标记档案: Request

Judge Denies Amber Heard’s Mistrial Request, Says ‘No Evidence of Fraud or WrongdoingAmong Jury

Judge Denies Amber Heard's Mistrial Request, Says 'No Evidence of Fraud or Wrongdoing' Among Jury

琥珀听说‘s request for a mistrial in 约翰尼·德普‘s defamation case against his ex-wife has been dismissed by the judge.

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 isdeeply troubling for an individual not summoned for jury duty nonetheless to appear for jury duty and serve on a jury,” especially given thehigh-profilenature of the trialwhere 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 properdue process,” so she requested a mistrialand 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 hasfailed to identify any waythat the juror mix-up would havesomehow robbed her ofdue process, and clarified that the juror was vettedjust 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 “vettedand both sidesquestioned the jury panel for a full day and informed the Court that the jury panel was acceptable,” ensuring due process was provided.

US actor Johnny Depp (电阻) listens as Judge Penney Azcarate (升) gives instructions at the close of the day of the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court in Fairfax, 弗吉尼亚州, 在5月 19, 2022. - Actor Johnny Depp is suing ex-wife Amber Heard for libel after she wrote an op-ed piece in The Washington Post in 2018 referring to herself as a public figure representing domestic abuse.

US actor Johnny Depp (电阻) listens as Judge Penney Azcarate (升) gives instructions at the close of the day of the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court in Fairfax, 弗吉尼亚州, 在5月 19, 2022. – Actor Johnny Depp is suing ex-wife Amber Heard for libel after she wrote an op-ed piece in The Washington Post in 2018 referring to herself as a public figure representing domestic abuse.
信用: SHAWN THEW/POOL/AFP via Getty

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About the timing of Heard’s team raising the concern now after the verdict, the judge said Heardknew or should have known about the mistake at any time during the seven-week pendency of this trial” 和 “had every opportunity to objecton 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.

琥珀听说, Elaine Bredehoft

琥珀听说, Elaine Bredehoft
琥珀听说 (电阻) and attorney Elaine Bredehoft
| 信用: STEVE HELBER/POOL/AFP via Getty

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 hadample timeto verify the juror’s information and raise any concerns prior to the trial, rather than bringing it up after the verdict.

约翰尼·德普 (电阻) and his attorney Camille Vasquez (升) during a break in the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court

约翰尼·德普 (电阻) and his attorney Camille Vasquez (升) during a break in the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court
Camille Vasquez and Johnny Depp
| 信用: SHAWN THEW/POOL/AFP via Getty Images

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 ‘discrepancywith 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 hasno ill willtoward 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 wasnever about moneythis was about restoring his reputation, and he’s done that.