Mar. 2012
22 March 2012
However, the Claimant�s claim that the term was one solely deployed by Ms Heard is
contradicted by the fact that he himself used the term �the monster� even when
communicating with individuals who had nothing to do with Ms Heard. He used it in an
email he sent to Elton John on 22 March 2012 celebrating 100 days of sobriety, where he
said of his time as a substance abuser: �Hellish personal life, fucked brain, hurt heart and
would have been swallowed up by the monster were it
internal savagery against myself. |
not for you. That is a simple fact�. |n evidence the Claimant said of this email, �the monster
here is death� [1/134/9-24].
Mar. 2013
March 2013
It was put to Ms Heard (with reference to the texts at File 7, Tab 2(b)(ii), pages H23.4B-
H23.4D) that the defacing of the painting with the words �Tasya van Pee� occurred in
February 2014, not March 2013. However, Ms Heard explained that that text appended a
photo of a different painting to that which was defaced and burned in March 2013
[11/1828/10-23]. The photo which the Claimant set fire to was a painting featuring
text messages between Ms Henriquez and �Mr Hop� (the
flamingos contained in
Claimant) which can be found in File 7, Tab 2(b)(i){A)/H23.4A. This canvas painting was
March 2013
It was put to Ms Heard (with reference to the texts at File 7, Tab 2(b)(ii), pages H23.4B-
H23.4D) that the defacing of the painting with the words �Tasya van Pee� occurred in
February 2014, not March 2013. However, Ms Heard explained that that text appended a
photo of a different painting to that which was defaced and burned in March 2013
[11/1828/10-23]. The photo which the Claimant set fire to was a painting featuring
text messages between Ms Henriquez and �Mr Hop� (the
flamingos contained in
Claimant) which can be found in File 7, Tab 2(b)(i){A)/H23.4A. This canvas painting was
March 2013
Henriquez explained that this had been an �honest mistake� which arose as �I simply just
merged the two defacements, if you will, in one memory, that is all� [14/2281/5-6]. It was
put to her in cross-examination that she had invented her account of the painting incident,
changing the date only when she learned that a photograph had been disclosed taken on
21 March 2013 showing Ms Heard with Keith Richards, Ms Henriquez and the Claimant
apparently uninjured [File 9/94(a)/J10.1]. However, Ms Henriquez explained that she had
had that Keith Richards photo for a long time, since the Claimant had sent it to her years
beforehand and she had stored it on her phone [13/2133/15-2134/8]. It therefore cannot
have been the prompt for Ms Henriquez to change her evidence as to the date of the
March 2013
Ms Heard got the date of the incident wrong in her first statement for these
a text on 12 March 2013 [File
proceedings. The incident which was referred to
2/60/E44] as a �disco bloodbath� took place earlier that month, on & March 2013. It was
during that earlier incident, at the Eastern Columbia Building, that the Claimant had hit
a way which caused
Ms Heard with a backhand using a hand with rings on, near a fridge, in
blood to splatter on the wall [11/1798/4-11]. Ms Henriquez also mistakenly stated in her
statement that the incident occurred on 8 March, and could not recall why she put that
date in the statement [13/2137/5-7]. She realized she had got the date wrong when
recently reviewing texts between her and Nathan Holmes about McDonalds [14/2269/23-
Mr McLagan
8 March 2013
It is to be noted that nowhere did Ms Heard state in her evidence that the painting in
question was the �Tasya Van Pee� painting: the error was that of Ms Henriquez alone. It is
also to be noted that Ms Heard�s sixth witness statement, in which she said (at paragraph
9) that �During the course of reading through these materials, | have now realized | cannot
cannot say for certain it
be sure that the painting incident took place on 8 March 2013 ...
was on 8 March 2013� was served on the Claimant's solicitors on 5 July 2020 at 10:48 am.
This was before any disclosure by the Claimant of photographs with Keith Richards, or lan
McLagan, or flight records for Mr McLagan. The suggestion that Ms Heard has been
�forced to� change her evidence as to the date or nature of the painting incident as a
result of being confronted by disclosure from the Claimant {as was suggested at
8 March 2013
It is to be noted that nowhere did Ms Heard state in her evidence that the painting in
question was the �Tasya Van Pee� painting: the error was that of Ms Henriquez alone. It is
also to be noted that Ms Heard�s sixth witness statement, in which she said (at paragraph
9) that �During the course of reading through these materials, | have now realized | cannot
cannot say for certain it
be sure that the painting incident took place on 8 March 2013 ...
was on 8 March 2013� was served on the Claimant's solicitors on 5 July 2020 at 10:48 am.
This was before any disclosure by the Claimant of photographs with Keith Richards, or lan
McLagan, or flight records for Mr McLagan. The suggestion that Ms Heard has been
�forced to� change her evidence as to the date or nature of the painting incident as a
result of being confronted by disclosure from the Claimant {as was suggested at
12 March 2013
Ms Heard got the date of the incident wrong in her first statement for these
a text on 12 March 2013 [File
proceedings. The incident which was referred to
2/60/E44] as a �disco bloodbath� took place earlier that month, on & March 2013. It was
during that earlier incident, at the Eastern Columbia Building, that the Claimant had hit
a way which caused
Ms Heard with a backhand using a hand with rings on, near a fridge, in
blood to splatter on the wall [11/1798/4-11]. Ms Henriquez also mistakenly stated in her
statement that the incident occurred on 8 March, and could not recall why she put that
date in the statement [13/2137/5-7]. She realized she had got the date wrong when
recently reviewing texts between her and Nathan Holmes about McDonalds [14/2269/23-
Mr McLagan
20 March 2013
20 March 2013 to 23 March 2013 is appended at appendix 1 to these submissions.
20 March 2013
Wednesday 20 March 2013
21 March 2013
Late inthe
evening of
21 March
2013 or
early hours | During the course of the incident, the Claimant
of 22 March | attempted to set fire to this canvas painting�:
2013 (exact
time
unknown)
21 March 2013
�Additional pictures taken on the evening of 21
March 2013:
21 March 2013
Thursday 21 March 2013: Day 1 of 3 of filming �Happy� documentary
21 March 2013
Henriquez explained that this had been an �honest mistake� which arose as �I simply just
merged the two defacements, if you will, in one memory, that is all� [14/2281/5-6]. It was
put to her in cross-examination that she had invented her account of the painting incident,
changing the date only when she learned that a photograph had been disclosed taken on
21 March 2013 showing Ms Heard with Keith Richards, Ms Henriquez and the Claimant
apparently uninjured [File 9/94(a)/J10.1]. However, Ms Henriquez explained that she had
had that Keith Richards photo for a long time, since the Claimant had sent it to her years
beforehand and she had stored it on her phone [13/2133/15-2134/8]. It therefore cannot
have been the prompt for Ms Henriquez to change her evidence as to the date of the
22 March 2013
22 March 2013 �painting� incident
22 March 2013
Appended to these submissions are four appendices containing chronologies referencing
�painting�
the key contemporaneous documents for the following incidents: 22 March 2013
incident; Australia, March 2015; 15 December 2015; and 21 May 2016.
22 March 2013
Painting incident: 22 March 2013, Los Angeles
Defendants� chronology of relevant documentary evidence
22 March 2013
Friday 22 March 2013: Day 2 of 3 of filming �Happy� documentary
22 March 2013
Why send a text message to her mother on 22 March 2013 saying �It's ok mom.
He's not being violent with me�? [7/1(b)/H21A.2] � (see further below).
22 March 2013
Ms Heard texted her mother on 22 March 2013 stating of the Claimant �He�s nuts
| am heartbroken that THIS is who | love� [File
mom. Violent and crazy.
7/1(b)/H21A.2]. The following day Ms Heard texted her mother enclosing a photo
of the bruise to her arm sustained two weeks earlier as a result of the altercation
with the Claimant [File 7/1(b)/H22A.7}; [File 6/148/F894.001).
23 March 2013
20 March 2013 to 23 March 2013 is appended at appendix 1 to these submissions.
23 March 2013
Saturday 23 March 2013: Day 3 of 3 of filming �Happy� documentary
23 March 2013
also supported by texts from 22-23 March 2013 (see
chronology, appendix 1). The court is invited to read all the texts as set out in the
Apr. 2013
7 April 2013
Aphoto [File 9/86(e)/J48.14] of Ms Heard with Mr McLagan was also put to Ms Heard
as a basis for a suggestion that she was not injured in the photo, However this photo was
initially provided by the Claimant�s lawyers along with metadata featuring the date 7 April
2013 [File 9/86(e)/J48.16]. It was subsequently suggested that travel documents of Mr
McLagan somehow demonstrate the photo was taken on 23 March, but they do no such
thing. The photo could have been taken at any time, including (and indeed most likely) on
7 April � there is no evidence from Mr McLagan, or whoever is said to have taken the
photograph, as to when (or where) the photo was taken. Furthermore, regardless of when
the photo was taken, that photo did not demonstrate that Ms Heard had no injury on 23
March. There are signs of an injury, albeit covered with makeup, on the photo: Ms Heard
and Ms Henriquez both said that in this picture Ms Heard had a swollen lip [11/1818/2]
and Ms Henriquez also said �I see makeup and a split lip� [13/2153/2-13].
May 2013
May 2013
He was also unable to recall events which, for most people, would be memorable. He
could not recall an incident in May 2013 when he cut his hand seriously enough that he
thought he may require stitches. The incident was recorded in texts the Claimant sent to
Mr Deuters [2/218/19 � 2/220/10].
