Johnny Depp libel trial: Catch up on what happened on day 13

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Welcome to our live coverage of the Johnny Depp libel case against the publishers of The Sun – Amber Heard’s sister, Whitney, is giving evidence this afternoon.

    Key points:

    Day 13 of Johnny Depp’s libel action against The Sun’s publishers, NGN, at the High Court in LondonAmber Heard has given evidence for the final time, with the court hearing of texts she sent to her mother, one saying: “I’m heartbroken this is who I love”Her sister also appeared in the witness box and claimed she witnessed Depp being violent in March 2015Depp denies 14 allegations of violence against Heard and has accused her of being the “abuser” – he finished giving evidence last weekCoverage from entertainment reporter @Bethanyminelle at court, with additional reporting from @gemmapeplow Posts may contain graphic or explicit language, or include images of injury and drug use

    17:37

    See you tomorrow

    That’s it from us at the High Court today.

    As well as further evidence from Whitney Henriquez, we think tomorrow’s witnesses will be acting coach Kristina Sexton, and Heard’s friends Raquel “Rocky” Pennington and iO Tillet Wright, all via video-link.

    We’ll see you back here just before 10am.

    17:31

    And here’s Johnny Depp leaving too…

    17:13

    Here is Amber Heard leaving the court following her final morning of evidence – the trial is due to finish next week

    16:40

    Court is now over for the day, and Depp and Heard should be heading out shortly.

    16:35

    Whitney will be back tomorrow

    The court is hearing that questioning of Whitney Henriquez by the defence will happen tomorrow morning, which means that the court is  now over-running again.

    There are three more witnesses due to enter the box tomorrow, and with that all the witnesses for the defence will have given evidence.

    Next week will continue with one day of submission and speeches for both the defendant and the claimant, starting with the defendant (The Sun’s publishers NGN).

    Depp’s lawyers will then conclude with submission and speeches on Tuesday.

    16:33

    ”Throw her a lifeline’

    We are hearing that Heard filed for a domestic violence restraining order on 27 May 2016.

    Ms Laws says Heard had “tipped off the media and the paparazzi and that’s why they were all there, and could see her arrive with a mark on her cheek”.

    Ms Henriquez disagrees.

    Ms Laws goes on: “Now you are friends again [with your sister], you are doing your best to throw her a lifeline, because you are the only person who can say they saw violence between her and Mr Depp.”

    Again, Ms Henriquez disagrees.

    The judge tells Ms Laws that this is a comment, and not a question. Ms Laws agrees, and apologises, and with that concludes her questioning.

    16:25

    ‘She needs to be calmed down’

    Ms Laws asks: “Do you agree your sister is someone who “needs to be calmed down?”

    Ms Henriquez answers: “Yes, if she’s upset. We all need to be.”

    16:21

    We are now being shown colour CCTV footage which seems to show Heard, Ms Henriquez, Melanie Inglessis, Raquel Pennington and Amanda de Cadenet all in the lift together.

    The footage shows Heard outside the lift, and then getting in. Ms Laws asks if she’s eating.

    Ms Henriquez says she can’t tell.

    The footage is marked to show it was filmed in the early evening of 25 May 2016.

    Ms Laws says the group was going out and everyone was “happy”.

    Ms Henriquez says “I can’t remember, I don’t know what we were doing”.

    16:18

    ‘Fake punch in the lift’

    Ms Laws is putting it to Ms Henriquez that there was a video of Ms Henriquez and Heard in the lift of the LA apartment block, messing around and showing Ms Henriquez pretending to punch Heard.

    Ms Henriquez says she doesn’t remember that and hasn’t seen any video.

    Ms Henriquez agrees she and Heard were getting on well at this point, and had been since before the Coachella Festival.

    Ms Laws says up until this point Heard was not “sad and miserable” in the lead up to her her restraining order, and alone in her apartment.

    Ms Henriquez disagrees, and says Heard was “sad and miserable”.

    16:15

    ‘Convulsions’

    The court is now hearing a message exchange between Heard and her friend iO Tillet Wright, who we are due to hear from tomorrow.

    In it Heard is saying how ill she was during the Coachella trip, and that she had “convulsions”.

    Ms Laws says again, “It was Amber who vomited wasn’t it?”

    Again, Ms Henriquez says no, it was her who vomited.

    The text exchange also refers to “some major s***” going on between Ms Henriquez and Heard.

    Ms Henriquez says she thinks that might be in reference to her own pregnancy.

    16:07

    Here is a photo taken during the Coachella Festival trip. Heard is third from the right, and Ms Henriquez is far left.

