A jury ended a second day of deliberations on Tuesday without reaching a verdict on the defamation claims of Johnny Depp and ex-wife Amber Heard over their volatile and unhappy marriage.
The seven-person civil jury heard the final arguments on Friday and deliberated for about two hours before leaving for the long Memorial Day weekend. Jurors then deliberated for another seven hours on Tuesday. Proceedings are scheduled to resume Wednesday at the Fairfax County Circuit Court.
Depp is suing Heard for $ 50 million, accusing her of defaming him with a 2018 opinion piece he wrote describing himself as “a public figure representing domestic abuse.” Heard filed a $ 100 million counterclaim against the “Pirates of the Caribbean” star after his lawyer called his allegations a hoax. Each accuses the other of having destroyed his career.
The testimony during the six-week trial included a litany of appalling details of their short marriage. Heard testified that Depp physically or sexually assaulted her more than a dozen times. During her testimony, Depp testified that she never hit Heard, that she made up allegations of abuse, and that she was the one who physically assaulted him several times.
During the final arguments, both parties told the jury that a verdict in their favor would bring their clients back to life.
On Tuesday, Depp’s attorneys asked Judge Penney Azcarate to instruct the jury not to consider part of the final argument made by Heard’s attorney.
In their written motion, Depp’s attorneys said Heard’s attorney told the jury that his decision in the case would send a message to “all victims of domestic abuse everywhere.” Heard’s lawyer, Benjamin Rottenborn, told the jury that a sentence against Heard “sends a message that no matter what you do as a victim of abuse, you should always do more.”
“No matter how honest you are about your own imperfections and shortcomings in a relationship, you have to be perfect for people to believe you. Don’t send that message,” Rottenborn said.
Depp’s lawyers argued that Rottenborn’s argument unduly asked the jury to focus on a larger social goal than the case they are being asked to decide.
“This argument by Ms. Heard’s attorney unduly invites the jury to decide the case ‘based on passion and prejudice’ and specific jury instruction is needed to cure this irregularity,” Depp’s lawyers argued.
The judge told Depp’s lawyers in court that she would not accept the motion because the case is now in the hands of the jury.
A Heard public relations firm did not immediately respond to a request for comment on the motion.
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