31 May 2013
painting
contained is in
text messages
between JD and
Whitney
Henriquez
dated 31 May
2013:
Jun. 2013
June 2013
Hicksville, late May/early June 2013
11 June 2013
14. As for alcohol, Mr Deuters confirmed that the Claimant drank quantities of alcoho! that
might make an average person drunk, especially red wine, but considered that the
Claimant�s tolerance for alcohol was very high [5/751/17-24]. He described the Claimant�s
consumption of alcohol as �quite impressive� [5/778/2-3]. He also confirmed he had seen
the Claimant �passed out� [5/774/3-7]. Another example of the Claimant�s heavy alcohol
use was provided by the email Ms Heard wrote to herself on 11 June 2013 recording that
she had the previous day seen the Claimant pass out amongst vomiting three times:
11 June 2013
Bettany on 11 June 2013:
11 June 2013
On 11 June 2013 Ms Heard set out in an email she sent herself [2/226/19 �
2/229/15]; [File 8/64/12-3] her concerns about the Claimant�s �ecky! and Hyde�
Jul. 2013
July 2013
July 2013:
matronliness as as lesbian camp counsellor was plenty...� [File 7/2(b)/H23.2]. This was
despite the fact that even the Claimant�s daughter considered Ms Heard a good influence
on him, and helped with his alcohol problem, as she explained in a text to him in February
2014 [2/283/18-2/284/22]. Moreover, despite having claimed in his witness statement
that Ms Heard did not support his sobriety and often encouraged him to take drugs and
drink alcohol, the Claimant accepted in cross-examination that Ms Heard was �adamant�
during their relationship that he should stop drinking and using recreational drugs
18 July 2013
The Claimant�s doctor, Dr Kipper, noted in May 2014 that the Claimant �has had a
long history of self-medicating behaviours involving multiple substances of abuse. These
include alcohol, opiates, benzodiazepines and stimulants", including "cocaine". Dr Kipper
also noted that the Claimant had a �Primary dopamine imbalance, ADHD, bipolar one,
depression, secondary to above, insomnia, chronic substance abuse disorder� [2/286/23-
2/286/25]. On 18 August 2014 Dr Kipper reported to the Claimant�s sister that the
Claimant �actually romanticizes the entire drug culture, and has no accountability for his
behaviours� [File 4/126/F745]. An example of the effect of such substance abuse on the
Claimant was provided by a photo of him from 18 July 2013 which showed the Claimant
ball [File 6/148/F894.005], seemingly after drinking or taking
passed out curled up in a
Oct. 2013
October 2013
of hers. [t was a weapon, and it was used constantly. She grabbed hold of the word and
held on, hell bent for leather, that it would stick� [2/267/19-25]. Similarly he said of Ms
Heard, �she did not like me using alcohol or drugs, because she had some delusional idea
that they turned me into, as you have spoken about, this said monster� [2/225/21-13]. In
October 2013 he said in a text to Paul Bettany, referring to cocaine, �She thinks that my
Peruvian period has made me a monster, and that | am ruining the relationship�
[2/262/24-2/263/10].
29 October 2013
There was a contest as to who was in control in the relationship. Ms Heard explained that
there were many ways in which he sought to control her � she gave an example of the
Claimant arranging for her to be driven around while her car was renovated [10/1567/24-
1568/3]. The court also heard evidence that the Claimant sought to intervene in her
career in unhelpful ways � Ms Sexton explained how she heard the Claimant talking about
Ms Heard�s career and was disparaging her choices (14/2250/11-22]. The Claimant was
shown a text message from him to Ms Heard on 29 October 2013 which read �Holy crack
whores!!! NO GODDAM MEETINGS!!! NO MOVIES!!! Why??? Why do you deviate from our
agreement??? What species of meeting??? Fuck it... Just tell me when you get home...�
but said he did not know the meaning or the context [2/262/11-20].
Feb. 2014
February 2014
It was put to Ms Heard (with reference to the texts at File 7, Tab 2(b)(ii), pages H23.4B-
H23.4D) that the defacing of the painting with the words �Tasya van Pee� occurred in
February 2014, not March 2013. However, Ms Heard explained that that text appended a
photo of a different painting to that which was defaced and burned in March 2013
[11/1828/10-23]. The photo which the Claimant set fire to was a painting featuring
text messages between Ms Henriquez and �Mr Hop� (the
flamingos contained in
Claimant) which can be found in File 7, Tab 2(b)(i){A)/H23.4A. This canvas painting was
February 2014
July 2013:
matronliness as as lesbian camp counsellor was plenty...� [File 7/2(b)/H23.2]. This was
despite the fact that even the Claimant�s daughter considered Ms Heard a good influence
on him, and helped with his alcohol problem, as she explained in a text to him in February
2014 [2/283/18-2/284/22]. Moreover, despite having claimed in his witness statement
that Ms Heard did not support his sobriety and often encouraged him to take drugs and
drink alcohol, the Claimant accepted in cross-examination that Ms Heard was �adamant�
during their relationship that he should stop drinking and using recreational drugs
11 February 2014
1 tt is not the Defendants� case that the Claimant attempted to set fire to the glass-framed �Tasya van Pee�
painting shown in text messages between JD and Whitney Henriquez dated 11 February 2014 at
[7/2(b){ii)/H23.4B-H23.4D],
May 2014
May 2014
The Claimant�s doctor, Dr Kipper, noted in May 2014 that the Claimant �has had a
long history of self-medicating behaviours involving multiple substances of abuse. These
include alcohol, opiates, benzodiazepines and stimulants", including "cocaine". Dr Kipper
also noted that the Claimant had a �Primary dopamine imbalance, ADHD, bipolar one,
depression, secondary to above, insomnia, chronic substance abuse disorder� [2/286/23-
2/286/25]. On 18 August 2014 Dr Kipper reported to the Claimant�s sister that the
Claimant �actually romanticizes the entire drug culture, and has no accountability for his
behaviours� [File 4/126/F745]. An example of the effect of such substance abuse on the
Claimant was provided by a photo of him from 18 July 2013 which showed the Claimant
ball [File 6/148/F894.005], seemingly after drinking or taking
passed out curled up in a
10 May 2014
Jeaiousy was also a trigger for the Claimant�s rage. Ms Heard confirmed in evidence that
it was the Claimant's jealousy that would inspire his drug and alcohol binges [10/1588/12-
22]. The Claimant conceded he could be jealous [2/192/4-5]. Ms Heard was obviously
anxious about his behavior when jealous, as she noted in an email to Kate James on 10
May 2014 [File 8/73/114] in which Ms Heard asked Ms James to ensure that the Claimant
was only provided with her �DOOD� (Day out of Days) film schedule that �doesn�t explain
what the scenes are in any way�, since �! don't want them to see a one line breakdown
that mentions anything romantic or anything that could [cause] Johnny to lose it, you
10 May 2014
Ms Heard emailed Kate James on 10 May 2014 [2/292/7-2/293/7] about how the
Claimant's jealousy causes him to �lose it�, i.e. lose his temper [File 8/73/114].
24 May 2014
Boston Plane Incident, 24 May 2014
24 May 2014
Similarly, in relation to the Boston flight incident on 24 May 2014 he conceded under
cross-examination that he was �incorrect� in his statement that �he had not taken cocaine
24 May 2014
Ms James confirmed she had had a very public dispute with Ms Heard, and had been
sacked by Ms Heard (witness statement paragraph 19, [File 2/56/D192], (7/1222/2-4].
Unprompted by any question in cross-examination she accused Ms Heard of sending her
a �barrage of drunken text messages between the hours of 2 and 4 in the morning...on an
almost daily basis� [7/1223/18-23]. When asked about a message Ms Heard sent her on
24 May 2014 she immediately sought to demean Ms Heard by referring to the fact that
Ms Heard had gone to a hotel despite having �her own apartment that was still being paid
for and maintained by Mr Depp� [7/1225/19-21] and �basically had a pool party all day...
drinking and swimming and sunbathing and having fun� [7/1226/2-5]. She also sought to
belittle Ms Heard by saying of her �she was probably the least known person | have ever
worked for in Hollywood, to be honest� [7/1233/16-16].
24 May 2014
Shortly after the Boston plane incident, on 24 May 2014, Ms Heard texted Kate
James saying, �I have to leave JD. He�s just freaked out on me. He�s drinking again.
It�s bad. Worse than ever. | need out� [File 7/3/H24]. The following day, Ms Heard
texted the Claimant's sister saying, �Yes, and | do hope he gets better this time. But
I can't keep staying and supporting him just to watch him do it all over again. He
has done this many times before. Tokyo, the island, London, remember that, many,
many times, and | always stay. Always believe he is going to get better, and every
three or so months | am in exactly the same position� [File 6/119/F697.29] and
sent a similar message to Mr Deuters [File 6/119/697.31].
24 May 2014
Further, he tailored his testimony when confronted with unfavourable evidence. In
relation to the 24 May 2014 Boston-LA flight recording, having initially said it may not
have been a recording of him at all, in re-examination he claimed to have recalled that in
fact it was of him but was recorded on an entirely different occasion, many months later
in the Bahamas. The new recollection was, however, false: the metadata shows it was
indeed recorded on that flight. The matter is dealt with in detail below.
24 May 2014
A text Ms Heard sent to Kate James on 24 May 2014 [2/302/22-2/202/9] in
which she says the Claimant �just freaked out on me. He is drinking again. It is
bad, worse than ever. | need out�.
