Weeklong break in Depp-Heard defamation trial gives Depp’s team advantage in cross-examination, expert says:
As Amber Heard delivered her testimony in court before the break, Johnny Depp’s team stated that their strategy will be to “sling as much mud as possible” to discredit Ms. Heard. Their cross-examination will focus on this strategy as this continues to be an uphill battle for Depp’s team to clear his name in this case.
Depp is trying to prove to a jury that the actress defamed him in an op-ed she penned for the Washington Post that alleged she was the victim of domestic and emotional abuse without specifically naming the “Pirates of the Caribbean” star, 58.
Depp’s case is no layup for his legal team, according to a leading entertainment attorney.
Daniel Gutenplan, who has represented clients on both sides of high-profile defamation cases, contends Depp still has an “uphill battle” to win his case and secure the $50 million judgment he is seeking.
‘Defamation plaintiffs’ have ‘an uphill battle’
“As most defamation plaintiffs have, Depp and his team have an uphill battle and have a challenge in proving the case because they have to prove, first of all, that anything that was said [in the op-ed and Heard’s testimony] is completely false,” the media, entertainment and IP attorney told Fox News Digital.
“The Washington Post piece in question, of course, doesn’t mention Mr. Depp by name, although, his camp will argue — and I think it’s a compelling argument — that a reasonable reader will assume that the article was written about Mr. Depp. But of course, it doesn’t just not mention him. It also does not mention any specific instances of abuse or events. So it doesn’t say, ‘On this date, at this time or at this place, this thing happened. He did this to me.’ It just generally references being a victim of abuse,” the lawyer added.
‘Poke every little hole’ in Heard’s testimony
Gutenplan, who is not involved in the Depp-Heard proceedings in Fairfax, Virginia, maintained the weeklong adjournment couldn’t have come at a better time for Depp and his legal team given the wild details that have emerged. It gives Depp’s team ample time to prepare cross-examination of Heard, 36.
“They’re going to poke every little hole in her testimony that they can, and they’re going to try to create so many inconsistencies that they’re going to (tell) the jury, ‘If she can lie to you and misrepresent or change her story in these small ways, the entire testimony is polluted. You can’t possibly believe any of it,'” Gutenplan added.