Johnny Depp — Cross/Redirect
1,605 linesCOURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: Good morning. Everything good now, Judy? COURT REPORTER: Yes, ma' am.
THE COURT: All right. Do we have any preliminary matters before the jury?
MR. ROTTENBORN: Just a few preliminary matters, Your Honor.
THE COURT: Okay.
MR. ROTTENBORN: One, we have redacted exhibits for the Court from last week. We've given them to Ms. Meyers this morning, and they've confirmed they look okay to them.
THE COURT: Okay.
MR. ROTTENBORN: So here are paper copies, and the thumb drive contains electronic copies of these as well as the excerpted audio recordings that were played.
THE COURT: Okay. Well, I kind of need a thumb drive for each audio recording.
MR. ROTTENBORN: Oh, a separate thumb drive for each?
THE COURT: It's marked as different exhibits, so I have to have different exhibits.
MR. ROTTENBORN: We can have that for you by tomorrow.
THE COURT: Good. We'll go through what we have. And you have yours as well?
MS. MEYERS: Yes, Your Honor. If I may approach, I have --
THE COURT: Okay.
MS. MEYERS: This is Plaintiff's Exhibit 40 redacted and the photographs that were Plaintiff's exhibits --
THE COURT: Okay. Perfect. All right. Great. We'll go through those, and if we need anything else we'll let you know, okay?
MR. ROTTENBORN: Each of the excerpted recordings are on a separate audio file on the thumb drive. I understand you're saying you'd like a separate physical.
THE COURT: Just so we can have them numbered that way, correct?
MR. ROTTENBORN: Sure.
THE COURT: All right. I think you'd keep me happy. Yes.
MR. ROTTENBORN: No problem. I just have one more issue I would like to approach Is about.
THE COURT: Okay. Sure.
THE COURT: Yes, sir.
MR. ROTTENBORN: Good morning. We believe that Mr. Depp's testimony opened the door for the U.K. judgment. He testified that--
THE COURT: On direct?
MR. ROTTENBORN: On direct, he testified that six years ago that Ms. Heard made these allegations against him. And then he went on to say that he had to wait for his opportunity to address the charges, and he said, So I felt a responsibility of clearing the record the only way that I could get to the point where I could speak.
THE COURT: Okay.
MR. ROTTENBORN: And then later he says, on the next page he says, "This is actually the first opportunity that I've been able to speak about this case in full for the first time." So he's careful there to say "this case."
THE COURT: This case?
MR. ROTTENBORN: So what he's left the jury with is the impression that he talks about these accusations six years ago. He's leaving the jury with the impression that he's never had the opportunity to address the truth of those accusations, when the fact is -- the jury's left with the impression he's never been able to address them to this point.
THE COURT: All right.
MR. CHEW: I think he was very careful to avoid that, Your Honor. I think he's grasping at straws.
MS. MEYERS: 122 for damages. T DEPOS I believe thus is an issue
THE COURT: I don't think the door's been opened at this point.
MR. ROTTENBORN: Do I have your leave to refer to the article, ask about that article?
THE COURT: Which article?
MR. ROTTENBORN: The article that was the subject of the lawsuit, the op-ed -- not the op-ed.
MS. BREDEHOFT: Has nothing to do with this case.
THE COURT: I don't know which article you're talking about.
MR. ROTTENBORN: We'll just take it as it comes, Your Honor.
THE COURT: I'm not going to allow that.
MR. ROTTENBORN: I just want to be very clear.
THE COURT: Perfect. I appreciate it.
THE COURT: Ready for the jury?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: All light. Thank you. Be seated. All right. Just a reminder, Mr. Depp, you're still under oath, okay, sir?
THE WITNESS: Yes, ma'am
THE COURT: Cross-examination.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: All light.
MR. ROTTENBORN: Good morning, everyone. I hope you had a nice weekend.
MR. ROTTENBORN: Mr. Depp, we talked about this a little bit, but you've testified that abuse can come in many forms, correct, physical being one of them, light?
MR. ROTTENBORN: Emotional?
MR. ROTTENBORN: Verbal?
MR. ROTTENBORN: Psychological abuse?
MR. ROTTENBORN: I would.like to talk -- understood. I would like to talk about some of that p1 abuse.
MR. ROTTENBORN: Can we pull up Exhibit 582, please. Your Honor, this is a recording, Defendant's Exhibit 582, that we will play the entirety of.
THE COURT: All right. Any objection to 582?
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. 582 in evidence.
MS. HEARD: Go put your fucking cigarettes out on someone else. You fucking have no consequences for your actions. That's it.
MS. HEARD: Yeah, you got me there.
MR. ROTTENBORN: Can you play that one more time, please, Michelle?
MS. MEYERS: Objection, Your Honor.
THE COURT: I'll sustain the objection. Move on.
MR. ROTTENBORN: Mr. Depp, when Ms. Heard tells you in that recording to go put your cigarette out on someone else, you don't deny that, but instead you simply say, "Shut up, fat ass"; is that correct?
MR. DEPP: I think that was another grossly exaggerated moment of Ms. Heard's. I did not put a cigarette out on her or throw a cigarette at her.
MR. ROTTENBORN: Let's pull up Exhibit 581, please. This is another recording that we'll play the entirety of with Your Honor's
THE COURT: Any objection to 581?
MS. MEYERS: No objection.
MS. HEARD: Go, "I fucked up," and cry in my bedroom after I had dumped you a fucking week prior, a fucking week prior, after you beat the shit out of me, and then a week later, you show in my -- show up at my doorstep in my room saying you want to say goodbye. Okay. Say goodbye.
MS. HEARD: Yes, you did say it. I'll go to the text messages so that we're clear on the tape.
MS. HEARD: Okay. No doubt. But you did not say you're going to come over, say goodbye?
MS. HEARD: You didn't say that to me?
MS. HEARD: Did you or did you not say you were coming over to say bye?
MR. ROTTENBORN: Can we please pull up Exhibit 598?
THE COURT: Is this is another audio?
MR. ROTTENBORN: It is, Your Honor, and I will give the excerpts that we proposed to play, and I'll say, Your Honor, this is a -- it's a lengthy recording where --
THE COURT: Well, I already have 598A in evidence.
MR. ROTTENBORN: Right. And I just wanted to clarify. Spoke with Ms. Meyers this morning. We're going to speak at a break. It's a -- we're trying to be very careful about whether there's a third party on the tape. This is one where at the very end, someone else comes in. But Ms. Meyers and I will speak and we may be, to the extent Your Honor's agreeable, we may be agreeable to just entering the whole thing as evidence. But for now since there's a very small portion at the end that we're not going to play of a third party, Is we'll just -- I'll just give you the excerpts, if that works.
THE COURT: Well, then I need 598B, and I need to know what the time of excerpts are.
MR. ROTTENBORN: Yes. We'll prepare that for you, Your Honor.
THE COURT: Well, I need it now. I mean ...
MR. ROTTENBORN: I have the excerpts.
THE COURT: Okay.
MR. ROTTENBORN: So this will be 598B, and it's seconds 1 through 20, and then it's 1 minutes 30 minutes and 2 seconds through 31 minutes and 45 seconds.
MS. MEYERS: No objection, Your Honor.
THE COURT: Thank you.
MS. HEARD: What is it?
MR. ROTTENBORN: Okay. So the next excerpt is minute 30 minutes and 2 seconds.
MS. HEARD: Nope. I meant exactly what I said.
MS. HEARD: At least I'm not doing it behind your back. I'm telling you. You gave me shit that I was recording, and I said "Yeah. I'm recording, but at least I'm telling you."
MS. HEARD: And if you had asked me not , to, I wouldn't.
MR. DEPP: Walking away -- and I will fucking stick to this until I die: Walking away is necessary, is necessary especially between you and I. It is of utmost importance because the next move if I don't walk away or just go out for a little while, it's just going to be -- it's just going to be a bloodbath like it, you know, like it was on the island, of course, like it was, you know -- it's just not worth it, no. It's just not worth it.
MS. HEARD: Yeah.
MS. HEARD: The options are there.
MS. HEARD: Please. Please, can we? Because I'm not trying to say -- hey, by the way, no one in their right mind is going to choose the bloodbath over walking away, obviously, if you're given the option between the two.
MS. HEARD: It's that snowball. It is not a distinct choice that either one of us make at any discernible point.
MS. HEARD: It builds, right? Like you build, I build. It isn't like at one moment either of us sign a certificate saying, or like sign a contract, or say, "Okay, now. Bloodbath." No. So acting as though there's a choice between IO the two is irrelevant. I'm not asking you to stay over having a bloodbath. I'm asking you -- I mean, over walking away. I'm not asking you to have a bloodbath over walking away. I'm asking you to work it out over prolonging it to making it bigger.
MR. ROTTENBORN: Can you please pull up Defendant's Exhibit 161, which was admitted into evidence on Thursday, Your Honor, I believe.
THE COURT: Okay. Yes, it was.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Now, that recording that we just heard, PLANE Mr. Depp, isn't the first time that you refer to an argument as a bloodbath. In fact, in this text exchange that we saw on Friday, when you informed Ms. Heard that there exists a book entitled "Disco Bloodbath," and she asked you if it is "about last Friday night by any chance," you say, "How can you make me smile about such a hideous moment? Yes, it is. Funny bitch.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Can we pull up Exhibit 586, please?
MR. ROTTENBORN: Your Honor, the only portion of this exhibit that we plan to play to recording is minute 7:35 to 8:20.
THE COURT: Okay. But I already have a 586A.
MR. ROTTENBORN: So this will be 586B, if...
THE COURT: 7:35 to what?
MR. ROTTENBORN: 8:20.
THE COURT: Thank you. No objection to 586B?
MS. MEYERS: No objection, Your Honor.
THE COURT: 586B.
MS. HEARD: Yes, you do. Because you wouldn't have used that as a way to hit me. I was pouring my heart out to you. What do you to do? We get it. We get a stab in here. That's what you saw, huh? You listened to me cry, you know. Is that what you think? Or you just do it without thinking? You do it without thinking, huh? You don't get (indiscernible due to background noise) a stab in when you can. You throw a swing when you can. And what -- when better than to wait when I'm on the floor? Because that's when it's really good to hit someone.
MR. ROTTENBORN: Can you please pull up Plaintiffs Exhibit 366. This is another recording, Your Honor, that we would propose to admit all of although we will only be playing minute 3:20 through 3:38.
THE COURT: All right. So no objection to 366 in its entirety; is that correct?
MS. MEYERS: That's correct, Your Honor.
THE COURT: All right. 366 in evidence. Oh, Plaintiffs, I'm sorry.
MS. HEARD: Talk louder. Every other O man I know, every other relationship I know, other man is like, "Oh, yeah. Shit," and you go louder. Every single time you get --
MR. ROTTENBORN: Can you please pull up this were used on Thursday, so with your leave, Plaintiff's exhibit 396. Your Honor, portions of we'd like to introduce this as 396B with the following excerpts: 2:44 and O seconds through 2:44 and 16 seconds, and then 2:49 and 30 seconds through 2:49 and 55 seconds.
THE COURT: All right. Any objection to 396B?
MS. MEYERS: No objection, Your Honor.
THE COURT: 396B.
MS. HEARD: (Indiscernible.)
MS. HEARD: (Indiscernible) selfishly I'm trying to help us.
MR. ROTTENBORN: If you could, please go to 2:49 and 30 seconds, please.
MS. HEARD: (Indiscernible.)
MS. HEARD: You shut up. Whenever you --
MS. HEARD: Stop. Get off me.
MS. HEARD: No. Wait, wait.
MS. HEARD: No.
MR. ROTTENBORN: You heard Ms. Heard say, "Get off me," right?
MR. DEPP: No, I did not. There's just screaming, "talk to you later." and then I heard, "I'll talk to you later."
MR. ROTTENBORN: Look at Exhibit 857, please.
THE COURT: That's Defendant's 857?
MR. ROTTENBORN: Yes, Your Honor.
THE COURT: Okay. This is another audio?
MR. ROTTENBORN: It's not, no.
THE COURT: Okay. Is there any ...
MR. ROTTENBORN: Mr. Depp, I'd like to direct your s attention to the second-to-last text on this.
MR. ROTTENBORN: This is a text from you to your agent, Christian Carino, on August 15th, 2016, correct?
MS. MEYERS: Objection, Your Honor. Relevance and prejudice.
THE COURT: If you could, approach for a moment. Could you make it a little bigger for me? Thank you.
MS. MEYERS: Your Honor --
THE COURT: 2016.
MS. MEYERS: This is, again, after the separation. They've already put in exhibits that they're using foul language after this point, and this is needlessly cumulative, and it's irrelevant.
THE COURT: What's the relevance?
MR. ROTTENBORN: Well, it's just the second-to-last text. It's not cumulative for a couple reasons, Your Honor. Number one, Your Honor allowed us to put in texts of violence that he wants to have happen to Ms. Heard. You already allowed the texts of Isaac Baruch, which was after -- those were after May 21st, 2016.
THE COURT: Oh, I understand that. But I don't see --
MR. ROTTENBORN: He -- this is the same thing. This is him saying -- the one at the bottom, "I hope that karma kicks in and takes the gift of breath from her. She's going to" -- second one up from the bottom, he refers to her -- and this is a document Your Honor's admitted into evidence that his violence toward Amber Heard, toward Alan Barkley (phonetic) on Friday in the deposition designations, and this is him talking.
THE COURT: This kind of makes it sound like it's cumulative
MR. ROTTENBORN: This is critically important that the jury see. This is what he's saying about Amber.
THE COURT: I mean, I can understand some of it, not all of it, obviously. Is not relevant.
MR. ROTTENBORN: That one --
THE COURT: One line?
MR. ROTTENBORN: When he says, "global O humiliation."
THE COURT: That's --
MR. ROTTENBORN: He says something like he hopes that "Karma gets the best of her; she will hit the wall hard," I can point to another exhibit right after this, Your Honor, 2014, he uses "hit the wall hard," he uses that same phrase. That's another reason I want to use that exhibit.
THE COURT: Doesn't say that in this particular text. Oh, here it goes.
THE COURT: THE COURT And then the next exhibit that I introduce, one where he says I PIANE think it's 2014, "She will hit the wall hard." This is language of violence.
THE COURT: There's a couple -- but it's engrossed in a lot of irrelevant information. It doesn't belong in here. So if you want to pick out those two, looks like "I'm so funny now she wants to act this out. She'll hit the wall," I'll allow that.
THE COURT: And then I think the one that O complicates (indiscernible) that's about it.
MR. ROTTENBORN: Okay. Well, I'd like to get it in to ask him about those.
THE COURT: If you could redact it to just those two.
MR. ROTTENBORN: Okay. Thank you, Your Honor.
THE COURT: We need to make progress here soon.
MR. ROTTENBORN: Okay.
MR. ROTTENBORN: Your Honor, for the sake of time, I'll go ahead, and may I ask the witness about the portions that we discussed and then --
THE COURT: Yeah, that's fine.
MR. ROTTENBORN: We can provide a redacted version?
THE COURT: Okay.
MR. ROTTENBORN: Mr. Depp, in this text message from you to Christian Carino, your agent, on August 15th, 2016, you tell him, you go on at some length about Amber, but you say "She will hit the wall hard!!!!" and then later down you say, "I can only hope that Karma kicks in and takes the gift of breath from her." Did I read that right?
MR. ROTTENBORN: Objection. Compound.
THE COURT: I'll allow it. Go on.
MR. ROTTENBORN: And this wasn't the first time that you talked about Amber hitting the wall hard.
MR. ROTTENBORN: Let's pull up Exhibit 213, please.
MR. ROTTENBORN: Let's take a look at --
MR. ROTTENBORN: You had answered my question. We'll take a look at the next exhibit.
MR. ROTTENBORN: Mr. Depp, this is a text that you sent to Bruce Witkin on February 4th, 2014, right at the top of the page.
MR. ROTTENBORN: On your screen, please.
MR. ROTTENBORN: The top text on the screen.
MR. DEPP: Okay. I didn't know if there was a specific - if it was third from the bottom or somewhere around the corner.
