Sasha Wass is opening questioning, telling Amber Heard we will be starting off with 'the painting incident' which took place in March 2013. We will also be looking at Heard's sixth witness statement, given on 6 July 2020.
Amber is wearing black this morning, and her hair is braided at the root, but wavy and loose around her shoulders. She is sipping from a water bottle as she flicks through a large black file of evidence, which in court is referred to as the "trial bundle.”
We will be hearing about the painting incident which is alleged to have taken place at one of Depp's many homes, in Sweetzer Avenue which is in West Hollywood.
Heard explains to the judge that Depp owns several houses at the end of this road.
The painting incident was initially said to have occurred on 8 March 2013, after which there was some filming with Rolling Stone Keith Richards. However, in Heard's sixth statement, Heard wrote: "I have now realized I cannot be sure that the painting incident took place on 8 March 2013.” Heard tells the court she now believes the painting incident actually occurred on 22 March 2013. Heard says there were around three times there was filming with Keith Richards over that month.
Depp's lawyer Eleanor Laws QC interrupts at this point, saying this is a very important part of the evidence, and she requests permission from the judge to ask Heard questions about it too.
Depp is yet to arrive in court this morning. His lawyer has told us this is because he's in a "film meeting,” so will be a little late. We are expecting him around midday. This means it's possible he may miss Heard's last morning giving evidence. Depp has been later in court a few times this week, which was also said to be due to "film meetings.”
We are now looking at a text exchange between Heard and Depp's assistant Nathan Holmes on 22 March 2013. It begins around noon with Holmes writing: "On my way to get him.” To which Heard replies: "Trying to wake him now.”
Holmes replies: "OK. Thank you.”
We then fast forward around six hours, and Heard says she has had "success" and has got Depp up.
Ms. Wass asks what was happening in those six hours.
Heard says he was "snorting cocaine and drinking whisky.” She says they were talking about the relationship and Depp was jealous, believing she was having affairs with several people including her ex-wife, artist Tasya van Ree.
Heard says Depp wouldn't leave the subject alone. Heard describes Depp as being on "a bender" at this stage. She says she reached out to friends and her mother at the time.
There is another text exchange between Mr. Holmes and Heard in which Heard asks: "Is he alright? Still upright?”
Mr. Holmes answers: "Yes, OK. He's still upright."
Heard says she asked this as Depp had been taking cocaine and drinking for around 36 hours, and at that point she wasn't used to "his patterns,” so was worried about his health. She says she wanted to check he was "still alive.”
We look at a text exchange between Heard and her mother Paige Parsons who died in May of this year. Heard's text to her mum says: "Dealing with Johnny's spiral. It's terrible mom. I don't know what to do" and goes on to say "He's nuts mom. Violent and crazy. I am heartbroken that THIS is who I love.” Her mother says she should tell her father, David.
But Heard texts back to say "I can't tell Dad.” Heard says she trusted her mother, but didn't know whether her "dad would react violently.” Heard clarifies she means violently towards Depp.
A later text to her mother says: "My heart is broken. I'm OK physically. JD didn't hit me or anything last night. I told him that would be it if he did and it worked last night. But I'm scared by what I see and who I see now. It's Dr Jekyll and Mr. Hyde -- on a binge. He's not violent to me" (talking about Depp).
Heard tells Ms. Wass she sent this text to her mother as she had sent pictures of her of her bruises pictures to her mother, but didn't want her father to react badly.
Heard also sent another text in which she says there was no physical abuse, writing: "It's OK Mom. He's not being violent with me. He's just even raging in general. And the crazy mood swings and binges are really difficult for me to handle." She tells Ms. Wass she knew about that first hand as: "My father was like this to my mother growing up.” Heard sounds emotional as she explains to Ms. Wass what she meant by a text she sent to her mother saying: "I feel like I'm on a very fast train that's about to explode but I don't want to jump off and leave my love behind . So I stay on the train, even though I know it's about to explode."
She goes on to describe what she says are two distinct parts to Depp's personality. She says when he was sober, he was: "Generous, loving, a remarkable man when he's like that... The other side of him is a monster. I always held out hope he would get clean and sober.”
Heard again clarifies that in texts where she told her mother Depp didn't hit her, she was simply trying to stop her father from finding out about the alleged domestic violence.
Heard describes her father David to the court, saying: "He's an addict and an alcoholic, and very violent, but I loved him very much.”
In a text to her mother, referring to Depp, Heard says: "He makes dad look like a saint when he falls off the wagon.”
Heard says over this period Depp had stayed at her house for weeks. She says: "I couldn't get a moments sleep, I was either defending myself or trying to keep him happy... I don't know how it got so violent so fast."