    16:06

    Who vomited at Coachella?

    We now move on to the trip to Coachella Festival after Heard’s 30th birthday party.

    Ms Laws asks who was sick during the trip.

    “I was”, answers Ms Henriquez, adding “I was pregnant”.

    Ms Henriquez says Amber was “unwell” at the festival, but was not sick.

    Ms Henriquez confirms Heard had drunk alcohol and taken MDMA. She disputes that Heard smoke marijuana on the trip.

    Earlier in the case we heard evidence from Depp;s security guard Starling Jenkins, who said he saw Heard being sick in the car park.

    In her evidence, Heard said he had mixed up her and her sister.

    16:02

    ‘Blonde hair and blood stuck in the splinter on the bed frame’

    We are now talking about Ms Henriquez moving out of penthouse four. it was after this Ms Henriquez was estranged from the couple.

    Ms Henriquez says: “When Johnny kicked me out I had nowhere to go, I was sleeping on my boss’s floor”.

    In her statement she talks about going back to the apartment block to pick up some of her things. It reads: “I remember seeing that a bed was dishevelled. It had a very heavy wood frame and I noticed it had splintered and there was a chip in the wood.

    “There was blonde hair and blood stuck in the splinter on the bed frame. I had not heard about the fight on 15 December 2015 at that point because Amber and I were not speaking at that time, but I was immediately alarmed. I remember imagining what kind of force it would take to do that because it was such a heavy and solid frame

    15:56

    Ms Laws is now asking Ms Henriquez if she saw Heard being throwing things at Depp during the incident.

    Ms Henriquez says: “She was in her PJs and she didn’t have any of her belongings”, adding “she doesn’t even drink Red Bull.”

    15:54

    ‘Are you afraid of your sister’

    She says: “The fist important detail for me was that it was the first time I had seen physical violence [from Depp towards Heard] and that was what was memorable for me.”

    Ms Henriquez says she has witnessed Depp being “violent to other people before”. Ms Laws says she has “thrown that in”.

    She says she has never seen Heard being violent towards anyone, adding “We tussled as kids.”

    “Has she ever hit you?” Ms Laws asks.

    “No”, answers Ms Henriquez.

    “Are you afraid of your sister?” Ms Laws adds.

    “No, I’m not” says Ms Henriquez.

    “Are you cautious of her?” asks Ms Laws.

    “No”, answers Ms Henriquez.

    15:50

    ‘The most important detail of all’

    Ms Laws is putting it to Ms Henriquez that the statement is very detailed, but what is omitted is “the most important detail of all”.

    She says Depp had “a bright green cast” on his hand at the time, and there is no mention of this.

    Ms Henriquez says Depp did have a cast on his hand, and she remember it had dinosaurs on it. She adds, “but I don’t think that’s the most important detail”.

    15:48

    ‘Extremely shocking’

    In the statement, Ms Henriquez says Depp and Heard called her “marriage counsellor” as she lived next door, and that she and Depp called one another “brother and sister”.

    She says she was woken up on the night of 9 March 2015, and went into Depp and Heard’s penthouse – PH5.

    She says what she saw when she went in was “extremely shocking”. She says she saw Depp throw a can of Red Bull, which hit his nurse, Debbie Lloyd.

    She says she was standing with her back to Depp and at the top of the stairs in between him and Heard.

    The statement reads: ” I remember being worried that I was near the edge of the top of the stairs. When he got to the top of the stairs, he was pulling me backwards so he could get to Amber. I remember being scared because I was worried that I would fall backwards and fall down the stairs.

    “Johnny reached out to shove me out of the way to lunge at Amber – reaching out to try hit Amber – and instead struck me, hitting me in the arm. Amber suddenly lurched forward and hit him and said, ‘don’t hit my sister’. I didn’t see exactly how Amber hit him but it didn’t seem especially hard; it was just enough for him to lose momentum.

    “She was just trying to protect me and I think it probably stopped me from being pushed down the stairs. There was a struggle with me stuck in the middle of it, and he really went for Amber. Somehow I was pushed out of the way so I wasn’t between them, but I was standing right there next to them when Johnny grabbed her by the hair with one hand and I saw him punch her really hard in the head with his other hand multiple times.

    “I was trying to push my way in between them to stop Johnny from hitting Amber when Travis, Johnny’s security guard, stepped in to pull them apart.  The security guards had been at bottom of the staircase; only then they intervened. We were separated and I immediately took Amber back into my apartment.”