MR. ROTTENBORN: This is a text that you sent to Bruce Witkin on February 4th, 2014, correct?
MR. ROTTENBORN: Your Honor, move for admission of this exhibit with just that text displayed.
MS. MEYERS: With the redactions applied and also the identifiers.
THE COURT: Okay. Redactions and identifiers --
MR. ROTTENBORN: We have that ready.
THE COURT: All right. 213 in evidence with redactions.
MR. ROTTENBORN: Move for the admission of this. Permission to publish, Your Honor?
THE COURT: It is in evidence. You can publish it.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Mr. Depp, on February 4, 2014, you tell Mr. Witkin "Amber and I hit the wall hard."
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: And that's the same phrase that you used in your text to Mr. Carino in this text we just read, correct?
MR. DEPP: They are similar words, but they have different meanings if - I don't know if it makes sense to you.
MR. ROTTENBORN: Can we pull up Exhibit 498, please.
MR. ROTTENBORN: Mr. Depp, is this a text exchange that you had with Ms. Heard on or about October 28th, 2015?
MR. ROTTENBORN: And I'd like to direct your attention to the third text down.
MR. ROTTENBORN: Your Honor, I'd move for the admission of Defendant's Exhibit 498 with identifiers redacted.
THE COURT: Any objection?
MS. MEYERS: Relevance, Your Honor.
THE COURT: All right, let's --
MS. MEYERS: May we approach?
THE COURT: Okay. Sure.
MS. MEYERS: Your Honor, the relevance of Mr. Depp using an inappropriate word to describe someone other than Ms. Heard, I don't understand the relevance.
THE COURT: What's the relevance?
MR. ROTTENBORN: It's the violence that's been -- I want to show that he said this -- he's already opened the door and said he had such a loving marriage and relationship with Vanessa, so, at a minimum, it's impeachment. This is the type of -- they're hoping that he's a classy guy that never erupts. Amber's just brought out the worst in him This is showing that he had violent thoughts toward others as well. He keeps saying that he -- he testified repeatedly on direct about his peaceful tendencies and how it was only on Amber.
MR. ROTTENBORN: This shows that that's -- I'm sorry to do it, but there is a lot of horrible incidents of --
THE COURT: It is cumulative.
MS. MEYERS: Your Honor, these are words about someone that's not Ms. Heard. I don't understand the relevance, and if anything, they're offering it for improper character to suggest that -- because he uses bad words.
THE COURT: I'm going to sustain the objection at this time.
MS. MEYERS: Thank you.
THE COURT: All right.
MR. ROTTENBORN: Can you pull up Exhibit 330, please.
MR. ROTTENBORN: Mr. Depp, I'd like to turn your attention to the middle text on this page, which is a text from you to someone named Ryan A on January 12th, 2015.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Yes.
MR. ROTTENBORN: Yes.
MR. ROTTENBORN: Is that Ryan Adams, the singer? i -1--es, it i-:---
MR. ROTTENBORN: Your Honor, move for admission of Defendant's Exhibit 330, just plan on asking him about that text.
MS. MEYERS: Objection. Relevance, Your Honor.
MR. ROTTENBORN: Your Honor, I'm happy to approach if you want.
THE COURT: Okay.
MR. ROTTENBORN: It's directly toward his state of mind on how Ms. Heard --
THE COURT: Was it that date specifically? Is there something that happens on that date that's why we need to know about his state of mind on that date?
MR. ROTTENBORN: I'm not sure he was married. But he was with Ms. Heard that day. It was getting toward the wedding, and this is a man with --
THE COURT: But we've had so many substance abuse it's a cumulative nature --
MR. ROTTENBORN: I know. But that's --
THE COURT: If there's not a specific date tied to it.
MR. ROTTENBORN: It goes to his main -- he's testified to his main beef with Amber was that she didn't want him to be doing drugs, and he hated her for it.
THE COURT: I think we get that over the last day.
MR. ROTTENBORN: I'm going to have to hit it a little bit more. I want to --
THE COURT: If it's not tied to a specific date. I have to draw the line, we've got too much cumulative things. I've gone through all of the exhibits over the weekend, Rottenborn, and there's plenty in here about his substance abuse and his texts of substance abuse.
THE COURT: Until you tie it down to a date --
MR. ROTTENBORN: But it's not only substance abuse, but, the violence that grows from that.
THE COURT: This one just says hatred 2.26--
MR. ROTTENBORN: Then the next one -- we can discuss the next one. The next one he said that -- I'm going to try to get in this one Is from-- he texted her sober friend and said "The head is a C word with a grievous intent. That's why drugs are good." I mean, this ties into the pain that he's testified that he experienced and the fact that he numbs the pain with the drugs. I O He just --
THE COURT: I have a lot of exhibits that say that, Mr. Rottenborn. So it becomes cumulative. I'm going to sustain the objection at this time. If words are tied to a date, it's important in this case, okay?
MR. ROTTENBORN: We believe that the -- okay.
THE COURT: All right?
MS. MEYERS: Thank you, Yow- Honor.
MR. ROTTENBORN: Can you pull up Exhibit 620, please.
MR. ROTTENBORN: Mr. Depp, I'd like to turn your attention to text Number 40.
MR. ROTTENBORN: It's the third one down.
MR. ROTTENBORN: This is a text from you to Malcolm Connolly; is that right?
MR. ROTTENBORN: Your Honor, I'd move for admission of this document with the third text down.
MS. MEYERS: If I just --
THE COURT: Sure.
MR. ROTTENBORN: And I'm happy to approach to discuss if Your Honor would like.
MS. MEYERS: Relevance objection again.
THE COURT: Okay. Do you want to approach?
MR. ROTTENBORN: I believe that February 10th -- you can correct me if you disagree, but I believe February 10th, 2016, is the date of that Sweetzer kitchen video that we
THE COURT: Right.
MS. MEYERS: I don't believe that that saw. date was ever established. I believe Mr. Depp asked you about the date of that.
MR. ROTTENBORN: Well, you can establish that with Amber.
THE COURT: I'll allow it at this time, again, redacted.
MR. ROTTENBORN: Thank you.
MS. MEYERS: Mr. Rottenborn, if that's coming in, we would like the contextual text messages as well if we might take a look, please.
MR. ROTTENBORN: I'm sorry?
MS. MEYERS: We would like to take a look and just make sure the contextual text messages are coming in with the one that you're directing Mr. Depp to.
MR. ROTTENBORN: I'm just going to I address the court. That was the text message that I would like to get in. I'm not sure what she's asking, Your Honor. \5
THE COURT: We'll just go forward with that text message for now, okay?
MR. ROTTENBORN: Mr. Depp, do you remember last week the jury saw the video of you, as you called it, "assaulting the cupboards" in that kitchen on Sweetzer Avenue?
MR. ROTTENBORN: And that was on or about February 10th, 2016, correct?
MS. MEYERS: Objection. Calls for ! 16 speculation.
THE COURT: I'll allow it if he can 1118 answer.
MR. DEPP: I don't know when that is from. I've asked for the metadata, I've asked for the data and received nothing.
MR. ROTTENBORN: Okay. This text you sent on February 10th, 2016, to Malcolm Connolly?
MR. ROTTENBORN: Malcohn Connolly is one of your security guards, correct?
MR. DEPP: Mal. I'm just at the point where I feel like I'm going to puke all the time. Once I get this shit moving and get meself out of her level of shit, I will never mention this cunt's name again, ever again. And the first prick that asks about her gets a warning. Should the single-cell prick decide to push it, he never forgets me and will always be remembered throughout his life as the
MR. ROTTENBORN: And in this text you say "Thanks, dear guy that got his fucking nose bit off, chewed up, and swallowed by Johnny Depp. While I do have some civilized bones in my body, just on a matter of principle, I must force him to watch me fulfill this promise of mangling this motherfucker of abuser. Love you, X." Did I read that right?
MR. ROTTENBORN: I'd like to tum to your views on Ms. Beard's career.
MR. ROTTENBORN: Can you please pull up exhibit 195.
MR. ROTTENBORN: I'd like to direct your attention to the second-to-last text from the bottom. This is a text message exchange between you and Ms. Heard on October 29th, 2013, correct?
MR. ROTTENBORN: Your Honor, I move for the admission of Defendant's exhibit 195 with the appropriate identifiers redacted.
MS. MEYERS: We would object on relevance grounds, Your Honor.
MR. ROTTENBORN: Your Honor, this is him expressing his views on her taking a meeting about a movie, her career.
THE COURT: Approach. Just come and approach.
THE COURT: How is that relevant?
MR. ROTTENBORN: He's jealous and he's controlling and he told her, "No movies. No meeting, no movies." This is what he says in that text message to her. It goes entirely towards his motive for abusing her. We're going to hear from Ms. Heard about this. This is directly relevant.
MS. MEYERS: Your Honor, it's his view on her. I mean, I don't have the context of this. I don't understand how that --
THE COURT: I guess it goes to his true O nature. I'll allow it. Did you have any objection to the page coming in, or did you just want the text?
MS. MEYERS: No, I would like the entire page.
THE COURT: All right. Just get the identifiers off.
MR. ROTTENBORN: Thank you.
THE COURT: Uh-huh.
THE COURT: All right. So 195 will be in evidence with redacted identifiers.
THE COURT: PLANE
MR. ROTTENBORN: Mr. Depp, you see the text from Amber that says, "I'm at a coffee meeting now"?
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Right there. So she tells you at 12:41 :00 p.m., "I'm at a coffee meeting now. Will be home soon."
MR. ROTTENBORN: And then you respond, "Holy crap horse, r no goddamn meetings. No movies. Why? Why do you deviate from our agreement? What species of meeting? Fuck it. Just tell me when you get home." Did I read that right?
MR. ROTTENBORN: You didn't want her to take the meeting that she was taking that day, correct?
MR. DEPP: It seems as though we had an agreement, what seems like we had an agreement to do something together. I'm actually asking what species of meeting. So this is not necessarily an angry text. It's just "Why do you deviate from our agreement?" It's not about her doing films. How do you think she got Aquaman, sir?
MR. ROTTENBORN: You tell her, "No goddamn meetings, no movies," because you didn't want her acting; you wanted to control her career, correct?
MS. MEYERS: Objection. Compound.
THE COURT: I'll -- hold on, Mr. Depp. Mr. Depp. All right. Yes, I'll sustain the objection. Next question.
THE COURT: That's all right.
MR. ROTTENBORN: We can move on. Exhibit 394, please, defendant's exhibit.
THE COURT: Thank you.
MR. ROTTENBORN: Mr. Depp, if you can take a look at the fourth text down, this is a text from you to Dr. Kipper on -- what's in the time stamp? I believe it was sent on March 8th, 2015, Australia time-stamped March 7th, 2015. Do you see that?
MR. ROTTENBORN: Your Honor, move for the admission of 394.
MS. MEYERS: No objection with the proper redactions of the rest of the text messages and identifiers.
THE COURT: Okay.
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: 394 in evidence with redactions.
MR. ROTTENBORN: Permission to publish?
THE COURT: All right. Yes. Yes, sir.
MR. ROTTENBORN: Mr. Depp, on this date, right after you had suffered an injury to your finger, you text Dr. Kipper, and you say, "Hi. Fucked, man. Had another one. I just cannot live like this. She is as full of shit as a Christmas goose. I'm done. No more. The constant insults, the demeaning, belittling most heartbreaking spew that is only released from a malicious, evil, and vindictive cunt. But you know what? Far more hurtful than her venomous and degrading endless educational ranting is her hideously and purposely hurtful tirades and her goddamn shocking treatment of the man she was meant to love above all. Here's the real mate. Her obsession with herself is far more important.
MR. ROTTENBORN: She is so fucking ambitious. She's so desperate for success and fame, that's probably why I was acquired, mate. Although she has hammered me with what a sad old-man has-been I am, Cowan has done me the most cruel of favors.
MR. ROTTENBORN: "I'm so very sad. I cut the top of my middle finger off. What should I do except, of course, go to a hospital? I'm so embarrassed for jumping into anything with her. Fuck the world."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: So even as you are ranting about Ms. Heard to Dr. Kipper, even as you are talking about her ambition and expressing your objections to that, you still admit to him that you cut the top of your middle finger off, correct?
MS. MEYERS: Objection. Compound.
THE COURT: All right. Sustain as compound.
MR. ROTTENBORN: You're complaining about her ambition . in this text to her -- to Dr. Kipper, correct?
MR. DEPP: I'm realizing that her ambition is far stronger than her supposed feelings for me, yes.
MR. ROTTENBORN: And there's nothing about this text that's trying to protect her?
MR. ROTTENBORN: And you tell Dr. Kipper, "I cut the top of my middle finger off," in this text, correct?
MR. DEPP: It's just the way it was worded. It doesn't mean that I actually literally cut my finger off after, at the age of 12, finding the only thing that gave me peace, which is playing the guitar. Very unlikely. Why didn't I start lopping off digits when I was 13, then?
MR. ROTTENBORN: Just the way it was worded. Now, Ms. Heard --
MR. ROTTENBORN: Ms. Heard wasn't the only one that had l a problem with you --
MR. ROTTENBORN: You can take that down.
MR. ROTTENBORN: Ms. Heard wasn't the only one that had a problem with your drinking and abuse of alcohol, correct?
MS. MEYERS: Objection. Compound.
THE COURT: All right. I'll sustain the objection.
MR. ROTTENBORN: Ms. Heard wasn't the only one who had a I problem with your drinking, correct?
MR. DEPP: Sir, if anyone had a problem with my drinking at any time in my life, it was me. The only person that I have ever abused in my life is myself.
MR. ROTTENBORN: In fact, you tried to hide your drinking from your daughter, Lily-Rose, didn't you?
MS. MEYERS: Objection. Relevance.
THE COURT: What's the relevance?
THE COURT: Sir.
MR. ROTTENBORN: Can we approach, Your Honor?
THE COURT: Okay.
MR. ROTTENBORN: Again, she's brought his kids into it. He said that they hated Ms. Heard. They didn't like her, blah, blah, blah. And he's testified that no one had a problem with his drinking. He said, "No one's had a problem but me." And here -- the next text I'm going to bring up is one where he says -- and this is directly contrary to his testimony so far -- he says, "Now Lily-Rose hates me because she thinks I'm drinking, and she's right but I can't admit it or I die in her eyes."
MR. ROTTENBORN: That's entirely relevant because it undermines --
THE COURT: What's the date?
MR. ROTTENBORN: January 21st, 2014, directly in the middle of their relationship.
MS. MEYERS: That's not tied to any incidents of abuse. I don't believe he's denied drinking during the relationship.
THE COURT: I'll allow that. We're moving forward at some point.
MR. ROTTENBORN: I am. I'm trying to go as fast as I can. I have a few more drug things to do and then ...
THE COURT: That sounds interesting.
MR. ROTTENBORN: I'm moving as fast as IO I can. I think I'm less than 30 minutes away.
THE COURT: All right. I'll overrule the objection. Move on.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: Thank you, Your Honor.
MR. ROTTENBORN: Can you pull up Exhibit 207, please. Scroll down, please. Thank you.
MR. ROTTENBORN: Mr. Depp, I'd like to direct your attention to the last text on this page. It's a text from you to Kevin Murphy. He was your estate manager, correct?
MR. ROTTENBORN: This is a text from you to Kevin Murphy, on January 21st, 2014, correct?
MR. ROTTENBORN: Your Honor, I would move for the admission of that portion of Defendant's Exhibit 207 with redactions.
MS. MEYERS: With the identifiers redacted, that's fine. Thank you.
THE COURT: All right. 207.
MR. ROTTENBORN: Permission to publish?
THE COURT: Yes, sir.
MR. ROTTENBORN: And in this text to Kevin Murphy on February-- sorry, January 21st, 2014, you say, "Just trying to get over my shocking discussion with Vanessa that lasted five-plus hours." Vanessa is your former partner, correct?
MR. ROTTENBORN: The mother of your children, that's right. And then you say, "I feel ill and have invested my guts into some side comer. Now Lily-Rose hates me because she thinks I'm drinking, and she's light. But I can't admit or I fucking die in her eyes. Thanks for that one, Vanessa. Come to master in main house.
