Culture/ 22/05/2022/

The Johnny Depp vs Amber Heard Trial: Everything You Need To Know

By Robecca Leyden.

Johnny Depp & Amber Heard.

A lot and I mean a lot, has been said about this case.

So, let me start by telling you a little story.

I like to think of myself as a strong feminist. I try my best to embrace womankind (intersectional of course), and I try to default to believing victims and survivors. However I didn’t necessarily believe Amber Heard. Like much of the world I have been unwillingly forced into awareness of Heard vs Depp through being active online. I had not considered the case much at all; though I presumed that yes, this probably was a (rare) case where the victim - Heard - was lying. After all, there was overwhelming evidence that she was guilty, right? Of course there was - it’s all over the internet that she’s obviously guilty. At the very least her behaviour was as bad as Depp's was. Right?

As more content about the case popped into my newsfeeds; I gave in one late night, bored in a hotel room - I started looking for article citations of these disturbing claims against Heard. “She cut his finger off in a fit of rage! She shit in his bed! She’s unhinged!” There's got to be something proving the internet’s claim she’s basically evil.

The more I looked, the more I realised that none of the claims against Heard had any substance. I like to consider myself a critical thinker. Half of my degree was dedicated to critical thinking. I had been a University researcher. However the deeper I got, the more I found the accusations against Heard led nowhere. It had seemed I’d been duped into believing complete and utter lies. I had let the hatred society seemed to have for this woman creep into my peripheral psyche and I, myself, had viewed her with disdain for no apparently obvious reason other than Johnny Depp’s claims and internet hearsay.

Damn.

It made me think: Why? Why was she so unanimously hated by the Internet? If what she said about Depp was in any way true (which it has been proven beyond reasonable doubt to be so), he was at best a jilted man-child, surrounded by yes-men and at worst an abusive monster with waaaaay too much power. Could the internet's love of ‘Captain Jack Sparrow’, an ageing Hollywood A-lister, be strong enough to eclipse and defend an obviously terrible, terrible person?

Yes.Yes it could.

Let’s return to my late-night hotel room. I started doing what I do best when faced with too much time and a topic I’m not sure what opinion to form - I dove deep into researching it. Thirty or so hours of researching this case, reading court documents, articles, watching videos finding legitimate citations to aid what I thought was going to be a well-researched Instagram rant, has turned into a full-blown article.

Here is what I found:

1. This current trial, the one that fans have been arguing will prove his innocence; the very one that comedian Bill Burr believes if won, Heard should publicly apologise to Depp - is a defamation of character suit over Heard’s 2018 open letter on domestic violence. Not a domestic abuse suit. He has already been found guilty of that. Twice. This is Depp’s third attempt to attack Heard because she dared to speak out about her experiences.. Let’s keep in mind Depp was never named once in the article, and his team are forcing her to take the stand and relive in detail some pretty gross abuse. Further, Depp’s team have insisted this latest trial be live streamed for the public. It’s safe to say they are well aware this will fuel the public persecution of Heard.

2. Breaking down the accuasations of Depp’s case - his side claim the 2018 op-ed “Amber Heard: I spoke up against sexual violence - and faced our culture’s wrath. This has to change'' paints Depp in a bad light. A bad light that is detrimental to his career. It needs to be reiterated that Heard does not mention Depp or describe him once in this article. She talks about an abusive childhood and having to be the victim-face of domestic abuse as an ambassador on women’s rights at the American Civil Liberties Union.

The first claim by his team (in the current trial) is that the title was detrimental to Depp - this has already been thrown out. It is also deeply, deeply ironic that an essay describing how horrible it still is to be an abuse victim coming forward, because society will take the abuser’s side if they have an ounce of charm, is being used BY the abuser to publicly destroy an abuse victim. Watching Heard’s essay so perfectly fulfil its claim like a horrific prophecy, would almost be funny if it wasn’t so disturbing.

