FAIRFAX, Va. (CN) — An op-ed written by actress Amber Heard created a "cancel situation” with disastrous career results for actor Johnny Depp, her ex-husband, according to a witness testifying in a defamation case brought by the "Pirates of the Caribbean" actor.
“It was devastating,” said Richard Marks, an entertainment lawyer called as an expert witness to testify in a Fairfax County, Virginia, courtroom. “It’s the type of MeToo claim that has canceled a list of actors.”
Marks testified Monday during a high-profile trial stemming from Depp’s claim that he was defamed by a 2018 editorial in The Washington Post in which Heard described herself as survivor of domestic abuse. The article’s focus was on supporting women who speak out about abuse and the piece never mentioned Depp by name. But Depp contends that it was clear the "Aquaman" actress was talking about him, as she referred to a period in which she was married to him. Days after the article was published, Depp lost the part for which he is most well-known – as Captain Jack Sparrow in the “Pirates of the Caribbean" franchise.
Marks said Hollywood will put up with divas and drugs but draws the line at domestic abuse. Under cross-examination by an attorney for Heard, he admitted that there have been critical articles about Depp in various publications.
Depp's attorneys spent much of the day focused on the impact of Heard's op-ed on his career. If the actor had been hired for a sixth "Pirates" film, he would have made $22.5 million, according to one of his agents, Jack Whigham. But the article did not just impact Depp's role in "Pirates."
"After the op-ed it was impossible to get him a studio film, which was what we normally would have been focused on," Whigham testified.
In other testimony Monday, a security guard recounted a raucous fight in which Heard allegedly hurled a can of Red Bull from one of the upper levels of a penthouse and Depp threw racks of Heard’s clothing and shoes from the top level.
Travis McGivern, one of Depp’s security guards, recounted a scene that unfolded at the couple’s penthouse residence in March 2015, shortly after returning from Australia, where Depp had been filming the fifth “Pirates" movie. Depp’s hand was still wrapped, the result of a separate incident in Australia in which his finger was severed.
The two had been arguing with regularity, McGivern said, with name calling and profanity figuring into their disputes.
“You name it, she [Heard] spewed it,” he said, testifying that Depp fired insults as well.
During one dispute, when Heard allegedly hit Depp with a can of Red Bull, McGivern moved closer to the couple.
“I didn’t want my client [Depp] getting hit with anything else,” he testified, saying a verbal onslaught continued from both actors. “The f-word is my favorite word, and it was thrown around to the point where I was uncomfortable.”
McGivern said Heard threw a purse or bag at Depp and “she spit at him.” For his part, Depp went to the top level of the loft and “rearranged” Heard’s closet, throwing down racks of clothing and shoes belonging to the actress, the guard testified.
As the dispute escalated, Heard left but returned with her sister.
“I felt it was time to get Mr. Depp out of the situation,” McGivern said, adding that he stepped between Heard and Depp. “Out of the corner of my eye I saw a fist and arm come across my right shoulder. I heard and saw closed fist contact Mr. Depp on the left side of his face.”
Afterward, Depp removed his glasses, revealing a black eye given to him by Heard, according to the security guard.
“He had a nice little shiner,” McGivern remembered.
On cross-examination, Benjamin Rottenborn, one of Heard’s attorneys, noted that Depp’s hand was wrapped at the time, possibly with a hard cast. The attorney asked if Depp was “reaching for Amber’s hair while he was trying to hit her with that cast.”
McGivern said that was not correct.
Testimony in the trial, which began April 11, continues on Tuesday. Heard is expected to take the stand later this week.
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