Last day of trial, on May 5, before the 10-day-break, Amber Heard made a declaration that has the public question if she had made a big mistake in her case. Images of Depp’s lawyer celebrating not that subtly when Heard mentioned Depp’s former partner Kate Moss, went viral suggesting that this is going to be crucial evidence in Depp’s defense. But why could this settle it all in his favor?
Amber Heard was asked by her lawyer to describe the first time she allegedly hit Johnny Depp. According to her story, in 2015 Heard and Depp were fighting at their penthouse. They were at the edge of the stairs when her sister Whitney put herself in the middle of the couple to stop Depp. Heard mentioned that Whitney’s “back was to the staircase, and Johnny swings at her. I don’t hesitate, I don’t wait; I just, in my head, instantly think of Kate Moss and stairs. And I swung at him.” Heard assured that in all the time they dated she hadn’t responded physically to him until she feared for her sister: “I, for the first time, hit him; like, actually hit him. Square in the face.”
This isn’t the first time Amber Heard mentions Kate Moss. In the 2020 libel trial that Depp started against the British newspaper The Sun, Heard told narrated the altercation involving her sister adding the rumor that Depp had pushed Kate Moss down the stairs, something that has never been acknowledged by the supermodel and that Depp has constantly denied. Still, Heard mentioned that two people close to them had told her about the alleged incident.
So, when Heard mentioned Kate Moss once again, we could all see lawyer Ben Chew celebrate and Depp smile. At the 2020 trial, Depp’s team denied the story and said it was a “total fabrication.” So, it seems that they were just waiting for Heard to bring it back again to use it as evidence against her credibility, which is what they are aiming at this trial.
Now, on social media, fans have suggested that since Heard mentioned Moss Depp’s team could not ask her to take the stand. However, that is unlikely. What is more probable is that they had already evidence that was excluded before and now that the incident has been brought up, they can ask to use that evidence. In legal terms, Heard basically ‘opened the door’ to excluded evidence. This means that now that the Heard has opened the door to the subject, the defending team can ask for the admission of previously inadmissible evidence at trial.
Johnny Depp and Kate Moss dated for almost four years between 1994 and 1998. Although their relationship was known for having terrible arguments, Moss has never accused Depp of abuse both verbally or physically, on the contrary, she’s often spoken highly about him.
Now, there won’t be any session this week as the court is on a break, but proceedings will resume on Monday, May 16. Both teams will surely review this last statement.