AP
ANDthe fate of Johnny Depp and Amber Heardand if either party is found liable for millions in damages in their defamation cases, it’s in the hands of a Virginia jury.
Seven jurors overseeing the Fairfax trial will decide whether Heard, 36, defamed Depp, 58when he wrote an opinion piece in Washington Post in 2018 in which she defined herself as “a public figure who represents domestic abuse”.
The jury must also determine if she should be tried for millions in damages.
“The jury is going to determine damages for both the lawsuit and the counterclaim,” they told the post sources close to Heard’s legal team.
“If the jury finds that Amber was responsible for Mr. Depp, they will award damages, if they find that Mr. Depp was responsible for amber’s countersuitwill determine the damages.
The actress of ‘Aquaman‘, who once dated Depp and was married to him for 15 months, does not risk going to jail as she does not face any criminal charges, only civil lawsuits.
The actor of ‘Pirates of the Caribbean‘ presented a $50 million defamation lawsuit against Heardclaiming it damaged his reputation and career, costing him tens of millions, when he wrote the newspaper op-ed.
Heard did not name Depp in the essay, but his lawyers argue that he still defamed him because he was clearly referring to allegations of domestic abuse his ex-wife made when she filed for divorce in 2016 and obtained a temporary restraining order against him.
Depp denies physically hurting Heard, and has claimed that she was the abusive one in their relationship. Heard, for her part, has accused Depp of assaulting her dozens of times.
The actress then presented a $100 million defamation countersuitclaiming that Depp was carrying out a “smear campaign” to ruin your life.
The pair have faced off before a jury in the Fairfax County courthouse for four weeks. The trial is currently in recess for a week.
Closing arguments are set for May 27, and the jury could begin deliberating the fate of the estranged couple soon after.
There is also the possibility that the jury will not be persuaded by either party and determine that neither Depp nor Heard should be compensated for damagessaid the source close to Heard’s legal team.
A spokesman for Depp confirmed: “The jury decides the damages and it is possible that no compensation will be awarded.”
If the jury does not consider that Heard should answer for the Depp case, she would be entitled to recover the cost of her legal fees from Depp. That amount would be determined by a judge at a later time, the sources said.
But if depp is successfulcould have a “chilling effect” that would deter other alleged victims from coming forwardsaid Halim Dhanidina, a former California judge and current criminal defense attorney.
“Every time a libel suit is successful, there is a chilling effect on speech,” Dhanidina said.
“There has always been a deterrent effect for victims to come forward and speak out against institutions or entities or people with power, because they feel their world could come crashing down,” he continued.
If the hypothetical victory also translates into a significant monetary judgment awarded to Depp“then I’m sure there will be people who will think twice before making statements if these may expose them to legal liability,” said Dhanidina.
On the other hand, “We don’t want to create a world where people feel like they can say whatever they want even if they know it’s not true.“said the former judge.
“A verdict will have a chilling effect one way or the other, regardless of what the sentence is,” Dhanidina said.
