Depp vs. Heard

Warning - discussion re: domestic violence.

For the last few weeks, I have been completely enthralled by the Johnny Depp versus Amber Heard defamation court case.

I’m currently working on my first novel, which features a long court scene, and aspects of police procedural, so I thought I’d tune in to the trial to gain some familiarity with the legal process.

In my novel, my heroine does something that she gets caught and tried for. She breaks the law, but something good happens as a result. The ends justify the means. Or do they?

Her court appearance divides a nation, where one half wholeheartedly believes she is innocent, and that she did the right thing. The other half believes she is a criminal because she broke the rules, and must be punished regardless of her intentions or the outcomes. It creates civil unrest.

Through the Depp vs Heard trial, I am learning what it takes for a trial to captivate a community, a nation, the world.

If you don’t know, the actor Johnny Depp (Pirates of the Caribbean, Blow, Sleepy Hollow), is suing his ex-wife Amber Heard (Aquaman) for $50 million. He claims she defamed him by writing an opinion piece, published in the Washington Post, which claims she is a survivor of domestic violence at the hands of Johnny Depp. As a result of this article, Johnny Depp was fired from his roles in Pirates of the Caribbean and Fantastic Beasts, and his name is now associated with domestic violence against women.

Amber Heard is counter-suing Depp for $100 million claiming that her career has been ruined by his assertions that she is a liar.

Depp claims that it was, in fact, Amber Heard that perpetrated intimate partner violence against him, and not the other way around.

Johnny Depp, and those closest to him, have maintained that he never abused Heard. Depp sustained a severe injury to his finger, which resulted in him being hospitalized, as a result of Ms Heard throwing a large glass bottle at him.

Defamation cases are notoriously hard to win. For Depp to win, he has to show three things:

1. That the article was written with malice, and that it was intended to hurt him and/or his career.

2. That the statements made in the article are false.

3. That he suffered direct negative outcomes as a result of the article, that would not have taken place had the article not been written.

Heard has to show the same for Depp’s assertions that her claims are false.

I began watching this trial with no knowledge of their past, but very quickly, certain things became apparent to me.

First of all, it was Johnny Depp and his counsel who petitioned relentlessly to have the trial made public. Heard and her team worked equally hard to have the trial take place behind closed doors. Make of that what you will.

Everyone and their aunt queued up to defend Depp and his character, while only a paid psychologist was brought to the stand to defend Heard. Her friends, family, former colleagues and staff were nowhere to be seen.

As soon as Johnny Depp started speaking, I got the feeling that he was (for the most part) telling the truth. His speech seemed natural, he admitted his own flaws and mistakes, and the cadence of his emotions seemed appropriate for the memories he was describing.

Depp never looked at Heard at all.

When Heard entered the courtroom, I noticed that she kept looking over at Depp; seeking his eye, seeking attention. Not typically the actions of an abused party.

When Heard took the stand, something felt very ‘off’. Her testimony didn’t add up for me.

I felt that her emotions were out of sync with the words coming out of her mouth. And I noticed some inconsistencies with her testimony. She described many instances of assault that would have left her with life-changing injuries, and yet she had no injuries to show for these claims, neither at the time, nor now.

There’s no other word for what she described than lies. Some of the times and locations she described probably did take place, but the events she described at those places, and at those times, did not take place the way she said, in my opinion.

It was chilling and surreal to watch someone sit there and tell barefaced lies that could not possibly be true, in a court of law, under oath, expecting all to believe her. It was shocking to witness someone have zero conscience about making these claims - claims that would ruin another person’s life. Another person whom she once claimed to love.

When a psychiatrist testified on record that Heard scored highly for both borderline and histrionic personality disorder traits, things started to make sense.

But it made me wonder. At what point has someone committed such profound perjury that the case is stopped and they’re taken down and convicted? I mean, if a statement is self-evidently not true, for example, that she described serious injuries in an assault that she evidently does not have. Isn’t the case closed? The jury are instructed to disregard all statements made by someone caught out in a single lie on the stand. And at what point is a person so detached from reality that they cannot stand as a witness for themselves, nor as a defendant?

Heard’s claims are so outrageous, and so unfounded, that I do not think this trial should’ve even gotten this far. Her attorneys are finding out, in real time, the depths of the delusions she has presented as facts.

I do not think Johnny Depp will win this case. And I’m not sure he should. While I am almost certain he did not do 99% of the things she is accusing him of, there are audio recordings of him shouting abuse at her, calling her names, and verbally demeaning her. This is still abuse, and it’s still not ok.

If Amber Heard had simply pointed to these instances as the abuse to which she was referring, the case may have swung in her favour because, make no mistake, emotional, verbal and psychological intimidation is still abuse.

By participating in this trial, Heard has been the executor of her own karma. There is copious evidence that she did far worse to him than he ever did to her, including evidence of physical abuse. She lied with such hysterical wild abandon that it made her case utterly unbelievable, and made her an unreliable witness. And she has led herself to ruin by showing the world that she is a malicious liar.

As with most relationships, it’s complicated and not clear cut. Heard would have us believe that she was an innocent fairy princess living with a demon. But the truth is, she was the demon, most of the time.

Although I don’t think Depp will win, my opinion is he is more innocent than Heard. Her career is over, that’s for sure. But I’m not sure how the jury will account for her malevolent falsehoods. Perjury carries prison time.

The thought process that led her to choose this for herself, and to continue on with this charade, beggars belief. It is this, more than anything, that makes me wonder just how unwell Heard is. She has taken actions, and continues to take actions, that are against her own wellbeing. Exposing herself to this trial is just one such act. Assuming she believes her own lies, then she is severely delusional. Isn’t that prima facie evidence that she is unfit to participate in this trial?

On a personal level, this trial has been so relatable because, in recent years, I’ve also had to wise up to the fact that not everyone is filled with a sound mind and good intentions, as I try to be. Not everyone has the desire to act in an honest and responsible way. And some people would genuinely rather grind others into the ground than support them.

Unexamined spirituality can make us naïve. Believing that love conquers all can cause us to take abuse. Forcing ourselves, through mantras, to believe that ‘all is well’ can cause us to stand by as our lives fall apart. And forgiveness, to the point that others experience no negative consequences as a result of their harmful acts, can lead to a lifetime of misery.

Sadly, not everyone is like you, and the world is littered with dark and dangerous spaces. Most of them are between people’s ears.

If you are being treated in ways you would not expect your best friend to tolerate, then it may be time to leave.

Know that it is not always ‘spiritual’ to put others before yourself.

For the most part, insist on reciprocal love, respect and good treatment. Move away from relationships where that is not forthcoming.

When people show you who they are, believe them. Believe actions, not words.

And betray yourself last of all.

If you or someone you know have been affected by domestic violence, help is available.

UK: https://www.gov.uk/guidance/domestic-abuse-how-to-get-help

US: https://ncadv.org/get-help

Rest of the world: ‘Google’ Domestic violence help wherever in the world you are.