Johnny Depp could lose defamation case even if Amber Heard fails on the witness stand, legal experts say

Johnny Depp could lose defamation case even if Amber Heard fails on the witness stand, legal experts say

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actress belongs to amber‘s “appearance” at the stand last week – as Johnny Depp’s legal team called it – was widely panned. But that shouldn’t be enough for her ex-husband dept a win in his defamation case against her, experts told Fox News Digital.

Trial counsel and body language expert Susan Constantine analyzed Heard’s turn on the witness stand and gave it a thumbs-down for credibility.

“She’s not honest and most of what she says is a lie,” Constantine said in her assessment.

“This is such bad acting, I don’t know how she’s going to get a movie role after that.”

“It’s such bad acting, I don’t know how she’s going to get a movie role after that,” said trial counsel and body language expert Susan Constantine

Amber Heard will testify against ex-husband Johnny Depp on May 5, 2022.

Amber Heard will testify against ex-husband Johnny Depp on May 5, 2022.
(Jim Lo Scalzo/Pool via Reuters)

Depp, 58, is suing Heard, 36, for $50 million over an op-ed she wrote in the Washington Post in 2018 in which she identified herself as “a public figure who depicts domestic violence.”

Though the play didn’t credit Depp by name, he claims it ruined his career and made him a Hollywood outcast.

JOHNNY DEPP V. AMBER HEARD DEFAM TRIAL: LIVE UPDATES

Heard is filing a $100 million countersuit, accusing Depp and his former attorney of conspiring to defame her by calling her abuse allegations a “hoax.”

Heard spent two days at the stand last week chronicling Depp’s alleged verbal, physical and sexual abuse, which she says left with a broken nose, black eyes and bruises.

Amber Heard testified against her at Johnny Depp's defamation trial on May 4, 2022.

Amber Heard testified against her at Johnny Depp’s defamation trial on May 4, 2022.
(Elizabeth Frantz/Pool/Reuters)

In distressing detail, Heard described how Depp allegedly raped her with a bottle of Maker’s Mark in a drug-fueled rage on a trip to Australia in March 2015.

But many critics have called her tearless sobs and melodramatic tone fake.

Heard’s facial expressions and body movements were incongruent and so exaggerated that they were “off scale,” Constantine said. She added that the “Aquaman” star shares too many extraneous details that trauma victims wouldn’t normally remember — especially six or more years after the crime.

JOHNNY DEPP V. AMBER HEARD: THE WILDEST MOMENTS OF THE SHOCKING TRIAL

“Liars give you too much information,” she said.

But that doesn’t mean everything Heard said isn’t true, Constantine noted.

“I think when she described the headbutt, she was honest,” she said, referencing Heard’s claim that Depp threw his head into her and choked her unconscious during a 2015 argument in their penthouse.

Evidence photos showing injuries Johnny Depp suffered after ex-wife Amber Heard allegedly punched him in the face in March 2015.

Evidence photos showing injuries Johnny Depp suffered after ex-wife Amber Heard allegedly punched him in the face in March 2015.
(proof photos)

“I think he was verbally demeaning at times,” she added.

First Amendment attorney George Freeman, director of the Media Law Resource Center, said Depp has to climb a steep hill to win the case. The Black Mass actor not only has to prove that Heard’s statements are false, but that she knew they were false when she made them, Freeman said.

“When a public figure sues, it’s a lot harder to win,” said First Amendment Attorney George Freeman

He also has to convince the jury that their allegations actually tarnished his reputation.

“When a public figure sues, it’s a lot harder to win,” Freeman explained. “He has to prove what was in her head that she knew she was lying.”

Evidence photos show Amber Heard with a black eye, an alleged broken nose and a tuft of hair on the floor.

Evidence photos show Amber Heard with a black eye, an alleged broken nose and a tuft of hair on the floor.
(proof photos)

An individual need only prove negligence or negligence to prevail in a defamation case.

Heard’s attorney, Ben Rottenborn, has argued that Depp must also prove that Heard was actually referring to him in the comment. If he does, the jury need only find that Depp verbally abused Heard once for him to lose his defamation case, the attorney said.

However, civil and marriage attorney Marilyn Chinitz disagreed, countering that the comment clearly referred to Depp and a domestic violence allegation that Heard had made publicly against him two years earlier.

Johnny Depp and Amber Heard in court.

Johnny Depp and Amber Heard in court.
(Evelyn Hockstein/Pool via AP)

The ‘London Fields’ star, with bruises on her face and paparazzi in tow, went to a Los Angeles courthouse in May 2016 to seek a restraining order against Depp, accusing him of hitting her in the eye with a cellphone.

“It’s a clear line to say that Depp physically abused her even if she didn’t use his name,” she said.

Chinitz added that the case will come down to Heard’s cross-examination and whether Depp’s legal team can undermine her to the point that the jury will not recognize any part of her testimony.

The trial in Fairfax County Circuit Court in Virginia went dark for a pre-scheduled break this week but will resume on Monday with Heard back on the witness stand. After her testimony is complete, her attorneys plan to call Depp back to the witness stand, as well as his ex-girlfriend Ellen Barkin and Amber’s sister Whitney Heard, but not necessarily in that order, according to a source close to her team.

Both sides have accused each other of physical and verbal abuse, and have provided witnesses, audio recordings and photos to support their respective claims.

Actor Johnny Depp and his wife Amber Heard attend the red carpet for the film

Actor Johnny Depp and wife Amber Heard attend the red carpet event for the film ‘Black Mass’ at the 72nd Venice Film Festival September 4, 2015 in northern Italy.
(Manuel Silvestri via Reuters)

Depp, who has called Heard the abuser in their relationship, testified that she threw a vodka bottle at him and severed his fingertip during an infamous explosion in Australia in 2015.

“I think they both harmed themselves in this process,” said Chinitz, who represented Tom Cruise and Michael Douglas in their respective divorces. “You don’t get a good feeling with either of them.”

Heard’s counterclaim, alleging that Depp defamed her by calling her abuse claim a fraud, suffers from similar obstacles, criminal and civil attorney Mark Bederow said.

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Heard’s team must prove that Depp, and not his attorney, was behind the derogatory comment.

“But even if one party prevails, it will be a Pyrrhic victory,” Bederow told Fox News Digital. “Both have severely damaged their reputations on the public stage.”

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