Johnny Depp will testify again on Monday, as his ex-wife, Amber Heard's legal team expects to call him as she defends herself against his defamation lawsuit and attempts to substantiate her counterclaim.
Law&Crime initially reported that Heard would summon Depp as a witness more than a week ago. Some were surprised that Heard could call Depp as a witness for her case, given that he would likely not provide testimony that would aid her.
Katherine Lizardo, a Texas plaintiff's attorney and a frequent analyst for the Law&Crime Network, remarked, "I want to say that many people were unsure if that's possible." "It is conceivable because in Virginia, as well as in federal court and many states, a party may call an opposition witness to testify during their case in chief. A hostile witness is essentially your adversary."
In her lawsuit, Heard argues that Depp and his attorney, Adam Waldman, initiated a smear campaign against her in April 2020, when Waldman made public statements to the Daily Mail Online. He called Heard's abuse claims a fake. In addition, Waldman tweeted about Heard, and literature, he was permanently banned from Twitter.
"They are attempting to involve Johnny Depp in establishing components of her countersuit. This is why you call your opponent's witness to the stand. However, there are alternate options available. "For instance, you can use Johnny Depp's depositions or other witnesses or admissible documents to establish this element," Lizardo explained.
Lizardo considers calling Johnny Depp to the stand a risky move since she believes Heard's attorney, Ben Rottenborn, was unable to control Depp during cross-examination. It is not conceivable that Depp will forgo attorney-client privilege.
Last Thursday, Heard's legal team played the videotaped deposition of Waldman. Multiple times, Depp's attorney, Ben Chew, advised Waldman not to answer questions from Heard's attorneys, Elaine Bredehoft and Rottenborn, since the replies would be considered attorney work product or violate confidential discussions between Depp and Waldman.
As for Depp's attorney, Waldman stated in his videotaped deposition that he had communicated with mainstream media and online journalists. Bredehoft asked Waldman if he had approached Rolling Stone in 2018 about writing a piece about Heard's claims harming Depp's reputation and income.
"I was not the first person to contact Rolling Stone," Waldman responded to Bredehoft's inquiry. According to the Rolling Stone article titled "The Trouble With Johnny Depp," Waldman contacted Rolling Stone first. According to Waldman, Depp reached out to Rolling Stone. During the trial, the Rolling Stone article was addressed multiple times. Waldman stated that he was present for a portion of the interview but not all of it.
Lizardo described the attorney-client privilege as precious and asserted that Waldman could not violate it. Only Johnny Depp is permitted to do so.
On Monday morning, testimony will resume, and Law&Crime will stream it live on its YouTube channel. Law&Crime's Sidebar program already addressed the topic of Depp being called a hostile witness.
Depp could potentially testify later in the week as part of his counterclaim. On Friday, closing arguments are scheduled.