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Amber HeardKate Moss’ surprise reference to the helm last week that prompted Johnny DeppLawyers for having a blast can backfire in spectacular fashion, sources and experts tell Fox News Digital.
The “Aquaman” actress told jurors on May 5 that the only time she had “dealed a blow” was during a fight with Depp over his alleged infidelity in March 2015, when she thought he was about to push his sister down the stairs.
“I don’t hesitate. I don’t wait. I instantly think of Kate Moss and the stairs, and I threw at her,” Heard said, referring to a rumor that Depp once shoved the model, who he dated in the 1990s, down a flight of stairs.
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Depp’s lawyer, Ben Chew, opened his mouth wide and his eyes lit up in an expression of giddy surprise, as he turned to his team and threw a punch. Depp, seated next to Chew, looked at the plaintiff’s table and smiled broadly.
Depp is suing Heard for $50 million in Fairfax County Circuit Court in Virginia over a 2018 op-ed she wrote while identifying herself as a victim of domestic violence, which he says ruined her reputation and his career.
In a $100 million countersuit, Heard alleges her ex-husband conspired with his former attorney to defame her by calling her abuse allegations a hoax.
Manhattan-based civil attorney Roland Acevedo called dropping the model’s name an obvious faux pas that could “blow up in her face.”
“It could definitely open the door to calling Kate Moss,” Acevedo said. “It’s considered a collateral issue that the courts don’t usually allow you to bring in, but since the defense opened the door and said he did this, they can now call him to prove that it doesn’t. ever happened. It could blow up in his face.”
The decision of whether Moss can or will testify ultimately rests with Judge Penney Azcarate.
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A source close to Depp said he and Moss have remained close friends, and his legal team may contact her to testify in the ‘Pirates of the Caribbean’ star’s rebuttal case.
Virginia-based civil attorney Broderick Dunn agreed with Acevedo. “I think that’s definitely something Johnny Depp’s lawyers will now explore,” he said. It wasn’t just the Moss reference that may have landed Heard in hot water. During Heard’s testimony, she recounted the first time Depp allegedly hit her in 2013.
“I knew you couldn’t hit a woman. I knew you couldn’t hit a man,” she testified.
This statement could allow Depp’s team to cross-examine Heard about his 2009 arrest for allegedly punching ex-girlfriend Tasya van Ree at Seattle-Tacoma International Airport.
She was charged with misdemeanor domestic violence for allegedly ripping off van Ree’s necklace and punching her in the arm, but prosecutors declined to pursue the case, according to Depp’s lawsuit.
Dun said the domestic violence incident could happen now. “If Amber Heard says she ‘knew she couldn’t hit a woman’ and if she’s been accused of doing exactly that, then that opens the door for Depp’s team to try to present evidence of prior assaults,” Dunn said.
After Heard’s mug shot surfaced, the actress allegedly claimed she was arrested on a “trumped up charge” because the cops were misogynistic and homophobic.
The police officer who slapped her “was both a woman and a lesbian activist, who came out publicly after being publicly disparaged by Ms. Heard,” Depp’s lawyers wrote.
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Acevedo added that “you can prep a witness until you’re blue in the face” and those mistakes still happen.
“They may have told him 10 times not to talk about Kate Moss, but it gets emotional on the stand and it’s not easy to testify,” he said.
The trial was on a pre-scheduled break this week but is expected to resume on Monday with Heard back on the witness stand.