MR. ROTTENBORN: Did I read that correctly?
MR. ROTTENBORN: Can you pull up s Exhibit 1092, please.
MR. ROTTENBORN: Mr. Depp, is this a picture of you passed out in a chair during daylight hours?
MR. DEPP: Again, isn't passed out - that's a very specific term. "Sleep" could be one. Passed out-
MR. ROTTENBORN: Let's try it this way: This is a picture of you in a chair, correct?
MR. ROTTENBORN: Move for the admission of 1092, Your Honor.
THE COURT: Any objection?
MS. MEYERS: Relevance, Your Honor.
MR. ROTTENBORN: Your Honor, I'm trying to move this along. When we stop with relevance --
THE COURT: Do you want to lay a foundation?
MR. ROTTENBORN: This is a picture of Mr. Depp. We've introduced another on Thursday, another --
THE COURT: Do you want to approach?
THE COURT: Thank you.
MR. ROTTENBORN: Just three of these I'm trying to --
THE COURT: I know. But what's the relevancy as far as what date? Do you have a frame for this?
MR. ROTTENBORN: Ms. Heard can testify to these. I don't know what the day is, but if he says it's him, and again --
THE COURT: It's him, but it's not relevant unless I get a time frame. If you'll wait until she gets on the stand and bring all wait until she gets on the stand and bring all these in, that's fine.
MR. ROTTENBORN: I'm happy to do that to speed it along. I believe they're all relevant. Because they all go toward his systemic drug abuse.
THE COURT: Well, maybe they are relevant, but that could have been taken yesterday; then it wouldn't be relevant. That's my problem She objected to relevance. I have to IO sustain at this time unless you lay a foundation.
MR. ROTTENBORN: Well, he's not going to know when.
THE COURT: Then I guess you have to wait until Ms. Heard.
MR. ROTTENBORN: I have pictures of him passed out on the floor --
MS. MEYERS: You have not allowed us to lay that foundation.
THE COURT: If you have pictures of him this past weekend passed out, they're not relevant.
MR. ROTTENBORN: I take your point. In I an effort to move along, I'll skip through these, and we'll bring them through Ms. Beard's ,3 testimony.
THE COURT: Okay. That would be perfect.
MR. ROTTENBORN: Can you take that down and put up Exhibit 470, Michelle, please.
MR. ROTTENBORN: Mr. Depp, is this, is the bottom text on this page a text exchange -- or a text message from you to your personal assistant, Stephen Deuters, on September 3rd, 2015?
MR. ROTTENBORN: Your Honor, I'd move for this admission of this exhibit with just that text and the appropriate redactions, Exhibit 470.
MS. MEYERS: Again, relevance, Your Honor. And cumulative.
THE COURT: I'll allow this one --
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: With the redactions.
THE COURT: With the redactions.
MR. ROTTENBORN: Permission to publish, Your Honor?
THE COURT: All right. Yes, sir.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Mr. Depp, in the efforts to move this along, I'm not going to read the whole thing, but I'm going to start with the word "main bits," which is five lines down. You write to Mr. Deuters on September 3rd, 2015, "Main bits needed are Xanax and Adderall, and I want no judgment from Kipper or Debbie." Kipper means Dr. David Kipper, correct?
MR. ROTTENBORN: And Debbie means Debbie Lloyd, your m! 15 sobriety nurse, correct?
MR. ROTTENBORN: Just found out from Joel last night how much I spent on having Kipper and Debbie around. Millions and fucking millions, mate, all the while Debbie just hung around, broad BCH, and gave me new meds like every two weeks. She was on set maybe four times. Wow, symbols, Sorry, just how it is.
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: Could we pull up Exhibit 587, please?
MR. ROTTENBORN: This is a recording, Your Honor.
THE COURT: All right. And I already have 587 A, so this is 587B?
MR. ROTTENBORN: 587B, Your Honor. excerpts to be played are 19:40 through 19:53 and 23 :04 through 23 :29.
THE COURT: Any objection?
MS. MEYERS: No objection, Your Honor.
THE COURT: All right. 587B in evidence.
MS. HEARD: I wanted you. I just so wanted to tell you I was thinking of you. I want to be able to talk to you. I thought you would keep clean and sober and that we would fix a Jot of our problems of our problems.
MS. HEARD: I know.
MR. ROTTENBORN: In that clip, Mr. Depp, you tell Ms. Heard, "I'm never getting clean and sober," correct.
MR. ROTTENBORN: Thank you.
MR. ROTTENBORN: Thanks.
MR. ROTTENBORN: Let's go to 23:04, please.
MS. HEARD: I mean, the big picture, the big scheme of things, it does nothing but hurt us. And why? Because the coke and booze doesn't make it easier for you to see how clearly that is April 25, 2022
MS. HEARD: All the coke you've done today and all the booze you've drank today --
MS. HEARD: Has it helped you?
MS. HEARD: Has it helped us?
MS. HEARD: Has it helped?
MS. HEARD: Yeah, I know because last -- yesterday you were a thousand times better. Yesterday did we get --
MR. ROTTENBORN: I would like to tum, now, to a few more of your words around the time that you went 119 into detox about how you viewed Amber's role in that process, Mr. Depp.
MR. ROTTENBORN: Can you please pull up Plaintiffs Exhibit 40. Plaintiffs Exhibit 40. And, Your Honor, 41 was admitted the other day, but I would like to introduce this as a separate exhibit.
THE COURT: So 120B, and that would be _ 40, you said, 4-0?
MR. ROTTENBORN: Yes, Your Honor. ,7
THE COURT: Okay. I 8 Any objection to that?
MS. MEYERS: If I may, it just came up on the screen.
THE COURT: Okay.
MR. ROTTENBORN: Mr. Depp, while they're looking at that, is the second text from the bottom a text that you sent to Amber's mom, Paige, on August 19th, 2014?
MR. ROTTENBORN: And this is when you were either in the middle of or finishing up your detox process from Roxicodone, correct?
THE COURT: All right. No objection?
MS. MEYERS: No objection, Your Honor.
THE COURT: Okay. 120B in evidence.
THE COURT: Do you want to publish? Oh, you did. As is, correct?
MS. MEYERS: With the other text messages redacted.
THE COURT: Okay. All right.
MS. MEYERS: Thank you.
MR. ROTTENBORN: Oh, with the -- sure.
THE COURT: Okay. You can publish.
MR. ROTTENBORN: And in this text message that you write Amber's mom on August 19th, 2014, you say "My Dearest Paige, how unbelievably kind and pure your message was. I am beyond thankful to have you in my life. There's no luckier man on this earth to have the strength that Amber gives me, and the full support of each of you individually that I've gotten helps immeasurably. I don't need to explain the horrors to you. You know as well as I. What you do need to know, that your daughter has risen far above the nightmarish task of taking care of this poor old junkie.
MR. ROTTENBORN: Never a second has gone by that she didn't look out for me or have g y her eyes on me to make sure that I was okay. Why in words are truly feeble in attempting to explain her heroism in a text. Suffice to say that I have never met or loved a woman or a thing more. She has the strength of a thousand men, and that is due to no one or nothing but you, sweetheart. Thank you. I love you. Your son out law. look at another document, Exhibit 272, please.
MR. ROTTENBORN: Is this a text message that you shared, Did I read that correctly?
MR. ROTTENBORN: I would like to take a text message exchange between you and Amber the following day, on April 20th, 2014?
MR. ROTTENBORN: Your Honor, I move for the admission of 272 and ask for permission to publish.
MS. MEYERS: With the identifiers removed, we have no objection.
THE COURT: All right. Remove the identifiers. 272 in evidence as redacted. You I can publish.
MR. ROTTENBORN: Now, Mr. Depp, you testified on Thursday that you saw nothing wrong with referring to Amber as a lesbian camp counselor when she was trying to get you to stop using drugs, but --
MR. ROTTENBORN: In this text, Mr. Depp, you say, "Just to let you know that I'm fine, my angel. I miss you, of course, but this was the right thing to do to speed up the process. I love you more than life. Yours, Steve."
MR. ROTTENBORN: Did I read that correctly?
MR. ROTTENBORN: You can take that down.
MR. ROTTENBORN: Now, you've brought this lawsuit about the op-ed specifically. But for years prior to the date that Ms. Heard wrote the op-ed, there were numerous negative news stories about you; you'd agree with that, correct?
MS. MEYERS: Objection. Compound.
THE COURT: All right. I'll sustain as I to compound.
MR. ROTTENBORN: For years prior to 2018, when Amber wrote the op-ed, there were numerous negative news stories about you that were released into the public, correct?
MS. MEYERS: Objection. Calls for I 7 speculation.
THE COURT: I'll allow it if he can answer.
MR. ROTTENBORN: Correct.
MR. DEPP: Yes. It all started with Ms. Heard going to - going directly to a court to get a TRO, which is with a bruise on her face and paparazzi. That was the sort of beginning of the ball rolling down the hill and gaining momentum.
MR. ROTTENBORN: There were lots of negative stories about you prior to May 27th, 2016, when Amber went into court, correct?
MS. MEYERS: Objection. Asked and answered.
THE COURT: Now it's 2016. I'll allow it if he can answer it.
MR. ROTTENBORN: There are plenty of negative stories about you prior to that date, weren't there?
MR. ROTTENBORN: Mr. Depp, I'm asking you a yes-or-no question. There was plenty of negative news stories about you prior to May 27th, 2016, correct?
MR. ROTTENBORN: Sure. But you just testified to the jury that it all started on May 27th, 2016. So that's why I asked you to clarify about the negative stories prior to that date. And you'd agree that there were, correct?
MR. ROTTENBORN: Permission to approach, Your Honor.
THE COURT: All right.
MR. ROTTENBORN: Your Honor, I have I here numerous exhibits in one sort of compendium, all press articles about Mr. Depp, if I may approach.
THE COURT: All right. Thank you.
MR. ROTTENBORN: May I approach the witness?
THE COURT: All right. Yes, sir.
MS. MEYERS: Your Honor, having IO received this, I would like to preemptively lodge a hearsay, lack of foundation.
THE COURT: He hasn't got them into evidence. Are you moving these into evidence?
MR. ROTTENBORN: No. I'm happy to approach, but they're certainly not being admitted for the truth of the matter asserted. But I'm happy to approach.
THE COURT: All right. Come forward.
THE COURT: I mean, if they don't come in, you're just going to use them to what?
MR. ROTTENBORN: So, yeah.
THE COURT: You said he said that there were articles written, so it's not impeachment. What is it?
MR. ROTTENBORN: So I'm going to introduce them as evidence -- so defamation we focus a lot on falsity, but the words also have to be defamatory. And the Schaecher case, Virginia Supreme Court case, 290 Va. 83, says that "Defamatory words" -- you have to have the defamatory sting -- "Defamatory words are those tending so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating with him," and then they go on to describe the nature of that.
MR. ROTTENBORN: The Court says, "We have stated that defamatory language 'tends to injure one's reputation in the common estimation of mankind, to throw contumely, shame, or disgrace upon him, or which tends to hold him up to scorn, ridicule, or contempt, or which is calculated to render him infamous, odious, or ridiculous." So this goes directly to elements that they have to prove in order to win this case, that not only were the statements false, but that they have had the defamatory sting. And so the fact that all of these articles, you know, a drop in the bucket, that these were out there, what I propose to do is to get him to admit that this headline is not hearsay. It's for his reputation what the public knew, whether true or not, and I'd just like to go through them, so that's why I gave them all to him at once, so we could move expeditiously through this. I will say one of them is the headline or the subject of the U.K.
MR. ROTTENBORN: Suit. I don't plan to emphasize that.
THE COURT: I don't see how they can get into evidence. If you maybe ask him.
MR. ROTTENBORN: I'll ask him about it. I don't need to get them in, but I would like to go through and get him to acknowledge that as of this date, an article was written that said why. And if they don't come into evidence, that's fine at this point. I think they'll be -- I think that that's very relevant, and under the Schaecher case, it goes to the heart of what he has to prove.
MS. MEYERS: Your Honor, most of these articles have absolutely nothing to do with the defamatory statements that were made in the op-ed, which is that he was an abuser of a woman. These are completely irrelevant.
MR. ROTTENBORN: Doesn't matter.
MS. MEYERS: This goes to a completely different aspect of reputation that's not at issue in this case.
MR. ROTTENBORN: Doesn't matter. It's reputation as a whole is what the Supreme Court says that you look at. "Or intending so to harm the reputation of another as to lower him in the estimation of the community," when you look at these articles, something by Ms. Heard saying, "Two years ago, I became a public figure representing domestic abuse" is a lot less likely to have any impact.
THE COURT: But this one doesn't come in. You can't ask him about this one.
MR. ROTTENBORN: Okay. I won't.
THE COURT: I have to go through these separately.
MS. MEYERS: Your Honor, I mean, the headlines themselves are hearsay. They lack any foundation. I mean, some of these are tabloids.
MR. ROTTENBORN: They're not hearsay. They're not being offered for the truth of the matter asserted.
THE COURT: But they are being offered because you're saying they ruined his reputation.
MR. ROTTENBORN: I know but it's something that says, "Apparently Johnny Depp was drunk." I don't care if Johnny Depp was drunk, but if that's out in the public, that's directly relevant to his reputation. I'm not saying that they prove something. I'm saying that the public knew -- that these were out there, and that's -- under the Schaecher case, that's the heart of the case, Your Honor. If he had been someone with a crystal clean record who had never had any negative press about him, whatever's being sued, whatever statement is the subject of defamation case is going to potentially carry more defamatory sting than someone who's had all of this stuff written about him
MS. MEYERS: Your Honor, an article does not establish what someone's reputation is.
THE COURT: It's out in the public because he's a public person, so I understand that. I'm just -- I'm just seeing which ones of these are cumulative.
MR. ROTTENBORN: That one that you're looking -- all right.
THE COURT: None of them come into evidence, but you can ask him about them
MR. ROTTENBORN: Thank you. I'll take that out.
THE COURT: And you're just doing the headlines?
MR. ROTTENBORN: Yes, nothing more.
THE COURT: And the dates, I assume?
MR. ROTTENBORN: And the dates, yes, I Your Honor.
THE COURT: The date of the op-ed again?
THE COURT: Is one.
MR. ROTTENBORN: December 18, 2018.
THE COURT: I think we already did this
MR. ROTTENBORN: We did. I'll take it I 7 out. I 8
THE COURT: You want to see the ones?
MR. ROTTENBORN: Yeah, okay.
THE COURT: If you want to switch stacks with me, I can -- if you want to make sure.
MR. ROTTENBORN: Sure.
THE COURT: You might take a look at I what I have.
MS. MEYERS: Thank you.
MR. ROTTENBORN: I'm just going to set these to the side.
MS. MEYERS: I would maintain my I relevance objection.
THE COURT: The court: It's reputation of a public person, so that's out in the public. They're not coming into evidence, but he can question about it and you can redirect about it as well. But I just want to make sure.
MR. ROTTENBORN: Your Honor, with this one, I would propose to read the title but then the subtitle as well.
THE COURT: Okay. That's fine.
MS. MEYERS: Can I see the subtitle?
MR. ROTTENBORN: After this, I only have one little module, and then I'm done.
THE COURT: Okay. Thank you.
MR. ROTTENBORN: Thank you, Your Honor. Can I get that back from the witness? Maybe it might make sense for me to --
THE COURT: That one. You can take mine if you like.
MR. ROTTENBORN: Okay. I think there were only four. I can just take his out really quick.
THE COURT: Okay.
MR. ROTTENBORN: Do you want to give this to the witness, please. And then this has the full set.
THE COURT: Okay.
MR. ROTTENBORN: But I'll let you know when I skip over one.
THE COURT: Okay. That's fine. Thank you.
MR. ROTTENBORN: Mr. Depp, if you could, please take a look at the stack of articles in front of you.
MR. ROTTENBORN: Mr. Depp, we're going to try to get through this as quickly as possible.