25/05/2014
to
4/148(j)(iii)/F894.265-276]) to demonstrate how metadata could be faked [5/769/3-
25/770/2-13]. In fact, the metadata provided by the Defendants for this recording �
[File
03:11� �
showing an entry of �25/05/2014
4/148(j)(iv)/F894.277] was unimpeachable. No attempt was made to challenge the
metadata by way of expert evidence � which was unsurprising as the Claimant�s own
expert concluded that it was correct � and the metadata demonstrated that the recording
had been made on the Boston flight. The Claimant�s overnight �recollection� was
account,
25 May 2014
Ms Heard emailed herself on 25 May 2014 at 11:11 pm, just after the incident [File
8/71(b)/112.3] stating �The man ! love and want to marry called me an embarrassment
and a whore amongst other things in front of a plane full of people who did NOTHING
before kicking me, kicking me in the back and then mocked me for crying about it
immediately after�. It is difficult to see why she would do this if it were not true. See also
her draft letter to the Claimant dated 27 May 2014 at 09:27 at [File 8/73(a)/I15-15], �7
love you. You�re my Steve. But there is this man, this other part of you, a shadow that exists
in that hole in you... that you understandably try desperately to treat/ fill / fix... And that�s
27 May 2014
On 27 May 2014, Ms Heard texted the Claimant stating: �/ know you have a
sickness. | know you are suffering, Johnny, I'll do anything to be able to take that
away from you, if only | could. We have such a beautiful...that is killing us. And that
is what | am afraid of. Seeing such a beautiful thing as our love slaughtered right
in front of my eyes, and not being able to do anything about it. That is what, whol
am running from, that demon. Because despite how much | have tried to fight him
|am scared, Johnny, so scared, | watch as this thing
off, you, he has been winning.
steals my life out from under me. He steals my man from me and replaces him with
something terrifying and unrecognisable" [File 6/119/F697.33]. The Claimant
acknowledged in evidence that Ms Heard was here referring to �the monster�:
27 May 2014
Ms Heard emailed herself on 25 May 2014 at 11:11 pm, just after the incident [File
8/71(b)/112.3] stating �The man ! love and want to marry called me an embarrassment
and a whore amongst other things in front of a plane full of people who did NOTHING
before kicking me, kicking me in the back and then mocked me for crying about it
immediately after�. It is difficult to see why she would do this if it were not true. See also
her draft letter to the Claimant dated 27 May 2014 at 09:27 at [File 8/73(a)/I15-15], �7
love you. You�re my Steve. But there is this man, this other part of you, a shadow that exists
in that hole in you... that you understandably try desperately to treat/ fill / fix... And that�s
30 May 2014
The text the Claimant sent to Mr Bettany on 30 May 2014 referring to the plane
incident [File 6/119/F697.34]: �I'm gonna properly stop the booze thing,
this past
darling... Drank all night before ! picked Amber up to fly to LA,
Sunday... Ugly, mate... No food for days... Powders... Half a bottle of Whiskey,
a thousand red bull and vodkas, pills, 2 bottles of Champers on plane and what
a fuckin� blackout, screaming
do you get...??? An angry, aggro Injun in
obscenities and insulting any fuck who got near... I'm done.
fucked in the head to spray my rage at the one | love... For little reason, as well
I'm too old to be that guy... But, pills are fine!l!."
Aug. 2014
August 2014
where the recording was made. He said it was in the Bahamas in August 2014 [4/675/14-
August 2014
His memory of events was demonstrated to be wrong, or on other occasions incomplete.
This was no doubt in part because of the �blackouts� he explained that he had. He
accepted, in relation to the Bahamas island incident in August 2014:
August 2014
Bahamas, August 2014
7 August 2014
a message to Mr Deuters on 7 August 2014 said: �She [Ms Heard] has accused me of boozing!!! 1
17 August 2014
A text from Ms Heard on 17 August 2014 to the medical staff saying �Issue has
arisen again. He took the meds about 30 minutes ago, which seemed to be the
trend, as | reckon they have not kicked in yet. All of a sudden, he is flipping. He just
started screaming. He was so mad he pushed me and | asked him to get out. Don't
know what else to do. Sorry to keep at you guys.� [File 6/119/F697.38] Nurse
Debbie Lloyd then said, "Would you like us to come over?� "Yes". �Heading over."
18 August 2014
The Claimant�s doctor, Dr Kipper, noted in May 2014 that the Claimant �has had a
long history of self-medicating behaviours involving multiple substances of abuse. These
include alcohol, opiates, benzodiazepines and stimulants", including "cocaine". Dr Kipper
also noted that the Claimant had a �Primary dopamine imbalance, ADHD, bipolar one,
depression, secondary to above, insomnia, chronic substance abuse disorder� [2/286/23-
2/286/25]. On 18 August 2014 Dr Kipper reported to the Claimant�s sister that the
Claimant �actually romanticizes the entire drug culture, and has no accountability for his
behaviours� [File 4/126/F745]. An example of the effect of such substance abuse on the
Claimant was provided by a photo of him from 18 July 2013 which showed the Claimant
ball [File 6/148/F894.005], seemingly after drinking or taking
passed out curled up in a
19 August 2014
The Claimant accepted that Ms Heard was trying to help the Claimant with his
detoxification process during this trip [3/352/14-16] and would help him with his meds
[3/353/2-5]. He sent a text to Ms Heard�s mother on 19 August 2014 [File 6/119/ F697.40]
30 August 2014
Ms Heard noted the Claimant�s jealousy, and how it was a trigger for the Claimant, when
his notes [3/366/2-9], [File
she spoke to her therapist Dr Cowan, as recorded in
9/101(a)/K6] (according to the barely legible handwriting, made on 30 August 2014). "JD
is very threatened by career, particularly any kind of romantic scenes she has to do. Her
movie..." -- 1 do not know what the next letter is, JF, and 1am going to suggest that is James
Franco -- "precipitated a drinking binge that put JD in the hospital. Everyone around J
seems to be intimidated by his power and money. No one stands up to him".
Sep. 2014
22 September 2014
recorded by Nurse Debbie Lloyd on 22 September 2014 [File 4/137/F813]: �Upon arriving
at the home patient was sitting in kitchen with scraped and bloody knuckles on R {right]
hand. Patient stated he had punched white board in kitchen after fight."
Oct. 2014
October 2014
Ms Vargas said she had concluded that Ms Heard must have been responsible for the
faeces because of its size and the fact she believed the dogs did not go on the bed
Boo, had
{6/1053/18-22]. However Ms Heard explained that the Claimant�s dog,
previously lost control of its bowels in bed and she (Ms Heard) had cleaned it up � so there
was no reason why Ms Vargas would have known about this [11/1767/10-24]. The Court
heard evidence that Ms Heard considered that, as a result of Boo eating some cannabis
when she was a puppy, Boo had some sort of brain injury resulting in toilet training
problems. The Claimant confirmed that this was something Ms Heard would say
[2/259/18-260/13]. Mr Murphy confirmed that Boo had a number of difficulties with
toilet training [7/1193/3-6]. Ms Heard had recorded these difficulties in a text to him in
October 2014 [File 7/3(b)/H27.2-3].
4 October 2014
on 26 April 2015, shortly after arriving
Similarly he used the term in a message to Mr Judge
in Australia [File 6/119/F697.70] �Thank you, my dear Jerry!!! Very, very kind, mate!! We
have been perfect!!! All i had to do was send the monster away and lock him up!!! We've
been happier than EVER!!! Love you, brother� and to Dr Kipper on 28 June 2015: �.. Amber
and | have been absolutely perfect for 3 fuckin' months solidi!i! | have locked my monster
child away in a cage deep within and it has fuckin� worked!!!� [File 10/147(a)/O149]. See
also the text from the Claimant on 4 October 2014:
Jan. 2015
January 2015
Tokyo, January 2015
Feb. 2015
13 February 2015
Date/
Time
(local�)
13
February
2015
25
February
2015 to 3
March
2015
13 February 2015
Mr Holmes texted on 25 February 2015 apologizing for �borrowing� some of the
Claimant's cocaine. The Claimant had arrived in Australia around 13 February 2015
[4/137/F842] and confirmed that Mr Holmes was also in Australia at the time the
texts were sent [5/7832/9-24];
25 February 2015
Mr Holmes texted on 25 February 2015 apologizing for �borrowing� some of the
Claimant's cocaine. The Claimant had arrived in Australia around 13 February 2015
[4/137/F842] and confirmed that Mr Holmes was also in Australia at the time the
texts were sent [5/7832/9-24];
25 February 2015
Date/
Time
(local�)
13
February
2015
25
February
2015 to 3
March
2015
Mar. 2015
March 2015
Australia, February / March 2015
March 2015
Australia, February / March 2015
March 2015
Notes recorded as �3/7/15� but
likely should be dated 8"
March 2015
March 2015
Notes recorded as �3/8/15� but |
likely should be dated 9%
March 2015
March 2015
Appended to these submissions are four appendices containing chronologies referencing
�painting�
the key contemporaneous documents for the following incidents: 22 March 2013
incident; Australia, March 2015; 15 December 2015; and 21 May 2016.
March 2015
Australia chronology: 6" � 9th March 2015
Defendants� chronology of relevant documentary evidence
March 2015
| March 2015
March 2015
Moreover the evidence adduced by the Claimant that Ms Heard had such relationships
was very thin. Mr Romero said that Ms Heard was visited regularly at the Eastern
by Mr Musk (statement paragraph 7); however Mr Romero�s
Columbia Building
recollection of dates was extremely faulty � see below. As he said in cross-examination �/
cannot remember exactly the year, because it has been for a couple of years already�
[9/1398/2-3] and �I get, like you said, the years messed up� (9/1398/19-20]. On Mr
Romero�s account, he saw Mr Musk�s regular visits start in March 2015, a year before Ms
Heard even moved into the building. Mr Baruch confirmed he only saw Mr Musk in the
Eastern Columbia Building after 21 May 2016 [9/1384/4-7]. Ms Esparza�s evidence on Mr
Musk related to the period after the break up. She made a reference to Ms Heard having
marks on her after what was said to be a visit from Mr Musk in June/July 2016; but she
was now unable to recall where on Ms Heard�s body the alleged injuries were [5/891/9-
13]. This evidence was gratuitous and plainly adduced by the Claimant in an improper
attempt publicly to smear Mr Musk � reflecting his determination to seek vengeance
against Mr Musk, another of the Claimant�s objectives, as he explained that he had in his
text to Mr Carino in August 2016 [File 6/119/F687.194].