Heard says at one point, she was so exhausted she "accidentally on purpose" locked the dead-bolts to keep Depp out of her house, and says she had the best night's sleep she'd had in ages. She texted her mother to say she'd done this.
Heard's mother replies: "Oh my baby, has he stayed this way since then?.” Her mum then asks what Depp's bodyguards are doing about it all.
We are now talking about Heard's sister Whitney Henriquez. In Whitney's first statement, she says Heard told her Depp had "defaced" Tasya van Ree's painting, altering the signature to make it read "Tasya van Pee.” Ms. Laws is saying this is a "detail to add into their [Heard and Whitney's] constructed account,” and that Depp's act was actually a "lighthearted joke" between all-three, then used as evidence in a bid to show Depp in a bad light.
There is now some faff in court as everyone searches for a picture. Possibly of some flamingos. No one seeMs. quite sure.
Okay, there is a painting of some flamingos, but it's not the one we're talking about.
The court is looking at a picture, which is said to include some bags and squares (unfortunately I can't see it to be more specific), and which Heard says was damaged by Depp. Heard says after it was damaged, it was put in the garage.
Ms. Laws says talking about this painting has reminded her that "Mr. Depp was not asked about this painting at all.” She is not very happy about this, and says this topic has come up after Depp's stint in the witness box. Earlier this week Heard said Depp had damaged many paintings during their relationship, hence this slight confusion over exactly which art-work we're talking about.
Ms. Wass asks: "Are any of these paintings the one that Mr. Depp asked you to remove from your bedroom.”
Heard answers: "Yes, it's the one there, that's now sitting in my garage.”
The judge is asking for clarification as to which painting she means.
"It's the one with flamingos, and it's always been that one,” Heard answers.
Ms. Wass asks "What damage, if any, was there to the painting?" However, before Heard can answer there is some debate between Ms. Laws and Ms. Wass over whether this question is leading the witness.
The judge eventually rules Heard can answer.
Heard says: "This is the painting he tried to burn. He tried to burn it when I objected to taking it down.” Heard says the picture is damaged on the back from this attempted burning.
Now we are moving on to the "three-day hostage situation" which is alleged to have taken place in March 2015. First, Ms. Wass asks Heard if she knew about texts between Depp and his assistant Mr. Holmes, dubbed the "drug texts.” These got Depp into hot water ahead of the trial, when the judge found he was in breach of court for not disclosing the texts to The Sun's lawyers.
Heard says she had not been previously aware of these texts.
We are looking at texts describing the alleged damage to the house the couple were renting in Australia at the time of the alleged incident. Alleged damage includes broken glass, graffiti on mirrors and broken surfaces.
Ms. Wass asks Heard if she was responsible for any of the damage.
Heard replies: "I broke a bottle, that is all.”
We now hear a quote from Depp's late head of security, Jerry Judge, in which he says an artwork in the house had been defaced and a penis had been drawn on to a painting of a woman.
Ms. Wass reads out the extract from Mr. Judge's statement: "There are two pictures here standing, very sexy. One in a bikini, standing with her hands on her breasts. What he did was paint a fake d*ck on her p****.”
Ms. Laws is objecting to this questioning, not just because it is rather ripe, but because she says the witness is being asked to describe not just what she saw, but also what others saw.
Ms. Wass says it shows the "global destruction" going on and the "derangement of Mr. Depp's mind" at the time, which she says Heard is being made out to have fabricated.
Ms. Wass re-frames the question, and we continue.
Heard now describes the scene she says she was met with on entering the house: "There was mashed potato and gravy smeared on the door outside.
"There was bird in the house. It scared me to death when entered room. It must have flown in window. There was blood everywhere. I thought it was from my feet but it wasn't. I thought it was paint, a kind of brownish color, on the walls. It was dark brown at first, then lightened out to a milky brown colour." She says the writing which was "all the way down the stairs and stairwell" was letters, and she could make out some words written in English. She says there was "blood on the walls, on lampshades and everywhere with written messages.”
She continues: "He had burned though cushions and lampshades... There was a couch flipped over. It appeared he had set fire to one of the cushions because the couch was burned around it."
Upstairs in the bedroom level Heard says: "There was a broken window... My paints were out, it appears to be he had either thrown or dropped paint on the floor and on the wall. There was both paint and blood, I could see textures.
"I found raw meat, at first I didn't know what it was on the floor. I continued to find it for the next day hidden in various places.
"He had taken my nightgown and wrapped it around pieces of food. It was food I had got food out the night before, but not got round to making it.
"I could see my own bloody footprints, and what appeared to be dripping blood. "I made it downstairs and there was death metal blasting out. There was blood and glass everywhere, and the tiles floor was still wet. There were windows broken. There was so much glass I could barely find a path to walk. The ping pong table was broken and on the ground."
