Judge Denies Amber Heard's Mistrial Request, Says 'No Evidence of Fraud or Wrongdoing' Among Jury
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Amber Heard's request for a mistrial in Johnny Depp's defamation case against his ex-wife has been dismissed by the judge.
Last week, Heard's legal team claimed that the actress, 36, is entitled to a mistrial "based on newly discovered facts and information" that one of the jurors present for the entire trial was not the one actually summoned for jury duty.
They said the person summoned was 77 at the time, 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 "desperate, after-the-fact demand for an investigation of Juror 15 based on a purported error in his birth date" is "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."
Now, in a ruling on Wednesday, Judge Penney Azcarate, who presided over the Virginia defamation trial held in Fairfax County Circuit Court, denied Heard's post-trial motions and said there is "no evidence of fraud or wrongdoing" among the jury.
In the court documents, published by Law & Crime Network, Azcarate said the juror in question never lied on his forms and, like the rest of the jurors, was "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.
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 Heard "knew or should have known about the mistake at any time during the seven-week pendency of this trial" and "had every opportunity to object" on the issue.
"A party cannot wait until receiving an adverse verdict to object, for the first time, 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.
STEVE HELBER/POOL/AFP via Getty Amber Heard (R) and attorney Elaine Bredehoft
On June 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 op-ed, though she didn't mention him by name in the article. The judge subsequently reduced the award to $10.35 million due to a Virginia law capping punitive damages. She was awarded $2 million in damages, 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.
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SHAWN THEW/POOL/AFP via Getty Images Camille Vasquez and Johnny Depp
They added, "In a rare moment of candor, Ms. 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.' ... Ms. 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, "gave me my life back." Heard, meanwhile, called the verdict a "setback" for women and said, "I'm heartbroken that the mountain of evidence still was not enough to stand up to the disproportionate power, influence and sway of my ex-husband."
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' Savannah Guthrie, 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 Aquaman actress can "absolutely not" 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, the case was "never about money ... this was about restoring his reputation, and he's done that."
