Johnny Depp calls Amber Heard’s attempt at mistrial a ‘failure’

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Johnny Depp’s lawyers have a message for his ex-wife Amber Heard: It doesn’t matter if the wrong juror appeared at their controversial defamation trial, you still have to pay.

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On Friday, Heard’s attorneys made a final attempt to overturn the $10.35 million judgment against their client, citing the revelation that a jury found it Aquaman The actress, who was found guilty of defaming Depp, was never summoned to appear in court.

“In this case, it appears that juror #15 was not in fact the same person listed on the jury,” attorney Elaine Bredehoft wrote in a statement obtained by meeting. “MS. Heard’s due process has therefore been compromised. In these circumstances, a mistrial should be declared and a new trial ordered.”

According to the edited file, meeting The jury service subpoena was reportedly mailed to a Virginia resident in April. But two people lived at the same address – a 77-year-old (who was the one summoned) and a 52-year-old (who appeared in court).

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“The person who came to jury duty with that name was obviously the younger one. Therefore, the 52-year-old, who served on the jury for six weeks, was never summoned for jury duty on April 11,” violating Heard’s due process rights, the filing continued.

“As the court will no doubt agree, it is deeply troubling for a person who has not been summoned to appear on jury duty to nevertheless appear on jury duty and be a member of a jury, particularly in a case like this.”

But in a response Monday, Depp’s attorneys fired back, saying Heard had failed to prove her defense was thwarted by the error.

“Not surprisingly, Ms. Heard cites no case law to support her argument that the service of juror 15, if not the same person the court assigned as juror 15, somehow interfered with her due process and the drastic remedy of annulment would warrant the judgment and ordering of a new trial,'” Depp’s attorneys wrote in a statement obtained by diversity. “MS. Heard shows no bias whatsoever, and accordingly her speculative arguments fail.”

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A memo filed and received by Depp’s attorneys meeting, added, “While Ms. Heard is understandably dissatisfied with the outcome of the trial, she has not identified any legitimate basis to overturn the jury’s decision in any respect. Virginia law is clear that a judgment cannot be overturned unless it is “clearly wrong or there is no evidence to support it” … Mr Depp respectfully requests that the court deny Ms Heard’s post-trial motions should that border on the reckless.”

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Depp sued Heard for $50 million, accusing her of defaming him with a 2018 op-ed she wrote for Washington Post In it, she described herself as “a public figure who represents domestic violence.” The three-time Oscar nominee claimed her article ruined his career and led to a string of canceled film projects, including a sixth Pirates of the Caribbean special feature.

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Last month, a seven-member jury awarded Depp $10 million in compensatory damages and $5 million in punitive damages (capped at $350,000) over the article.

After the verdict, one of the jury members decided Depp’s favor said Good morning America that they did not believe Heard’s testimony to be credible.

“The crying, the expressions she had, the staring at the juror — we all felt very uncomfortable…” the juror said.

That Sun has emailed Heard’s rep for further comments.

mdaniell@postmedia.com

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