3. In May 2016 Heard filed a Domestic Violence Restraining Order against Depp. This is also the only preemptive 'attack' on Depp, every thing else is coming from his side. She was granted the restraining order. Why? Evidence.

4. In June 2018 Depp began his public tirade by suing the UK newspaper The Sun for labelling him a ‘wife beater’. He claimed the aim of The Sun had been to convince their readers that he was a domestic abuser and to plead Rowling to drop him from the Fantastic Beasts film. UK High Court Justice Andrew Nicol ruled that allegations against Depp, made in the 2018 article, were “substantially true.” The judge ruled that Depp had in fact assaulted Heard on a dozen occasions, and put her in fear for her life three times. By November 2020, the High Court ruled that Depp had lost his case as twelve of the fourteen incidents alleged by The Sun had been "proven to a civil standard".

Depp lost this case.

He then unsuccessfully appealed to overturn the verdict - he claimed he wasn’t able to show all the evidence his team had. Depp argued Heard was an unreliable witness because she hadn’t kept her promise to donate her $7 million divorce settlement to charity. The appeals judges said it was “pure speculation, and in our view very unlikely” that the fate of the divorce money influenced judge Nicol’s decision. The justices, James Dingemans and Nicholas Underhill, said the earlier court hearing was “full and fair” and the trial judge’s conclusions “have not been shown even arguably to be vitiated by any error of approach or mistake of law.”

Two things on this; firstly, even if she chose to spend the money on booze and strippers, it’s her money and she can do with it whatever she wants. Secondly, Depp is suing her for 50 million US dollars and entangelling her in a very expensive court case. He has made it so she cannot get work and is living beyond her means; is she meant to live and pay for this with fresh air? No. This is a ridiculous claim. The case was seen as damaging to both Depp and Heard's careers. Not just his career. She will also struggle to work now, even though she's been clearly found to be the victim in this scenario. Keep in mind that he has magnitudes more funds at his disposal than she does.

Are you keeping count? So far Heard won a restraining order against Depp while applying to divorce him, The Sun & Heard won Depp’s libel suit and the subsequent appeal.

5. There were 14 accusations by Heard. 12 accusations that a Court of Law found sufficient evidence to deem Depp guilty. According to Lucia Osbourne-Crawly, a law journalist at one of the most reputable legal news agencies in the world states “The UK is famously one of the easiest places on earth to win a libel suit”. That case should have been reasonably easy for the rich, white, powerful man to win (big surprise) if he had any decent evidence. He did not. You know who did have sufficient evidence? Amber Heard.

6. Depp has publicly battled with alcohol and drug addiction. This behaviour goes hand-in-hand with domestic violence, as so, so many studies and first-hand accounts have shown.There is video evidence of Depp becoming enraged while intoxicated while Heard is audibly trying to talk him down. She is scared and pleading with him to calm down. You know what there isn't? Videos of Heard destroying furniture or aggressively yelling. Or drinking an entire bottle of wine for breakfast, like there is of Depp.

7. Depp has had at least six recent lawsuits against him and even more historically, most of which around violence, with even more claims and lawsuits historically. Some of the bigger ones include: being arrested in 1989 for assaulting a hotel guard in Canada (Amber Heard was 3 years old by the way - he has been getting away with, and profiting from this behaviour since almost before she was born.). He was arrested in 1994 for trashing a hotel room in New York City, and is being sued right now for assaulting a crew member. Court documents filed by Gregg "Rocky" Brooks in Los Angeles in 2018 claim the actor, aged 55 at the time, punched him twice in the ribs during a foul-mouthed tirade outside Los Angeles' Barclay hotel while Brooks was simply trying to wrap up filming on the set of Depp’s film, City of Lies.The papers also state the actor "reeked of alcohol" and took drugs on set. The article I’m quoting, which appeared on the BBC in 2018, goes on to say: “Brooks' case against Depp adds to a mounting list of legal problems facing the Pirates of the Caribbean star. He is also embroiled in a legal battle with his ex-managers and is suing his former lawyers, claiming they cheated him out of millions of dollars. There is no mention of Heard or The Sun, but plenty of mention of an out of control Depp ruining his own career. This is to name just a few of his current legal battles and history of violence. Oh yeah, there are more. @arkhamcitysiren on twitter has made a great list of accounts and evidence. You know who doesn’t have any other legal problems? Amber Heard. You know who has never been proven to have hit staff (or even been accused of it) or been caught having violent public meltdowns? Amber Heard.

