Legal experts say Johnny Depp could lose defamation case even if Amber Heard flops on stage

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an actress Amber Heard‘s The “performance” on the podium last week – that’s what Johnny Depp’s legal team called it – was widely criticized. But this may not be enough to grant her ex-husband deep A victory in his defamation case, experts told Fox News Digital.

Trial counsel and body language expert Susan Constantine analyzed Heard’s role in the witness box and gave it a thumbs-up for credibility.

“She is not honest and most of what she says is a lie,” Constantine said in her appreciation.

“That’s a really bad acting, I don’t know how you’ll get a movie role after this.”

“This is a really bad acting, I don’t know how you’re going to get a movie role after that,” said experience consultant and body language expert Susan Constantine.

Amber Heard in her testimony on May 5, 2022, against her ex-husband, Johnny Depp.

Amber Heard in her testimony on May 5, 2022, against her ex-husband, Johnny Depp.
(Jim Lo Scalzo/Paul via Reuters)

Depp, 58, is suing Heard, 36, for $50 million over the course of 2018 in an op-ed she wrote for The Washington Post, identifying herself as a “public figure who represents domestic violence.”

Although the piece does not refer to Depp by name, he claims that it ruined his career and turned him into a Hollywood pariah.

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Heard opposed the $100 million, accusing Depp and his former attorney of conspiring to discredit her by calling her abuse allegations a “hoax.”

Heard spent two days on the stage last week recounting Depp’s alleged acts of verbal, physical and sexual abuse, which she says left her with a broken nose, blackened eyes and bruises.

Amber Heard testifies on May 4, 2022, in the Johnny Depp defamation trial against her.

Amber Heard testifies on May 4, 2022, in the Johnny Depp defamation trial against her.
(Elizabeth Frantz/Paul/Reuters)

In haunting detail, Heard described how Depp raped her with a bottle of Maker Mark in a drug-filled rage on a trip to Australia in March 2015.

But many critics called her tireless and melodramatic wailing unoriginal.

Constantine said Heard’s facial expressions and body movements were so inconsistent and exaggerated that they were “off the scale”. She added that the “Aquaman” star tells a lot of strange details that trauma victims do not usually remember – especially six years or more after the incident.

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“Liars give you a lot of information,” she said.

But this does not mean that everything Heard said is incorrect, as Constantine pointed out.

“I think when she described the blow to the head, she was honest,” she said, referring to Heard’s allegations that Depp shot her in the head and strangled her unconscious during a 2015 altercation in their shed.

Images of evidence show the injuries Johnny Depp sustained after his ex-wife Amber Heard allegedly hit him in the face in March 2015.

Images of evidence show the injuries Johnny Depp sustained after his ex-wife Amber Heard allegedly hit him in the face in March 2015.
(photo evidence)

“I think he was verbally insulting at times,” she added.

First Amendment attorney George Freeman, director of the Media Law Resource Center, said Depp has a very steep hill to climb to win the case. Freeman said the “Black Mass” actress had to prove not only that Heard’s statements were false, but that she knew they were wrong when she made them.

George Freeman, a First Amendment attorney, said, “When a public figure is suing, it is more difficult to win.”

He also has to convince the jury that her accusations have already damaged his reputation.

“When you’re suing a public figure, it’s much more difficult to win,” Freeman explained. “He had to prove what was going on inside her head, and that she knew she was lying.”

Evidence photos show Amber Heard with black eyes, an alleged broken nose and a clump of her hair on the floor.

Evidence photos show Amber Heard with black eyes, an alleged broken nose and a clump of her hair on the floor.
(photo evidence)

The average person only has to prove negligence or negligence in order to prevail in a defamation case.

Heard’s attorney, Ben Rothenborn, argued that Depp also had to prove that Heard was indeed referring to him in the opinion piece. If he did, the attorney said, the jury would have to find Depp verbally abusive to Heard once in order for him to lose the defamation case.

But civil and spousal attorney Marilyn Chinitz disputed this, opposing that the op-ed made explicit reference to Depp and the domestic violence claim she heard publicly against him two years ago.

Johnny Depp and Amber Heard in court.

Johnny Depp and Amber Heard in court.
(Evelyn Hockstein / Pool via AP)

The “London Fields” star, with bruises on her face and paparazzi, went to a Los Angeles court to obtain a restraining order against Depp in May 2016, accusing him of hitting her eye with a mobile phone.

“It’s a clear line to say that Depp physically abused her even if she didn’t use his name,” she said.

Chinatz added that the case would come down to Heard’s questioning and whether Depp’s legal team could undermine her to the point that a jury would not attribute any part of her testimony.

Trial in Fairfax County Courthouse in Virginia It went dark this week for a pre-scheduled break but will resume on Monday with Heard’s return to the witness stand. After her testimony is over, her lawyers plan to call Depp back on the podium as well as his ex-girlfriend, Elaine Barkin, and Amber’s sister, Whitney Heard, though not necessarily in that order, according to a source close to her team.

Both sides accused each other of physical and verbal abuse and provided witnesses, audio recordings and photos that corroborated each other’s allegations.

Actor Johnny Depp and his wife Amber Heard attend the movie's red carpet event

Actor Johnny Depp and his wife Amber Heard attend the “Black Diamond” red carpet event at the 72nd Venice Film Festival in northern Italy September 4, 2015.
(Manuel Silvestri via Reuters)

Depp, who called Heard the abuser in their relationship, testified that she threw a vodka bottle at him and cut off the tip of his finger during an infamous bombing in Australia in 2015.

“I think they really abused themselves in this lawsuit,” said Chinitz, who represented Tom Cruise and Michael Douglas in the event of their divorce. “You don’t have a positive feeling about either of them.”

Criminal and civil attorney Mark Pedro said a lawsuit against Heard, who alleges Depp defamed her by calling her abuse claim a hoax, suffers from similar hurdles.

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Heard’s team must prove that Depp, not his attorney, was in fact behind the insulting comment.

“But even if one side wins, it will be a very expensive victory,” Pedro told Fox News Digital. “Both of their reputations were badly damaged on the public stage.”