Professional Documents
Culture Documents
Amber Heard Cross-Examined by Johnny Depp's Lawyer - Part One - Day 17 (Depp V Heard) TRANSCRIPTION
Amber Heard Cross-Examined by Johnny Depp's Lawyer - Part One - Day 17 (Depp V Heard) TRANSCRIPTION
Voices:
Camille Vasquez - CV
Amber Heard - AH
Penney Azcarate PA
Elaine Bradehoft - EB
1
Marcus Lee
CV: You told this jury then tw- Quote: “In two thousand twelve, I was in the beginning stages of
this just learning these patterns. I was learning that drinking kind of correlated with the violence.”
End quote. Is that right?
AH: That is correct.
CV: So it was during these cycles of violence in two thousand twelve that you gave Mr Depp a
knife as a gift.
AH: I gave him a knife - Umm - I think for a birthday present early in our relationship I believe it
was around two thousand twelve? But I’m not certain.
CV to Deputy: We’ve seen a picture of that knife, but I think we should bring out the real thing.
CV to Deputy: Master deputy… Halusa? Master deputy sheriff Halusa. May I please have you
show the knife to Miss Heard?
AH to Deputy: Yes, that’s it.
CV: That’s the knife you gave the man who was hitting you, right Miss Heard?
AH: I wasn’t worried when he was gonna stab me with it when I gave it to him. That’s for certain.
CV: But you gave it to him while he was abusing you, allegedly.
AH: I gave it to him that year.
CV to Deputy: Master Deputy Sheriff Halusa, will you please show the knife to the jury?
CV to Deputy: Thank you.
CV to AH: This is the knife you gave to the man who would get drunk and violent with you,
right?
AH: This is the same knife I gave him as a present in two thousand twelve, yes.
CV: Now Miss heard, I’m going to need to talk to you about what happened in Australia in March
of two thousand fifteen.
CV: You’ve testified that at some point, during the incident you’ve described, you witnessed Mr
Depp bashing a phone against the wall. Right?
AH: That is correct.
CV: You’ve testified the phone was breaking into pieces.
AH: I was watching it disappear.
CV: That Mr Depp smashed it - and I think your words was “Smithereens”.
AH : Yes, that is correct.
CV: And according to your testimony, it was a wall-mounted phone in the bar area.
AH: That is correct.
CV: Let’s take a look at Defendant’s exhibit one eight two zero.
Miss- I believe this has already been admitted into evidence so if we could have it published.
PA: Alright.
2
Marcus Lee
CV: And you testified that the wall-mounted phone that you saw Mr depp smashed was on the
wall on the left
AH: That’s correct. So if you were looking at this picture, the wall- the wall-mounted phone
would’ve been behind you on the left hand side of your shoulder.
CV: It’s not debicted- depicted in this photo. Correct?
AH: Whoever took this photo was standing right in front of where that -umm- mounted phone
was.
CV: That’s convenient. Umm- The pieces of the phone Mr Depp smashed aren’t in this picture
either, right?
AH: You don’t see it because it’s- whoever took this photo was standing in front of that.
CV: Whoever took this photo is Mr Ben King, right?
AH: That’s what I believe.
CV: Yeah. Mr King testified under oath in this trial, right?
AH: That is correct.
CV: And he testified that there was no wall mounted phone smashed to smithereens that he had
to replace, correct?
AH: I didn’t hear him testify to that, no.
CV: he did. The council elicited it.
AH: I disagree with that misrepresentation.
CV: You also saw this picture- actually can we please bring up defendant’s exhibit one eight two
one? Which is also admitted to evidence?
You also saw this picture during your direct examination, correct?
AH: That is correct.
CV: And so this is the bar area to the right of the wall mounted phone you just described.
AH: If you were facing in that direction and if you’re facing this direction, it’ll be behind you.
CV: This phone on the counter isn’t the phone that got smashed to smithereens is it?
AH: No, they brought that out- umm during my testimony in the UK as well and I said this in the
UK trial as well that that is not the phone. Obviously because that one’s not smashed and it’s
not wall mounted.
