A judge has denied Amber Heard’s request for a mistrial in the defamation case that opposed her and Johnny Depp in Virginia.
Judge Penney Azcarate declined to toss the verdict on Wednesday 13 July. The judge was responding to several post-trial motions made by Ms Heard’s legal team.
In a memorandum filed on 8 July, Ms Heard’s attorneys had argued in favor of a mistrial based on the fact that one of the jurors was allegedly not the person who had been summoned for jury duty.
They argued that the situation violated Ms Heard’s due process as a defendant, and that she should therefore be granted a new trial.
Judge Azcarate declined this motion, as well as the others, in the most recent filing.
In their memorandum, Ms Heard’s lawyers wrote in part: “As the court no doubt agrees, it is deeply troubling for an individual not summoned for jury duty nonetheless to appear for jury duty and serve on a jury, especially in a case such as this. This was a high-profile case, where the fact and date of the jury trial were highly publicized prior to and after the issuance of the juror summonses.”
They went on to argue that “Ms Heard has a right to rely on the basic protection … that the jurors in this trial would be individuals who were actually summoned for jury duty”, that her due process was “compromised”, and that “a mistrial should be declared, and a new trial ordered.”
The judge cited several reasons for declining the request for a mistrial based on the alleged juror error. According to documents shared by Court TV legal correspondent Chanley Shá Painter, the judge said the court had reviewed the questionnaire filled by the juror in question and found that he had filled in “his proper birth date”.
The juror “was vetted by the court on the record and met the statutory requirements for service”, the judge found. “The parties also questioned the jury panel for a full day and informed the court that the jury panel was acceptable.”
The judge also found that an objection to a juror should have been raised sooner, and that no evidence was shown of a prejudice incurred as a result of the juror’s selection.
A jury of seven people reached a verdict in Depp v Heard on 1 June 2022. They overwhelmingly ruled in Mr Depp’s favor, having found that Ms Heard defamed him on three statements. Jurors also found that Mr Depp defamed her in one of three statements previously made by one of his lawyers, which were highlighted in Ms Heard’s countersuit. Mr Depp was awarded $10.35m in damages, while Ms Heard was awarded $2m in damages.
Ms Heard can still appeal the verdict if she chooses to do so.