8. There are a whole bunch of disturbing messages sent by Depp mostly about Heard, but also about ex-partner and mother of his children Vanessa Paradis. “Let’s drown her before we burn her!!!” Depp wrote to actor Paul Bettany in June 2013 about Heard. “I will fuck her burnt corpse afterwards to make sure she’s dead.”. There are also recordings of Depp calling Heard a ‘fat ass’ and ‘cunt’. In a 2013 email to Elton John, Depp wrote “'On the other side of the coin… my kids have fallen head over heels in deep love with Amber (my girl) and that pressure off my shoulders is fucking gone!!!,' he told Sir Elton. 'That is unlike the 'French extortionist (ex cunt) attempts to brain wash them against her… which, I'm sure is imminent.” In another message, he described Paradis as a “withering cunt”. This is all abusive behaviour and I would like to note that the ‘“withering cunt” Paradis is 10 years younger than Depp.

9. Two of the biggest claims against Heard are the bed faeces incident and that she took his finger off. Firstly, it doesn’t matter if she actually did shit in their bed. Seriously. It doesn’t matter if it was dog shit, it doesn’t matter if it was her, it doesn't even matter if she fed chilli to a homeless man and he did it. As gross as placing human or dog shit in a bed is, it’s in her house, in her own bed. It’s not illegal. Therefore it doesn’t matter in this case. What it is, is a tactic to humiliate and dismantal Heard’s sex appeal. Something that is imperative to be a Hollywood starlet. In saying all that, this ridiculous allegation was judged highly unlikely in court. What is more likely, much more likely; is one of the couple’s dogs, who was just on the bed, did it.

Secondly, the finger incident. This one especially gets me because I’m no doctor, but you’re telling me that in something reminiscent of the Seinfeld ‘magic loogie’ scene, Heard threw a bottle that magically takes off the tip of Depp’s finger. He went on record as stating: "I didn't want to disclose that it had been Ms. Heard that had thrown a vodka bottle at me and took my finger off,". Were there razor blades penetrating from said bottle? Did she spend time sharpening the bottle? Depp is claiming that this vodka bottle, somehow defying physics; smashes as she throws it at him and somehow a shard of glass transforms into something with the accuracy of a sushi knife, and cuts the top of his finger off? Sure, Jan. What does sound much more likely, that Depp, being the man-child that he is, was wasted and either intentionally or accidentally cut his finger (he has a history of self harming) and used the blood to write creepy nonsense across the mirror. Oh look, there is photographic evidence. Let’s also remember this is a grown man in his 50s, and not a hormonal teenager. It was “not only that Mr Depp had wrecked the house, he had cut off his own finger” and then “went on to dip his finger in paint … and scrawled graffiti over the property” said Sasha Wass QC, summing up for NGN, which owns The Sun.

9. This is a rape trigger warning for what I am about to write. Anyone can read the 14 allegations against Depp, 12 of which he was found guilty of. Possibly the most disturbing incident is #8. Australia March 2015, Depp allegedly struck her several times, ripped the clothing off her body, then vaginally penetrated her with a bottle. He accepted Heard had been the victim of “sustained and multiple assaults”. HE ADMITTED IN THEIR DIVORCE TRAIL SHE WAS HURT. This is all I will write about this incident because it speaks for itself and is too repugnant to dwell on.