CV: Yeah so there’s two phones in the bar area.
AH: There- There was a wall mounted phone, I don’t know if it was decorative or what, but it
what- like it looked antique. Large and antique.
CV: And and wha- large and antique ones that’s not depicted in any photograph, including the
ones you took, is the one Mr Depp damaged. Correct?
AH: That is correct. I only took pictures of the mirrors.
CV: So there is no picture of that damaged phone.
AH: I didn't take a picture of it, no.
CV: Okay. So back to the phone smashing, you watched Mr Depp smash the phone, right?
AH: That’s correct, I watched it.
CV: And you testified that you were quote: “Watching the phone every single time he pulled his
hand back” end quote.
AH: That’s correct.
CV: And according to you, this is when Mr depp lost the tip of his finger. Right?
3
Marcus Lee
AH: It is my best guess. I didn’t notice his finger… come off? Obviously? I was- umm watching
him smash the phone and watching the pieces break while he was doing it.
CV: Well it’s not your best guess, Miss Heard.
AH: That is my best guess, yes.
CV: Okay, let’s go back to my questions. You’ve submitted a declaration under the penalty of
perjury in this case. Do you remember that?
AH: That’s correct.
CV: Okay, let’s look at that declaration.
CV to PA: Your honour
PA to CV: Yes ma’am
Thank you.
CV: If we could direct your attention, Miss Heard, to the… page- uh- fourteen of the declaration?
Is that your signature?
AH: Yes it is.
CV: And your signature appears right under your statement quote: “I declare, under the penalty
of perjury, under the laws of the state of virginia, that the foregoing is true and correct.”
AH: That is correct.
CV: And this is dated April tenth two thousand nineteen.
AH: Correct.
CV: Now let’s look at paragraph sixteen which is on page five.
Specifically line ten.
Quote, you write testifying under oath: “While he was smashing the phone, Johnny severely
injured his finger cutting off the top of it.” end quote. Did I read that correctly?
AH: Yes, that is correct.
CV: So you’ve testified in this courtroom, that after Mr Depp smashed the phone, he held you
down by the countertop by your neck. Do you remember that?
AH: I’m not quite sure of the exact sequence of things? But yes, both of those things happened.
CV: Well we’ll get to the sequence. And this is when Mr Depp supposedly assaulted you with a
bottle, right?
AH: On the countertop he assaulted me.
CV: So Mr Depp was able to get you on the counter. Right?
AH: He held me down by my neck.
CV: And hold you down by your neck.
AH: That is correct
CV: And he grabbed a bottle, according to you, while holding you down by the neck. Correct?
AH: I’m sorry, can you clarify what you’re asking me?
CV: While Mr Depp was holding you by the neck against the countertop, he grabs a bottle.
That’s your testimony.
AH: No those two things didn’t happen at the exact same time, no.
CV: While he- so he’s holding the bottle? Is that your testimony?
While holding you down by the neck?
4
Marcus Lee
AH: Sorry, what was your question?
CV: Your testimony is, Miss Heard, that either he has the bottle before or after he’s holding you
by the neck on the counter. Is that your testimony?
AH: He held me by the neck on the counter?
CV: Where is the bottle?
That he assau-
AH: At what point?
CV: While holding you down by your neck.
AH: When he was assaulting me with the bottle it was in his hand.
CV: Was it in his hand before or after he holds you down by your neck?
AH: I was being held down while he assaulted me with the bottle.
CV: When he puts you on the counter, does he have the bottle in his hand, yes or no?
AH: As I have always said, I don’t remember exactly what happened first or I don’t remember
the sequence, I just remember being aware that I was being assaulted by a bottle while I was on
the countertop.
CV: So he penetrates you with this bottle. But you don’t know how he got the bottle. Right?
AH: That is correct.
CV: Okay. And he did that right after he lost the tip of his right middle finger.
AH: Again, I don’t remember the exact sequence of those events.