March 2015
Audio file: �F157. 20150308 213330 Australia audio file (Exhibit 9 of Amber Heard's
13:00
Dr Kipper notes File 4, Tab
Recorded as �3/7/15� but likely
should be dated 8" March 2015
March 2015
Audio file: �F157. 20150308 213330 Australia audio file (Exhibit 9 of Amber Heard's
13:00
Dr Kipper notes File 4, Tab
Recorded as �3/7/15� but likely
should be dated 8" March 2015
March 2015
Mr Romero was not a reliable witness. He said in his witness statement [2/47/D123]
that he first saw Ms Heard at the Eastern Columbia Building in about July 2015 (paragraph
6); and that he understands that Ms Heard was not resident at the building until March
2016 (paragraph 6). He said in evidence he was comfortable with his recollection of those
dates [9/1396/19-23]. However, those dates contradict what he said about having seen
Mr Musk�s visits to Ms Heard at the Eastern Columbia Building starting in March 2015.
2 March 2015
Mr Holmes texted on 2 March 2015 �there were 2G in that jar�, followed by �are
you out� � obvious references to grams of cocaine (despite the Claimant lamely
claiming in oral evidence that this could be a reference to money) [3/396/20-25];
3 March 2015
Date/
Time
(local�)
13
February
2015
25
February
2015 to 3
March
2015
6 March 2015
Ms Heard�s evidence was that the Claimant was in a very bad state of mind in Australia.
The Claimant did not deny this. The Claimant accepted that he was �unhappy with the
entire business of making films� [3/407/21-22] He explained in a text to Mr Deuters on 6
March 2015 �I held my ugliness and rage deeper down� [3/407/25]. He agreed in oral
evidence that he was in an �angry frame of mina� at the time of the trip [3/410/15-19,
3/411/5-8]. He acknowledged in evidence that his anger was in part caused by Ms Heard�s
disapproval of him [3/412/3-6].
6 March 2015
Friday 6 March 2015
6 March 2015
his income [5/738/7-8]. Mr Deuters explained his adoration of the Claimant in a text dated
6 March 2015 [File 6/119/F697.58].
7 March 2015
The Claimant�s text to Dr Kipper just after the incident, on 7 March 2015, [File
7/5(b)/H30.6] �! am so very sad. | cut the top of my finger off. What should | do,
except of course go to hospital. I'm so embarrassed for jumping into anything with
her�. This admission that the Claimant had cut his own finger off came in a text in
which he was referring to Ms Heard in insulting and demeaning language, so had
no reason not to accuse her of cutting the finger if that had been true.
7 March 2015
jealous [4/427/22-25]. The Claimant also graffitied a lampshade [3/428/16-23] � the
photo of this is at [File 9/87(h)(ii}/J1.4B]. Other damage is shown in the picture at [File
6/148B/ F894.053] (taken, according to the metadata, on 7 March 2015).
7 March 2015
Saturday 7 March 2015
8 March 2015
extraordinarily outside of...� [3/480/5-8]. In his text message to Dr Kipper on 8 March 2015 the
Claimant referred to Ms Heard as �a malicious, evil and vindictive cunt!111!
in
told her nol! She's a cunt!!!� [File 6/119/F697.36].
8 March 2015
Sunday 8 March 2015
8 MAR 2015
JD admitted to Emergency Department at Gold Coast University Hospital and seen by Dr_
Sawhney. Dr Grant�s discharge summary records that JD presented on �8 MAR 2015 at
16:20�. Notes record that �He will be followed up tomorrow by Dr Sawhney and surgical
options discussed.�
Gina Deuters texts Stephen Deuters:
Any word from camp Amber?
9 March 2015
This note is dated �3.8.15� but
Dr Kipper�s notes for AH
(below) state that AH attended
2 hour psychotherapy session
on 9 March 2015
9 March 2015
This note is dated �3.8.15� but
Dr Kipper�s notes for AH
(below) state that AH attended
2 hour psychotherapy session
on 9 March 2015
23 March 2015
The photos sent by Ms Henriquez to Mr Murphy on 23 March 2015 of the
[File
23 March 2015
23 March 2015: staircase incident
Apr. 2015
26 April 2015
on 26 April 2015, shortly after arriving
Similarly he used the term in a message to Mr Judge
in Australia [File 6/119/F697.70] �Thank you, my dear Jerry!!! Very, very kind, mate!! We
have been perfect!!! All i had to do was send the monster away and lock him up!!! We've
been happier than EVER!!! Love you, brother� and to Dr Kipper on 28 June 2015: �.. Amber
and | have been absolutely perfect for 3 fuckin' months solidi!i! | have locked my monster
child away in a cage deep within and it has fuckin� worked!!!� [File 10/147(a)/O149]. See
also the text from the Claimant on 4 October 2014:
May 2015
4 May 2015
References to the Claimant having sustained a �crush injury� in the email from
Michael Kalamaras dated 4 May 2015 [File 4/136/F764.1] and from David Kulber
dated 27 June 2015 [4/136(b)/F764.3].
Jun. 2015
3/6/2015
3/6/2015 5:13:36 AM(UTC+0) |
3/6/2015
3/6/2015 4:22:24 AM(UTC+0)
3/6/2015
3/6/2015 4:22:24 AM(UTC+0)
3/6/2015
3/6/2015 3:22:31 AM(UTC+0)
3/6/2015
3/6/2015 4:22:24 AM(UTC+0)
27 June 2015
References to the Claimant having sustained a �crush injury� in the email from
Michael Kalamaras dated 4 May 2015 [File 4/136/F764.1] and from David Kulber
dated 27 June 2015 [4/136(b)/F764.3].
28 June 2015
on 26 April 2015, shortly after arriving
Similarly he used the term in a message to Mr Judge
in Australia [File 6/119/F697.70] �Thank you, my dear Jerry!!! Very, very kind, mate!! We
have been perfect!!! All i had to do was send the monster away and lock him up!!! We've
been happier than EVER!!! Love you, brother� and to Dr Kipper on 28 June 2015: �.. Amber
and | have been absolutely perfect for 3 fuckin' months solidi!i! | have locked my monster
child away in a cage deep within and it has fuckin� worked!!!� [File 10/147(a)/O149]. See
also the text from the Claimant on 4 October 2014:
Jul. 2015
July 2015
July 2015: South East Asia train
July 2015
Mr Romero was not a reliable witness. He said in his witness statement [2/47/D123]
that he first saw Ms Heard at the Eastern Columbia Building in about July 2015 (paragraph
6); and that he understands that Ms Heard was not resident at the building until March
2016 (paragraph 6). He said in evidence he was comfortable with his recollection of those
dates [9/1396/19-23]. However, those dates contradict what he said about having seen
Mr Musk�s visits to Ms Heard at the Eastern Columbia Building starting in March 2015.
3/7/2015
Timestamp: 3/7/2015
10:55:24 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
10:55:24 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
10:55:24 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
3:24:48 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
3:24:48 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
10:55:24 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
3:24:48 AM(UTC-8)
3/7/2015
3/7/2015 5:12:52 AM(UTC+0)
3/7/2015
Timestamp: 3/7/2015
3:24:48 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
3:24:48 AM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
10:55:24 AM(UTC-8)
3/7/15
Notes recorded as �3/7/15� but
likely should be dated 8"
March 2015
3/7/15
Notes recorded as �3/7/15� but
likely should be dated 8"
3/7/2015
3/7/2015 5:12:52 AM(UTC+0)
3/7/2015
Timestamp: 3/7/2015
5:05:43 PM(UTC-8)
3/7/2015
Timestamp: 3/7/2015
5:05:43 PM(UTC-8)
3/7/15
3/7/15: Ct notifies RN via text of increasing anxiety. Reports emotional lability.
RN encourages client to use distraction and coping skills taught in past, Ct reports
self-admin additional Seroquel 12.5mg at 0430 due to insomnia. Ct able to sleep
again at 0500 until 0930. RN encourages ct to remain in contact to assist in
decreasing anxiety and increase emotional stabilizaton.
3/7/15
Audio file: �F157. 20150308 213330 Australia audio file (Exhibit 9 of Amber Heard's
13:00
Dr Kipper notes File 4, Tab
Recorded as �3/7/15� but likely
should be dated 8" March 2015
3/7/15
Audio file: �F157. 20150308 213330 Australia audio file (Exhibit 9 of Amber Heard's
13:00
Dr Kipper notes File 4, Tab
Recorded as �3/7/15� but likely
should be dated 8" March 2015
3/7/2015
Timestamp: 3/7/2015
5:05:43 PM(UTC-8)
3/7/2015
3/7/2015 5:12:52 AM(UTC+0)
3/7/2015
Timestamp: 3/7/2015
3:24:48 AM(UTC-8)
Aug. 2015
3/8/2015
3/8/2015 12:41:14 PM(UTC+0)
3/8/15
Notes recorded as �3/8/15� but |
likely should be dated 9%
March 2015
3/8/2015
3/8/2015 12:41:14 PM(UTC+0)
3/8/2015
3/8/2015 12:41:14 PM(UTC+0)
3/8/2015
3/8/2015 7:02:27 PM(UTC+0)
3/8/2015
3/8/2015 7:25:52 AM(UTC+0)
3.8.15
This note is dated �3.8.15� but
Dr Kipper�s notes for AH
(below) state that AH attended
2 hour psychotherapy session
on 9 March 2015
3.8.15
This note is dated �3.8.15� but
Dr Kipper�s notes for AH
(below) state that AH attended
2 hour psychotherapy session
on 9 March 2015
3/8/2015
3/8/2015 2:15:52 PM(UTC+0)
3/8/15
Notes recorded as �3/8/15� but |
likely should be dated 9%
March 2015
3/8/2015
3/8/2015 12:41:14 PM(UTC+0)
3/8/2015
3/8/2015 2:08:10 AM(UTC+0)
3/8/2015
3/8/2015 2:08:10 AM(UTC+0)
3/8/15
3/8/15: RN received report from Debbie, RN. Client will be returning to Los
Angeles on 3/9/15 accompanied by house manager Ben. RN plans to meet client
upon arrival. Ct is in touch with RN via text throughout day expressing feelings of
moderate to severe anxiety. Ct compliant with medication including Xanax 0.5mg
now dose at 2015 (PST) with Prompting from RN. Deep breathing and relaxation
techniques reviewed with ct. Ct states medication and breathing effective in
reducing anxiety.
