上个星期, Heard’s legal team claimed that the actress, 36, 是 有权获得审判不当 “基于新发现的事实和信息” 整个审判中在场的一名陪审员并不是实际被传唤担任陪审员的人.
They said the person summoned was 77 当时, but a 52-year-old with the same last name and address instead showed up and was seated. Her side said it is “deeply troubling for an individual not summoned for jury duty nonetheless to appear for jury duty and serve on a jury,” especially given the “high-profile” nature of the trial “where the fact and date of the jury trial were highly publicized prior to and after the issuance of the juror summonses.”
Heard’s lawyers said she was not given the proper “due process,” so she requested a mistrial “and a new trial ordered.”
Her ex-husband’s legal team fired back on Monday, insisting the verdict stand and reiterated their evidence. About the alleged juror mix-up, Depp’s team said Heard’s “绝望的, after-the-fact demand for an investigation of Juror 15 based on a purported error in his birth date” 是 “misplaced.” They argued that she has “failed to identify any way” that the juror mix-up would have “somehow robbed her of” due process, and clarified that the juror was vetted “just as all of the other jurors were.”
现在, in a ruling on Wednesday, 彭尼·阿斯卡拉特法官, 谁主持了在费尔法克斯县巡回法院举行的弗吉尼亚诽谤审判, 拒绝了赫德的审后动议，并表示有 “没有欺诈或不当行为的证据” 在陪审团中.
In the court documents, published by 法律 & 犯罪网络, Azcarate said the juror in question never lied on his forms and, like the rest of the jurors, 曾是 “vetted” and both sides “questioned the jury panel for a full day and informed the Court that the jury panel was acceptable,” ensuring due process was provided.
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About the timing of Heard’s team raising the concern now after the verdict, the judge said Heard “knew or should have known about the mistake at any time during the seven-week pendency of this trial” 和 “had every opportunity to object” on the issue.
“A party cannot wait until receiving an adverse verdict to object, 首次, on an issue known since the beginning of trial. The issue has been waived,” wrote Azcarate.
The judge added, “Defendant does not allege Juror 15’s inclusion on the jury prejudiced her in any way. The juror was vetted, sat for the entire jury, deliberated and reached a verdict. The only evidence before this Court is that this juror and all jurors followed their oaths, the Court’s instructions, and orders. This Court is bound by the competent decision of the jury.”
Reps for Heard and Depp did not immediately respond to PEOPLE’s requests for comment.
在六月 1, the trial ended with the seven-person jury siding mostly with Depp, awarding the 59-year-old actor $15 million in damages after finding Heard defamed him in a 2018 专栏, 虽然她没有在文章中提到他的名字. The judge subsequently reduced the award to $10.35 million due to a Virginia law capping punitive damages. She was awarded $2 百万损失, winning one of her three defamation countersuit claims.
In their filing this week, Depp’s team argued Heard had “ample time” to verify the juror’s information and raise any concerns prior to the trial, rather than bringing it up after the verdict.
他们补充说, “In a rare moment of candor, 多发性硬化症. Heard admits that she was aware of this purported discrepancy in Juror 15’s birth year from the very start of trial because ‘Juror 15 … was clearly born later than 1945.’ … 多发性硬化症. Heard chose not to raise this alleged ‘discrepancy’ with the Court during the voir dire process or at any time during the six-week trial and thereby waived it.”
After the verdict was revealed last month, Depp said in a statement that he felt like the jury, made up of five men and two women, “把我的生命还给了我。” 听到, 同时, called the verdict a “挫折” for women and said, “我心碎了，堆积如山的证据仍然不足以抵挡不成比例的力量, 我前夫的影响和影响。”
In the weeks since, Depp has been touring overseas performing with Jeff Beck, with whom he is releasing an album this Friday. Heard did a sit-down interview with NBC News’ 萨凡纳·格思里, where she said she stands by every word of her testimony and that she still has “no ill will” toward Depp.
Her lawyer Elaine Bredehoft previously said Heard planned to appeal the verdict and that the 海王 演员 能够 “绝对不” afford to pay the damages amount. Bredehoft said in closing arguments that Heard had racked up $6 million in legal fees by that point. Depp’s lawyer Benjamin Chew said last month that, for the actor, 这 case was “never about money … this was about restoring his reputation, and he’s done that.”