CV: We’ll get to the sequence. And while he was on eight to ten MDMA pill- pills. Right?
AH: Yes.
CV: Let’s talk about the sequence. This is the sequence of events you testified to in this
courtroom. That he smashed the phone to smithereens and then assaulted you, lost the tip of
his finger, and then assaulted you with a bottle. Yes? That’s the sequence of events that you
testified to.
AH: To be- To be clear you’re putting it in order when you say words like ‘Then”. I have never
claimed that I can remember the exact sequence of these things. This was a multi-day assault
that took place over three horrible days
CV: Miss Heard, Miss heard, we’re not talk- Miss Heard! That’s not my question
AH: it’s the worst thing that ever happened to me and I don’t remember the exact sequence.
CV: My question isn’t about the three day assault, allegedly that occured. I’m just talking about
the sexual assault that you now alledged occured.
5
Marcus Lee
CV: Yeah I know, I just realised that. Do you have a copy?
CV to EB: Yes.
CV to AH: Miss Heard, do you have a copy of day sixteen in front of you?
CV: Let’s look at the transcript. So you’ve testified on page, I’m getting there, four five zero six.
.
CV: You’re there?
AH: Alright
CV: Okay.
CV: The reason we need to go through this, Miss Heard, is because we understand that these
are very serious allegations that you’re making. Right?
CV: Okay. Then, directing your attention to page four five one eight.
Line nineteen.
You talk about Mr Depp smashing a wall mounted phone. Correct?
CV: Okay. Then on page four five one nine, at line three, you testified that while Mr Depp is
smashing the phone, he is screaming quote: “I fucking hate you.” end quote. Right?
6
Marcus Lee
CV: And further down on page four five one nine, same page, line twelve through nineteen. You
talked about how you watched Mr Depp smash the phone to smithereens. Right?
CV: Okay. Then, continuing on same page, four five one nine, line twenty. You say, something
really important. Quote: “At some point, he’s on top of me. No phone, but screaming the same
thing.” end quote.
CV: But you remember, and you testified to this jury, that he didn’t have the phone in his hand
anymore.
AH: When he assaulting me with the bottle? He had the bottle in his hand when he was
punching the wall with the phone? He had the phone in his hand. When he was punching the
wall next to my head, he had me by the throat. He did a lot of things that night.
CV: So you’re acknowledging by this sequence, not my words, your words, Miss Heard, that you
testified to this jury that Mr Depp smashed the phone to smithereens before he assaulted you.
That’s the way- that’s the sequencing in which you’ve testified. Correct?
CV: Keep talking about that sequence. Then on page four five two one, starting at line three,
you testified to being “Bent over backwards on the bar.” Right?
PA: Okay.
CV: Directing your attention, Miss Heard, to page four five two one starting at line three. You
testified to being bent over backwards on the bar. Right?
CV: And then feeling pressure on your pubic bone like Mr Depp was punching you. Yes?
CV: And then further down on page four five two one and onto four five two two,you testified that
you were concerned that Mr Depp was using a broken bottle on you. Yes?
7
Marcus Lee
CV: Okay.
CV: Miss Heard, I’m going to show you defendant’s exhibit one eight one six.
CV to AH: You saw this picture during your direct examination right?
AH: I did.
CV: And you testified that this is a picture of the bottles that were next to Mr Depp on the desk
when you found him drinking in the morning, Right?
CV: And this was the morning after Mr Depp has allegedly sexually assaulted you. Right?
CV: And If I understand your testimony correctly, you’ve testified that this is the Maker’s Marks
bottle that Mr Depp sexually assaulted you with.
AH: I was never sure (if) it was. But it was definitely that shape. Felt like that shape.
CV: But you’ve testified in this courtroom that you had not saw this bottle until Ben King
provided these photographs. Correct?
AH: In not in the course of the trial, I hadn’t seen the photographs.
CV: You claimed you had serious injuries after this alleged incident. Right, Miss Heard?
AH: Depends on what you call serious for me- umm- you know having a sore jaw and some
bruises at the time of my relationship, wasn’t serious- umm.