10. Depp has a history of predatory behaviour by seeking out much younger women. This is often a tactic of abusers because they use their age, experience and power to control the younger partner. It is gross AF that he first met Heard when she was 23 on the 2009 set of The Rum Diary, and he was 48. FORTY EIGHT! I am in my early 30s and 23 year olds seem like children to me. I would not expect a 23 year old to be in the same life stages as me, nor would I expect them to be my intellectual equal. That might sound harsh but the prefrontal cortex, the brain’s rational part, isn’t fully developed until 25 or so. An extremely powerful and much older man, entering into a relationship with a 23 year old is predatory. Let’s add on that he had a family at the time they met and has publicly admitted they had at least one sexual encounter on that set. If you put money, fame and influence aside, most parents would be horrified if their 23 year old child came home with a 48 year old. It is predatory. Then there is Kate Moss who was 20 when Depp was 30 odd and Winona Ryder was only 17 when he was 24 and Paradis who was 25 to a 35 year old Depp. Most recently, and absolutely disgustingly, Depp dated Russian dancer Polina Glen from 2018 when she was just 22 and he was 54/55. Look, if you meet someone who is lots younger or older and you gel - cool, you do you. If you exclusively only seek out much younger partners that you can ‘mould’- you’re a dick.

11. Social media and Adam Waldman. Who is Adam Waldman you may ask? Why he’s Depp’s ex lawyer. “The chief architect behind Depp’s sue-’em-all strategy is Adam Waldman, a handsome Washington lawyer with his own sheen of controversy given a clientele that has included Russian oligarchs”. states The Hollywood Reporter in 2020. Waldman was suspended from twitter for breaching privacy regulations. Waldman has such a bad reputation, the current judge of Depp’s US trial has kicked him off the case for releasing confidential information to the press. It has been speculated Waldman was manipulating social media in favour of Depp. I wasn’t going to even mention Waldman, because although interesting, I didn’t think it was one of the major issues at hand. That was until VICE came out with this doozy of a claim: The Daily Wire Spent Thousands of Dollars Promoting Anti-Amber Heard Propaganda. The conservative outlet, founded by Ben Shapiro (you may remember him as the alt-right American political commentary who accidently informed the world he couldn't get his wife aroused during sex) , is currently the second most popular news publisher on Facebook. It has so far spent between $35,000 and $47,000 on Facebook and Instagram ads promoting articles about the trial, eliciting some four million impressions. The majority of these ads promote one-sided articles and videos with a clear bias against Heard. They are largely promoted via the Facebook pages of high profile conservative figures including right-wing commentator Candace Owens.

Further, according to data from social-media tracking firm NewsWhip, the Depp/Heard trial amassed more social media interactions per published article than any other topic, including the Russia/Ukraine war or reproductive rights in the US. “Pro-Depp” and “anti-Heard” content in particular has gained traction online; from hashtags such as #amberheardisapsycopath trending on Twitter to lip syncs mocking Heard’s abuse testimony going viral on TikTok. The Daily Wire spent an estimated $20,000 to $25,000 on promoting a Candace Owens article falsely claiming, “Depp was able to disprove 12 of Heard’s 14 allegations”. Three million people have seen this advert.

Things that can be taken away from this mess of a situation:

1. Regardless of who did what, the outcome or how much you hate a particular celebrity, it’s not okay to treat such serious allegations of abuse as Internet entertainment. The parodies on TikTok and other social media, which I am purposely not linking, are disgusting human behaviour at its worst. Heard is receiving more hate than actual paedophiles. She is receiving more hate than Harvey Weinstein and Bill Cosby. The Golden State Killer, one of the worst serial killers of all time, who committed 13 murders, 50 rapes, and 120 burglaries across California between 1974 and 1986 was finally apprehended in 2018 and has not received as much hate. The world has decided to hate this one, single woman, who dared to leave Johnny Depp after suffering the effects of an abusive relationship. Even if she was as bad as so many people think, isn’t it a good thing she left before one of them killed the other? Why hate her for doing the right thing and ending an incredibly toxic marriage?

2. It’s also not okay to coddle Depp at his court hearings by treating it like a fan meet and greet. Running up to Depp and giving him flowers as if he is at a movie premier is ridiculous. Depp engaging in this behaviour only goes to show this is the real reason he is even pursuing this case - he needs the public to love him and hate Heard, his career prospects require it.

