Jury's Duty in Depp-Heard Trial Doesn't Track Public Debate

This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)
This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)
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Jury's Duty in Depp-Heard Trial Doesn't Track Public Debate

This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)
This combination of two separate photos shows divorced actors Johnny Depp, left, and Amber Heard in the courtroom at the Fairfax County Circuit Court in Fairfax, Va., Tuesday May 3, 2022. (Jim Watson/Pool photos via AP)

A seven-person civil jury in Virginia will resume deliberations Tuesday in Johnny Depp's libel trial against Amber Heard. What the jury considers will be very different from the public debate that has engulfed the high-profile proceedings.

For six weeks, testimony focused on details of alleged abuse that Heard says she suffered at the hands of Depp. Heard has outlined more than a dozen specific instances where she says she was assaulted by Depp, The Associated Press said.

Depp has denied any physical or sexual abuse, and says Heard concocted the claims to destroy Depp's reputation. Depp's legions of online fans have focused on their belief that Heard has been untruthful, and that that will determine the outcome.

But the case itself is a defamation claim. Depp sued Heard for libel — for $50 million — in Fairfax County Circuit Court over a December 2018 op-ed she wrote in The Washington Post describing herself as “a public figure representing domestic abuse.”

That article never even mentions Depp by name, but his lawyers say he was defamed nonetheless. Most of the article discusses public policy as it relates to domestic violence, and Heard's lawyers say she has a First Amendment right to weigh in.

In closing arguments, though, Depp lawyer Camille Vasquez argued that Heard's free-speech rights have limits.

“The First Amendment doesn't protect lies that hurt and defame people,” she said.

Depp's lawyers point to two passages in the article that they say clearly refer to Depp.

In the first passage, Heard writes that “two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath.” Depp’s lawyers call it a clear reference to Depp, given that Heard publicly accused Depp of domestic violence in 2016 — two years before she wrote the article.

In a second passage, she states, “I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse.” (Depp's lawyers are also seeking damages over a headline that appeared above the online version of the article, even though Heard didn't write it.)

The jury, which has to come to a unanimous decision for a verdict, must decide whether those passages in the Post are defamatory. And the verdict form gives them step-by-step instructions on how to determine that.

Heard's lawyers say they have presented a mountain of evidence that Heard was abused. But they say that even if the jury were somehow to believe that she was never abused even a single time, she should still prevail in the lawsuit.

That's because libel law spells out several factors that must be considered. First, the alleged defamatory statements have to be about the plaintiff. Heard's lawyers said the article is not about Depp at all. He's not mentioned, and they say the focus is on Heard's experience about the aftermath of speaking out. Those statements remain objectively true even if she wasn't in fact abused, her lawyers contend.

Depp's lawyers, though, say the two passages are clear references to Depp, given the publicity that surrounded their 2016 divorce proceedings.

In addition, because Depp is a public figure, Heard can only be found guilty of libel if the jury decides that Heard acted with “actual malice,” which requires clear and convincing evidence that she either knew what she was writing was false or that she acted with reckless disregard for the truth.

Heard lawyer J. Benjamin Rottenborn said during Friday's closing arguments that Heard carefully reviewed drafts of the article — the first draft was written not by her, but by the American Civil Liberties Union — with her lawyers to make sure that what was written passed legal muster. Rottenborn said that fact alone is sufficient proof that she didn't act with actual malice.

As for the abuse itself, Depp's lawyers tried to suggest to the jury that if they think Heard is lying or embellishing any of her abuse claims, that she can't be trusted and that all of her abuse claims must be dismissed as untrustworthy.

“You either believe all of it, or none of it,” Vasquez said. “Either she is a victim of ugly, horrible abuse, or she is a woman who is willing to say absolutely anything.”

In Heard’s closing, Rottenborn said the nitpicking over Heard’s evidence of abuse ignores the fact there’s overwhelming evidence on her behalf and sends a dangerous message to domestic-violence victims.