CV: Okay. Let’s testify- let’s focus on the testimony that you gave about the injuries. Mr Depp,
as you’ve testified yesterday wears rings on every finger. Right?
8
Marcus Lee
AH: Sometimes. I mean, often. And certainly in the later part of our relationship, that was more
normal than not. But if he’s filming or something like that, of course he’s not gonna have his own
jewellery on.
CV: Your testimony… in this trial was quote: “I don’t know if I ever know Johnny not to wear
rings.”
CV: Correct?
EB: Oh. Objection *giggle* your honour. Improper impeachment. There she’s going to ask her a
question that she has to show where that was and…
CV: Okay. And he was wearing rings on every finger in australia. Correct?
AH: Not all the time. Not literally every single ring every single day. But he often wear rings.
CV: Not ‘often’, Miss Heard. Your words are: “I’ve never known Johnny not to wear rings on
every finger.”
CV: Okay. And you testified that you bled as a result of the sexual assault. Correct?
9
Marcus Lee
AH: That’s correct.
CV: And you testified you had a bruise across your jaw.
CV: And there is not a single medical record reflecting treatment for any of those injuries, is
there Miss Heard?
CV: And the day after you sustained all these injuries, Doctor David Kipper came to the house in
Australia. Right?
CV: The day after you’ve sustained these injuries miss- Doctor David Kipper came along with
Nurse Debbie Lloyd. Correct?
AH: Well ff- That fight went into the morning, like early hours morning, so technically the last
day.
CV: Doctor David Kipper is Mr Depp’s- or was Mr Depp’s -uh- physician. Right?
CV: No. Not saw you. He was your physician. Correct, Miss Heard?
AH: Uh- Johnny was the client, but he also treated me.
CV: Alright, let’s please pull up- Do you remember giving testimony in this case in a deposition,
Miss heard?
10
Marcus Lee
CV: If we could please- uh- pull up the deposition transcript- uh- day two? Um- at five eighty-
nine line six through eight.
Thank you.
CV: Um- your honour. We’re going to play Miss Heard’s Deposition for the jury. Uh- lines- Day
two, page five forty, lines six two nine. If we have permission to publish it?
CV: Uh- excuse me I’m- I’m sorry. Day two, page five eight-nine line six through eight..
CV: Of course!
EB: wait wait wait. Did you say five forty or five eighty nine?
PA: Okay.
*Video Starts*
Female voice on Video Deposition: And he was your doctor at this point, right?
AH on Video Deposition: Yes he was.
*Video Ends*
11
Marcus Lee
AH: That is correct.
CV: You flew back to Los Angeles the next day with Ben King. Is that right?
AH: I can’t be certain if it was the next day or the day after, but somewhere around there. Yes.
CV: And the day you arrived back in Los Angeles you saw Travis McGivern. Correct?
CV: You don’t remember Mr McGivern picking you up from the airport with Ben King?
CV: Okay. In the same day, you also saw your own nurse, Erin Bren Falati, correct?
CV: You saw Miss Falati’s testimony in this case by a video deposition, correct?
CV: And you heard her testify that she saw you the day you arrived back from Australia on
march ninth two thousand fifteen.
AH: I believe she testified that she… came to dinner. Where I was with friends. Yeah- I believe
that-
12
Marcus Lee
CV: Okay. And then you saw Erin Bren Falati again the next day for a private meeting, didn’t
you?
AH: I’m not sure if that- if that’s what she testified to I’d have to just see the records to know.
CV: You heard her testify, according to her notes, she met you privately on march tenth two
thousand fifteen.
AH: She met with me at some point upon my arrival but I don’t remember the exact date.
CV: And when were in Australia, Miss Heard, you didn’t take any pictures of the injuries you
claimed to have sustained. Right?
AH: Of the mirrors. I took two pictures of the bathroom mirrors that umm… was the master
bathroom where I was.
CV: Let’s please pull up defendant’s exhibit three seven four which is already in evidence.