    15:41

    Staircase incident

    We return to the staircase incident, which Ms Henriquez agrees is the only time she saw “physical violence” between Depp and Heard, when Heard punched Depp in the face “in her [Whitney’s] defence”.

    Ms Laws now looks at Ms Henriquez account of the incident in her statement.

    15:40

    ‘You have lied’

    Ms Laws says: “You have lied to support your sister.”

    Ms Henriquez says: “I disagree, I have not lied”.

    15:37

    Ms Henriquez tells the court “I did not remember at the time that it was two separate paintings”.

    Ms Laws says what you were doing was putting in a detail based on this text exchange to embellish your account.

    Ms Henriquez disagrees.

    Ms Laws says “You were asserting it was something Ms Heard said”, and goes on to say it was actually taken from the email exchange a year before.

    15:36

    ‘Merged two incidents’

    Ms Laws says Ms Henriquez has “added in detail completely by mistake” from this incident into the other alleged painting incident (when Heard alleges Depp tried to set fire to another van Ree painting).

    Ms Henriquez says it was “a mistake” and she “merged the two incidents” unintentionally.

    Ms Laws says the mistake happened because it was a fabrication. Ms Henriquez refutes that.

    15:34

    We are now looking at a chain of emails.

    The judge is asking for some guidance from Ms Henriquez as to which way to read the sequence of messages, which are about the van Ree picture.

    There is a message from Depp, then it seems Ms Henriquez sent the photo of the picture defacing to Depp. This was sent a year after the Keith Richards film set visit.

    In the texts Depp calls van Ree “a vulture” and Ms Henriquez says “Oh yes, she’s the worst”.

    15:28

    We return to the Tasya van Ree painting, and it’s alleged defacing.

    In her original statement, Ms Henriquez wrote: ” I didn’t look at it closely at the time, but Amber told me a few days later he had tried to burn it and, when that failed, scratched out her signature to read “Tasya van Pee”.

    She says it was actually a different painting which had the signature scratched out, not that one.

    Ms Henriquez says she saw that herself, and took a photo of it and sent it to Depp.

    15:24

    Make-up and a split-lip

    Ms Laws says this is “a really important piece of evidence”.

    She says the “story would fall apart” if the date of the “disco bloodbath” incident had not been changed, and that it’s “ridiculous” to say Heard has a damaged face in the photo.

    Ms Henriquez disagrees, and says when she looks at the photo she sees: “Make-up and a split lip”.

    15:21

    Keith Richards snap

    Here is one of the Keith Richards photos in question – it shows L-R: Depp, Heard, Richards and Ms Henriquez.

    There is now some legal conflab going on over the dates of the photos, which is slightly disputed.

    The judge steps in to help resolve this, and also remind both lawyers “not to talk over each other”.

    15:18

    Ms Laws is asking Ms Henriquez if she discussed the Keith Richards photo (which shows both Heard and Ms Henriquez) with her sister.

    Ms Henriquez says she did not.

    Ms Henriquez says Heard’s face “does not look swollen to me” in the photo.

    She says she does not remember Heard talking about this yesterday, and she might have “stepped out of the court”, adding, “I’m not glued to this case”.

    Ms Laws says the date of this photo was 23 March, which she says is the day after the alleged painting incident.

    15:12

    Here is the picture in question, showing lines of cocaine on a table and a blue tampon applicator.

    15:10

    ‘Johnny was fond of that trick’

    Ms Henriquez says the drugs and tampon applicator were all hers. She adds: “Johnny was fond of that trick”, referring to the use of the tampon applicator, which Ms Henriquez says she passed on to Depp.

    15:08

    ‘A set up’

    Ms Laws puts it to Ms Henriquez that this photograph is “a set up”.

    A skull and cross bone box which says “property of JD” can also be seen on the table.

    Ms Henriquez agrees, she can see the lines of cocaine and the box.

    15:07

    Tampon applicator and cocaine

    Ms Laws says Heard has “relied” on this photo to establish the bloodbath incident.

    The photo shows lines of cocaine, and what looks like a tampon applicator.

    Ms Henriquez agrees “It looks like a tampon applicator”.

    “What’s that for?” asks Ms Laws.

    “To get the cocaine in your nose”.

    “That’s what you use to snort cocaine isn’t it?”, Ms Laws adds.

    “When I did cocaine, yes” answers Ms Henriquez.

    15:04

    ‘Neither you nor your sister came clean about the photos’

    Ms Laws says: “For years you have had that photo of your sister on your phone with Keith Richards on the film set. And when you first gave your evidence… You just completely overlooked that evidence did you?”