MR. ROTTENBORN: Well, we're going to talk about them. The first one is entitled from -- is from the Guardian.
MR. ROTTENBORN: Do you see that?
MR. ROTTENBORN: Yeah. And this is an article from November 15th, 2014, entitled "Apparently Drunk Johnny Depp Cut Off at Hollywood Film Awards"
MR. ROTTENBORN: "A Ceremony," correct?
MR. ROTTENBORN: And the next article is an article from May 7th, 2016. It's entitled, "Johnny Depp: Friends and Family Seriously Concerned About Him. Here's Why."
MR. ROTTENBORN: The next article, from May I st, 2017 --
MR. ROTTENBORN: Before Ms. Heard filed for restraining order, a year and a half before she I published -- no, sorry, this would be after May 1st, 2017, the headline is "Johnny Depp Has a Clear and Epic Sense of Entitlement, Ex-managers :15 Say."
MR. ROTTENBORN: That was in the Hollywood Reporter, I 1 s correct?
MR. ROTTENBORN: The next article, from May 10th, 2017, is entitled, "Johnny Depp: A Star in Crisis and the Insane Story of His Missing Millions."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: The next article, also from May 10th, 2017, a year and a half before the op-ed was published, says, "Johnny Depp Reportedly Drank Heavily and Was Constantly Late on the New Pirates Movie Set."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: The next article, also from May 10th --
MR. ROTTENBORN: Mr. Depp, please just respond to the I question that I'm asking you.
MR. ROTTENBORN: The next document, an article published in Vanity Fair on May 10th, 2017 --
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: The next one, May 25th, 2017, a year and a half before the op-ed was published, an article entitled, "Where did it all go wrong for Johnny Depp? After a string of flops and a ton of bad press, Johnny Depp's star power looks as wobbly as Jack Sparrow on a plank."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: The next one, Hollywood Reporter, May 27th, 2017, headline, "Pirates of the Caribbean: The Diminishing Returns of Johnny Depp."
MR. ROTTENBORN: Did I read that right?
MR. ROTTENBORN: July 12, 2017, "Why are all of Johnny Depp's movies bombing at the box office?" Did I read that right?
MR. ROTTENBORN: November 4th, 2017, a year and a month before Amber published the op-ed headline Johnny Depp allegedly showed up drunk to movie premiere reports say Did I read that correctly?
MR. ROTTENBORN: June 21st, 2018 --
MR. ROTTENBORN: Six months before the op-ed was published, Vanity Fair article, "The Real Reason. Johnny Depp Used an Earpiece on a Film Set."
MR. ROTTENBORN: Did I read that correctly?
MR. ROTTENBORN: June 24th, 2018, six months before the op-ed was published --
MR. ROTTENBORN: A Rolling Stone article entitled The Trouble with Johnny Depp Multimillion-dollar lawsuits a haze of booze and hash a marriage gone very wrong and a lifestyle he can't afford inside the trials of Johnny Depp Did I read that right I
MR. ROTTENBORN: And the last one, the last one, June 22nd, 2018, the Daily Mail, "Vodka for breakfast, 72-hour Drug Binges and Spending Sprees that Beggar Belief: Allison Boshoff reveals why Hollywood's reeling over what's being called 'Johnny Depp's career suicide note."'
MR. ROTTENBORN: Did I read that correctly?
MR. ROTTENBORN: Mr. Depp, you can't name --
MR. ROTTENBORN: A single actress who has benefited in her career by coming forward and stating that she was a victim of domestic violence, can you?
MS. MEYERS: Objection. Calls for 121 speculation.
THE COURT: I'll sustain the objection. 1'l Next question.
MR. ROTTENBORN: When Amber made abuse accusations against you in May 2016, fair to say it got a lot of press attention, right?
MS. MEYERS: Objection. Calls for speculation.
THE COURT: All right. I'll sustain the objection.
THE COURT: Next question.
MR. ROTTENBORN: When Amber made abuse allegations against you in May of 2016, you became aware that it got a lot of press attention, correct?
MR. ROTTENBORN: And she became associated with those abuse accusations that she made against you in I6May2016, correct, to your knowledge?
MS. MEYERS: Objection. Calls for speculation.
THE COURT: I'll sustain the objection.
THE COURT: Next question.
MR. ROTTENBORN: You became associated with those domestic abuse accusations that she made against you, correct?
MR. ROTTENBORN: And you understood that she became associated with those same accusations that she made, correct? You testified to that?
MR. ROTTENBORN: And you've talked about the immediate impact that those accusations on May 27th, 2016, allegedly had on your career, correct?
MR. ROTTENBORN: You testified earlier in your
MR. ROTTENBORN: But you didn't try to get the restraining order lifted in 2016, did you?
MR. ROTTENBORN: It's a yes-or-no question. You didn't try to get the restraining order lifted?
MR. ROTTENBORN: And you didn't have a divorce trial where you could respond to Amber's accusations of abuse in 2016, did you?
MS. MEYERS: Objection. Calls for a legal conclusion.
MR. ROTTENBORN: I'm asking if he had a trial.
THE COURT: I'll allow it.
MR. ROTTENBORN: You didn't have a divorce trial where you could respond to Amber's accusations of abuse, did you?
MR. ROTTENBORN: You chose not to --
MR. ROTTENBORN: And you didn't have a California divorce judge decide these facts, did you?
MS. MEYERS: Objection. Asked and answered.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: You chose not to try to clear your name at that time through any sort of legal proceeding, correct?
MS. MEYERS: Objection. Asked and answered.
THE COURT: I'll sustain the objection. Next question.
MR. ROTTENBORN: And you chose to sign a divorce agreement in which you stated that Amber had not made any false statements against you for O financial gain. We looked at that, correct?
MS. MEYERS: Objection. Asked and answered.
THE COURT: Asked and answered. I'll Sustain the objection.
THE COURT: Next question.
MR. ROTTENBORN: In fact, you waited until Amber wrote the op-ed in the Washington Post in December of 2018 to file a lawsuit against her, correct?
MR. ROTTENBORN: Can you pull up Plaintiff's Exhibit 2, please.
MR. ROTTENBORN: You chose not to sue The Washington Post in this lawsuit, correct?
MS. MEYERS: Objection. Relevance. Is Asked and answered.
MR. ROTTENBORN: It's not been asked and answered.
THE COURT: Hasn't been asked and answered, but I'm not sure what the relevance is.
MR. ROTTENBORN: You chose to sue only Ms. Heard and not the newspaper that published this article, correct?
MS. MEYERS: Objection. Compound.
THE COURT: Sustain as to compound.
MR. ROTTENBORN: You chose not to sue The Washington Post, correct?
MS. MEYERS: Objection. Relevancy.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: You only sued the author of this article, Amber Heard, correct?
MR. DEPP: Which seems she was the one making the statements. Yes, I had the opportunity to fight
MR. ROTTENBORN: Permission to publish Exhibit 2, Your Honor?
THE COURT: All right. Exhibit 2 already in evidence. Publish.
MR. ROTTENBORN: Mr. Depp, you realized that the only job for this jury to decide --
MR. ROTTENBORN: Its only job is to determine whether this op-ed, and this op-ed alone, is defamatory?
MS. MEYERS: Objection. Calls for a legal conclusion.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: This is the only writing that you are -- that's the subject of this lawsuit that you brought, correct?
MS. MEYERS: Same objection.
MR. ROTTENBORN: It's fact, Your Honor.
THE COURT: I'll allow that question. I'll allow that question.
MR. DEPP: This is a version of that story of the op-ed that I've never seen. The one that was published before the one that - the only one I've ever seen is the one that was published prior to this. They changed the title because they were in fear of trouble.
MR. ROTTENBORN: Well, I move to strike that last testimony, Your Honor.
MR. ROTTENBORN: Whether it's the online edition or this edition in the paper, this article is the only IO statement, the only publication of anything that's the subject of the lawsuit that you brought, correct?
MS. MEYERS: Objection. Asked and answered.
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: This op-ed, Mr. Depp, does not discuss any of the details of your relationship that we've seen in text and emails and recordings over the past few days, does it?
MS. MEYERS: Objection. Compound and asked and answered.
THE COURT: I'll sustain both I ! objections.
MR. ROTTENBORN: In fact, this article doesn't contain any details of your relationship with Ms. Heard?
MS. MEYERS: Objection. Asked and answered.
MS. MEYERS: States, Mr. Depp, is that in 2016, Amber made
THE COURT: I'll sustain the objection.
MR. ROTTENBORN: The only thing that this article accusations of domestic abuse, correct?
MR. ROTTENBORN: And she did that when she obtained a restraining order against you in 2016, correct?
MR. ROTTENBORN: And even if you disagree with the accusations that she made against you in May 2016, it is a true fact that she did make those accusations in 2016 and got a restraining order against you, correct?
MS. MEYERS: Objection. Compound, bi asked and answered.
THE COURT: Sustain the objections. Ms. Heard used in this article about getting a Next question.
MR. ROTTENBORN: To your knowledge, the words that restraining order against you in 2016, those are true, correct?
MS. MEYERS: Objection. Misstates the Is document.
THE COURT: All right. I'll sustain I IO the objection.
MR. ROTTENBORN: Can you go to the third paragraph.
MR. ROTTENBORN: Pull up the third paragraph, please.
MR. ROTTENBORN: The statement that, then two years ago Ms. Heard became a public figure representing domestic abuse, that is true, isn't it?
MS. MEYERS: Objection.
MS. MEYERS: Calls for a legal ,21 conclusion.
THE COURT: I'll sustain the objection. I'll sustain the objection.
MR. ROTTENBORN: And in 2016, for the first time publicly, Ms. Heard accused you of domestic abuse, correct?
MR. ROTTENBORN: Yes.
MR. ROTTENBORN: No further questions.
THE COURT: All right. Ladies and gentlemen, why don't we go ahead and take our morning recess for 15 minutes? Do not do any outside research, and do not talk to anybody about the case, okay? Come back in 15 minutes.
THE COURT: All right. So let's just come back at 12:05; shall we do that?
MR. ROTTENBORN: Thank you, Your Honor.
THE COURT: All right. Thank you.
COURT BAILIFF: All rise. Please be seated and com: to order.
THE COURT: All right. Are we ready for the jury?
THE COURT: All right Be seated and redirect.
MS. MEYERS: Good afternoon, Mr. Depp.
MS. MEYERS: Could we please pull up Plaintiffs exhibit 1.
MS. MEYERS: Mr. Depp, is this the version of the op-ed that you recognize?
MS. MEYERS: I would move Exhibit 1, Plaintiffs Exhibit 1, into evidence and ask that it be published to the jury.
THE COURT: All right. Any objection?
MR. ROTTENBORN: No objection.
THE COURT: All right. 1 in evidence and published.
MS. MEYERS: Mr. Depp, when did you see Ms. Heard's December 18, 2018 op-ed for the first time?
MR. DEPP: It was presented to me by one of my team I can't remember. But it was within a day or so of it, couple of days of it having been written, I believe.
MS. MEYERS: And what was your reaction when you saw ! 1 s it?
MS. MEYERS: Why were you shocked?
MR. DEPP: Because I, at that point, it had been a good, solid two or so years of this - of the accusations of the allegations planted firmly on my back, so something that I had to carry with me, and I just couldn't believe that it was continuing - that it was continuing in such a way that the - it was clear the more bad press, the more hit pieces that came out on me, the more of these stories of Ms. Heard and her righteous chase against me, it wasn't stopping. And it's difficult to - once you've chewed on it for a couple of years, it becomes pretty difficult to swallow anymore, as it was completely untrue.
MS. MEYERS: How did you feel when you saw the op-ed for the first time?
MR. ROTTENBORN: Objection. Asked and I answered just now.
MS. MEYERS: My prior question was about his reaction.
THE COURT: All right. I'll allow it.
MR. DEPP: Hurt Yeah, a blinding hurt. It was like somebody had hit me in the back of the head ,with a two-by-four. And, as I said, I had no - I had had no ability to speak prior to, because even if I had done an interview to try to explain myself, it turned into a hit piece. So my mouth was shut, and this was the opportunity where I thought something's got to be done. It's just got to be done. I couldn't take it anymore.
MS. MEYERS: When did you first learn that Disney was not going to recast you in the Pirates franchise?
MR. DEPP: It was probably two or three days after this op-ed appeared. One of my crew -- again, I don't remember who had sent me -- excuse me -- had sent me a piece that was in some magazine and Sean Bailey, who was the number 3 --
MR. ROTTENBORN: Objection. Hearsay.
THE COURT: I don't know yet. I'll overrule it at this point.
MR. ROTTENBORN: Thank you.
THE COURT: Yes, sir.
MR. DEPP: Sean Bailey, who was the third in line, I suppose, in the upper echelon of Disney, just basically said --
MR. ROTTENBORN: Objection. Hearsay.
MS. MEYERS: This is about him learning about it. It's not for the truth.
MS. MEYERS: Your Honor, this is --
MR. ROTTENBORN: As to what Sean Bailey It is the truth.
THE COURT: Do you want to approach?
MR. ROTTENBORN: She's soliciting IO testimony on what Sean Bailey said to him about what Disney was going to do with him. It's hearsay.
MS. MEYERS: Well, I was asking about how he learned about it.
THE COURT: Okay. Redirect him.
MR. ROTTENBORN: Thank you.
MS. MEYERS: Mr. Depp, could you please explain to the jury who Sean Bailey is? I think you were starting to.
MR. DEPP: Sean Bailey is the number 3 - or was at the time, I don't know what his status is anymore. But at the time, he was the number 3 sort of upper echelon of Disney top dogs, and Sean Bailey was quoted as saying that -
MR. ROTTENBORN: Objection. Hearsay.
THE COURT: All right.
MS. MEYERS: Mr. Depp, where was Sean Bailey quoted without getting into what he was quoted as saying?
MR. DEPP: He was quoted in whatever the article was that I was - that was brought to my attention.
MS. MEYERS: And can you please just clarify what article you're referring to?
MR. DEPP: I don't know what journal it came from. I don't know what magazine. I don't know any of that, so I don't know. I don't know who did the interview with him
MR. ROTTENBORN: Objection. Lack of foundation.
THE COURT: I'll overrule the objection. Go ahead.
MS. MEYERS: Mr. Depp, how did you feel when you learned that you were being dropped from the Pirates of the Caribbean franchise?
MR. DEPP: Well, it was - the Pirates of the Caribbean franchise, it was the character that - Captain Jack Sparrow was a character that I had built from the ground up and was something that I - I, of course, put a lot of - as you do with all characters, but you put a lot of yourself into the characters.
MR. DEPP: And also having worked on these films with these people and having added much of myself, much of my own rewriting of the dialogue and scenes and the jokes and whatever they are, I didn't quite understand how that - after that long relationship and quite a successful relationship, certainly, for Disney, that they would- that suddenly I was guilty until proven innocent.
MS. MEYERS: Up until the point that you learned that you were not going to be in the Pirates of the Caribbean franchise any longer, what was your intention with respect to future Pirates movies?
MR. DEPP: The last thing that I knew from the - I say the - there's the producer team, there's the creative team, and there were many discussions. I, in fact, had been approached to take part in writing Pirates 6.
MR. ROTTENBORN: Objection. Hearsay.
MS. MEYERS: Mr. Depp, what was your intention with respect to future Pirates movies, aside from what you'd been asked to do?
MR. DEPP: My feeling was that these characters should be able to have their proper good-bye, as it were. A franchise can only last for so long. And there's a way to end a franchise like that, and I thought that the characters deserved to have their - their way out of - to end the franchise on a very good note. I planned on continuing until it was time to stop.
MS. MEYERS: Mr. Depp, last week Mr. Rottenborn asked you about a quote where you said you wouldn't come back to the Pirates franchise for $300 million and a million alpacas; do you remember that?
MS. MEYERS: When, relative to learning that you would no longer be a part of the Pirates franchise, did you make that statement?
MR. DEPP: I think long before I made the statement, there was a very deep and distinct sense of having been betrayed by the people that I had been working with, the people that I had worked hard for, the people that I had delivered a character to that they initially despised, but somehow, you know, even -- I stuck to my guns with the character, and it seemed to work.