Ms. Wass asks if Heard threw a bottle and damaged Depp's finger. Heard says no. She says: "It occurred about 24-hours into his binge, his rage.” She says it was after "he held me up against the fridge and said over and over again that he wished he had never met me and I'd ruined his life. he said I made him drink and I always did this." She goes on: "He held a bottle up to my face and said he'd cut me. At some point I pushed him, and tried to push his arMs. away."
Heard tells the court Depp damaged his finger when he repeatedly punched the wall with a cream Bakelite phone, which she says smashed into many pieces. She says at the time she didn't realise that was when he cut his finger, but that is when she believes it happened. Heard describes Depp as being "out of his mind" at the time of the alleged incident.
The court took a short break.
Ms. Wass has been reminded by the judge that she must finish her questioning by lunch time, as Heard's sister Whitney is due to enter the witness box this afternoon.
Heard is standing in the witness box waiting to resume giving evidence. She has three bottles of water next to her and is putting some sanitizing gel on her hands.
We are talking about an alleged domestic violence incident, when Heard says Depp pulled her by the hair and punched her in the face in March 2015.
At this time Heard's sister, Whitney, was also said to be there at the time. This was referred to in court yesterday as the "staircase incident.”
Depp was wearing a hard plaster cast on his hand at the time, following the incident in Australia. Heard later returned to Australia with Depp the following month, and to the same house, after the March 2015 incident.
Ms. Heard begins to answer: "I lived in many houses, and I was assaulted many times."
Ms. Wass asks why she returned to the house in Australia.
Heard answers: "I was used to that.”
We now look at a text from the late Jerry Judge on 26 April 2015.
This was five days after Heard and Depp's return to Australia (with their dogs Pistol and Boo).
"Hi boss... It's lovely to see how you and Amber are so happy. Seeing you sitting on that bench together yesterday... You two need happiness.” Heard says Depp wasn't drinking or taking drugs at the time.
We are talking about the couple's return to Australia to complete Depp's filming of Pirates Of The Caribbean. This was the occasion when the dogs were illegally "smuggled" into the country, creating a bio hazard threat.
However, at this point it seeMs. the judge has heard enough about the dogs, and says he has already listened to plenty of evidence on this.
We move on to more specific questioning about the forMs. that were filled out ahead of the dogs entering the country. At the time, Heard pleaded guilty to illegally bringing them into the country, despite saying she was not responsible for filling out the forMs. and had believed the dogs had had the correct shots to travel.
We will now see a transcript of a recording, which Ms. Wass says was captured on 26 September 2015. The couple had a practice of recording arguments early on in their relationship, in an attempt to learn from them and come to a constructive conclusion. Later in the relationship covert recordings of arguments were also captured. Both types of recording are being heard as evidence in the case. The recording took place after the couple's honeymoon trip to South East Asia, which was in July 2015. In the conversation, Depp talks about their honeymoon, saying it was good apart from one argument in San Francisco.
He also talks about their arguments and says: "There can be no physical violence towards each other.” He says when they fall out, they need to physically separate from each other in order to cool off and avoid conflict. He goes on to say otherwise we will "f***ing kill each other, or worse you know, f***ing break up.”
Depp's lawyer, Ms. Laws, is again saying there is an issue here - that these questions have not been put to Depp so "there is no evidential basis" for the questions to Heard. The judge upholds this, and we move on.
We return to the days leading up to Heard's appearance on the James Corden Late Late show on 16 December 2015.
Ms. Wass is reminding us Heard has been accused of making the injuries up, and also of photo shopping images.
Heard says she did not. She also says she put no make-up on to make injuries appear worse, adding "I put make up on only to try to hide them [the injuries].”
There were also images of a broken bed in penthouse 4 supplied. Heard says yes, and she did not damage the bed.
Images of clumps of hair were also pictured on the floor.
Head says she did not pull out her own hair, and nor did she ask anyone else to pull out her hair.
During the fight on 12 December, Heard also alleges that Depp headbutted her.
We are talking about a recording of an argument between Depp and Heard that was taken around July 2016, which mentions a headbutt. In it you can hear Depp saying: "I headbutted you... in the forehead. That doesn't break a nose.”
Ms. Wass asks Heard at what point she realised there was a recording in which Depp mentioned a headbutt, but the judge tells her to move on.
We move on to a visit from nurse, Erin Boerum to Heard on 17 December 2015.
Heard says: "She was just dropping off meds, and she was late.”
We move on to Heard and Depp travelling to the Bahamas with his children in 2014. However, now again, Ms. Laws interrupts and we move on.
We watch a video, showing the inside of the house in the Bahamas. The person filming the video is walking towards a beaded curtain on a doorway, and the bathroom is apparently through the curtain and to the left.
