I appreciate the shit out of the fact that Johnny Depp looks like a normal person at his age. No fillers or obvious plastic surgery. Receding hair line. Wrinkles and imperfections. A little extra weight. Makes him seem more human than a lot of celebrities.
Also making him seem more human is the fact that he seems to be deeply flawed. While it looks like Ms. Heard was also at fault in some things, that does not, by a long shot, make him a good guy in the scenario. I’m not actively following-in not that into celebrity news, but it still comes up in my feed sometimes.
Cancel culture can be problematic, but just because he’s in some of my favorite movies doesn’t mean he’s someone I should look up to or respect.
Comments from an acquaintance much smarter than myself-
Most of what has gone on in the Johnny Depp and Amber Heard lawsuit and countersuit has been irrelevant. Just as there are different criminal justice systems for different classes of people in America, there are also different civil systems — televised celebrity lawsuits are good for the local economy and are allowed to turn into a circus to draw more media and spectators. It was determined from the beginning that this trial would take a ridiculous six weeks so the judge is allowing total bullshit to be aired, just to fill the time they have set aside.
This whole thing started as a publicity stunt for the ACLU.
Depp paid Amber a seven million dollar divorce settlement and they both signed a non-disclosure agreement.
Amber said she was going to give half to a children’s hospital and half to the ACLU.
In return, the ACLU was going to make her an “ambassador” and based on statements she had made, they decided her specialty would be “domestic abuse.”
The ACLU wrote an opinion piece for Amber in her new role as ambassador for domestically abused people and timed the publishing of it to coincide with the release of Amber’s movie with that guy who rides a horse on the beach with his shirt open and makes all the girls swoon.
Amber’s lawyers got it and sent it back for editing, taking out all references to her marriage to Depp as they violated the non-disclosure agreement.
The two crucial things in a lawsuit: 1.) identifying the issue; 2.) determining the burden of proof.
About 90% of law school deals with “spotting the issue.” Laws change yearly; procedures change — you can look those things up when you’re handling a case. But you can’t look up what the legal issues are in a case in front of you.
This case is about defamation. And today, they finally started getting into the real legal issues — exactly what was said that was defamatory.
It’s just interesting that the ACLU wrote the piece for her; that’s not legally significant — she signed her name to it and it became her adopted voice.
Here’s the statement: “Two years ago, I became a public figure representing domestic abuse.”
That’s it.
That statement implies Depp abused her in some manner during the marriage.
Depp is suing her for defamation based on that statement.
The side asking for the money, has the burden of proof.
That is EXTREMELY important.
In essence, Amber said, “Depp abused me.”
Depp says, “that’s a lie.”
Since DEPP has the burden of proof, he has to PROVE that she is lying; she does NOT have to prove that what she said is true.
See how important burden of proof is?
She doesn’t have to prove he abused her; HE has to prove he did NOT.
In order for Depp to prevail, he has to convince the jury that: 1.) Amber was lying when she said he abused her; and, 2.) Amber KNEW it was a lie.
The tables turn on the countersuit. Since she is asking for the money, she has the burden of proof on the countersuit. Amber is countersuing on the same issue E. Jean Carroll is suing Trump — calling her a liar.
The statute of limitations had already run on E. Jean Carroll suing Trump for assault. But when he denied he had done that, he essentially called her a liar which damaged her reputation so she sued him for defamation.
After Depp sued Amber alleging she lied when she said he abused her, Amber sued Depp saying his denial of abusing her was essentially calling her a lie and that has damaged her reputation.
On this countersuit, Depp doesn’t have to prove she is a liar; Amber has to prove she is NOT lying when she says he abused her.
Depp’s childhood is wholly irrelevant.
You know what else is irrelevant?
Amber abusing Depp.
That is 1,000% irrelevant.
To prevail on the main lawsuit, Depp has to prove Amber was lying when she said he abused her — which means he has to prove he NEVER abused her, not even once; AND he has to prove she KNEW it was a lie; that she KNEW he NEVER abused her, not even once.
Because if he abused her just one time, her statement in the opinion piece would be technically true, and it if is true, there is legally no defamation.
To prevail on the countersuit, Amber has to prove Depp was lying when he denied abusing her, meaning she has to prove he DID abuse her, AND, prove he KNEW he abused her.
So Depp has to prove he never abused Amber, in the main lawsuit. And Amber has to prove he did abuse her, in the countersuit.
There is NOTHING in either the main suit or the countersuit that involves AMBER’S actions.
Depp’s sad childhood and Amber’s treatment of Depp have absolutely no relevance whatsoever in this case.
Amber telling Depp no one will ever believe him about Amber abusing him has nothing to do with the case because whether Amber abused him is not an issue in this case.
And the “intent” is extremely important.
Abuse can be physical or mental or emotional.
Assume Depp can prove he NEVER, not even once, abused Amber. Can he prove she FELT, deep down inside, that she had not been abused and just decided to intentionally lie?
It’s going to be tough for him to prove that she didn’t genuinely believe he had emotionally abused her.
And if she genuinely believed he emotionally abused her, then her writing that statement was not an INTENTIONAL lie, even though it may have been a lie.
Likewise, assume, in the countersuit, Amber can prove Depp did abuse her. Can she prove he KNEW he emotionally abused her and intentionally lied by filing the lawsuit claiming he didn’t?
He can easily say, “I didn’t realize saying that to her everyday was making her feel emotionally abused.”
I know many people reading this will think I complicated it. But really, I have simplified it. Because I have boiled it down to the only two issues involved in the suit and countersuit.
It seems complicated because the judge is allowing all this totally irrelevant bullshit and people are choosing sides and pulling for their team as if this whole thing just boils down to who abused who?
Depp’s childhood is irrelevant. Amber’s treatment of Depp is irrelevant. Everything is irrelevant except the following:
LAWSUIT:
1.) Depp must prove he never abused Amber, in ANY way, not even once; and,
2.) Depp must prove Amber KNEW he didn’t abuse her and intentionally lied by saying he did.
COUNTERSUIT:
1.) Amber must prove Depp did abuse her in some way, at least once; and,
2.) Amber must prove Depp KNEW he abused her and intentionally lied when he said he didn’t.
I don’t see how either party is going to be able to carry their burden of proof in order to prevail on either claim. It is almost impossible to prove the other party “knew” something and “intentionally” lied.
If the judge correctly instructs the jury on issues and burdens of proof, I think both parties will walk away with a “zero” verdict.
And then maybe we can get back to saving democracy across the globe.
-Cree is a lawyer in the state of Georgia. https://www.patreon.com/hardegree