3/8/2015
3/8/2015 2:08:10 AM(UTC+0)
3/8/2015
3/8/2015 1:37:32 AM(UTC+0)
3/8/2015
3/8/2015 2:08:10 AM(UTC+0)
3/8/2015
3/8/2015 1:37:32 AM(UTC+0)
Sep. 2015
September 2015
80. In any event, the conversations � which are long � contain much that supports the
Defendants� case. In one such conversation from September 2015 (�Argument 2�) the
Claimant made observations showing that he recognized that he had been violent towards
September 2015
Ina recorded conversation in September 2015 (�Argument 2�) the Claimant said,
our
3/9/2015
3/9/2015 12:35:48 PM(UTC+0)
3/9/2015
3/9/2015 12:35:48 PM(UTC+0)
3/9/2015
3/9/2015 12:45:58 PM(UTC+0)
3/9/15
3/9/15: RN and ct in touch via text and phone calls after ct arrived at 1500. Ct
expressed feeling �sad.� Ct attended two hour psychotherapy session, Reports
feeling �a little more sorted out" after session. RN met ctand her friends for dinner
at 2200. Ct appears in good spirits; laughing, socializing. Appetite normal. Ct states
she would like to discuss recent events between her and husband with RN in private
tomorrow. Plans are made for RN to visit ct at her home tomorrow. Cthas been
compliant with medication throughout day with prompting. RN encouraged ct to
notify her of any needs throughout night.
3/9/15
3/8/15: RN received report from Debbie, RN. Client will be returning to Los
Angeles on 3/9/15 accompanied by house manager Ben. RN plans to meet client
upon arrival. Ct is in touch with RN via text throughout day expressing feelings of
moderate to severe anxiety. Ct compliant with medication including Xanax 0.5mg
now dose at 2015 (PST) with Prompting from RN. Deep breathing and relaxation
techniques reviewed with ct. Ct states medication and breathing effective in
reducing anxiety.
Oct. 2015
13 October 2015
Mr Murphy was an unreliable witness. He deliberately and misleadingly chose to omit
from his first statement in these proceedings the fact he had made a statement in the
Australian proceedings regarding the importation of the dogs on 13 October 2015 which
directly contradicted his statement in these proceedings. In that earlier statement he said
that neither Ms Heard nor Mr Depp had deliberately sought to avoid complying with
Australian animal importation requirements. He made a second statement in these
proceedings disclosing the fact he had made a statement in Australia only once the
the Australian
13 October 2015
Ms Heard explained that the process regarding compiling the correct paperwork for the
dogs had been going on for months and was confusing [12/1889/17-20]. Moreover it was
not Ms Heard�s decision to bring the dogs: �I did not call any of the shots. This is Johnny's
plane, this is Johnny's staff, Johnny's crew for Johnny's travel� [12/1891/3-4]; and the
Claimant was equally culpable, having filled in the same paperwork incorrectly, but she
had to take the charges so that his filming plans were not compromised by a conviction in
his
Australia [12/1891/13-16]. Mr Murphy confirmed the Claimant�s involvement in
statement in the Australia proceedings dated 13 October 2015 [File 5.1/201(a)/F1303.1].
The Claimant himself made clear his personal culpability in his interview on television
[media file F194a] and joined Ms Heard in a joint televised apology [media file F151a].
Nov. 2015
November 2015
Thanksgiving dinner November 2015
Dec. 2015
December 2015
Bahamas, late December 2015
December 2015
Ms Heard falsely telling Nurse Boerum of injuries in December 2015, and showing
her fake injuries for Nurse Boerum to record, and giving a similarly false account
of the Claimant�s behaviour to Dr Connell Cowan;
December 2015
December 2015 incident
December 2015
it was put to Ms Heard that she had �changed the colouration� on the photos. She
denied this [10/1677/14-16]. She explained that she did not know how to do this
[12/1914/18-25]. As with the December 2015 photos, the court cannot, in the absence of
expert evidence, find the photos to have been manipulated.
15 December 2015
Tara Roberts gave evidence about this incident in support of the Claimant. However
she accepted that she had not seen the beginning of the argument [6/968/16-18]. She
said that the Claimant had a red, swelling gash on the bridge of his nose, and that the
Claimant had told her that this had been caused by Ms Heard throwing the can of paint
into his face. There are no photographs of this alleged injury; and Ms Roberts confirmed
that the Claimants had never suggested that any photographs of it should be taken
[6/969/12-21]. Ms Roberts� oral evidence was that Ms Heard on that holiday was free
from injury. Photographs of the Ms Heard show the remainder of the injuries sustained
on 15 December 2015, including the injury to her lip: [6/148(h)/F894.273].
15 December 2015
The Claimant was not a reliable witness. He conceded that he had never read his whole
witness statement. When challenged about the head butting on the 15 December 2015,
and asked why his new account that he had head butted Ms Heard � albeit �accidentally�
� was missing from the statement, the Claimant confirmed that he had not read the
entirety of his witness statement before signing it. He said:
15 December 2015
Appended to these submissions are four appendices containing chronologies referencing
�painting�
the key contemporaneous documents for the following incidents: 22 March 2013
incident; Australia, March 2015; 15 December 2015; and 21 May 2016.
15 December 2015
In cross-examination he conceded that he had head butted Ms Heard on 15
December 2015, albeit accidentally, something he had until that point always
denied. This is dealt with in detail below.
15 December 2015
Tuesday 15 December 2015
16 December 2015
Wednesday 16 December 2015
16 December 2015
The text Ms Heard sent to Mr Tillet Wright on 16 December 2015 [File 7/17/H104]
saying �I need you, J beat me pretty good, Rock is on the couch with me now, when
are you back, I'm hurt, | don 't know what to do."
16 December 2015
Messages from Ms Heard to Dr Cowan on 15 and 16 December 2015 [File 7/10(b)/
H39] and [File 7/13(a)/H81.1] saying �Emergency can you please call me?� and:
16 December 2015
Ms Heard�s account is corroborated by photographs taken on 16 December 2015 of
cut lip [File 6/148(c)/F894.112]. The
injuries to Ms Heard�s face, namely bruising and a
Claimant speculated that the cut lip may have been acold sore [3/503/3-5] and it was put
to Ms Heard that she had simply bitten her lip, but Ms Heard firmly rejected these
suggestions. There were also photos of clumps of hair and scalp which the metadata
shows were taken on that occasion [File 6/148(c)/F894.122A]. Ms Heard denied having
sought to photoshop or distort the images [13/2086/9-21]. She also denied having used
makeup or other means to make it look like she was injured [13/2086/22-24].
16 December 2015
The medical notes of 16 December 2015 [File 4/139/F880] show that Ms Heard
described to the nurse the argument she had had with the Claimant: �Client states
disagreement escalated and states husband, JD, used his forehead to hit her head. Client
denies loss of consciousness. States she has a headache and a bruised eye�. The Claimant�s
explanation for what Ms Heard told the nurse � that Ms Heard �can never be wrong� and
�is not going to reveal the truth� to the nurse [3/505/10-14] � is no explanation at all.
Neither is the Claimant's attribution of what Ms Heard told the nurse to the � dossier hoax�
16 December 2015
Photographs of the kitchen of the couple�s apartment taken on the morning of 16
December 2015 [File 6/148(c)/F894.095] showed the slogan �why be a fraud? All is such
bullshit...� defaced onto the work surface. The Claimant accepted he carried out this
defacing but nevertheless claimed not to have been under the influence of alcohol or
drugs. Another photograph showed a reading light and other items strewn on the floor of
the bedroom, and damage to the bed [File 6/148(c)/F894.097-101A].
16 December 2015
The text Raquel Pennington sent to Carly Kuhn and Ms Heard on 16 December
2015 [File 7/16/H103] stating �Hey girl, so sorry Amber had a shit day yesterday
and we were doing some emotional damage control. lll call you later�, confirming
�shit day� and as a
Ms Heard had reported to Ms Pennington that she had had a
result in the view of Ms Pennington required �emotional damage control�.
17 December 2015
Thursday 17 December 2015
17 December 2015
d. Why visit Dr Kipper�s office on 17 December 2015 to seek medical assistance for
the injuries sustained during the incident on 15 December only to conceal the true
cause of her injuries and instead say to nurse Monroe Tinker that the cause of her
headache was that she �bumped her head while standing up 2 days ago�?�
17 December 2015
17 December 2015. His notes record an
He stated that �Some spark ignited an argument that
�qltercation with JD�.
escalated and got violent. Shoving and screaming. Amber related that he started
the physicality � pushed her down. Amber got back up. Hard for her to de-escalate
to try and fight back (not
a fight. Her strategy (despite our conversations) is
protective of self and very self-defeating� [File 9/133/K277].
18 December 2015
Friday 18 December 2015
20 December 2015
Sunday 20 December 2015
22 December 2015
Tuesday 22 December 2015
31 December 2015
15 - 31 December 2015
Defendants� chronology of relevant documentary evidence
31 December 2015
Thursday 31 December 2015
Feb. 2016
February 2016
The Claimant�s capacity for violence was vividly demonstrated by a film clip shown to the
court several times [File 5/158/F988]; [media file �F158. Clip entitled 'Video of JD
Speaking to AD JD�]. This was taken by Ms Heard in around February 2016 and showed
a violent rage, smashing glass, slamming cupboard doors and very
the Claimant in
aggressively approaching Ms Heard and grabbing the phone when he realised he was
being recorded [1/98/4-1/98/10]. The Claimant explained he was �upset� on this occasion
[1/98/22-24]. Although the Claimant did not admit to being under the influence of drugs,
or drunk, when it was filmed, he was depicted drinking from a large glass of red wine from
a bottle which was already partially empty, and when it was suggested that he was drunk
was
he replied �i may have been. | do not recall. The chances are very good that | was, if |
upset� [1/101/14-21]. The Claimant accepted it would have been very intimidating for Ms
Heard to see him in the state that he was in [1/101/4]. He also accepted that this was not
11 February 2016
b. Why refrain from making any allegation that the Claimant had been violent when
emailing Mr Tillet Wright, a close friend and confidante, on 11 February 2016?
