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Johnny Depp and Amber Heard seen in a courtroom in Fairfax, Virginia, on May 3, 2022. Photo by JIM WATSON / Getty Images
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Johnny Depp’s lawyers have a message for his ex-wife Amber Heard: it doesn’t matter if the wrong jury came to his controversial defamation trial, you still have to pay.
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On Friday, Heartd’s lawyers made a last-ditch effort to get the $ 10.35 million sentence against his client rejected, citing revelation that one of the jurors found the Aquaman actress guilty of defaming Depp ever was summoned to court.
“In this case, it appears that jury number 15 was not, in fact, the same person who appeared on the jury panel,” attorney Elaine Bredehoft wrote in a statement obtained by Deadline. “Madam. Therefore, Heard’s due process was compromised. In these circumstances, a null trial should be declared and a new trial ordered.”
According to the record, Deadline reports, the subpoena for the jury was sent to a Virginia resident in April. But there were two people living in the same home: one 77-year-old (who was the one cited) and one 52-year-old (who appeared in court).
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“The individual who appeared as a juror with that name was obviously the youngest. Thus, the 52-year-old man … who was part of the jury for six weeks was never summoned to be a juror. April 11, “the presentation continued, violating Heard’s rights.
“As he certainly agrees with the Court, it is deeply worrying that a person not summoned to the jury should appear as a juror and be part of a jury, especially in a case like this.”
But in a response Monday, Depp’s attorneys responded by saying that Heard did not prove his defense was frustrated by the mistake.
“Not surprisingly, Ms Heard does not cite any jurisprudence to support her argument that the service of jury 15 if not the same person the court assigned as jury 15 somehow compromised her due process. and would justify the drastic remedy of ‘setting aside’ the verdict and ordering a new trial, “Depp’s lawyers wrote in a statement obtained by Variety. “Madam. Heard shows no prejudice and, as a result, his speculative arguments fail.”
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A note from Depp’s attorneys, obtained by Deadline, added: “While understandably upset with the outcome of the trial, Ms. Heard has not identified any legitimate basis to override the jury’s decision in any way. Virginia law is clear that a verdict should not be overturned unless it is “clearly erroneous or without evidence to support it” … Mr. Depp respectfully states that the Court should deny motions after the Mrs. Heard’s judgment, they come to the frivolous. “
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Depp sued Heard for $ 50 million, accusing her of defaming him with a 2018 opinion piece he wrote for the Washington Post in which he described himself as “a public figure representing domestic abuse.” The three-time Oscar nominee claimed her article ruined her career and sparked a number of canceled film projects, including a sixth feature film Pirates of the Caribbean.
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Last month, a seven-person jury awarded Depp $ 10 million in compensatory damages and $ 5 million in punitive damages (which has a $ 350,000 limit) for the article.
After the verdict, one of the jury members who ruled in favor of Depp told Good Morning America that they did not think Heard’s testimony was credible.
“The tears, the facial expressions he had, the stare at the jury, we were all very uncomfortable …” the jury said.
The Sun has sent emails to Heard representatives asking for more comments.
mdaniell@postmedia.com
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