MS. MEYERS: Do you recall when, specifically, you made that statement about the $300 million and the hundred alpacas?
MR. ROTTENBORN: Objection. Asked and answered.
THE COURT: Overruled. I'll allow it.
MR. DEPP: I believe I made that statement during a press conference in the San Sebastian film festival when I was asked about my, well, situation And what year would that have been, if
MS. MEYERS: You can recall?
MS. MEYERS: Can you please pull up Plaintiffs Exhibit 804.
MS. MEYERS: Mr. Depp, do you recognize this document?
MS. MEYERS: What is this document?
MS. MEYERS: Could we --
MS. MEYERS: Could we scroll through so Mr. Depp can look at the rest of this document.
MS. MEYERS: Is this a contract that you entered into?
MS. MEYERS: Your Honor, I'd ask that Plaintiff's Exhibit 804 be moved into evidence and Is published. ,,1
THE COURT: Any objection?
MR. ROTTENBORN: I think it's outside Is the scope of direct or cross-examination.
THE COURT: I'll overrule on that objection.
MR. ROTTENBORN: Okay. And -- well, I'll reserve other objections to portions of the document, depending on what she's going to ask about. It could be hearsay.
THE COURT: She's asking to put it all I into evidence right now.
MR. ROTTENBORN: Well, then I would object to that at this point.
THE COURT: All right. You want to come forward?
MS. MEYERS: Your Honor, it's a contract. It's not hearsay. It's an agreement amongst partners.
MR. ROTTENBORN: Well, a contract can be hearsay.
MS. MEYERS: But it can be hearsay (indiscernible due to cross talking) it's a contract.
THE COURT: Is there a --
MR. ROTTENBORN: With the cover letter is (indiscernible) over the last --
THE COURT: The cover letter (indiscernible) of the contract.
MR. ROTTENBORN: Isn't their -- isn't he first page -- maybe not. No.
MS. MEYERS: This isn't the contract.
MR. ROTTENBORN: Is the first page the contract?
THE COURT: Let me see. It says, "Ladies and Gentlemen" --
MR. ROTTENBORN: Ladies and Gentlemen, right. So there's a cover letter.
THE COURT: All right. So if we took out the cover letter --
MR. ROTTENBORN: That's fine.
THE COURT: Just a contract without the cover letter.
MS. MEYERS: Certainly.
THE COURT: So 804 minus page 1.
MS. MEYERS: Okay.
MR. ROTTENBORN: Thank you.
THE COURT: All right.
THE COURT: So 804 will be in evidence other than page 1, not page 1, but the contract itself
MS. MEYERS: Mr. Depp, if --
THE COURT: You can publish the second page onward. And I expect to just get a redacted copy of that at some point.
MS. MEYERS: Okay.
MS. MEYERS: Mr. Depp, if I could direct your attention to section 6 of the contract, which is on pages 8 through 10 of the document, Mr. Depp, what does this reflect?
MR. DEPP: Sorry. It appears to be the agreement of Pirates 4 and 5 compensation and merchandise.
MS. MEYERS: Mr. Depp, at this time, how many other franchise films had you been a part of?
MR. DEPP: At that time, Alice in Wonderland, boy, Alice in Wonderland. I'm so pathetic when it comes to knowing what movies I've done. I'm sorry. I just-- I don't watch them. I feel better not watching them. I couldn't -- what was the question again?
THE COURT: Order in the court or I will have you removed. Understood? Thank you.
MS. MEYERS: How many other franchise films have you been a part of at the time of this contract?
MR. DEPP: There was a third. There was Pirates, Its there was -- oh, sorry. With Warner Brothers, Fantastic Beasts and Where to Find Them, and then Crimes of Grindelwald.
MS. MEYERS: And how does the compensation reflected in this contract compare to that, what you received for the other franchises that you've been a part of?
MR. ROTTENBORN: Objection.
MR. ROTTENBORN: Foundation.
MS. MEYERS: He just established that , Is he was a member of other franchise films at this point.
MR. ROTTENBORN: He hasn't established a foundation that he knows how he was compensated.
THE COURT: I'll overrule the objection. if you can answer.
MR. DEPP: I believe the compensation, obviously, all of the pay and back end and all those things, are negotiated by agents, lawyers, and this was - comparatively, this is - my salary on that film and other salaries were of a similar - of a similar status, I suppose.
MS. MEYERS: If I could direct your attention to the 12th page of the document --
MS. MEYERS: Is this your signature, Mr. Depp?
MS. MEYERS: Okay.
MS. MEYERS: We can take this down. Thank you.
MS. MEYERS: Mr. Depp, I recall that you testified that you don't know, during a given period, what movies you were working on. So my question is who would know that?
MR. DEPP: I do recall a couple of the other films that I had made after. One was initially called Richard Says good-bye, and that was -- they changed the name to The Professor. And during all of the nastiness over the past six years, that film went straight to pay-per-view.
MR. DEPP: There was another film called Minamata. It was produced -- it was my company of Infinitum Nihil, we had developed a film called Minamata, about Eugene Smith and the Minamata of -- well, the mercury poisoning of a very small fishing village in southern Japan. There was that one. And then there was a film called Waiting for the Barbarians, with Mark Rylance and Robert Pattinson. Those were three films that I'd done.
MS. MEYERS: Mr. Depp, during your
MS. MEYERS: Could you please explain to the jury what your relationship with Mr. Bettany is?
MR. DEPP: Mr. Bettany and I had - we met while I was making a film call The Tourist in Venice, and we were - it was an instant connection. He's born and bred in the U.K and has a - that English sort of dry, kind of obtuse, abstract sense of humor, and that was one of the things that we connected on is taking - even if it was a difficult or unpleasant situation, we would, you know, do our best to deal with it with humor, as opposed to just a constant complaint or whine or anything of that nature.
MR. DEPP: We dealt with it with humor, albeit, sometimes, as these are private texts, that have I been -- there was a lot of -- in context it's important to know none of it was ever intended to be real, and the language that's used, which I -- yes, I am ashamed that that has to be spread on Is the -- on the world like peanut butter.
MR. DEPP: I -- for example, the text that is about burning Ms. Heard is -- it's directly from Monty Python in a sketch about burning witches and then drowning the witches. This is a film that we'd all watched when we were ten, and it's just irreverent and abstract humor. That's what we were referring to in those texts.
MS. MEYERS: The text message that you just referenced, other than Mr. Bettany, who else saw that text message at the time that it was sent?
MS. MEYERS: Based on your own observations, how would you describe Mr. Bettany's relationship with Ms. Heard while you and Ms. Heard were together?
MS. MEYERS: Why was that?
MR. DEPP: Ms. Heard despised Mr. Bettany because -- mainly because we had become such close friends and for her he was a threat and would take me away from her with regard to if Paul Bettany was getting the attention from me, that was a showstopper. It would cause all kinds of unpleasantries to the point where we were on the island with Mr. Bettany, his wife, and his four children, Ms. Heard and Mr. Bettany got into some debate over lunch, and I just remember that whenever Mr. Bettany tried to make a point, she would talk over him and then it started to get quite rude.
MR. DEPP: She got mean and she got loud, and then his -- I believe it was his 18-year-old boy, who I was -- who was getting ready to go to a really -- he's a very bright, brilliant, kid, he entered the conversation because these -- this was something to do with what he'd studied in school and he knew quite a lot about it, and he voiced his opinion, and Ms. Heard demeaned that young man to the point of where he burst into tears and walked away. And it was at that point that I had And then I asked her - I asked her to - I thought it was best that she leave the island.
MS. MEYERS: Could we please pull up Defendant's Exhibit 245.
MS. MEYERS: And, Mr. Depp, I believe this is another text message with Mr. Bettany that you were shown on your cross-examination.
MS. MEYERS: And directing your attention to the text message at the top of the page from May 30th, 2014, do you recognize this text message you sent to Paul Bettany?
MS. MEYERS: And could you please describe to the jury what you are conveying to Mr. Bettany in this message?
MR. DEPP: This is, again, it's a -- this is a, I suppose, an example of the way that I write and express myself. That is to say, you stretch -- you stretch the -- you stretch your situation out to give them the understanding that you're drowning, essentially. So everything that I say here is in fact an impossibility for the human body. I would have been -- well, I would have certainly at least had to be rushed to the hospital for a stomach pump.
MR. DEPP: There's a line here that if you don't mind I say, when I say "I'm done," I'm admittedly too fucked, pardon me, fucked in the head to spray my rage at the one I love for many reasons as well. I'm too old to be that guy, but pills are fine.
MR. DEPP: Pills that were referenced were -- were the pills that I had had to -- or that I was coming off of, and they were the only thing that could give me some semblance of the same numbing effect that I searched for as a child with my mother.
MR. DEPP: And saying that I was too messed up in the head was - it's kind of like if you've been told since you were a child that everything you do is wrong, and that you shouldn't have even been alive, or whatever, you know, joyous little treats that my then very sick, very ill mother brought to me, Ms. Heard was well aware of my past, my childhood, therefore, was very adept at knowing exactly which buttons to push.
MR. DEPP: So at this point, I mean, I felt like - well, I was that little boy again in my head. Like, I guess I'm the - I guess I am incapable of doing anything right. I guess I will never be happy. I guess that this is who I am. I can't get along with this person. But it was - it's confusion. You know, it's nothing that you can - it's nothing that anyone could sustain for any length of time. It's nothing that anyone should have to sustain for any length of time when you're being demeaned, berated, judged, and treated like a lesser animal. I'm treated as if I'm only surrounded by yes men and that I'm a bad father and that - it was - these things were endless. They were endless and they - there was no call for them. It's hard to understand why someone that is supposed to love you could be that cruel. And I - there's also times where you just say, "Okay. I'm going to try to not have a - I won't fall for the argument. I won't participate in the argument," because I knew where it would go, into her circular pattern of psychological abuse.
MS. MEYERS: Mr. Depp, what do you mean when you use I the tenn "blackout" in this text message?
MR. DEPP: Blackout - oh, yes. Because I'm talking about a thousand Red Bulls and vodkas, a thousand of them, two bottles of champagne, no food for days, half a bottle of whiskey, those things, had that been all absolutely true, would have not only caused a blackout, but it would have caused a severe alcohol poisoning, overdose. I would have had to have gone immediately - if that were true, I would have had to have been taken to a hospital or just die. So, you know, blackout is when someone gets so drunk on alcohol, essentially on alcohol. But the pills that I had, my addiction, that I was addicted to, the Roxicodone, which are very, very powerful opiates, two of those would knock me out. That is to say, so there's blackout, which is you can be -- a person can be wide awake and wreaking havoc or having a giggle in a blackout and never remember it. But when you go -- when you are -- when you're taking the prescription medication, it knocks you out. You are certainly not -- well, you're not in any condition to, first of all, swing at anyone.
MR. DEPP: You are out. You go on what's called "the nod," and then it takes you away into is sleep. It's just very deep sleep. And I found that much more accepting than having to hear constant badgering and insults.
MS. MEYERS: Mr. Depp, I'd like to show you Defendant's Exhibit 153, which I believe Mr. Rottenborn also showed you last week.
MS. MEYERS: Do you remember seeing this during y g g Mr. Rottenborn's examination of you last week?
MS. MEYERS: Now, I'd like to show you the full text exchange which is in Plaintiff's Exhibit 120, and since there have been a number of text messages drawn from this document, this would be Plaintiff's Exhibit 120C.
THE COURT: Which page would that be or underscore?
MS. MEYERS: This would be 4 and 5, Your Honor.
THE COURT: 4 and 5? Thank you.
MS. MEYERS: Mr. Depp, do you recognize these text messages?
MS. MEYERS: Your Honor, I'd move Plaintiff's 120C into evidence and ask that it be published to the jury.
MR. ROTTENBORN: No objection, Your Honor.
THE COURT: All right. 120C in evidence and published.
MS. MEYERS: Mr. Depp, who are you communicating with in these text messages?
MR. DEPP: In fact, though it says "Merino," these are texts between my ex, Vanessa Paradis, the mother of my children, and this is, again abstract I humor that we're conveying back and forth to one another. This was all -- it was a joke. It wasn't about -- certainly wasn't about Ms. Heard. We didn't speak of her much together.
MS. MEYERS: Do you recall what you were talking about?
MR. DEPP: I don't recall who it was. I don't recall who it was, but it was someone who had, for some reason, I think it was -- oh. I think the possibility is that -- 2013. It might have been -- we had a nanny at one point who we, in fact, we had -- we found her -- she was caught stealing even from my, at the time, my -- yeah, maybe 10-, 11-year-old boy, Jack, who was bright enough, because he knew it, he was bright enough. He had a $5 bill that he waddled up and put on his desk in his bedroom. And when he came home from school-
MR. ROTTENBORN: Your Honor, I'm just going to object on relevance. The question was who was this about.
MS. MEYERS: We can move on. ,6
THE COURT: Okay. Exhibit 143, which I believe Mr. Rottenborn showed you last week. O Do you remember seeing this email exchange?
MS. MEYERS: If you could, scroll down as well, please. Thank you.
MS. MEYERS: Who are you exchanging these emails with?
MS. MEYERS: And what are you and Mr. Deuters discussing here?
MR. DEPP: Gobbledygook, essentially. It was, as I remember, it was a day of work, and there were
MS. MEYERS: Mr. Depp, I'd also like to show you times when I would send a text to Mr. Deuters. Because he's the worrisome type, I would send him a text in jest, of course, to get a rise out of him, to get some reaction out of him So, you know, I would tell him things like, you know, "I woke up, and I'm bleeding profusely from the inside of my ear. Is that normal?" You know, it would be things like that So this is exactly the same kind of thing. I think we're even referencing The Hangover, the film The Hangover in part of the Mike Tyson meat and sort of bizarre circus that I was telling him that I had in my room and that there was blood everywhere. It was a joke to just sort of throw him off where I am and make - ultimately, it was a joke and we were laughing about it.
MS. MEYERS: Mr. Depp, what, if any, portion of this email exchange is literally true?
MS. MEYERS: Mr. Depp, I would like to talk to you about some text messages that Mr. Rottenborn showed you where you referred to "the monster," and this is in context of in conversations that don't include Ms. Heard. Do you remember seeing some of those communications?
MS. MEYERS: First, I would like to show you Defendant's Exhibit 427, please, which is a text message from you to Jerry Judge.
MS. MEYERS: How are you using the term "monster" in this context when you're communicating with Mr. Judge?
MR. DEPP: The monster, the monster could essentially - the monster, it could be two separate things. The monster, in her eyes, was my-
MR. ROTTENBORN: Objection as to what the monster was in Ms. Beard's eyes, Your Honor.
THE COURT: All right. I will sustain as to her eyes, if you want to rephrase.
MS. MEYERS: Oh.
MR. ROTTENBORN: Same objection, Your Honor. What Ms. Beard's view of the monster was is not for this witness to say.
MS. MEYERS: Mr. Depp, how do you know how Ms. Heard defined the word "monster"?
MS. MEYERS: And what words did she say, with respect to the term "monster"?
MR. DEPP: It was her go-to phrase, and it was the go-to phrase for me being, again, you know, as has been embellished and elaborated, the drug use or the drink or the whatever. But the monster was, for me, and, again, you start to think about these things and you put it in your own head, what the real context is. The monster was sobriety. The monster was trying to be -- to be sober because I was plagued by these requests to stop drinking.
MR. DEPP: But the monster could also be -- if a -- if a conversation, if something starts as a conversation, which would quickly ramp up to quite an antagonizing argument, if I responded to her, if I took part in the verbal back-and-forth, where people do in life, and of saying obscenities, screaming obscenities at one another, or calling them names, when it gets to that point, I mean, the monster was just the - for me, it was just the guy who actually was dumb enough to continue to take part in arguments that would ultimately get nowhere. So that is one of the reasons why I would try to get away from Ms. Heard and not participate in her debates and her - the knowledge that she wanted to express to me and circular and painful insults that were just constant. It was rapid-fire. So I stopped participating in those. I tried to walk away. I tried to go to another room, even to the point of locking myself in rooms so that she just could pound on the door and scream.