[7/22(a)/H134.1]
Mar. 2016
March 2016
Mr Romero was not a reliable witness. He said in his witness statement [2/47/D123]
that he first saw Ms Heard at the Eastern Columbia Building in about July 2015 (paragraph
6); and that he understands that Ms Heard was not resident at the building until March
2016 (paragraph 6). He said in evidence he was comfortable with his recollection of those
dates [9/1396/19-23]. However, those dates contradict what he said about having seen
Mr Musk�s visits to Ms Heard at the Eastern Columbia Building starting in March 2015.
Apr. 2016
April 2016
86. Several witnesses also gave evidence that Ms Heard had told them of the violence at the
is alleged to have occurred � Ms Henriquez (statement paragraphs 17-18, 31, 6,
time it
49, 52-3, 54-56, 65-6, 71, 75, 79); Mr Tillet Wright (statement paragraphs 16-18, 30, 34,
39, 55); Ms Sexton (statement paragraphs 31, 41, 45, 60, 62). Ms Sexton explained that
Ms Heard told her of the violence the Claimant had perpetrated on her around the time
of the April 2016 birthday party, (ie. before the DVRO application) [14/2248/13-16],
although she suspected the Claimant had been violent towards her before that because
of Ms Heard�s behaviour and had therefore asked Ms Heard whether she felt safe
[4/2249/2-12]. in his text to Ms Heard on 22 May 2016, �Rocketman� said: �I�m just glad
you�re ok. You talked about J being violent in the past and still having keys to the
| thought something might have happened.� Even a number of the
apartment, so
Claimant's witnesses accepted that Ms Heard had complained of violence by the Claimant
at various points throughout the relationship (for example Samantha McMillen and Kevin
21 April 2016
Mr Bett claimed he saw the Claimant with injuries on 21 April 2016. However, Mr Bett
was an unreliable witness. He admitted to being untruthful in his statement where he
described taking a photo of the Claimant's injuries on 21 April 2016. He explained that he
had been sent that photo by Adam Waldman. Mr Waldman asked if Mr Bett recollected
the photo. Mr Bett claimed that �presumably� he thought the photo was one he had
21 April 2016
Mr Bett claimed he saw the Claimant with injuries on 21 April 2016. However, Mr Bett
was an unreliable witness. He admitted to being untruthful in his statement where he
described taking a photo of the Claimant's injuries on 21 April 2016. He explained that he
had been sent that photo by Adam Waldman. Mr Waldman asked if Mr Bett recollected
the photo. Mr Bett claimed that �presumably� he thought the photo was one he had
21 April 2016
Birthday party, 21 April 2016
21 April 2016
55. Mr Bett explained to the court that Mr Waldman gave him a photograph of the Claimant,
supposedly injured, so that Mr Bett could append it to his witness statement for these
proceedings and claim that it had been taken by Mr Bett. At Mr Waldman�s request Mr
Bett then exhibited the photo to his statement and claimed it was a photo that he had
himself taken on 21 April 2016 [8/1269/14-22]. This was untrue, as both Mr Bett and Mr
22 April 2016
Faeces were on 22 April 2016 found in the bed Ms Heard slept in. The court is not
required to reach a conclusion as to how the faeces reached the bed. Ms Heard�s response
to the suggestion she had done it was convincing: she would never have done such a thing
since it was �her bed�, which only she slept in at that time, she could not imagine what
sort of person could think of this as a prank, or as funny (except, possibly, the Claimant)
May 2016
May 2016
lot of strain on 21 May 2016. His mother had
just died, his relationship with Ms Heard was ending, he was in bad financial straits and
his business managers and lawyers had conspired to steal money from him [4/547/17-
23]. It is apparent from the CCTV footage in the lift from 20:29 [media file �01. Video 63
at
� AH_TPD_00017252.avi�] that the Claimant was angry when he got into the lift
penthouse level to return back downstairs. He is seen clenching his fists and pacing back
and forth in an agitated and aggressive manner. The Claimant confirmed in evidence he
was �very upset� [4/566/12-13]. Later that evening he sent Ms Heard an angry text
May 2016
58. The tactics deployed by the Claimant to achieve these objectives have been highly
effective. Mr Tillet Wright explained how difficult it rapidly became after May 2016 for
anyone who wanied to try and support Ms Heard publicly:
May 2016
The first of the May 2016 photos was taken at 20:23 when the Claimant was still in the
building. This was less than 8 minutes after the end of the telephone call with Mr Tillet
Wright (which ended at 20:15:22 � see the chronology at appendix 4), while Mr Tillet
Wright was on the phone with the New York Police Department, and shortly before the
21 May 2016
The witnesses who claim to have seen Ms Heard without injuries after 21 May 2016
21 May 2016
Saturday 21 May 2016, Los Angeles (�LA�)
21 May 2016
Moreover the evidence adduced by the Claimant that Ms Heard had such relationships
was very thin. Mr Romero said that Ms Heard was visited regularly at the Eastern
by Mr Musk (statement paragraph 7); however Mr Romero�s
Columbia Building
recollection of dates was extremely faulty � see below. As he said in cross-examination �/
cannot remember exactly the year, because it has been for a couple of years already�
[9/1398/2-3] and �I get, like you said, the years messed up� (9/1398/19-20]. On Mr
Romero�s account, he saw Mr Musk�s regular visits start in March 2015, a year before Ms
Heard even moved into the building. Mr Baruch confirmed he only saw Mr Musk in the
Eastern Columbia Building after 21 May 2016 [9/1384/4-7]. Ms Esparza�s evidence on Mr
Musk related to the period after the break up. She made a reference to Ms Heard having
marks on her after what was said to be a visit from Mr Musk in June/July 2016; but she
was now unable to recall where on Ms Heard�s body the alleged injuries were [5/891/9-
13]. This evidence was gratuitous and plainly adduced by the Claimant in an improper
attempt publicly to smear Mr Musk � reflecting his determination to seek vengeance
against Mr Musk, another of the Claimant�s objectives, as he explained that he had in his
text to Mr Carino in August 2016 [File 6/119/F687.194].
21 May 2016
Appended to these submissions are four appendices containing chronologies referencing
�painting�
the key contemporaneous documents for the following incidents: 22 March 2013
incident; Australia, March 2015; 15 December 2015; and 21 May 2016.
21 May 2016
For example, if, as the Claimant suggested, calling 911 on 21 May 2016 was �a
choreographed hoax for sure� [4/559/13-15], why did Ms Heard not tell either of
the two sets of police officers who then attended that she had been attacked?
21 May 2016
It is also unclear why others would have agreed to join in this conspiracy. It was put to Mr
Drew that he was part of a conspiracy to give a false account of events on 21 May 2016.
No motive was suggested in cross-examination as to why he should do this [12/1962/18-
a fanciful proposition, not least since he was not a witness who was seeking to
22]. tt is
paint a flattering picture of Ms Heard � he confirmed she had used mushrooms and
ecstasy, and said he had heard that she had taken cocaine (but had not witnessed this)
21 May 2016
21 May 2016
21 May 2016
lot of strain on 21 May 2016. His mother had
just died, his relationship with Ms Heard was ending, he was in bad financial straits and
his business managers and lawyers had conspired to steal money from him [4/547/17-
23]. It is apparent from the CCTV footage in the lift from 20:29 [media file �01. Video 63
at
� AH_TPD_00017252.avi�] that the Claimant was angry when he got into the lift
penthouse level to return back downstairs. He is seen clenching his fists and pacing back
and forth in an agitated and aggressive manner. The Claimant confirmed in evidence he
was �very upset� [4/566/12-13]. Later that evening he sent Ms Heard an angry text
22 May 2016
Ms de Cadenet texted Ms Heard on 22 May 2016, the day of Ms de Cadenet�s birthday
party, stating "Sleeping sounds like the best thing right now. Put some arnica on your face.
Make sure you have photos of the injuries, please, and text them to me or Rocky so there
a record. Sweetheart, | have been where you are and it's excruciatingly painful, but pain
is
is the cornerstone of growth and you have an incredible opportunity right now to change
your life." [File 7/ tab 30/H146]. It is difficult to imagine why Ms de Cadenet would have
said this if Ms Heard was uninjured, and this demonstrates that Ms Heard had told Ms de
Cadanet about how the Claimant had been violent towards her.
22 May 2016
21 �22 May 2016
Defendants� chronology of relevant documentary evidence
22 May 2016
86. Several witnesses also gave evidence that Ms Heard had told them of the violence at the
is alleged to have occurred � Ms Henriquez (statement paragraphs 17-18, 31, 6,
time it
49, 52-3, 54-56, 65-6, 71, 75, 79); Mr Tillet Wright (statement paragraphs 16-18, 30, 34,
39, 55); Ms Sexton (statement paragraphs 31, 41, 45, 60, 62). Ms Sexton explained that
Ms Heard told her of the violence the Claimant had perpetrated on her around the time
of the April 2016 birthday party, (ie. before the DVRO application) [14/2248/13-16],
although she suspected the Claimant had been violent towards her before that because
of Ms Heard�s behaviour and had therefore asked Ms Heard whether she felt safe
[4/2249/2-12]. in his text to Ms Heard on 22 May 2016, �Rocketman� said: �I�m just glad
you�re ok. You talked about J being violent in the past and still having keys to the
| thought something might have happened.� Even a number of the
apartment, so
Claimant's witnesses accepted that Ms Heard had complained of violence by the Claimant
at various points throughout the relationship (for example Samantha McMillen and Kevin
22 May 2016
You at Sweetzer?
