Amber Heard's appeal over 'improper jury service' in Johnny Depp trial rejected
Amber Heard has had all of her post-trial motions dismissed by a judge after her loss against Johnny Depp in the defamation case.
Earlier this month, Heard’s lawyers claimed that the verdict that she had defamed Depp was not supported by evidence, and that the wrong juror had been on the jury during the trial.
On Wednesday, Judge Penny Azcarate said the juror issue was irrelevant and that Ms Heard could not show she had been prejudiced.
‘The juror was vetted, sat for the entire jury, deliberated, and reached a verdict,’ she said.
‘The only evidence before this court is that this juror and all jurors followed their oaths, the court’s instructions, and orders.
‘This court is bound by the competent decision of the jury.’
In the documents, Heard’s lawyers reportedly argued that Depp ‘proceeded solely on a defamation by implication theory, abandoning any claims that Ms. Heard’s statements were actually false.’
Depp’s lawyer Ben Chew responded in a statement to Courthouse News, saying: ‘What we expected, just longer, no more substantive.’
Last month, the 36-year-old Aquaman star was found by a unanimous seven-person jury in Fairfax, Virginia, to have defamed her Pirates Of The Caribbean actor ex-husband in a Washington Post article in which she claimed she was a victim of domestic abuse.
While Depp, 59, wasn’t named in the article, his lawyers argued the piece was defamatory against the actor and the court awarded him $15million (£12m) in compensatory and punitive damages.
Heard won one count of her $100m (£83m) countersuit, and was given damages of $2m (£1.6m), meaning she has to pay the 59-year-old $8m (£6.6m).
Heard’s attorneys requested a mistrial, claiming that the ‘wrong juror’ had been sat on the jury.
In documents filed last week, the Aquaman star’s legal team said that ‘newly discovered facts and information’ about the juror meant that a mistrial ought to be declared.
However, Depp’s lawyers hit back.
Documents obtained by Deadline state: ‘Following a six-week jury trial, a jury of Ms Heard’s peers rendered a verdict against her in virtually all respects.
‘Though understandably displeased with the outcome of trial, Ms Heard has identified no legitimate basis to set aside in any respect the jury’s decision.
‘Virginia law is clear that a verdict is not to be set aside unless it is “plainly wrong or without evidence to support it.”‘
It continues: ‘Here, the verdict was well-supported by the overwhelming evidence, consistent with the law, and should not be set aside.
‘Mr Depp respectfully submits that the court should deny Ms Heard’s Post-Trial Motions, which verge into the frivolous.’
Metro.co.uk has contacted reps for Amber Heard for comment.
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