MR. DEPP: That was clearly - I should have never fallen for that or taken the bait to allow myself to get into a conversation which led to an argument which led to physical violence. It was not going to be good, so I would - I would just walk away, which drove her through the roof.
MS. MEYERS: But, Mr. Depp, why would you use the term "monster" when communicating with people other than Ms. Heard?
MR. DEPP: Because I heard it all the time. I mean, it was - as I said, that was her go-to, "the monster. The monster's here, the monster's back. The monster." So I would refer to the monster, again, in terms of with Elton, or with friends, Patty Smith, the monster was - like with Elton, it was just the monster was, you know, "I let the monster creep back in," or something.
MR. DEPP: That is sobriety. That's what I'm telling him is I have failed, and I've had a drink where I've been drinking, but my drinking, again, was not to excess. It never went into blackouts or anything of that nature. I was disappointed in myself for not staying there.
MR. DEPP: Though when you are constantly in a position to be harassed by your beloved other, what else could I do? I wanted to be numb. I what else could I do? I wanted to be numb. I didn't want to hear that. I didn't want to feel that, especially from one who had professed such love for me but gave me mostly hatred.
MS. MEYERS: Your Honor, I'm about to switch subjects, so if this would be a good time for the lunch break ...
THE COURT: All right. We started a little later, so I don't mind going a little further. If you want to do that, go ahead.
MS. MEYERS: Okay.
MS. MEYERS: Mr. Depp, I'd like to show you Defendant's Exhibit 161. I believe Mr. Rottenborn showed you this last week and again today.
MS. MEYERS: Do you recognize these text messages as between you and Ms. Heard?
MS. MEYERS: Why are you informing Ms. Heard there's a book called Disco Bloodbath?
MR. DEPP: I- when I texted her, 2:30 in the afternoon, I was in a bookstore, a used bookstore or a bookstore that had a lot of first editions and things like that, which is sort of a passion, and I saw a book called Disco Bloodbath, and I thought it was -- I thought it was a funny title. I can't say that was necessarily referencing anything other than I thought it was a funny title, Disco Bloodbath. It sounded like a sort of a bad slasher movie to me. So I said, "Just thought you should know that there exists a book titled Disco Bloodbath. That's all.
MR. DEPP: And then she said, "We need that book." Then she asked me, "Is it about last Friday night by any chance?"
MR. DEPP: The fact is, this is a lighthearted exchange that she's even saying, "We need that book." Then she makes reference to last Friday night, which I don't recall what last Friday night was or whatever, so I just -- "How can you make me smile about such a hideous moment?" A hideous moment could have been some grotesque thing that we saw on television. It could have been we saw on television. It could have been anything. I don't recall now. But all I was saying is -- and it even says at the end of my text, "That's all," Disco Bloodbath, you know.
MR. DEPP: So I -- this was not a -- we were not butting heads in this exchange whatsoever. It was very lighthearted. ,7
MS. MEYERS: Mr. Depp, I'd like to show you Defendant's Exhibit 375, which is another document Mr. Rottenborn showed you last week.
MS. MEYERS: Could you please remind the jury what's reflected in this photograph?
MR. DEPP: This is from Australia on March 8th, I believe it was, where, after my finger had been -- the tip of my finger had been taken off, I began to -- I was in such shock, I just started writing on the mirror, on walls, and basically what these were, for me to Ms. Heard, were reminders of moments in our past where I had caught her, caught her, where it was revealed to me even by her that she had been caught in lies that she had told me. So that's what these are in reference to. The Red, the lipstick that says, "Call Carly Simon. She said it better, babe," in reference to "You're So Vain," I'm imagining. But that's not -- I didn't -- the Carly Simon message is not mine; that's Ms. Heard's.
MS. MEYERS: So let's just break this down a little bit.
MS. MEYERS: Who wrote the text that's in black on the mirror?
MS. MEYERS: And what does that say?
MR. DEPP: She loves -- I don't, like, "naked Hollywood or something. An artist of' -- I don't know what the rest says, but what that is, is Ms. Heard had come to me, and she was seriously -- seemed to be seriously concerned about how she was being portrayed in Hollywood. She was concerned that because she had done films where there was kind of arbitrary nudity and things of that nature, she had voiced to me that she did not want to be -- she didn't want to be looked upon that way in the industry. She wanted to be able to escape the chains of being objectified by the Hollywood system, which is a difficult thing for any woman, certainly, unfortunately.
MR. DEPP: But she asked me, "How can I- how can I avoid being stereotyped as the beautiful blonde who gets her breasts out, goes naked, and has to strip people in movies?"
MR. DEPP: And I gave her my advice on it, on how to avoid it, which I thought it was pretty accurate. And she - her ambition was stronger than what she received from my advice is what it was, my advice that I thought long and hard about because I did care for her and I did understand. I didn't want her to have to do that.
MR. DEPP: And early on in my career, I was put in a position where, you know, I could have gone on - I could have been just a guy who was on a TV series for a couple of years, and then, you know, . what was going to be left of me was - would be on lunch boxes and Thermoses and posters and Teen Idol things, and I fought that tooth and nail because I didn't - that's not who I was.
MR. DEPP: I So I had experienced something similar in terms of being looked upon as something that you're not. And so I fought against it in the very beginning, and it worked out for me, you know, for a while there. And I was giving her basically the same advice.
MS. MEYERS: Now, Mr. Depp, you said that you did not write this portion that's in red here that says, "Carly Simon said it -- call Carly Simon; IO she said it better, babe"; is that right?
MS. MEYERS: How do you know that it was Ms. Heard that wrote that?
MR. ROTTENBORN: Objection. Lack of foundation.
THE COURT: Overruled.
THE COURT: You can answer.
MR. DEPP: It's - well, first, it doesn't - looks like it's trying to match my handwriting, but my handwriting is a lot more of a scribble. And also there's another photograph of this where she went in to make sure that they were - that she went in to make sure that they were that the red was more prominent. I believe there's also a napkin down there where -
MR. ROTTENBORN: Objection, Your Honor. Lack of foundation. He's referring to exhibits is that aren't in evidence and has no idea whether they even exist.
THE COURT: I'll sustain the objection I 8 now.
THE COURT: Next question.
MS. MEYERS: Was -- do you recall whether the lipstick writing was on the mirror when you wrote l I in the black paint?
MS. MEYERS: Mr. Depp, I'd like to show you one of the text messages that Mr. Rottenborn showed you concerning the injury to your finger.
MS. MEYERS: So if we could, please pull up Defendant's Exhibit 398.
MS. MEYERS: This is a text message from you to Dr. Kipper that I believe Mr. Rottenborn showed you on cross-examination.
MS. MEYERS: Okay. And why are you apologizing to Dr. Kipper in this message?
MR. DEPP: I believe that at that point in my brain and in my life and in my heart, I was completely and utterly frustrated with how I had to - or how I was living my life. And I had had some disagreement with Dr. Kipper, and I was - I was apologizing to him for having gone against his wishes - or gone against his advice, let's say.
MS. MEYERS: What did you mean when you said, "I have chopped off my left middle finger as a reminder that I should never cut off -- cut my right finger off again"?
MR. DEPP: It's - again, it's my way of dealing with - dealing with a painful situation. It's my way of dealing with a painful situation where I resort to humor. So I had lost the tip of my right finger, and so I'm saying to him, "I've now cut off my left finger to remind me never to cut my right finger off again." That's not - I mean, when you say, "I cut my finger or I got my finger y y, y g g y g cut off," or this or that, it doesn't necessarily mean that you did it yourself.
MR. DEPP: And, again, I'm a guitarist and have been since I was 12, and that was the only peace that I found in my life at the age of 12, where I knew what I - I knew who I could - that I could escape into music and learn music. And the last thing, I'm a guitar - I mean, I still play the guitar. It's still my first love; aside from my children, it's still my first love. There is no reason in the world why I literally would cut my own finger off to ruin this beautiful opportunity that I was given at 12 to learn how to play the guitar.
MR. DEPP: And, again, why would I start lopping off digits in my 50s if I, as Mr. Rottenborn suggests, am a kind of a walking tantrum?
MR. DEPP: When I was younger, why wouldn't I just start chopping off fingers and- or some kind of - why would I ruin the only thing that was really good in my life aside from my children?
MR. DEPP: So, when this finger went, the tip of this finger went, the only thing I could think in I ,1 my mind was "Thank God it wasn't the left hand," which is the fret hand. I'm right-handed, so that's the fret - that's where the fret board is.
MR. DEPP: If you lose a finger from your left hand, you know, I'm not Django Reinhardt who had only two fingers to play with. If I had lost a finger from here, I would have had to relearn how to play the guitar all over again. It's just not the case. Even though I say, "I've chopped my finger off," it's like saying, you know, "I bumped into a knife" or something, you know. It's not - I'm not admitting to - I think if I was going to admit to someone that I actually chopped my finger off, this text wouldn't be as it is. I think it would have been a long explanation as to why I got to that point.
MR. DEPP: But, no, I can't take responsibility for what I now call "Little Richard," my chopped finger.
MS. MEYERS: Mr. Depp, at the time that you sent this text message to Dr. Kipper, had you told him what had actually happened to your right finger?
MS. MEYERS: And when did you tell him that?
MR. DEPP: He was aware of that, that day, the day that it happened. Malcolm was aware it. Jerry was aware of it. Stephen was -- everyone was aware of it. And of course, yes, when I went to the doctor, the emergency room, I lied to them because I didn't -- I didn't -- I didn't think it wise to cause a ruckus, implicate Ms. Heard, and then have eight million stories out in the press about how she'd thrown a bottle of vodka at my -- at me and it smashed the -- all the bones in the tip of my finger and cut off about -- well, it was all sliced down through -- you've seen the pictures.
MR. DEPP: It was pretty horrible. It was -- and I didn't want to -- I didn't want to put her in that situation. I didn't want to put any of us in that situation. I didn't want to put the film in that situation. That was why I said it was crushed in an accordion door, and it was only the second doctor who had -- C who actually told me what he -
MR. ROTTENBORN: Objection, Your Honor. Hearsay.
THE COURT: I'll overrule. Go ahead.
MR. DEPP: The emergency room doctor was the first. The next day I went to see a specialist, hand surgeon, and this was still in Australia, and he had recognized that my excuse for the finger being gone -
MR. ROTTENBORN: Objection, Your Honor. Hearsay. What the doctor conveyed to him about his thoughts on the finger injury, that's classic hearsay.
MS. MEYERS: Your Honor, it's in the context of medical treatment.
THE COURT: I'll sustain that objection.
MS. MEYERS: Okay. Your Honor, I think this is a good stopping point. t s s a good stopping point.
THE COURT: All right. Ladies and gentlemen, we'll go ahead and take our hour lunch recess. Again, do not do any outside discussions, and don't talk to each other about it, okay? We'll see you after lunch, okay?
THE COURT: If everybody in the courtroom could be quiet, please. Court is in session. Thank you.
THE COURT: All right. So we can take a recess until 2:20.
THE COURT: Just for planning purposes, though, I plan to go until 5:30 today, since we had a late start. So just to let you know. I know you plan to have a remote witness which is fine, just let us know so we can set that up. Also let your remote witness know this is a courtroom. I don't expect there to be any outside noises or anything else going on and direct attention, and also if they would know that if there's an objection, for them to hold off answering until it's resolved.
THE COURT: That goes for all the remote witnesses when we get to them, okay? Thank you. Bailiff.
COURT BAILIFF: All rise.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: Are we ready for the jury?
MS. BREDEHOFT: Your Honor, may we approach?
THE COURT: Yes, ma'am
MS. BREDEHOFT: Your Honor, today, the I 1 s audience has been much more rowdy.
THE COURT: I'm trying. Yeah, yeah.
MS. BREDEHOFT: And I know Your Honor has. But they've been -- perhaps Your Honor can say something in addition to it. Explaining to them a little bit, and I think they can be admonished too.
THE COURT: Well, if I could get -- I could -- Well, could get -- I was waiting for objections, honestly. I'm not going to --
MS. BREDEHOFT: Oh, is that what -- that's what we should do? We weren't what to do Is with that.
MR. ROTTENBORN: And I'm just kind of letting you know, that, you know, every time --
THE COURT: And sometimes that's trial strategy, so I don't want to say anything. I don't want to interject myself in either one of your cases unless you object to something, except if it gets too loud.
MS. BREDEHOFT: And I know that it has impacted the jury also, they laugh when they laugh.
THE COURT: Right, right. Yeah, I'm not going to say -- I think they got it. I'll do it again if I think there's an issue.
MS. BREDEHOFT: Okay.
THE COURT: I don't know. ' I mean, he has had some comments that I -- if there was an objection, I would have addressed it.
MS. BREDEHOFT: Okay. Thank you, Your Honor.
THE COURT: Okay.
THE COURT: All right. Are we ready for the jury, then?
MS. MEYERS: Yes.
THE COURT: Okay. All right.
THE COURT: Thank you. Be seated.
THE COURT: Your next question.
MS. MEYERS: Mr. Depp, before the break, we were talking about your -- how your finger got injured in Australia.
MS. MEYERS: Do you remember that?
MS. MEYERS: Okay.
MS. MEYERS: I'd like to pull up Defendant's Exhibit 394, please.
MS. MEYERS: Mr. Depp, do you recall Mr. Rottenborn showing you this exhibit during your
MS. MEYERS: And can you please explain when, relative to your finger injury, you sent this text message?
MS. MEYERS: At the bottom, it says "I cut the top of my finger off, what should I do, except, of course, go to a hospital?"
MS. MEYERS: And so when, relative to when your finger was injured, did you send this text message, to your best recollection?
MS. MEYERS: And, in the middle, here, it says "Her obsession with herself is far more important. She's so fucking ambitious, she's so desperate for success and fame, that's probably why I was acquired, mate."
MS. MEYERS: What did you mean by that?
MR. DEPP: Unfortunately, I meant exactly-I meant exactly what I said in this text. It seems - it had become clear they were - she seemed to take more care and importance in going to auditions, getting - going to the Met Ball or going to any sort of premiere or opening, or whatever, where she could be.
MR. ROTTENBORN: Objection. Beyond the scope of the question, Your Honor.
THE COURT: All right.
MS. MEYERS: I believe he was responding to what he meant by what he wrote in his text message.
MR. ROTTENBORN: Then he said exactly what the words said, and now he's going beyond I what the text said.
THE COURT: All right. I'll sustain the objection.
THE COURT: Mr. Rottenborn.
MR. ROTTENBORN: Your Honor. Next question.
THE COURT: Just answer the questions, please. Direct your attention just to your attorney, okay?
MS. MEYERS: Mr. Depp, last week, Mr. Rottenborn showed you an audio recording where you referenced your finger getting cut off in Australia. Do you recall that?
MS. MEYERS: Okay. I would like to play a different portion of that recording that came before the portion that Mr. Rottenborn played.
MS. MEYERS: So if we could, please, pull up Plaintiffs Exhibit 343, and we will be playing the portion from at one hour, 54 minutes, seconds, to one hour, 56 minutes, 10 seconds.
MS. HEARD: It's early. It's quick It's so not -- you're not interested in not hitting. You're guaranteeing a fight when you do that, and I've told you this so many times. You guarantee it. If you were interested in not fighting, you would be respectful, if you needed IO the space, to make -- you would be careful not to perpetuate the fight longer by saying I need a few minutes, and then actually honoring that.
MS. HEARD: How can I trust you that it will be a few minutes when you've done this in the past and disappeared for hours? You know, I got mad at you in Australia about this. I said, baby, I want to trust you. It's hard for me not to try and work it out. If you want to be the person that's like, I need to cool down. Help me do that-- give that to you. But I can't give it to you if you always I et me down and fuck up and forget it.
MR. DEPP: Because I gave you a time I limit. Because I said I'll be back in a three minutes. So I'm just
MS. HEARD: No, it's different.
MS. HEARD: It's different. You never --
MS. HEARD: I'm telling you, that will IO make it worse.
MS. HEARD: I guarantee you it will.
