With the publicity surrounding the eye opening trial between Johnny Depp and Amber Heard, attorney Frederick Penney takes to the airwaves on Radio Law Talk
— Frederick Penney
SACRAMENTO, CALIFORNIA, UNITED STATES, May 4, 2022 /EINPresswire.com/ — Penney and Associates Managing Partner Frederick Penney Covers Johnny Depp trial on National Radio
Did actress Amber Heard defame her ex-husband Johnny Depp in Op-Ed article she wrote for the Washington Post in 2018? https://www.washingtonpost.com/opinions/ive-seen-how-institutions-protect-men-accused-of-abuse-heres-what-we-can-do/2018/12/18/71fd876a-02ed-11e9-b5df-5d3874f1ac36_story.html. This is the question for a Virginia jury that has already seen one juror step down due to health reasons.
The answer to that question goes to the heart of the laws that surround libel laws. https://www.nolo.com/legal-encyclopedia/defamation-libel-slander-key-elements-claim.html . This trial also brings up some interesting notions about secretly recording a spouse, which it seems that Amber Heard was doing in attempt to show the bad behavior of the Pirates of the Caribbean star.
Frederick Penney is the host of the nationally syndicated show, Radio Law Talk which airs on numerous radio stations nationwide. He has been relentless in discussing and looking at the behind the scenes strategies of the lawyers.
Depp filed $50 million libel lawsuit?
The high-profile trial is the latest chapter in the tumultuous public battle between Heard and Depp who were married for 15 months before Heard filed for divorce in 2016. When Depp took the stand in mid-April in his $50 million libel lawsuit against Mrs. Heard, he continued to deny that he struck, choked, and kicked her during “violent and volatile episodes,” adding he has “never struck a woman in my life.”
But there’s a hitch that Heard’s defense is using against Depp. In the Washington Post piece, Heard actually does not mention Depp by name. Rather, the defense attorneys argued in their opening statement that the essay was written to highlight legislation to protect survivors and that it never detailed allegations aga inst Depp. Depp’s legal team however argued that it was clearly implied and said without using Johnny Depp’s name. Heard has filed her own cross complaint against Johnny Depp for $100 million.
What constitutes libel?
To understand the case, you have to consider the nuances of defamation law as some common terms are often confused. First, defamation is, by definition, a false statement that damages someone’s reputation. If the untrue statement is made in writing, it is called libel. If, on the other hand, the untrue statement is spoken orally, it is defined as slander. But both are, in other words, types of defamation. Details of this old law and its nuances are talked about in a blog by Frederick Penney. See https://docs.google.com/document/d/1cfjubZSTm_G7-YAXH9mlqcxsuDAE3vrzegkxEJ5sar4/edit#heading=h.vglpfsp27dmy .
It is important to note that in 2020 Depp lost his liable case against the Sun newspaper, over an article that called him a “wife beater.” The judge at the Royal Courts of Justice in London said the Sun had proved what was in the article to be “substantially true.” https://www.bbc.com/news/uk-54779430 .
In the end Depp must prove that Amber Heard’s statements were false and that it damaged his reputation
Depp’s attorneys are zeroing in on the impact on his reputation. As the trial began, they argued that Heard ruined his reputation by “choosing to lie about him for her own personal benefit.” They have brought in people to discuss Depp’s losses including both he and Amber’s former Agent.
Shortly after the publication of Heard’s op-ed article, the Walt Disney Company, which owns the “Pirates of the Caribbean” movie franchise, cut ties with the actor, who starred as Captain Jack Sparrow.
Heard’s attorneys are, of course, pushing back, describing Depp as a revengeful alcohol- and substance-dependent abuser.
Who will win or what are the issues in the case that help or hurt each party?
This is what Frederick Penney talks about with his co-hosts Denise Dirks and Todd Kuhnen on Radio Law Talk, live every Saturday 9-12 PST on radio stations found across the United States.