3. There is absolutely no way this man who countless times called Heard a cunt, talked about fucking her dead corpse, destroyed countless rooms in front of her, ripped her hair out, raped her, used his money and power to control her - is a domestic violence victim in this situation. Power is tilted so far in his favour that by definition he cannot be named the victim.

4. Amber Heard’s morality is not on trial here.This is not a criminal trial. It’s hard to believe because of the way the public are crucifying her; but this trial essentially comes down to whether or not the 2018 op-ed by Heard directly damaged Depp’s career and whether she lied while writing it. He and his team are forcing her to relive the gruelling details of this awful, humiliating, abusive relationship in front of the world. The world is seemingly lapping it up, for entertainment - like some twisted Black Mirror episode. Or maybe worse, more fact than fiction - something more like the Salem Witch Trials. We are watching Heard being burned at the stake in real time as if she were not a living, breathing human, comfortable in the knowledge it could never happen to us. Are you sure it couldn’t happen to you or someone you love?

Why you should care:

This case revolves around annoying, rich celebrities. I get it. I’ve always steered clear of Hollywood gossip rags (mainly because I just don’t care), and I’ll openly say I’ve never been much of a Depp fan - I don’t care that he played the pirate version of himself, and when he tries to carry a mainstream film he sucks (The Tourist, Secret Window). Plus now he looks like he doesn’t wash and has some of the worst sense of style I have ever seen (who told this man scarves, eyeliner and cowboy hats were a great combo?). Truthfully, I’m not sure I would be friends with Heard had I known her personally (though the more I look into this, she actually seems like a pretty cool person- seriously). I care a lot about this case because we are watching (in real time) the absolute crucifixion of a woman who dared to challenge a rich, white powerful man who abused her. It’s terrifying because the public are more willing to believe Depp, even though he has no real evidence, years of drug and alcohol abuse, case after case of extreme anger issues not to mention two separate courts ruling that he was indeed abusive towards Heard - than to admit that their beloved Captain Jack Sparrow, their darling Edward Scissorhands, their frankly baffling Willy Wonka, is an abusive douche-bag.

This is the blow back from the #MeToo movement. This case and the way it is being publicly handled is so dangerous because it is all the evidence needed for millions of domestic abuse victims around the world to not ever come forward. If rich, white, young and beautiful Amber Heard won’t be believed and is even publicly shamed, threatened and mocked - what chance do survivors who don’t fit into some or any of these categories have? This comes at a time when women murdered by their spouse or partner is on the rise.

The final point I want to make is the one I found most startling, is the amount of intelligent, compassionate and usually critical thinking people who sit on the fence with this case because ‘they are as bad as each other’. Myself included. I started out thinking she probably abused him right back, gave as good as she got. This is what the tabloids and those with a vested (read: monetary) interest in this circus want you to think. A simple google search will take anyone to court documents and article after article documenting Depp’s despicable behaviour. Yelling at him and punching him back do not make this even. He has never been scared for his life with her. All you have to do is watch the court streams where he laughs and smirks every day. He is not torn apart for crying one day too little and crying another day too much. A question everyone reading this should ask themselves is what would you do if that was you up there? Trying to simply get away from a man who deeply traumatised you for most of your adult life? How scared would you be if the entire public turned against you and mocked and pulled apart every detail of your life? At the very least, if you don’t believe her, treat the case with dignity because neither Depp nor Heard can see you post memes and videos mocking everything she does - but the survivors in your life (and whether you know it or not, someone you love is the victim of domestic abuse), can see it, and they are absolutely devastated by your behaviour.

I’m going to end this with an ironic quote from Heard’s 2018 open letter.

“Let’s start with the truth — the cold, hard truth. When a woman comes forward to speak out about injustice or her suffering, instead of aid, respect and support, she will be met with hostility, skepticism and shame. Her motives will be questioned and her truth ignored.”