MS. HEARD: I'm not talking about throwing punches. I'm talking about an argument.
MS. HEARD: I'm talking about arguments. I'm not talking about the times when it's got physical. I'm talking about arguments. I'm talking about arguments. I'm talking about arguments.
MS. HEARD: Earlier and earlier and earlier now you split. You take off right away. You don't deal with the issue. You don't deal with the confrontation. And you split. Whether it is -- and then you do it for an indeterminate amount of time. You do it without actually respecting me. When you give me a time, like, say, I need a few minutes, you never --
MS. MEYERS: Mr. Depp, whose voices can you hear in that audio recording?
MS. MEYERS: And there was a mention about Ms. Heard getting mad about something in Australia?
MS. MEYERS: What did Ms. Heard get mad at you about in Australia?
MR. DEPP: There were - there were many, many instances where Ms. Heard would get upset, angry, and argumentative and violent in Australia. There were many times.
MR. DEPP: I - the one that was the day when my finger, tip of my finger disappeared, that had to do with a phone call. When she arrived in Australia, she'd complained that an attorney, who was explaining to her the -
MR. ROTTENBORN: Objection, Your Honor. It's hearsay as to what he alleges her attorney was explaining to her.
MS. MEYERS: We can move on, Your Honor.
THE COURT: Okay. Yes, ma'am.
MS. MEYERS: In the context of this audio recording that we just heard, what, to your recollection, is Ms. Heard referencing when she said you split?
MR. DEPP: I would - I would excuse myself from the situation. I would try to get away so that - , so that nothing escalated. Because if given the chance to allow things to escalate, Ms. Heard would take it to the very extreme, which ended up with my finger being chopped off. So I rather thought it was a best idea to avoid things like that.
MS. MEYERS: Mr. Depp, I'd like to show you what's been marked as Defendant's Exhibit 272, I believe this is another document that you saw during your
MS. MEYERS: And these were after your detox on the island; is that right?
MS. MEYERS: Now, where it says here "this was the right thing to do to speed up the process," what are you referring to there?
MR. DEPP: I -- when we were on the island and I was going through the process of detox, the detoxing from the opiates, which was a very unpleasant and powerful, painful, process, it wasn't working with Ms. Heard there. I could not properly detox, as every day was a -- another problem or this or that.
MR. DEPP: So, I asked we leave the island and go back to Los Angeles. And I asked Ms. Heard if she would, please, allow me to get a bungalow at the Beverly Hills Hotel, where she and her friends could go for, I needed five days, six days, seven days, anything I could get, where I could finish the detox by myself without any unnecessary interruptions or unpleasant interruptions, to which she replied that she was - felt like I was throwing her out and abandoning her after all she had done for me. When the fact is, no matter what I wrote to her mother and to her, I needed the time because she - I would have gone straight back to the pills. I would have not been able to detox properly without that time alone.
MR. DEPP: And she reluctantly gave me the time and I sent her and her friends to Beverly Hills Hotel and a bungalow and went through the detox by myself in penthouse 3 for the next five or six days.
MS. MEYERS: Mr. Depp, last week, Mr. Rottenborn showed you a video that was taken of yourself where you're slamming some cabinets.
MS. MEYERS: Do you recall that?
MS. MEYERS: First of all, where are you in that video?
MR. DEPP: That's the kitchen at a house that I - on Sweetzer, that I've lived in for - since mid '90s.
MS. MEYERS: And do you recall what you were upset about in that video?
MR. ROTTENBORN: Objection. Leading.
THE COURT: Overruled.
MR. DEPP: I don't recall, as I don't know the date of - there's no metadata, that I am aware of, for that tape. Also, apparently, looking for any metadata is impossible, as it is not owned by-
MR. ROTTENBORN: Your Honor-- i
THE COURT: I'll sustain the objection. Do you want to ask the question again?
MS. MEYERS: Mr. Depp, what, if anything, do you remember being upset about that resulted in what I was seen in that video?
MR. DEPP: I can't recall if it was bad news about my mother's health. I can't recall if it was something to do with my former business managers -you know, finding out that they'd taken me for a very nasty ride.
MR. DEPP: I don't recall exactly what it was about. What I do know is that it didn't have anything to do with her.
MR. ROTTENBORN: Objection. Beyond the scope of the question.
THE COURT: Overruled. I'll allow it. I 9 It's fine.
MS. MEYERS: Okay. Do you know where Ms. Heard was before she entered the room?
MR. DEPP: I assume that she was up in the, you ! 15 know, she'd gotten out of bed and gotten dressed and come down the stairs.
MS. MEYERS: Mr. Depp, earlier today, Mr. Rottenborn played a recording where you can hear Ms. Heard seeming to claim that you put a cigarette out on her.
MS. MEYERS: Do you remember that? I remember hearing that, yes.
MS. MEYERS: I'd like to play you another recording, which is Plaintiff's Exhibit 365.
MS. MEYERS: And this is, for the record, an 11-second recording, so we'll be putting in the entire.
THE COURT: All right. Any objection to 365?
MR. ROTTENBORN: No, Your Honor.
THE COURT: All right. 365 in evidence.
MS. HEARD: Couch. Couch. Couch. You give me one couch. I gave you three other couches. Two? Two couches. What do you want, please?
MS. HEARD: Please, give me couch.
MS. HEARD: Couch. want?
MS. HEARD: I want couch.
MS. HEARD: I want couch.
MS. HEARD: Agree, please. So -- you said you agreed before --
MS. HEARD: And then you started talking.
MS. HEARD: It was self-fighting.
MS. HEARD: Yes. Everything you've said --
MR. ROTTENBORN: Your Honor, she said this was 11 seconds.
MS. HEARD: Has been nasty and provoking and mean-spirited --
MS. HEARD: No, I'm not saying that. You asked --
MR. ROTTENBORN: Stop.
MS. MEYERS: I'm sorry; I think I misspoke. It may have been 45. I may have switched around --
MR. ROTTENBORN: She said it was seconds long and that one was way longer. remembered.
MS. MEYERS: I apologize. I just
MR. ROTTENBORN: It may help if-- can we ask them to move the media player so we could see it too. We can't tell with the blank screen, so ...
THE COURT: Probably just because we didn't publish it. There you go.
THE COURT: Okay.
MS. MEYERS: Can we play that? Thank you. l'
MS. HEARD: Couch. Couch. Couch. You give me one couch. I gave you three other couches. Two? Two couches. What do you want, j y , please?
MS. HEARD: Please, give me couch.
MS. HEARD: Couch.
MS. HEARD: I want couch.
MS. HEARD: I want couch.
MS. HEARD: Agree, please. So -- you just said you agreed before --
MS. HEARD: And then you started I I talking.
MS. HEARD: It was self-fighting.
MS. HEARD: Yes. Everything you've said has been nasty and provoking and mean-spirited --
MS. HEARD: No, I'm not saying that. You asked me yours.
MS. HEARD: By the way, you just threw a fucking cigarette on me.
MS. MEYERS: Mr. Depp, do you recognize what's in that recording.
MS. MEYERS: Yes.
MR. DEPP: Seems pretty clear that she's ordering me to the couch, and I didn't want to go through with any - again, avoiding confrontation, trying to avoid confrontation in any way. I can certainly say that, without hesitation, there's no way, under the sun, that I would flick a cigarette at her or burn her with a cigarette. If I flicked ashes and an ash got on her, but she's certainly not screaming out in pain as if a cigarette is being put out on her. That's ludicrous.
MS. MEYERS: Do you recall the situation that's reflected in that audio recording?
MR. DEPP: I believe that's Montreal - excuse me, Toronto, which was right after the Venice Film Festival. We were at the Toronto Film Festival.
MS. MEYERS: Mr. Depp, I would like to ask you about a couple of text messages from May 22nd, 2016, that Mr. Rottenborn asked you about earlier.
MS. MEYERS: And before I do, could you, please, remind the jury what was going on between you and Ms. Heard's -- between you and Ms. Heard on May 22nd, 2016?
MR. DEPP: On May 22nd? On May 21st, I had - she wanted - I hadn't seen her since the 22nd of April, her birthday, which was when I left at 4:30 in the morning.
MR. ROTTENBORN: Objection. Your Honor. This is cumulative. He's already gone through all of this in his direct examination and
MS. MEYERS: I believe that he's PLANE I providing context for --
THE COURT: We can go to the 22nd. That's fine.
MS. MEYERS: If you could, Mr. Depp, please, explain where you were on the 22nd of May in 2016.
MR. DEPP: As far as I can remember, on May 22nd, 2016, I was preparing -- I was preparing to leave for New York for rehearsals and then a tour with the Hollywood Vampires. I was either preparing to leave or I had left.
MS. MEYERS: Could we, please, pull up Defendant's Exhibit 736, please.
MS. MEYERS: Do you recall sending this text message to Ms. Heard on May 22nd, 2016, at 6:19 p.m.?
MS. MEYERS: Okay. What did you mean when you told I her "nothing I have to say to you should elicit anything but a sense of ease"?
MR. DEPP: It was essentially, for me, I was bringing up what I had spoken to her about before, which was a peaceful resolution to the problems. A peaceful resolution in terms of a peaceful and private and quiet and calm divorce. And so, that's why I say it shouldn't elicit anything but a sense of ease because it was not about - I didn't want to argue. I didn't want anything but to end the marriage in the kindest way possible for all her family, my family, her, myself, et cetera.
MS. MEYERS: And what did you mean when you said "all my love and profound apologies"?
MR. DEPP: "Profound apologies" is that it just didn't work. We just could not work. There was no way. And I had to try to put a peaceful end - peaceful stop to the endless - endless opportunities for these constant arguments. If I didn't put a stop to it, then - I mean, if I didn't try to put a peaceful stop to it, peaceful end to it, then if you don't stop it yourself, it'll stop you. It'll stop you, and you don't know what that could be. But it's - it was horrific, and I wanted her out of it and I wanted out of it. No one deserves to live like that.
MS. MEYERS: Mr. Depp, last week, Mr. Rottenborn played a clip from an audio recording where Ms. Heard told you that you vomit in your sleep a lot.
MS. MEYERS: Do you remember that recording?
MS. MEYERS: And what's your response to that?
MR. DEPP: When someone tells you that you vomit, she didn't tell me. I heard it in court. When someone brings up the fact that you vomit in your sleep every night, and- well, first, I think you'd be aware of it. And, also, I think the first thing that I would do is seek medical attention. Didn't exist I never vomited in my sleep every night.
MR. DEPP: There were times when I would get, yes, physically ill from the endless shots that you take when you're just - you're unable to take any more. And it does affect you physically after a y p y y while.
MR. DEPP: So, I would have to leave and go and vomit when fights got into these surreal and absurd and horrible places.
MR. DEPP: But, it still confounds me as to why she would record that I don't know why anyone would record that.
MS. MEYERS: Mr. Depp, the portion, the clip that Mr. Rottenborn played was from Defendant's Exhibit 839.
MS. MEYERS: And just for the record, this is a portion of a larger recording which is reflected in Plaintiffs Exhibit 342. So, with the Court's permission, I would like to play a clip from Plaintiffs Exhibit 342 and the -- we're at -- the portion I'd like to play is at 19 minutes, 40 seconds to 25 minutes, 25 seconds.
THE COURT: All right. Do we have 342 ah-early in evidence?
MS. MEYERS: I don't believe so, Your Honor.
THE COURT: No? So you want to put 342, just the entire audio in?
MS. MEYERS: Yes. I don't believe that there's anyone else in this audio recording, Your Honor.
THE COURT: I don't believe. I heard this before. Okay.
THE COURT: 342. Any objection?
MR. ROTTENBORN: As long as there's no one else in the audio recording, no objection.
MS. MEYERS: We can confirm afterwards. If Your Honor is more comfortable, we can put it in as 342A.
THE COURT: Okay. Let's put 342A. I'm sorry, what's the part that you're going to play?
MS. MEYERS: It's 19 minutes, 40 seconds to 25 minutes, 25 seconds.
THE COURT: And it's just the two of them in this excerpt?
MS. MEYERS: That's correct.
THE COURT: 342A in evidence, then. Thank you.
MS. HEARD: Do you understand why ten minutes sounds seriously -- !
MS. HEARD: Doesn't seem real?
MS. HEARD: Did you hear what I said? 9
MS. HEARD: You do care.
MR. DEPP: There's plenty of things I you've done, plenty of things you've fucking done that were absolute fucking lies.
MS. HEARD: I didn't ever --
MS. HEARD: Is that what matters?
MS. HEARD: Is this what matters to you, your party?
MS. HEARD: I never lie to you. And what we're talking about tonight is what?
MS. HEARD: Who are you? Why? Why are you doing this?
MS. HEARD: Why?
MS. HEARD: What is it that is so IO important, always, to run away to? Why?
MS. HEARD: Why don't you stay? I -- you asked me once not to leave, and I'm asking you. So why every five seconds do I get I'm leaving because there's a fucking movie party I've got to go to? I have never prioritized you behind that. And you, of all people, of all people, all this talk about not being that guy, you have done nothing but -- over the last two days, but tell me that your movie parties were more important, including the night before last when I said to including the night before last, when I said to you the same thing. Stay. And today, you apologize. You said, I Jove you, I'm so sorry. And then today, it takes you two seconds. It takes you 20 seconds, at most, to go, fuck that. I hate you. I don't want to be with you. Good-bye. I'm leaving. I'm running away. But I'm not running, I'm walking away.
MS. HEARD: Then if you don't want to be with me in life --
MS. HEARD: Then you need to actually do it. You need to actually take off your ring and forget that five hours ago you said the opposite. Otherwise, you can't keep throwing that around. You can't keep saying to me that this is something you care about.
MS. HEARD: Is that what it's worth to you? April 25, 2022
MR. DEPP: Yeah. Yeah. For you, from all this bitching, from all this -- these rules. All these --
MS. HEARD: Rules? Because I asked you to stay?
MS. HEARD: Because I asked you to I stay?
MS. HEARD: What was it when you asked ; !me to stay?
MS. HEARD: What was it when you asked me to stay?
MS. HEARD: What was it when you asked me to stay? In Australia, you said you promise me not to leave. You said you promise me not to leave. What did I do?
MS. HEARD: What did I do?
MS. HEARD: What did I do? Did I stay I or did I leave?
MS. HEARD: Did I stay or did I leave?
MR. DEPP: You stayed and you didn't s change, and you were a fucking pain in the ass and you were a cunt.
MS. HEARD: So I stayed. And I've been a cunt ever since. Which is why you told me, about every other day, how you couldn't imagine your life without me, including today. So which--
MS. HEARD: Does that seem normal to you?
MS. HEARD: Does that seem normal to you? You told me tonight--
MS. HEARD: That you couldn't imagine your life without me. And now you're throwing your ring on the ground. Does that seem normal?
MS. HEARD: Does that seem sober? Do you seem normal?
MS. HEARD: Does that seem normal?
MS. HEARD: Does that seem normal to you?
MS. HEARD: I'm borderline personality disorder now?
MS. HEARD: When I've been consistent all night saying, don't go, don't fuck this all up. I'm not fighting with you anymore.
MS. HEARD: I've been saying this to you the whole I ve been saying this to you the whole night. I'm really sorry we disagreed. You're not perfect. I said this two hours ago. I'm not perfect. You're not perfect.
MS. HEARD: But we don't have to do this every time we disagree.
MS. HEARD: Please. Please. Come here. Please come here.
MS. HEARD: MR. DEPP: And you have every insult in the world.
MS. HEARD: Please come here. I am not insulting you. I have not been insulting you. I love you.
MS. HEARD: MR. DEPP: And you smacked me on the ear.
MS. HEARD: Johnny, what do you mean you do? I Jove you. Stop.
MS. HEARD: MR. DEPP: You gonna smack me on the ear again. April 25, 2022 I love you. MR. DEPP: You wanna smack my ear again. So it fuckin' resounds in my fuckin'
MS. HEARD: I cranium I love you.
MS. HEARD: MR. DEPP: Would you like that?
MS. HEARD: I love you. MR. DEPP: Huh?
