Johnny Depp’s legal team was fruitless trying to get Amber Heard’s US$100mil counterclaim dismissed Tuesday (May 24) as Heard’s lawyers rested their case in the defamation trial.
Judge Penney Azcarate said at the Fairfax County Circuit Courthouse in Virginia that it’s not her job “to measure the veracity or weight of the evidence” after lawyers for Depp and Heard both presented arguments about the countersuit.
“There was no hoax perpetrated,” Heard attorney Ben Rottenborn said Tuesday. “Mr Depp is an abuser who abused Ms Heard. She did not conspire with her friends to create a hoax. She did not create a hoax herself.”
Rottenborn’s defense came after Depp lawyer Benjamin Chew opened Tuesday’s proceedings with a motion to strike the counterclaim.
“The evidence shows that Ms Heard cannot prevail on her claim because she cannot and did not establish that Mr Waldman made the statements with actual malice,” Chew said.
“Mr Waldman testified that he conducted extensive investigation and reasonably believed that the three statements he made were true.”
Heard finished up her four-day testimony last week, saying she never manhandled Depp and claiming the actor injured his finger by smashing a telephone.
She described many occurrences in which Depp allegedly abused her, including accusing him of sexually assaulting her with a bottle in Australia.
Her team rested its case Tuesday without recalling Depp to the witness stand.