Amber Heard has asked a Virginia judge to overturn her losing conviction against Johnny Depp and order a new trial, claiming the verdict was not supported by evidence at trial.
Lawyers for the 36-year-old Aquaman Star laid out a 43-page proposal claiming Dept “proceeded solely on a theory of defamation by implication, abandoning any claim that Ms. Heard’s statements were in fact false.”
Calling the verdict “excessive,” the document continued, “Ms. Heard respectfully requests that this court vacate the jury’s verdict in its entirety in favor of Mr. Depp and against Ms. Heard, dismiss the appeal, or, in the alternative, order a new trial period.”
The trial ended on June 1, with the jury finding that a A 2018 article Hurd wrote for The Washington Postabout her alleged experience as a survivor of domestic violence, was defamatory of the 59-year-old Dep.
The jury of five men and two women reached the verdict unanimously, saying Depp had proven all the elements of defamation.
They also found the majority of Heard’s claims to be false and believed to convey a defamatory insinuation.
Depp, who sued Heard for $50 million (£38.2 million), was awarded $10.35 million (£8.2 million), a figure Heard’s lawyer Elaine Bredehoft “absolutely could not” allowed to pay, and in the documentation called the amount “indefensible”.
The amount was subsequently reduced by Judge Penney Azcarate to $350,000 (£293,000) under a state cap.
Heard, who counter-sued the Pirates of the Caribbean star for $100m (£76.4m), won on one count, successfully arguing that one of Depp’s lawyers had defamed her by saying , that her claims were an “abuse hoax” aimed at capitalizing on the #MeToo Movement.
The jury awarded her $2 million (£1.5 million) in damages.
The motion also raised questions about “inconsistencies” in the recorded age of a juror, citing “potential jury misconduct.”
According to the filings, Jury 15 is listed as born in 1945, but Heard’s lawyers say “publicly available information indicates that he appears to have been born in 1970.”
Heard’s complaint also claims that the jury did not have enough evidence to conclude that Depp lost film roles after her publication.
During the trial, the jury was told that because of Heard’s article in the Washington Post, Depp was not asked to reprise his role as Jack Sparrow in the sixth installment of the Pirates of the Caribbean franchise.
In response to Heard’s calls for the sentence to be overturned, Depp’s lawyers said the request was “what we expected, only longer [and] without more substantial’.
At the sentencing in June, Depp’s legal team said they were extremely grateful to the jury and that it was a victory for “truth and justice.”
Depp said he felt “relieved” and “really humbled” after winning the case, adding that his decision to pursue the case “was only made after extensive consideration” and his goal was to “get the truth out regardless of the outcome.” .
However, after appearing in court for all the evidence, Depp was not there for the sentencing, instead touring the UK with musician Jeff Beck.
Heard said she was “disappointed” with the result, calling it a “setback” for all women.
Her lawyers previously promised she would appeal the decision, saying there were “excellent reasons” to do so because there was “so much” evidence that was not included during the trial.
Heard’s attorney also said she “absolutely cannot” afford to pay the $10.35 million originally awarded to Depp.
Judge Azkarate said Heard would have to post bail of $8.35m (£7m) before an appeal could be made.
The original trial lasted six weeks and called numerous witnesses, experts and testimony from Depp and Heard themselves.
Amber Heard calls for new defamation trial against Johnny Depp after losing multimillion-dollar defamation case | Ents & Arts News
Source link Amber Heard calls for new defamation trial against Johnny Depp after losing multimillion-dollar defamation case | Ents & Arts News