MS. HEARD: I'm sorry. I'm sorry. I love you. I love you. MR. DEPP: I love you too. No, no. I don't love you that much.
MS. HEARD: You do love me.
MS. HEARD: MR. DEPP: No, I don't. I do not love you that much to give up myself No. I do not. I will not give up myself. And you want me to I. 7 fuckin' be some kind perched goddamn parrot or a fucking weird frenzy dog. No, I won't be it.
MS. HEARD: I don't want you to be a frenzy dog. I'm trying to talk to the --
MS. HEARD: MR. DEPP: Or your goddamn --
MS. HEARD: Oooh Oooh.
MS. HEARD: MR. DEPP: -- fucking lover.
MS. HEARD: Calm down. Calm down.
MS. HEARD: MR. DEPP: Fascia Fantasia.
MS. HEARD: Calm down. MR. DEPP: I'm not going to be that shit, man.
MS. HEARD: Baby, stop.
MS. HEARD: Stop baby.
MS. HEARD: No rules. You're making this whole thing. You're doing this whole thing.
MS. HEARD: No one's fighting you.
MS. MEYERS: Mr. Depp, what are you and Ms. Heard discussing in this recording?
MR. DEPP: It is a another argument that is apparently not an argument to her. The screeching of her voice, the demand that things go her way and only her way. I was done. And I think I stated clearly, I don't want to be with you. I don't want to be with you. I'm not going to be a parrot on a -- or some, you know, little dog that runs through hoops for you. I ain't going to do that. And I wanted out. She said, take your ring out. She still wouldn't let me leave. I did, and she still wouldn't let me leave.
MR. DEPP: So, it's just another example of kind of being nailed in one spot, not allowed to do anything but react to her screaming and -- screaming like a banshee and then telling me to calm down when I had been pretty calm, I thought.
MS. MEYERS: Where were you trying to go, if you can recall?
MS. MEYERS: And why did you ask Ms. Heard if she wanted to smack you in the ear again?
MR. DEPP: She had given me a good chop in the ear, you know, one of those where it leaves you ear, you know, one of those where it leaves you ringing, you know. And it was not long before that. And, so, I thought maybe this will make you happy. Will it make you happy? Would you like to hit me in the ear again? Would that make you feel better? Will that make you stop this? I would have done anything to have stopped, outside of taking anything to some physical level. I disagreed with that wholeheartedly. That's not me. That's not who I've ever been. That's not who I'll ever be.
MS. MEYERS: Mr. Depp, I'm going to play another audio recording. This is a different portion from what Mr. Rottenborn played for you today. It's DX58 -- 598. I believe the portion Mr. Rottenborn played was designated 598B, so this will be 598C.
MS. MEYERS: First, I would like to play the portion from 31 minutes, 14 seconds to 33 minutes, four seconds.
THE COURT: Any objection to 598C?
MR. ROTTENBORN: No, Your Honor.
MS. MEYERS: Then we'll go on and play I the second portion, which is 56 minutes, seconds to 59 minutes, 54 seconds.
THE COURT: Okay. All right.598C in evidence.
MS. HEARD: It's a joke, right? Like, you build, I build, you know. It isn't like a one moment either of us signed a certificate saying or I signed a contract, oh, okay, now a bloodbath. No. So acting as though there's a choice between the two is irrelevant. I'm not asking you to stay over having a bloodbath. I'm asking -- I mean, over walking away. I'm not asking you to have a bloodbath over walking away. I'm asking you to work it out over prolonging it to making it bigger.
MS. HEARD: I mean, at least that's how I see it.
MR. DEPP: But if things get heated and it looks like it's going somewhere nasty and the it looks like it s going somewhere nasty and the name-calling begins and all that stuff, I've got to get away.
MS. HEARD: Okay.
MS. HEARD: Me too. Me too.
MS. HEARD: Me too.
MS. HEARD: I'm not going to do that. I'm asking you to stay when you feel you're also in the interest of working it out.
MR. DEPP: I think it's a good idea for us to take a moment or two or -- not even a moment. Take some time. Take some time to think about ourselves without being, you know, barraged by each other's fucking bullshit, whatever. Just let's take a break from it and then come back, try and be calm, and walk through the thing. But I'm not going to stand and fight with you.
MS. HEARD: I don't want that.
MR. DEPP: You can call me a coward, you can call me any name you want, all those names. Do it. But I will not do it again.
MS. HEARD: Please stop asking -- I mean, please, can you stop for the sake of this conversation?
MR. DEPP: Okay, great. Then let's take our space and let's not do this anymore because I'm really getting frustrated and I'm really, really, really sick of this argument.
MS. HEARD: Stop, sorry.
MS. HEARD: Stop. Okay.
MS. HEARD: Because you're being --
MS. HEARD: Because it causes me so much stress when you leave, when you walk away from me. You don't understand how much worse for me it is.
MS. HEARD: Please, you're making it worse for me.
MS. HEARD: Please, I'm only trying to tell you so that you know you're causing me immense stress right now when you walk away like that. There's no reason to be mad.
MR. DEPP: Well, then say good-bye. I haven't walked away. You're not saying good-bye. You won't let me fucking leave. Let me leave.
MS. HEARD: Please. Stop pushing me. Stop pushing me in the corner and then poking me with a stick, and then saying, why are you using the words you want me to say. Stop poking me. Stop poking me. Stop putting me against the wall. What, you don't like the wall? You don't like the fucking wall? Stop pushing me.
MS. HEARD: Is
MR. DEPP: Amber, I'm not pushing you. I'm rushing you, that's it. I need space. I don't want this conversation anymore right now. I need space. I will take my space, whether you like it or not. I will take it. And you will take your space. But if you keep haunting -- Is you.
MS. HEARD: I'm not doing anything to
MS. HEARD: I'm not continuing it. I'm ! 12 begging you to stop.
MR. DEPP: I'm stopped. Stopped. Now I have to go, okay? So we will speak to each other in a couple of hours, okay? I hope you have some kind of revelation that makes you feel better, you know? I hope I do, too. But we'll just see when I get home, and we'll just talk or we won't talk or, you know, we'll finish this or we won't finish it.
MS. HEARD: I just need you to stop. Please, stop doing this. Please, you cause so much fucking stress. I'm going to die at this age. I'm going to fucking die. You're causing me so much stress. Please, stop. Please, stop. Please, stop doing this. Please, stop being so fucking mean. You're a fucking bully, stop. Please, stop. I've been begging you to stop. I just said can we please have a normal argument, even a normal conversation, normal argument. For the last hour, I've been begging you, please.
MS. HEARD: But you leave it at this, go out for the night. I would have been able to come in with you, able to go in a few minutes. Would have been fine if we allowed ourself to have a fucking normal arguments. Please, you're killing me with this. You're killing me. You're fucking killing me. Fuck.
MR. DEPP: Sean, could you, please, I want you to just go. I want you to take your meds or whatever. I'm sorry that I've upset you.
MS. HEARD: Yeah, I think-- thank you, Sean, I'm ready to go. Thank you so much.
MS. MEYERS: Mr. Depp, in the beginning -- well, first of all, do you know where you are when you're having this discussion with Ms. Heard?
MR. DEPP: The only - excuse me. The only clue that I have is that Sean is being called, I called Sean and said to drive her home. I believe it was probably at Sweetzer, so then she could drive back - he would drive her back to downtown, penthouse 3 with - she didn't seem in any shape to drive, to me.
MS. MEYERS: And earlier in the clip, there was a reference to a bloodbath. What does that mean in the context of that conversation?
MR. ROTTENBORN: Objection, Your Honor. He said he doesn't know.
THE COURT: All right. I'll sustain the objection.
THE COURT: Next question.
MS. MEYERS: Mr. Depp, at the end of the day, on Thursday, Mr. Rottenborn played an audio recording for you where you were heard saying you're going to hurt yourself.
MS. MEYERS: Do you remember that?
MS. MEYERS: Okay. And I'm not going to play that audio recording again. It seemed upsetting to you. But I do want to ask you a couple questions about that, okay?
MS. MEYERS: Could you, please, tell the jury when that recording is from?
MR. DEPP: That recording is from July of 2016. This was a couple of months, a few months after the restraining order had been put on me. I had been on tour through Europe, and then coming through the States, I got messages from Christian Carino, who was both of our former agent, saying that Ms. Heard wanted to meet with me in San Francisco because we had a - one of our last dates on the tour was San Francisco. And I was confused as to why Ms. Heard wanted to meet with me, especially since I was under a court order not to come within, I don't know, a hundred, 200 feet, or something, of her. So, at first, I said --
MR. ROTTENBORN: Objection, Your Honor.
MR. ROTTENBORN: Is The question was, simply, do you remember when that was from? It's beyond the scope.
THE COURT: Okay. I 7
MS. MEYERS: So, where were you when that recording s was taken?
MR. DEPP: That was in San Francisco at a hotel. So we went to our hotel room so we could finish the discussion that she wanted to have with me.
MS. MEYERS: And how did that discussion go?
MR. DEPP: Not particularly well. I was quite confused as to why I had been summoned to her at that point, since all the news was -- all the news was just about the fact that I had allegedly done all these horrible things to her. And, so, I was talked into going there, I met with her in hopes that she would retract her lies that the world was now fed, they had been fed. And in no way was she ready to do that, and I couldn't understand why I was there. Everything had been taken from me. My children couldn't escape the fact that all this had gone down.
MR. ROTTENBORN: Objection, Your Honor. The question was, how did the discussion go? He's talking about his children. Way beyond the scope.
THE COURT: Sir, just wait for the objection.
MS. MEYERS: I think he's describing the context around that conversation.
MR. ROTTENBORN: It's way beyond the ! scope of the question.
THE COURT: All right. I'll sustain the objection. Next question.
MS. MEYERS: Mr. Depp, why were you threatening to hurt yourself in that audio recording?
MR. DEPP: In fact, I wasn't threatening to hurt myself. I felt that Ms. Heard had brought me to San Francisco, at that point, it was clear, under false pretenses. I don't know what she was after. So, I had a knife in my pocket and I just took the knife out and I said, here, cut me. That's what you want to do. Ultimately, you've taken everything. You want my blood, take it. Have my blood Then she said, no, no. And then I said, look, if you don't- if you're not going to take it, you want it, I know you want it, that's all I've got left, take it. If she wasn't going to do it, I would have done it because that's psychologically, emotionally where I was. I was at the end. I was broken.
MR. DEPP: Not only had I had to deal with everything from coming in from, you know, arrows from all over the world, but now she's - I don't know what she was trying to do. So I just thought the only answer is, here, cut me. Take my blood. That's all I've got left to give you.
MR. DEPP: And, obviously, there was no threat to Ms. Heard with that knife. It was about spilling my blood because I thought that she - the only thing she didn't have at that point. And I was broken and really just at the end. Just at the J end. I couldn't take it anymore.
MR. DEPP: It's - I thought - I mean, everybody, I know that that's his job, but that was quite cruel -
MR. ROTTENBORN: Objection, Your Honor. We're well beyond the scope.
THE COURT: Okay. I'll sustain the objection.
THE COURT: Next question.
MS. MEYERS: I would like to play a portion from Plaintiffs Exhibit 357, specifically the portion at 18 minutes, 43 seconds through 21 minutes, 46 seconds.
THE COURT: 357; is that correct?
MS. MEYERS: 357,yes.
THE COURT: Allright. So is this going to be another one where it's going to be an A, or is this going to be all that's going to be offered?
MS. MEYERS: Why don't we go with A, to be safe?
THE COURT: We're going with A. Can l you give me the numbers again so I have them for the record? What are you going to play?
MS. MEYERS: It's 357 beginning at minutes, 43 seconds through 21 minutes, seconds.
THE COURT: All right. Any objection to 357A?
MR. ROTTENBORN: No, Your Honor.
THE COURT: All right. 357A in evidence.
MS. HEARD: I don't know how to get my, um, reputation back.
MS. HEARD: Saying?
MR. DEPP: Saying that we're going to take this out of the public eye. Saying that we're going to try ad work this out on our own. Saying that the media has created such a fucking hateful storm that it's sickening. That we love each other and that we want to make sure each other's okay. How we had fights in the past, how we had this, or whatever. Fuck it. They already know all that shit, don't matter. Here's the deal --
MS. HEARD: No, it matters, I have been -- I have been -- you have no idea. Every ounce of my credibility has been taken from, I mean, and then shown in a dishonest way, you know.
MR. DEPP: Amber, the abuse -- the abuse thing is -- we've got to deal with that, I yeah. We've got to deal with that, Amber.
MS. HEARD: And we don't have any way of -- my credit -- it's my credibility. You know, I -- I don't.
MS. HEARD: I did not. You forced me. Your team forced me to by going on the offense.
MS. HEARD: And then I'm so discouraged to then leave. I promise. Look up the timeline for these things. Everything is -- forget it. Forget it. You don't believe what I say. You don't believe what I say. But I did not -- I did not choose this. You had -- every step of the way has been an offense.
MS. HEARD: I did not call the cops. I mean, there's no cases against you.
MS. HEARD: I did not call the cops. And I did not give them any statement when they came. I've been trying to protect you.
MS. HEARD: When? While it was happening?
MS. HEARD: Oh, I'm sorry. I'm sorry y y because the last time that it got pretty heated between us, I really did think I was going to lose my life, and I thought you would do it on accident. And I told you that. I said, oh, my god, I thought the first time --
MR. DEPP: Amber, I lost a fucking finger, man, come on. I had a fucking-- I had fucking -- a mineral can -- I had mineral spirits thrown at my nose.
MS. HEARD: You can, please, tell people it was a fair fight, and see what the judge -- see what the jury and judge think. Tell the world, Johnny. Tell them, Johnny Depp, I, Johnny Depp, yes, I'm a victim, too, of domestic violence and I --
MS. HEARD: You know it's a fair fight. And see how these people believe or side with you.
MS. HEARD: Exactly, because you're a big --
MS. MEYERS: Mr. Depp, when did you have the conversation reflected in this recording with . Ms. Heard?
MS. MEYERS: What's your best estimate?
MR. DEPP: My best estimate is that it was before - long before - a while, quite a while before the meeting in San Francisco in July. Excuse me.
MS. MEYERS: How far after May 21st, 2016, do you think that conversation was?
MR. ROTTENBORN: Objection. Calls for 115 speculation. He already said he doesn't remember when it was.
MS. MEYERS: I'm asking for his best estimate.
THE COURT: I'll allow him to answer, if he can.
MS. MEYERS: How long after May 21st, 2016, do you believe that conversation took place?
MR. DEPP: I would say that it was not too far, maybe a couple of months. It was far enough to I Is where the world media was already bombarding me. So it was -- it was an attempt to try to make all the --
MR. ROTTENBORN: Objection, Your Honor. Beyond the scope.
THE COURT: All right. I' I sustain ! 11 the objection.
THE COURT: Next question.
MS. MEYERS: What are you referring to when you said you and Ms. Heard would write a letter together?
MS. MEYERS: And what are you referring to when you say you lost a finger?
MR. DEPP: Very large bottle of vodka severing my index finger -- or my middle finger in 121 Australia.
MS. MEYERS: And what were you referring to when you I said a can of mineral spirits was thrown at your nose?
MR. DEPP: One of the arguments on the island, where Ms. Heard had been howling at me with some argument, and she picked up a can of mineral spirits, about yea big, and just heaved it at me, and it struck me on the bridge of the nose, right there, you know, in the forehead.
MS. MEYERS: What did you say in response when Ms. Heard said, tell the world, Johnny, tell them Johnny Depp, I, Johnny Depp, I'm a victim, too, of domestic violence?
MS. MEYERS: I have nothing further, Your Honor.
THE COURT: All right. Sir, you can have a seat next to your attorney, please.
THE COURT: All right. Honor. Your next witness.
MR. MONIZ: We call Ben King, Your
THE COURT: Ben King.
Unknown: Can I do away with these?
THE COURT: You can leave that there.
[SECTION HEADER]: BEN KING, a witness called on behalf of the Plaintiff and Counterclaim Defendant, having been first duly sworn by the Clerk, testified as
THE COURT: Go ahead, sir.