Amber Heard is calling for a retrial, claiming the juror who sided with Johnny Depp in an $8 million court battle IMPERSONED a real juror with matching last name
- Amber Heard’s attorneys filed a second document on Friday requesting a retrial, alleging that the wrong person served on the jury
- Attorneys said a 77-year-old person was selected for jury service, but a 52-year-old person with the same last name and address served instead
- Heard’s lawyers said her “right to a trial and due process” had been “undermined and compromised.”
- They added: “In the circumstances, a mistrial should be declared and a new trial ordered.”
- They didn’t say how the mistake was discovered or give the first names of the two jurors
Amber Heard’s lawyers on Friday called for a new trial in her $8 million libel battle with ex-husband Johnny Depp, alleging that the wrong person served on their jury and ruled against her.
Heard’s team filed the Virginia court documents “based on additional discovered facts,” they said.
Her attorneys allege that two people with the same last name lived in the Virginia home where the jury subpoena was mailed in April.
The subpoena was for a 77-year-old, but the 52-year-old appeared in court and served as a jury member instead.
“It is deeply disturbing for a person who has not been summoned to appear on jury service to nevertheless appear on jury duty and serve on a jury, particularly in a case like this,” they write.
Amber Heard, who testified on May 4, claimed Friday there was a jury mix-up and said she needed a retrial
Johnny Depp was awarded $10 million in compensatory damages and $5 million in punitive damages by a jury on June 1
Fans of Depp, 59, are pictured outside the courtroom in Fairfax, Virginia on April 25
The filing notes that Virginia has safeguards in place to prevent this type of mix-up, such as: B. Using a seven-digit jury number, zip code, and date of birth to verify the jury’s identity.
Depp is on tour with his band in Germany on July 6th
“These safeguards are in place and used by the parties to verify the identity of the correct juror to ensure due process and a fair trial for all parties to the litigation,” the filing reads.
“When these safeguards are circumvented or not followed, as appears to be the case here, the right to a jury trial and due process are undermined and jeopardized.
“Under the circumstances, a mistrial should be declared and a new trial ordered.”
The document provided no reason why this allegedly happened or how the situation was uncovered.
Friday’s filing comes after the actress’ legal team claimed on July 1 that the verdict at trial was not supported by evidence presented during the six-week hearing.
The July 1st outlined the problem of the “wrong” juror 15, but did not go into as much detail as Friday’s document.
Depp is suing his former partner over a 2018 article she wrote for the Washington Post about her experiences as a domestic violence survivor, which his attorneys said they falsely accused him of being an abuser.
On June 1, the jury ruled in his favor.
Heard’s attorneys also said last week that the judge should vacate the verdict because the amount awarded to Depp — $10 million in compensatory damages and $5 million in punitive damages — was “excessive” and “unreasonable.”
She received $2 million.