“If you didn’t take pictures, it didn’t happen,” Rottenborn said. “If you did take pictures, they’re fake. If you didn’t tell your friends, they’re lying. If you did tell your friends, they’re part of the hoax.”

And he rejected Vasquez’s suggestion that if the jury thinks Heard might be embellishing on a single act of abuse that they have to disregard everything she says. He said Depp’s libel claim must fail if Heard suffered even a single incident of abuse.

“They’re trying to trick you into thinking Amber has to be perfect to win,” Rottenborn said.



Val Kilmer, ‘Top Gun’ and Batman Star with an Intense Approach, Dies at 65 

Val Kilmer poses for a portrait, Jan. 9, 2014, in Nashville, Tenn. (AP)
Val Kilmer poses for a portrait, Jan. 9, 2014, in Nashville, Tenn. (AP)
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Val Kilmer, ‘Top Gun’ and Batman Star with an Intense Approach, Dies at 65 

Val Kilmer poses for a portrait, Jan. 9, 2014, in Nashville, Tenn. (AP)
Val Kilmer poses for a portrait, Jan. 9, 2014, in Nashville, Tenn. (AP)

Val Kilmer, the brooding, versatile actor who played fan favorite Iceman in "Top Gun," donned a voluminous cape as Batman in "Batman Forever" and portrayed Jim Morrison in "The Doors," has died. He was 65.

Kilmer died Tuesday night in Los Angeles, surrounded by family and friends, his daughter, Mercedes Kilmer, said in an email to The Associated Press.

Val Kilmer died from pneumonia. He had recovered after a 2014 throat cancer diagnosis that required two tracheotomies.

"I have behaved poorly. I have behaved bravely. I have behaved bizarrely to some. I deny none of this and have no regrets because I have lost and found parts of myself that I never knew existed," he says toward the end of "Val," the 2021 documentary on his career. "And I am blessed."

Kilmer, the youngest actor ever accepted to the prestigious Juilliard School at the time he attended, experienced the ups and downs of fame more dramatically than most. His break came in 1984’s spy spoof "Top Secret!" followed by the comedy "Real Genius" in 1985. Kilmer would later show his comedy chops again in films including "MacGruber" and "Kiss Kiss Bang Bang."

His movie career hit its zenith in the early 1990s as he made a name for himself as a dashing leading man, starring alongside Kurt Russell and Bill Paxton in 1993’s "Tombstone," as Elvis’ ghost in "True Romance" and as a bank-robbing demolition expert in Michael Mann’s 1995 film "Heat" with Al Pacino and Robert De Niro.

The actor — who took part in the Method branch of Suzuki arts training — threw himself into parts. When he played Doc Holliday in "Tombstone," he filled his bed with ice for the final scene to mimic the feeling of dying from tuberculosis. To play Morrison, he wore leather pants all the time, asked castmates and crew to only refer to him as Jim Morrison and blasted The Doors for a year.

That intensity also gave Kilmer a reputation that he was difficult to work with, something he grudgingly agreed with later in life, but always defending himself by emphasizing art over commerce.

"In an unflinching attempt to empower directors, actors and other collaborators to honor the truth and essence of each project, an attempt to breathe Suzukian life into a myriad of Hollywood moments, I had been deemed difficult and alienated the head of every major studio," he wrote in his memoir, "I’m Your Huckleberry."

One of his more iconic roles — hotshot pilot Tom "Iceman" Kazansky opposite Tom Cruise — almost didn’t happen. Kilmer was courted by director Tony Scott for "Top Gun" but initially balked. "I didn’t want the part. I didn’t care about the film. The story didn’t interest me," he wrote in his memoir. He agreed after being promised that his role would improve from the initial script. He would reprise the role in the film’s 2022 sequel, "Top Gun: Maverick."

One career nadir was playing Batman in Joel Schumacher’s goofy, garish "Batman Forever" with Nicole Kidman and opposite Chris O’Donnell’s Robin — before George Clooney took up the mantle for 1997’s "Batman & Robin" and after Michael Keaton played the Dark Knight in 1989’s "Batman" and 1992’s "Batman Returns."

