Johnny Depp’s legal professionals had been noticed fist-pumping when Amber Heard all of a sudden introduced up Kate Moss throughout her testimony final week — as a result of the name-drop has the potential to assist their case.
The gesture by legal professional Benjamin Chew within the Fairfax, Virginia, courtroom was a “celebratory acknowledgment,” a supply near Depp confirmed to The Publish Tuesday.
“Amber talked about an ex of Johnny’s that clearly she felt was not supportive of him, which couldn’t be farther from the reality,” the supply mentioned, in an obvious reference to Moss’ potential to assist Depp’s case.
Authorized specialists defined that Heard mentioning Moss on the stand might give her ex-husband’s workforce the prospect to dispel a rumor that he pushed the British supermodel down a flight of stairs when the 2 dated within the Nineties.
The attainable slip-up from Heard got here on Thursday because the actress informed the jury a few March 2015 combat during which she punched Depp within the face out of worry he was going to shove her sister Whitney down a staircase.
The “Aquaman” actress mentioned she “immediately” thought of “Kate Moss and the steps” — prompting Chew to show and fist-pump.
Often, alleged misconduct that’s not associated to a selected accusation in a case — corresponding to this rumored incident — isn’t allowed to be introduced up by legal professionals at trial.
However on this occasion, Heard’s point out of Moss might open the door for Depp’s attorneys to name the catwalker as a witness so as deal with the allegation, specialists informed The Publish.
“[Moss] remains to be allegedly buddies with Johnny and her testimony wasn’t allowed to come back in earlier than as a result of it wasn’t as related,” mentioned California leisure lawyer Mitra Ahouraian.
“That’s one mistake that [Heard] made, was mentioning Kate Moss, which probably opened the door to [Depp’s team] bringing [Moss] on as an impeachment witness” — and Moss “saying ‘This by no means occurred,'” Ahouraian defined.
Halim Dhanidina, a felony protection legal professional and former California choose, agreed that Depp’s workforce might now attempt to use the Moss point out to their benefit.
Dhanidina mentioned Depp’s workforce might say, “You introduced up Kate Moss and she or he wasn’t going to be a part of this trial however now she is.”
“Johnny Depp’s workforce goes to argue that they need to be permitted to name her to debunk any rumor about Johnny Depp pushing [Moss] down stairs,” he mentioned.
Heard’s aspect might then counter that the Moss assertion was meant to elucidate Heard’s “frame of mind” when she hit Depp, Dhanidina mentioned.
Her attorneys might argue that “there isn't a have to carry further proof about Kate Moss to have a aspect trial on this different incident,” the previous choose mentioned.
On the very least, Depp’s aspect will probably cross-examine Heard in regards to the Moss remark.
Dhanidina defined that the choose on Depp’s case, Penney Azcarate, has “plenty of discretion” on whether or not to go additional and let Moss testify.
Heard beforehand made an allegation that the “Pirates of the Caribbean” actor had shoved Moss down a flight of stairs throughout Depp’s different defamation trial within the UK in 2020.
Describing the identical combat involving her sister, Heard informed the British court docket on the time: “I remembered data I had heard [that] he pushed a former girlfriend — I consider it was Kate Moss — down the steps. I had heard this rumor from two individuals and it was recent in my thoughts.”
If the choose within the ongoing trial does enable this allegation to come back into play, that would additionally open the door for Depp to carry up previous accusations of misconduct in opposition to Heard.
“To me the extra attention-grabbing query is whether or not the point out of [the Moss allegation] or the rumor of that incident entitles Johnny Depp’s workforce to usher in proof of Amber Heard’s prior home violence conduct,” Dhanidina mentioned.
“In the event you go exterior the bounds of the conduct on this case to incorporate different violent conduct dedicated by your opponent, it’s solely truthful on your opponent to have the ability to do the identical for you,” the lawyer mentioned.
In 2009, Heard was charged with home violence in opposition to then-girlfriend Tasya van Ree — who later got here out saying that the incident was a misunderstanding and that the fees in opposition to Heard had been shortly dropped.
Heard’s legal professionals declined to remark.
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