    Ms Henriquez says she wasn’t looking at her photos, but at texts between her and Mr Holmes.

    Ms Laws suggest “neither you nor your sister came clean about those photos” because they had photos showing cocaine on the table (this was seen earlier in the court case when Depp was giving evidence) and that they wanted to link this incident to that.

    Ms Henriquez disagrees.

    The court is now looking at the photo.

    15:00

    Ms Henriquez says this is the first time she has seen this statement.

    Ms Laws says: “You have been at this court case every day… Are you asking us to believe you have only realised you got this date wrong when you entered the witness box at 2pm today?”

    Ms Henriquez says she only realised “very recently”.

    She says this was after going through texts between herself and Depp’s assistant Nathan Holmes.

    14:58

    We now go back to the day before this court case started, the 6 July.

    Heard gave a seventh statement on this date, and told the court she was changing the date she said the painting incident happened.

    Ms Henriquez says she was not aware of this, and “has not been across every stage of this”.

    Here is what Heard said in that statement: “While reviewing this material, I have been able to identify the dates of two incidents of violence that took place in March 2013. As I explained in my earlier statements, there were numerous incidents of violence in March 2013 which coincided with Johnny’s drug use.

    “I now realize that the incident I had initially described as having taken place on 8 March 2013 took place on 22 March 2013. There was a separate incident on 8 March 2013. The incident I describe involving the painting took place on 22 March 2013, which is apparent from the photographs now at Tab 148(f) (which show Johnny’s cocaine in my kitchen at my house on Orange) and was on one of the days Johnny was due to be filming a documentary with Keith Richards.”

    14:54

    ‘Accurate and truthful’

    Ms Laws says she “wouldn’t have wanted to get anything wrong” in the statement.

    Ms Henriquez agrees, adding: “I want to be as accurate and truthful as possible”.

    14:52

    ‘Disco bloodbath’

    Ms Laws is now honing in on the date that this incident is alleged to have happened on has changed.

    Earlier in her evidence this week, Heard said she now believed the incident happened later in March, and not 8 March as previously stated.

    Ms Laws is saying that the original date of the 8th was “adopted” because it was linked to a text between Depp and Heard that referred to a “disco bloodbath”, on 12 March. Heard said the text was talking about the incident four days later.

    Ms Henriquez says she “is unsure” how she came to the date of 8 March as the initial date for the incident.

    Ms Henriquez says she doesn’t accept that she was fabricating evidence with Heard.

    She says: “I would have relied on my own memory, and text messages etc. to get to that conclusion. “

    14:45

    ‘Clear face’

    Ms Henriquez says Depp sent the photo to her a few days after the event in a text message, and that’s why she has it.

    “Your sister has a clear face” Ms Laws says.

    Ms Henriquez answers: “She has make-up on, and it was taken on 21 March”.

    14:44

    Ms Laws is asking Ms Henriquez if she had seen the photo before, noting Heard has a “completely clear face” in the image.

    Ms Henriquez says she has seen the photo, and it’s “actually in my phone”.

    She says she doesn’t know when the photo was disclosed as evidence.

    14:43

    Ms Henriquez identifies several photos, which are described to us as showing Heard, Depp, Keith Richards and Ms Henriquez.

    We do not see the photos in the media courtroom, but this picture of the four of them has previously been shown during the trial.

    14:42

    Physical violence

    In her statement, Ms Henriquez says it was only after this incident that she “knew there was physical violence”.

    She writes: “It was only sometime after this, but before we travelled to London in September 2013, that I confronted her about a mark on her face. It was only after that that she started admitting to me that he had hit her when I would confront her about a mark or bruise I saw.”

    Ms Laws puts it to her that in describing this alleged incident, she has merged two separate incidents.

    Ms Henriquez disagrees.

    Ms Laws also says Ms Henriquez has previously said Heard hadn’t met Keith Richards by 20 March.

    14:37

    ‘Awful evil laugh’

    In her statement, Ms Henriquez describes the alleged moment Depp held Yorkshire Terrier Pistol out of a moving car window.

    It says: “We were in the car on the way there and he had the music blaring. I was in the front seat. I looked back, trying to hear what they were talking about over the music, and he was smoking with the window open.

    “I don’t remember what was said but he suddenly held Pistol – Amber’s dog – out the window. I remember freezing because he was so f***** up and if Pistol had wriggled, he would have dropped her and that would have been it.

    “I remember Amber was crying saying, ‘please baby, please let me have Pistol’.

    “Johnny was laughing this awful, evil laugh and was shouting and teasing her about dropping her dog out the window. Amber was pleading with him, and somehow managed to get the dog back.