Janet Maslin in The New York Times said Kilmer was "hamstrung by the straight-man aspects of the role," while Roger Ebert deadpanned that he was a "completely acceptable" substitute for Keaton. Kilmer, who was one and done as Batman, blamed much of his performance on the suit.

The Times was the first to report his death on Tuesday.

"When you’re in it, you can barely move and people have to help you stand up and sit down," Kilmer said in "Val," in lines spoken by his son Jack, who voiced the part of his father in the film because of his inability to speak. "You also can’t hear anything and after a while people stop talking to you, it’s very isolating. It was a struggle for me to get a performance past the suit, and it was frustrating until I realized that my role in the film was just to show up and stand where I was told to."

His next projects were the film version of the 1960s TV series "The Saint" — fussily putting on wigs, accents and glasses — and "The Island of Dr. Moreau" with Marlon Brando, which became one of the decade’s most infamously cursed productions.

David Gregory’s 2014 documentary "Lost Soul: The Doomed Journey of Richard Stanley’s Island of Dr. Moreau," described a cursed set that included a hurricane, Kilmer bullying director Richard Stanley, the firing of Stanley via fax (who sneaked back on set as an extra with a mask on) and extensive rewrites by Kilmer and Brando. The older actor told the younger at one point: "'It’s a job now, Val. A lark. We’ll get through it.’ I was as sad as I’ve ever been on a set," Kilmer wrote in his memoir.

In 1996, Entertainment Weekly ran a cover story about Kilmer titled "The Man Hollywood Loves to Hate″ The directors Schumacher and John Frankenheimer, who finished "The Island of Dr. Moreau," said he was difficult. Frankenheimer said there were two things he would never do: "Climb Mount Everest and work with Val Kilmer again."

Other artists came to his defense, like D. J. Caruso, who directed Kilmer in "The Salton Sea″ and said the actor simply liked to talk out scenes and enjoyed having a director's attention.

"Val needs to immerse himself in a character. I think what happened with directors like Frankenheimer and Schumacher is that Val would ask a lot of questions, and a guy like Schumacher would say, ‘You’re Batman! Just go do it,’″ Caruso told The New York Times in 2002.

After "The Island of Dr. Moreau," the movies were smaller, like David Mamet human-trafficking thriller "Spartan"; "Joe the King" in 1999, in which he played a paunchy, abusive alcoholic; and playing the doomed ’70s porn star John Holmes in 2003’s "Wonderland." He also threw himself into his one-man stage show "Citizen Twain," in which he played Mark Twain.

"I enjoy the depth and soul the piece has that Twain had for his fellow man and America," he told Variety in 2018. "And the comedy that’s always so close to the surface, and how valuable his genius is for us today."

Kilmer spent his formative years in the Chatsworth neighborhood of Los Angeles. He attended Chatsworth High School alongside future Oscar winner Kevin Spacey and future Emmy winner Mare Winningham. At 17, he was the youngest drama student ever admitted at the Juilliard School in 1981.

Shortly after he left for Juilliard, his younger brother, 15-year-old Wesley, suffered an epileptic seizure in the family’s Jacuzzi and died on the way to the hospital. Wesley was an aspiring filmmaker when he died.

"I miss him and miss his things. I have his art up. I like to think about what he would have created. I’m still inspired by him," Kilmer told the Times.

While still at Juilliard, Kilmer co-wrote and appeared in the play "How It All Began" and later turned down a role in Francis Ford Coppola’s "The Outsiders" for the Broadway play, "Slab Boys," alongside Kevin Bacon and Sean Penn.

Kilmer published two books of poetry (including "My Edens After Burns") and was nominated for a Grammy in 2012 for spoken word album for "The Mark of Zorro." He was also a visual artist and a lifelong Christian Scientist.

He dated Cher, married and divorced actor Joanne Whalley. He is survived by their two children, Mercedes and Jack.

"I have no regrets," Kilmer told the AP in 2021. "I’ve witness and experienced miracles."