The Johnny Depp vs. Amber Heard saga continues. Just one month after Depp’s formal appeal, Heard fires back, appealing the multi-million dollar defamation verdict against her. Heard claims the case will have a “chilling effect” on domestic abuse survivors.
This case, already one of the most watched trials in history, could see Depp and Heard back in court. To unpack the latest developments, we spoke with trial attorney and Depp-Heard legal expert Catherine Lizardo.
Heard’s Appeal: A Second Bite at the Apple?
Many are confused about the recent appeal, assuming it already happened. Lizardo clarifies: “After the trial, Heard filed post-trial motions asking Judge Azcarate to reverse the jury verdict. This was not an appeal, but a request within the same court, which was denied.”
Heard’s current appeal is in the Virginia Court of Appeals, a different legal playing field.
UK vs. US: Different Courts, Different Outcomes
Heard’s appeal references the UK trial, where Depp sued The Sun newspaper for libel. The UK court ruled in Depp’s favor, finding Heard’s abuse allegations true.
Her appeal brief argues: “This case should never have gone to trial because another court already concluded that Depp abused Heard.”
However, Lizardo highlights key differences between the trials:
- Different Parties: The UK case was Depp vs. The Sun, not Depp vs. Heard.
- Different Evidence Rules: The UK and US have different legal procedures and standards of evidence.
Additionally, Lizardo points out two crucial omissions in Heard’s appeal:
- Lack of Legal Basis: Heard doesn’t provide any legal precedent for a UK judgment influencing a US case.
- Missing Witnesses: Key rebuttal witnesses who strengthened Depp’s case in the US were absent from the UK trial.
These factors significantly weaken the argument that the UK verdict warrants overturning or retrying the US case.
A Chilling Effect on Abuse Survivors?
Heard claims the verdict will discourage other survivors from speaking out. Lizardo acknowledges the potential impact: “The vitriol directed at Heard after the trial could understandably deter others from coming forward.”
However, she emphasizes: “While the law must protect victims and encourage them to speak out, freedom of speech isn’t absolute. Defamation, especially with malicious intent, isn’t protected.”
The jury found Heard’s op-ed defamatory and made with “actual malice,” a higher legal standard for public figures like Depp and Heard.
Back to the Courtroom?
What are the chances of Depp and Heard returning to court? Lizardo believes the odds of a new trial are slim.
“Both have filed appeals, which could take years,” she explains. “Heard’s appeal will involve multiple rounds of briefs and responses, followed by a written decision from the Court of Appeals.”
This process could extend well into next year.
Depp’s Appeal: Laser-Focused
While Heard’s appeal is broad, Depp’s is laser-focused.
“Heard appeals the entire $10.35 million verdict and numerous evidentiary issues, totaling 16 assignments of error,” Lizardo explains. “Depp, however, focuses solely on the $2 million awarded to Heard for one of Adam Waldman’s (Depp’s former lawyer) statements, which the jury found defamatory against Heard.”
This strategic approach targets a specific aspect of the verdict, increasing Depp’s chances of success.
What’s Next?
The Depp-Heard saga is far from over.
Heard’s appeal will involve extensive legal arguments and analysis of the trial proceedings. Depp’s team will likely capitalize on the broad scope of Heard’s appeal, emphasizing the strength of the jury’s decision.
The coming months will be crucial, revealing the strength of each side’s arguments and the potential for a dramatic turn in this high-profile legal battle.