Heard has alleged she was abused inside the closet, and from the inside of the bathroom, inside the door.
The video goes on to show the closet, and a bed, and pan around the room. We can hear no more on this subject, as we are now veering towards parts of the hearing that need to be held in private.
Parts of Heard's evidence, relating to allegations of sexual violence, have been heard in private, with the media excluded from the proceedings.
We move on to just after Heard's 30th birthday, and a photo that was taken on 23 April 2016. Heard says it was taken at the Coachella Festival. Heard names her friends in the picture left to right: Romi Serafy, herself, Whitney, Melanie Inglessis, iO Tillet Wright, and Savannah McMillan.
She nearly forgets her final friend's name, and laughs as she stumbles to find the name.
Ms. Wass puts it to Heard that she has been accused of "painting on injuries" that can be seen in photos now being shown to the court. This was alleged to be from photos taken during the last big alleged argument between Depp and Heard on 21 May 2016. The photo metadata shows it was taken at 8.23pm before the police arrived later that evening.
Heard says she neither put on make up to enhance nor create the appearance of injures, and says she also didn't want to talk to the police.
Ms. Wass says it was also suggested to Heard that her and her friends - including neighbor Rocky Pennington - trashed the penthouse and said it was Depp who had done it in order to frame him.
Heard says no, this is not the case.
We are now watching CCTV video taken in the LA penthouse apartment block, taken on 22 May 2016. It shows Heard entering the lift, while texting on her phone. She then gets out of the lift.
Heard returns to the lift a few minutes later holding packages. Heard says she then went to her car. She says her first engagement that day was going to her friend Rocky's beach house.
We are looking at a photo taken at 13.58 on the same day. The picture shows Heard on the left of the photo, and Ms. Wass asks her if she was wearing make-up on that occasion.
"Yes, I was [wearing make-up]. Absolutely.”
Ms. Wass asks: "Do you ever go out of the house without make-up.”
Heard laughs, and says: "No, I live in LA.”
The judge asks for clarification on why this is.
Heard answers: "I'm recognizable, or a celebrity or whatever you want to call it. So I never go out of the house without make up in case I'm photographed.”
After going to the beach house, Heard says "I went to my friend Amanda's birthday party.” She clarifies that this is the British presenter Amanda de Cadenet.
Ms. Wass reads out a text from de Cadenet which advises Heard to "put arnica on it.”
Heard explains that arnica is a homeopathic remedy which is said to alleviate bruises and swelling.
The judge isn't keen for us to dwell on this topic, so we move on.
We move on to details around 21 April and 21 May incidents (around Heard's birthday and the alleged final argument in LA, when a phone was said to have been thrown by Depp at Heard).
We are discussing Heard meeting with Depp near the end of their relationship.
Heard says the understanding was that Depp's security and others would always be "in shouting distance" of the couple. Heard says she didn't trust Depp's staff to step in and help her, so she always wanted others to be nearby too.
Ms. Wass is keen to know exactly how Heard felt about meeting with Depp, but the judge says no, this is a leading question.
We talk about the details of the domestic abuse becoming public knowledge.
Heard says "I didn't want to talk about everything that happened in our marriage or relationship. I didn't want the world or his kids to know who he was, and what he could do."
Earlier this week Heard told Depp's lawyer: "I was trying to save him the embarrassment and this, quite frankly.”
Heard now clarifies, and says she was talking about the current court case when she said "and this,” adding "I meant no offence to these proceedings.”
Ms. Wass asks if her career has benefited from the case.
Heard answers: "What women has ever benefited from being the victim of domestic violence?"
Ms. Wass asks if she has benefited financially.
Heard says: "No. I entered into he marriage without a pre or post-nuptial agreement in a no-fault state. I was entitled to 50% ."
Ms. Wass's final question is: "Have you told the truth to this court?"
Heard answers: "Absolutely.”
And with that, Heard has finished giving evidence. She steps down from the witness box.
The judge reminds her not to talk to any other witnesses during the case.
Heard's sister, Whitney, is due to enter the witness box this afternoon.
I’m not going to give a blow-by-blow accounting of Whitney’s testimony like I did with Amber’s. I think it’s safe to say that she’ll back her sister up on everything. It would be a real shocker if she didn’t.
I’m actually going to call it here. I’ll post the link to the transcript when it becomes available, but quite honestly, I can’t sit here and listen to this nonsense. Whitney’s lying her ass off for her sister, in even more ridiculous ways than I thought she would. Claiming that all the drugs were hers, for example.
Maybe I’m just in a mood today, but it triggers me that a mother would rather spend more than a month (two?) taking part in this fiasco rather than being home with her baby son.
So, I’m off for the day.
More tomorrow.