Text from Sean Bett to Kevin Murphy:
J calling u on my phone
According to iO Tillet Wright�s contemporaneous email (email
from iO Tillet Wright to AH on 22 May 2016 at 7:55am, Subject:
�What happened�):
�At 8pm PST Amber texted me and asked me to call her.�
22 May 2016
Sunday 22 May 2016, LA
24 May 2016
It was suggested to Ms Heard that she would not have met up with the Claimant in
San Francisco on 22 July 2016 had she genuinely been afraid of him. However her
explanation for the San Francisco meeting was credible: she had been in a relationship
with him and married to him only very recently [10/1639/12-14]. Both she and the
Claimant wanted to meet in the presence of Mr Carino [13/2103/19-24]. Ms Heard also
confirmed that she had sought to communicate with the Claimant on 24 May 2016 by
phone to discuss keeping the divorce under wraps for at least a few days �in the hardest
times of my life�. She said, convincingly, that this in no way meant she was not scared of
him [11/1732/10-24, 1733 13-14].
27 May 2016
Ms Esparza said she was asked on 27 May 2016 to retrieve security footage which in
her witness statement she claimed showed Ms Henriquez throwing a �fake punch� in the
direction of Ms Heard [File 2/43/D98]. The alleged footage was never disclosed in these
proceedings, and no explanation proffered for why it was not produced. Ms Heard denied
there had been any �fake punch� [11/1743/5-9], as did Ms Henriquez [13/2186/19-22].
The court is therefore unable to assess what the video showed, and its significance.
27 May 2016
27 May 2016, LA
28 May 2016
See also pictures of Amber Heard taken on 27-28 May 2016 at the following times:
28 May 2016
Important corroboration for Ms Heard�s account is provided by the photographs of
Ms Heard taken between 21 and 28 May 2016. The sequence of these is set out in
28 May 2016
28 May 2016, LA
30 May 2016
5 See Ms Heard�s fifth witness statement, paragraph 74 [Fite 2.1/71.3/E606.37] in which she
explained that she was trying to protect the Claimant, and exhibits a copy of a text message sent to
Lisa Beane on 30 May 2016 in which Ms Heard explained that at that time she felt unable to tell
Monroe how the injuries had been caused.
Jul. 2016
July 2016
Moreover the evidence adduced by the Claimant that Ms Heard had such relationships
was very thin. Mr Romero said that Ms Heard was visited regularly at the Eastern
by Mr Musk (statement paragraph 7); however Mr Romero�s
Columbia Building
recollection of dates was extremely faulty � see below. As he said in cross-examination �/
cannot remember exactly the year, because it has been for a couple of years already�
[9/1398/2-3] and �I get, like you said, the years messed up� (9/1398/19-20]. On Mr
Romero�s account, he saw Mr Musk�s regular visits start in March 2015, a year before Ms
Heard even moved into the building. Mr Baruch confirmed he only saw Mr Musk in the
Eastern Columbia Building after 21 May 2016 [9/1384/4-7]. Ms Esparza�s evidence on Mr
Musk related to the period after the break up. She made a reference to Ms Heard having
marks on her after what was said to be a visit from Mr Musk in June/July 2016; but she
was now unable to recall where on Ms Heard�s body the alleged injuries were [5/891/9-
13]. This evidence was gratuitous and plainly adduced by the Claimant in an improper
attempt publicly to smear Mr Musk � reflecting his determination to seek vengeance
against Mr Musk, another of the Claimant�s objectives, as he explained that he had in his
text to Mr Carino in August 2016 [File 6/119/F687.194].
16 July 2016
Ms Heard was also open about the fact that during the relationship with the Claimant she
used illegal drugs (MDMA and mushrooms), albeit rarely [10/1549/25-1550/5], and
enjoyed alcohol � �you know, two, three glasses a night sometimes, sometimes more,
occasionally, sometimes less, but never bottles� [10/1559/6-10]. She has also taken one
prescribed drug, Provigil, for narcolepsy, although the Claimant�s doctor, Dr Kipper, put
Ms Heard �on all kinds of medications and, frankly, | have lost track of which ones�
[10/1545/22-24], �to keep me sedated or keep me calm, basically, to keep my body from
responding to the world | was living in�. Ms Heard explained that even in her relationships
with Dr Kipper, nurse Erin Boerum and nurse Debbie Lloyd, the Claimant was the ultimate
client, and he was the priority [12/2015/8 � 2016/19]. As the Claimant himself explained
in his text to nurse Boerum on 16 July 2016:
22 July 2016
her on or around 22 July 2016 as follows [File 5/161(0)/F1009.31] [Media file �F161m"]
22 July 2016
It was suggested to Ms Heard that she would not have met up with the Claimant in
San Francisco on 22 July 2016 had she genuinely been afraid of him. However her
explanation for the San Francisco meeting was credible: she had been in a relationship
with him and married to him only very recently [10/1639/12-14]. Both she and the
Claimant wanted to meet in the presence of Mr Carino [13/2103/19-24]. Ms Heard also
confirmed that she had sought to communicate with the Claimant on 24 May 2016 by
phone to discuss keeping the divorce under wraps for at least a few days �in the hardest
times of my life�. She said, convincingly, that this in no way meant she was not scared of
him [11/1732/10-24, 1733 13-14].
Aug. 2016
August 2016
Moreover the evidence adduced by the Claimant that Ms Heard had such relationships
was very thin. Mr Romero said that Ms Heard was visited regularly at the Eastern
by Mr Musk (statement paragraph 7); however Mr Romero�s
Columbia Building
recollection of dates was extremely faulty � see below. As he said in cross-examination �/
cannot remember exactly the year, because it has been for a couple of years already�
[9/1398/2-3] and �I get, like you said, the years messed up� (9/1398/19-20]. On Mr
Romero�s account, he saw Mr Musk�s regular visits start in March 2015, a year before Ms
Heard even moved into the building. Mr Baruch confirmed he only saw Mr Musk in the
Eastern Columbia Building after 21 May 2016 [9/1384/4-7]. Ms Esparza�s evidence on Mr
Musk related to the period after the break up. She made a reference to Ms Heard having
marks on her after what was said to be a visit from Mr Musk in June/July 2016; but she
was now unable to recall where on Ms Heard�s body the alleged injuries were [5/891/9-
13]. This evidence was gratuitous and plainly adduced by the Claimant in an improper
attempt publicly to smear Mr Musk � reflecting his determination to seek vengeance
against Mr Musk, another of the Claimant�s objectives, as he explained that he had in his
text to Mr Carino in August 2016 [File 6/119/F687.194].
13 August 2016
Ms James was extremely ill disposed towards Ms Heard, as demonstrated by her
testimony in general. She had been sacked by Ms Heard. She was happy to help the
Claimant to attack Ms Heard, as demonstrated by a text she received from the Claimant
on 13 August 2016 stating �Thank you sweetheart. I'm disgusted that | ever fucking
touched that scum. Back on Tuesday and then court. Will hit you when | get back, doll.
Come over for a spot of purple and we will fix her flabby arse nice and good. Loveth, ji
[File 6/119/F697.193]; (7/1220/16-19].
16 August 2016
43. After his relationship with Ms Heard ended, he did not merely resent her. He set out to
destroy her. In texts to Christian Carino on 15 and 16 August 2016 [File 6/119/F687.194]
Oct. 2016
28 October 2016
text the Claimant sent him on 28 October 2016 stating �/ gots no cake!!! | should have
called business manager earlier, but | was swamped!!! 1 can probably get you some dough
tonight, just not very much... sorry dude. But, we should talk about moving you out of the
building, and for the moment bring you to Sweetzer... there's a spot over here where you'll
be comfy and able to paint... | hate it, but | gotta lose those fucking Penthouses!!� [File
10/147(a)/O517}, which Mr Baruch confirmed was about the fact that he needed money
28 October 2016
text the Claimant sent him on 28 October 2016 stating �/ gots no cake!!! | should have
called business manager earlier, but | was swamped!!! 1 can probably get you some dough
tonight, just not very much... sorry dude. But, we should talk about moving you out of the
building, and for the moment bring you to Sweetzer... there's a spot over here where you'll
be comfy and able to paint... | hate it, but | gotta lose those fucking Penthouses!!� [File
10/147(a)/O517}, which Mr Baruch confirmed was about the fact that he needed money
May 2019
30 May 2019
Mr Murphy was also one of the Claimant�s attack dogs. He texted the Claimant on 30
May 2019 stating �I'll always have your back, any time, anywhere. Continued relentless
exposure of the fraud and the scamber bandits is key�. He went on to confirm that he had
sent �evidence� to �Adam�, which could only be a reference to Adam Waldman, and
discussed how Ms Heard�s evidence could be discredited [File 10/147(a)/O71]. The
Claimant replied expressing his appreciation of Mr Murphy's efforts to discredit Ms Heard,
saying �bless your heart for being such a warrior for me and for your passion to join me in
It speaks volumes about who you are and I've already
this battle. | will never forget it.
known who you are, pal. Thank you. All my love and respect� [File 10/147(a)/O71].
Jun. 2019
22 June 2019
In her oral evidence Ms Divinere said that she had been made uncomfortable by Mr
Waldman�s text to her of 22 June 2019 asking her to assist because he had evidence of
her �constant interactions� with Ms Heard (�you were with her immediately prior to and
immediately after she created this hoax�). He told her that if she chose the side of what
he called the �hoax�/�suppression of truth� then he would subpoena her to compel
a sworn deposition [File 4/120/F698}. Ms Divenere said that she felt
attendance at
�pressured� by Mr Waldman to say things unfavourable to Ms Heard [9/1463/4-11] and
that she felt �pressured with most of the questions� that Mr Waldman asked [9/1464/19-
Jul. 2019
July 2019
Mr Waldman�s role has not been confined to leaking material to the press. He has also
been instrumental in obtaining evidence for this case. Laura Divinere explained in her
conversation with Ms Heard in July 2019 the pressure she was put under by Mr Waldman
to sign a declaration for the Claimant. She said that Mr Waldman told her that he had her
on file and photographed/on camera at the Eastern Columbia building, that she was
conspiring with Ms Heard�s group and that he would subpoena her for a deposition if she
did not speak to him and sign a declaration in support of his client. He said that the
deposition process would cost her about fifteen to twenty thousand dollars, and that he
would be subpoenaing other people in Ms Heard�s group for perjury. She told Ms Heard
that as a result she was left shaken for days and had not slept for a number of nights.
