Johnny Depp v Amber Heard verdict: The crucial 15 minutes that may have cost the case

Amber Heard testified that after the 2014 Met Gala, Johnny Depp hit her so hard she thought her nose was broken. Photo / AP

ANALYSIS

The Johnny Depp and Amber Heard trial was full of explosive, eye-opening allegations: there was the copious drug taking, faeces planted in bed sheets, claims of abuse on both sides and pictures of smashed up apartments with broken bottles and, in one instance, the tip of a severed finger.

But there was one relatively short 15 minute section of cross-examination way back in early April, on day four of the six-week trial, that may have led the jury to question not only Heard's claims but her credibility.

Today Heard was ordered to pay Depp US$10 million ($15.5m) in defamation compensatory damages and US$5m ($7.7m) in punitive damages after the jury decided she "acted with actual malice".

However, Fairfax County Circuit Court Judge Penney Azcarate reduced the punitive damages the jury awarded Depp to US$350,000 ($541,000), the state's statutory cap, making his total damages US$10.4m ($16m).

The jury did agree with one aspect of Heard's claim – that she was defamed by Depp's lawyer – and awarded her US$2m ($3m) in compensation and $0 in punitive fees.

Crucial 15 minutes of case

At the trial's core was a 2018 Washington Post opinion piece about domestic violence, with Heard's byline attached. Depp was not named in the piece but his defamation case rested on the argument that readers would infer he was an abuser anyway.

It was under cross-examination by Depp's lawyer Camille Vasquez that came one of the most head-scratching moments of Heard's case.

Throughout her testimony, the jury had been presented with scores of photos which showed bruising or injuries Heard claimed were inflicted on her by Depp.

Amber Heard is comforted by her lawyer Elaine Bredehoft after the verdict was read at the Fairfax County Circuit Courthouse. Photo / AP

"There are a lot of pictures," Heard told Vasquez on day four.

But Vasquez was interested in the photos that, for some reason, hadn't been shown to the jury. Or the lack of medical records after claimed violent outbursts by Depp.

One particular incident was from March 2013. On that occasion, Heard had testified that Depp had hit her several times in the face and harmed her.

Heard produced a selfie which she said she took at the time which showed a mark on her arm.

Amber Heard supplied a selfie with what appears to be a bruise on her arm after an alleged incident in March 2013.

"There are no injuries to your face in this picture?" asked Vasquez.

"Not that the picture shows," said Heard.

Indeed, no picture was submitted into evidence of her facial injuries following the alleged incident.

"And there's no medical records reflecting that you sought treatment after this alleged incident either?" said Vasquez.

Heard said she didn't need medical attention.

"Despite [Depp] hitting you several times?" said Vasquez.

"That's correct," came the reply.

Johnny Depp's lawyers Ben Chew and Camille Vasquez walk out of the courthouse in Fairfax Virginia after the verdict. Photo / AP

Depp's lawyer then moved on to another alleged violent incident with Depp, also in March 2013, where Heard testified it felt like her lip went through her teeth and that there was blood on the walls.

"There isn't a picture after that alleged incident is there?" asked Vasquez.

"That picture doesn't exist?"

Referencing the photo of the possibly bruised arm, Heard said that was the only picture in evidence "right now".

Heard shifts lack of photos onto her own lawyers

Vasquez then turned to the 2014 Met Gala.

Heard testified that Depp hit her after that event so hard she thought her nose was broken. She said she had taken a photo of that injury.

"You didn't show that picture to the jury did you?" asked Depp's lawyer.

"I would like to," said Heard.

"But you didn't show it did you? You haven't produced any picture or any medical records reflecting a broken nose after the Met Gala in 2014?" said Vasquez.

Heard said that she wasn't responsible for the images that made it to evidence. That responsibility was up to her legal team.

"I produced everything. I have turned over everything to my lawyers," she said.

Johnny Depp waves to supporters as he departs the Fairfax County Courthouse after closing arguments last week. Photo / AP

The suggestion seemed to be that evidence that would have corroborated Heard's claims against Depp was, for incomprehensible reasons unknown, held back by her own lawyers — if it existed.

Equally baffling was why, on other occasions, she snapped images of minor injuries allegedly caused by Depp, but not more striking injuries, such as a nearly broken nose.

In a trial full of noise, it was a small section of the cross-examination all the way back on day four.

But for the jury it may have been pivotal in them questioning Heard's explanations.

It could have been the crucial 15 minutes that sank Heard's case weeks before the trial even ended.