    “Johnny was laughing and joked, ‘maybe we should put her in the microwave’.  It was really dark and messed up.”

    14:34

    She says she finally established that the argument was over a painting by Tasya van Ree.

    She says she could see it had been taken down, and the statement goes on: “I didn’t look at it closely at the time, but Amber told me a few days later he had tried to burn it and, when that failed, scratched out her signature to read ‘Tasya van Pee'”.

    Ms Henriquez says she was the one who finally persuaded Depp to leave the house to go and film a documentary with Rolling Stone Keith Richards.

    14:32

    ‘Split lip’

    We now move on to the painting incident, which in the statement is dated 8 March 2013.

    She says she received a phone call at work “to try to help deal with Johnny”.

    Her statement says when she arrived: “It was immediately apparent to me that Amber was upset and had been crying. Her face was swollen, but at that stage I didn’t know he had been physical with her.

    “I noticed one side of her face was super red and she had what looked like a split lip and I remember thinking to myself ‘that’s not from crying’. But there was so much going on – the task at hand was to calm Johnny down and de-escalate it to get him out of there, so it really wasn’t the right time to ask her and, if I had, it would have set him off further. I remember thinking I needed to ask her about that later.”

    14:25

    ‘Living in her shadow’

    Ms Laws asks if Ms Henriquez has spent her life “living in the shadow of Heard” – who is her elder sister.

    Ms Laws asks if Ms Henriquez is now part of Heard’s inner circle again.

    Ms Henriquez answers: “Yes, she’s my sister… She’s also one of my best friends.”

    Ms Laws talks about the time the sisters were estranged in 2015.

    Ms Henriquez agrees she was not in Heard’s inner circle or social circle at the time.

    14:23

    Ms Laws says “she was very angry that private photographs had got into the public domain”.

    Ms Henriquez says: “I think she was hurt. I don’t think she was angry.”

    Ms Henriquez was then asked to leave Depp’s apartment.

    14:21

    Wedding photos

    Ms Laws says Ms Henriquez sold photos to the press of Heard’s wedding.

    Ms Henriquez says it’s not true.

    Ms Laws says you fell out with your sister.

    Ms Henriquez agrees, saying: “I fell out with both of them”.

    Ms Laws says Heard believed Ms Henriquez had sold photos of the wedding.

    Ms Henriquez agrees, adding “at the time”.

    14:20

    Ms Henriquez says it’s “not correct” that neither she nor Heard were injured in the incident.

    Ms Laws asks what the references in her statement are to when she says Heard “started to tell her” in 2013 about assaults.

    Ms Laws says that is a lie.

    Ms Henriquez disagrees.

    A similar occurrence in 2014 is mentioned in Ms Henriquez’s statement, which mentions Heard beginning to tell her something of domestic violence.

    Ms Laws says Ms Henriquez wouldn’t have moved in next door to the apartment “if for one moment you thought what was going on in the next door apartment your sister was being hit by Mr Depp”.

    Ms Henriquez says she did know that and still moved in.

    Ms Laws asks if she paid rent, and Ms Henriquez says no.

    14:16

    The staircase incident

    Ms Laws puts it to Ms Henriquez that she lived at “close quarters” with the couple, and “never actually witnessed violence between them apart from the staircase incident”.

    Ms Henriquez agrees.

    Ms Laws says the only person injured in that was Depp, and that the only person displaying violence was Heard.

    Ms Henriquez that’s not true.

    She says Heard punched Depp in her defence.

    She says she saw the punch.

    14:14

    Depp’s lawyer, Ms Laws, starts the cross-examination.

    Ms Henriquez says she was living with Heard in the Eastern Columbia buildings when she first got together with Depp, and later she moved in with her partner.

    She says she moved in around 2014, and moved out after Heard had married Depp in February 2015.

    She says she then spent a lot more time back there after January 2016, but did have her own home.

    She says she would “occasionally” stay the night.

    14:11

    She says the second amendment is around the alleged damage to a Tasya van Ree painting.

    She says the damage was not the signature, but was to the back of the painting.

    The last amendment was about an entertainment publication which she said Depp believed she had “leaked” private information to. She says she originally believed to be People Magazine but now understands to have been E! News.

    14:09

    Three amendments to her statement

    Ms Henriquez is wearing a light green dress and has a darker cardigan on top.

    She says there are a few details she wishes to adjust in her statement.

    The first is around the painting incident, which was initially said to be on 8 March 2013.

    She says she now wishes to say that took place at a later date in March.

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