Earlier this week, Amber Heard announced a significant change to her legal team for her appeal in the defamation case with Johnny Depp. Elaine Bredehoft, lead counsel during the trial, has stepped down, though Ben Rottenborn remains. Heard has brought on two new lawyers, David L. Axelrod and J. Ward Brown from the firm Ballard Spahr, as lead counsel for her appeal.
This move has sparked much speculation and analysis. What does this change mean for Heard’s appeal strategy? Will these high-profile lawyers be able to secure a different outcome for her?
A Focus on the First Amendment
Axelrod and Brown are known for their successful defense of The New York Times against a defamation lawsuit filed by Sarah Palin. In a statement, they emphasized the significant First Amendment implications of Heard’s case, suggesting that this will be a focal point of their strategy.
This approach aligns with the arguments made by Ben Rottenborn during the trial, where he consistently highlighted the First Amendment implications of Heard’s op-ed. However, the jury ultimately found that Heard had acted with actual malice, making her statements unprotected by the First Amendment.
Amber Heard and her attorney Elaine Bredehoft react to the verdict in the courtroom at the Fairfax County Circuit Courthouse
New Evidence or a Different Interpretation?
In her statement announcing the change in counsel, Heard hinted at “so much new evidence” coming to light. This claim has raised eyebrows, as appellate courts typically focus on reviewing the existing trial record for errors, not introducing new evidence.
While it’s possible that Heard’s team has uncovered new information related to procedural issues or jury misconduct, it’s unlikely to significantly impact the outcome of the appeal. The appellate court’s primary focus will be on whether the trial court made any legal errors that would warrant a reversal or a new trial.
The Role of Elaine Bredehoft
Elaine Bredehoft’s decision to step down has also fueled speculation. In her statement, she expressed her continued support for Heard and her commitment to assisting the new legal team. However, the circumstances surrounding her departure remain unclear.
Some legal experts have questioned Bredehoft’s trial strategy and courtroom demeanor, suggesting that these factors might have contributed to the jury’s verdict. Whether or not Heard intends to pursue any legal action against Bredehoft for ineffective counsel remains to be seen.
The Challenge Ahead for Heard’s New Team
The road ahead for Heard’s new legal team is undoubtedly challenging. Overcoming a jury verdict, particularly one with such high public interest, is no easy feat. The appellate court will scrutinize the trial record with a fine-tooth comb, looking for any legal errors or procedural irregularities.
While the focus on the First Amendment provides a potential avenue for appeal, it’s not a guaranteed path to victory. The jury’s finding of actual malice presents a significant hurdle, as it suggests that Heard made false statements with knowledge of their falsity or reckless disregard for the truth.
The Future of the Case
The legal battle between Heard and Depp seems far from over. This appeal is just another chapter in a long and contentious saga. Whether or not Heard’s new legal team can secure a different outcome remains to be seen. One thing is certain: the public will be watching closely as this case continues to unfold.
