me or to Sammy. You don't have any more depositions we need to go through? We've done all yours?
MS. MEYERS: (Indiscernible), Your Honor.
MS. BREDEHOFT: I have ten that I sent them last weekend. We've sent all of our withdrawals and objections, et cetera. I don't I have any of theirs back.
THE COURT: We can do what we did last , 14 week with the round-robin. The more attorneys you I bring, the more round-robin we can do. That I seemed to work okay. We'll just keep doing it until -- we went to 6:30 last week. Hopefully we can get done before then, but we'll stay until I they get done.
MS. MEYERS: And we do intend to be sending our --
THE COURT: That's fine. We can I discuss it tomorrow at 9. Any redacted exhibits that you're going to have for me, because now I'm owed quite a bit, if you can bring those as well, I whatever you can. Okay?
MS. MEYERS: Your Honor. if I may approach. I have two from yesterday.
THE COURT: Number 40, hopefully. Still waiting on 40. 40's on my first page. I O was hoping I could get that quick.
MS. MEYERS: I actually think that 40, we've replaced with 41. And if you have 41, I think we mutually agreed that it would be 41 that we offered in.
THE COURT: I have 40 in evidence, so we'll figure that out. You can look and see if there's something on that.
THE COURT: Which ones do you have for me?
MS. MEYERS: It should be on the bottom It's 408.
THE COURT: 408, okay. Great. And then 492?
MS. MEYERS: I think it's 492A.
THE COURT: 492A. I don't have a 492. Do you have a 492?
THE COURT: 487 A?
MS. MEYERS: Oh, I'm sorry. 487, yeah.
THE COURT: All right, 487 A. Got it. Okay. We'll enter those into evidence.
MR. ROTTENBORN: You gave those to me right?
THE COURT: Do you have them?
MR. ROTTENBORN: Yes, we have those. And, Your Honor, if you could just remind the witness, since he's still on the stand, he's not to discuss his testimony with anyone, including counsel.
THE COURT: Right.
THE COURT: And, again, Mr. Depp, since you're still testifying, you can't discuss your testimony with anyone, to include your attorneys, okay?
THE COURT: Anything else?
MR. ROTTENBORN: No, You Honor.
THE COURT: All right. See you in the morning.
COURT BAILIFF: All rise.
[SECTION HEADER]: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 22nd day of April, 2022. My Commission Expires: September 30, 2024 NOTARY PUBLIC IN AND FOR THE COMMONWEALTH OF VIRGINIA