CV: He wrote on the mirror in black paint after his finger was cut off. Right?
AH: Uh- Yes uh- I only know that because there was blood as well as paint.
CV: So you took this picture after Mr Depp had injured his fingers. Correct?
13
Marcus Lee
AH: That’s when I took the photos
CV: You took this photo after Mr Depp injured his finger.
CV: And you took this picture after you had been allegedly assaulted by Mr Depp.Yes?
CV: Yet you didn’t capture yourself in the mirror, did you?
CV: And this is also after you have allegedly been assaulted by Mr Depp.
CV: You didn’t capture yourself in the mirror in this picture either, did you?
CV: Is that because you didn’t have any visible injuries on you?
CV: Let’s talk about the writings on this mirror. So the writing in black paint is from Mr Depp,
correct?
14
Marcus Lee
AH: It’s all from Mr Depp.
CV: And it’s your testimony under oath that you did not write the red text that says quote: “Call
Carly Simon she said it better babe.” end quote.
CV: Because if you did write that, it means that your husband was walking around the house
bleeding from his amputated finger and you’re writing snarky messages to him on the mirror.
Right?
CV: Let’s please take a look at defendant’s exhibit one eight three zero.
CV: He’s- I don’t believe he claimed he had injuries though. Is that right?
AH: I did not hear uh- Ben King talk about his injuries, no.
CV: Okay. So you would agree that the black text on the mirror says quote: “She loves naked
photos of herself. So modern, so hot.”
AH: I had not read that yet- I mean before. But yeah, that’s what it says.
CV: But you were taking pictures of the text but you had not read that before?
AH: I haven’t seen this. It didn’t make sense to me at the time when I read it in person.
15
Marcus Lee
CV: Okay. Again, Mr Depp wrote that.
CV: So Miss Heard, just to be clear, it’s your testimony that Mr Depp also wrote the message in
red about Carly Simon saying it better. Right?
CV: You know Carly Simon sang the song You’re so vain. Right?
CV: So it was your testimony that Mr Depp was writing messages to himself in the mirror back
and forth.
AH: The best I could describe it is it looked like a crazy conversation. It was on the walls within
lamp shades-
CV: It’s your testimony the crazy conversation was with himself.
AH: That’s what it looked like from the bloody messages I found.
CV: And you would agree with me that the black text has been smudged with black paint. Right?
AH: Yes.
CV: Okay. Let’s please pull up, if we can, defendant’s exhibit three five- excuse me, three seven
five again?
AH: I’m not quite sure what was happening when Ben took that pic- uh his photograph. No.
CV: Let’s please pull up plaintiff’s exhibit three four three which was already in evidence. And
play portion from 1:57:21 to 1:58:24. It’s a recording, your honour.
16
Marcus Lee
*Voice recording starts*
Johnny Depp in recording: it’s not up to you anymore ___ ___ ___, it is just to get out of bad
situations while it’s happening before it gets worse. In Australia when we had the big fight where
I lost the tip of my finger. At least… five bathrooms and two bedrooms I went to. To- to
Amber Heard in recording: to avoid talking to me? _________ That’s the problem.
Amber Heard: You don’t escape the fight, you escape the solution. You escape the solution!
You escape figuring it out! We cannot work it out if you run away to the bathroom every time!
Johnny Depp: Listen to me, Listen to me! A boxer can’t go twelve rounds without a fucking
minute break.
Amber Heard: I’m not not giving a minute break! You do it at minute three at the beginning of an
argument!
Johnny Depp: No! There are rounds, man, and when it gets too fucking hairy, the refs splits
them apart or whatever but I’m- I’m- all I’m saying is, you can’t have a solution if the argument
just keeps mounting and mounting and mounting and mounting. I fucking go to the- into the
bathroom and sit on the floor. Bam bam bam! Here you come. I come out. Fight fight fight,
crazy, escalated. I go to split again I go to another fucking bathroom or bedroom or something.
Knock knock knock! Bam Bam Bam! You kept coming to get me.
17
Marcus Lee