July 2019
Mr Waldman�s role has not been confined to leaking material to the press. He has also
been instrumental in obtaining evidence for this case. Laura Divinere explained in her
conversation with Ms Heard in July 2019 the pressure she was put under by Mr Waldman
to sign a declaration for the Claimant. She said that Mr Waldman told her that he had her
on file and photographed/on camera at the Eastern Columbia building, that she was
conspiring with Ms Heard�s group and that he would subpoena her for a deposition if she
did not speak to him and sign a declaration in support of his client. He said that the
deposition process would cost her about fifteen to twenty thousand dollars, and that he
would be subpoenaing other people in Ms Heard�s group for perjury. She told Ms Heard
that as a result she was left shaken for days and had not slept for a number of nights.
July 2019
Ms Divinere confirmed both in her conversation with Ms Heard in July 2019 and in her
oral evidence that on the days following the 21 May incident she had been with Ms Heard
and had seen her face �red and puffy� but had �attributed this to crying� (9/1466/18-25].
16 July 2019
a text to Ms Heard on 16 July 2019 [File 7/56(a)/H206] that
Ms Divinere confirmed in
what she had told Ms Heard in the recorded conversation had been true. Ms Divinere said
in evidence that she did not know the conversation was being recorded. This makes the
recording all the more compelling as evidence, as Ms Divinere would have no reason not
to be sincere during the conversation.?
Nov. 2019
22 November 2019
93. As a general point, most of the Claimant�s witnesses had long standing relationships with
him and/or continue to depend on him for their livelihoods. This applies to Mr Bett, Mr
Murphy, Mr Deuters, Mr Baruch, Ms Vargas, Mr McGivern, Mr Jenkins, Ms Roberts and
Mr Connelly; others were paid by him to provide services and, given his status in
Hollywood, are unlikely to want to fall out of favour with him: Mr King, Mr White, Ms
Esparza, Mr Romero, Mr Harrell. It was the job of many of these individuals to clear up
the mess left behind by the Claimant, and not to intervene or reprimand him. This was
in her deposition dated 22 November 2019 [File
Feb. 2020
February 2020
The court was introduced to the activities of Mr Waldman at the PTR in February 2020
when attention was drawn to an email he had sent Mr Charalambous, the Defendants�
solicitor, following the recent leaks of recordings to Mail Online of conversations between
the Claimant and Ms Heard. The email [File 8/86/148] read:
19 February 2020
8 The accounts of Mr Drew and Ms Pennington are corroborated by Ms Elizabeth Marz, who was
with Mr Drew and Ms Pennington in the apartment on the evening of 21 May, and witnessed the
Claimant enter the apartment, visibly intoxicated and swinging a wine bottle. Ms Marz also saw Ms
Heard�s injuries that night. She gives her account in her US draft declaration [File 3/ Tab 103], and
deposition [File 3/Tab F104]. Ms Marz�s account is provided under a hearsay notice dated 19
February 2020.
Mar. 2020
23 March 2020
Photograph of Amber Heard and Ian McLagan. On 5 July 2020 the Claimant disclosed this to
the Defendants with a metadata date/time of �April 7, 2013 1 1:02PM� [9/86(e)(i)/348.16] but
on 21 July 2020 Ms Laws QC put to Ms Heard in cross-examination that this photograph was
in fact taken on 23 March 2020. This assertion was made on the basis of the travel documents
of Jan McLagan [11/ Tabs 148 and 149]: see Transcript, Day 11, pages 1810�18 17.
Ms Heard�s evidence was that �I do not know when it [this photograph] was taken � but her
bottom lip in this photograph looked swollen to her (Day 11, pages 1810, lines 10-17 and
pages 1817-18).
Ms Henriquez� evidence was that in this photograph �J see makeup and a split lip.� (Day 13,
page 2156, lines 19-20).
Jul. 2020
5 July 2020
It is to be noted that nowhere did Ms Heard state in her evidence that the painting in
question was the �Tasya Van Pee� painting: the error was that of Ms Henriquez alone. It is
also to be noted that Ms Heard�s sixth witness statement, in which she said (at paragraph
9) that �During the course of reading through these materials, | have now realized | cannot
cannot say for certain it
be sure that the painting incident took place on 8 March 2013 ...
was on 8 March 2013� was served on the Claimant's solicitors on 5 July 2020 at 10:48 am.
This was before any disclosure by the Claimant of photographs with Keith Richards, or lan
McLagan, or flight records for Mr McLagan. The suggestion that Ms Heard has been
�forced to� change her evidence as to the date or nature of the painting incident as a
result of being confronted by disclosure from the Claimant {as was suggested at
5 July 2020
Photograph of Amber Heard and Ian McLagan. On 5 July 2020 the Claimant disclosed this to
the Defendants with a metadata date/time of �April 7, 2013 1 1:02PM� [9/86(e)(i)/348.16] but
on 21 July 2020 Ms Laws QC put to Ms Heard in cross-examination that this photograph was
in fact taken on 23 March 2020. This assertion was made on the basis of the travel documents
of Jan McLagan [11/ Tabs 148 and 149]: see Transcript, Day 11, pages 1810�18 17.
Ms Heard�s evidence was that �I do not know when it [this photograph] was taken � but her
bottom lip in this photograph looked swollen to her (Day 11, pages 1810, lines 10-17 and
pages 1817-18).
Ms Henriquez� evidence was that in this photograph �J see makeup and a split lip.� (Day 13,
page 2156, lines 19-20).
21 July 2020
Photograph of Amber Heard and Ian McLagan. On 5 July 2020 the Claimant disclosed this to
the Defendants with a metadata date/time of �April 7, 2013 1 1:02PM� [9/86(e)(i)/348.16] but
on 21 July 2020 Ms Laws QC put to Ms Heard in cross-examination that this photograph was
in fact taken on 23 March 2020. This assertion was made on the basis of the travel documents
of Jan McLagan [11/ Tabs 148 and 149]: see Transcript, Day 11, pages 1810�18 17.
Ms Heard�s evidence was that �I do not know when it [this photograph] was taken � but her
bottom lip in this photograph looked swollen to her (Day 11, pages 1810, lines 10-17 and
pages 1817-18).
Ms Henriquez� evidence was that in this photograph �J see makeup and a split lip.� (Day 13,
page 2156, lines 19-20).
27 July 2020
27 July 2020
May 2021
May 21
The purpose of this document is to describe, in the best possible
manner, my description of events I was directly witness to on the
evening of Saturday, May 21. At approximately 7:15, Amber
informed me that her husband Johnny would be coming over
shortly to pick up a few of his personal effects & discuss their
current situation. At 8:06PM I received a text from Amber asking
me to come over to PH3 right away. At 8:09PM I texted back to
confirm she needed me immediately. At 8:11 PM I knocked on the
door. The door was locked so I went back, grabbed my keys,
knocked again, heard Johnny yelling. I immediately unlocked the
door and came in to see him standing in the kitchen area. I asked
if everything was ok, to which Amber replied "No. Help me."
Johnny had a magnum of wine in his hand, and told me to leave. I
looked at Amber holding her face & her head, and she then told
me that he threw her phone at her and hit her, and to please help
her. He proceeded to argue, deny any and all wrongdoing, all
while continuing to move closer to Amber. I stepped in front of
him to shield her from him and put my hands on his chest, telling
May 21
The purpose of this document is to describe, in the best possible
manner, my description of events I was directly witness to on the
evening of Saturday, May 21 . At 8:06PM, Amber sent a text to
Raquel asking her to come over to PH3, where she was engaged
in conversation with her husband, Johnny. I was in PHS with Liz,
waiting for them to complete the conversation. Approximately 15
minutes later, we heard Johnny shouting, and saw (through the
peephole) both of his security team rush over in the direction of
'PH3. We heard him continue to shout, as well as what sounded
16/05/21
8/21/16 21:22 MET W/ VICT, CHCXD LOC. VERIFIED MUSBAND LEFT LOC, VICT ADVISED VERBAL
BUS CARD
05/24/16 21:22 DISPUTE AND REFUSED TO GIVE ANY PRTHR INFO. ISSUE
05/21/16 21:22 Stat: CL PRYIAL-W3
05/21/26 24:22 Dleposition �1 CHANGED To: OCCSH:OFCR COMPLETED CALL SUPY NO
�05/21/16 23:22 OCCSN:OFCR COMPLETED CALL SUPY NO-
OS/21/16 21:22 incklent Cloned: 16/05/21 21:22
Mar. 2022
Mar 22
Timestamp on
7/56(c)/H206.7
screenshot
(screenshot
showing date/time | cannot be
of texts as �Mar
22, 2013, 21:11�)
Mar 22
7/56(c)/H206.8
(second page of
screenshot
showing date/time | accurate as by
21:11 filming
of texts as �Mar
22, 2013, 21:11�)
May 2022
May 22
scratches on the doors, as well as the wine spilled all over the
hallway). During this, I locked the door to PHS (we left the doors
unlocked to let the girls freely travel from apartment to apartment
throughout the day). I heard Johnny come up to the door and
shout at his security to "open this fucking door, let me in this
fucking place." Which they did without hesitation. He walked in
and immediately started screaming at me. I can't remember
exactly what he was saying , but it was a reputation something
along the lines of: "Get the fuck out of my house," "You
motherfuckers fucking sold me out," so on and so forth . The
whole time, no more than 6" from my face, spitting in my face the
whole time. I didn't respond in any way, rather, calmly made my
way to the door. I had forgotten my keys, so I turned around to
grab them. He followed me every step of the way throughout,
screaming and spitting in my face. I did not see where Liz went to,
as I thought she was right behind me. He made a beeline to go
right at her, and she ran away. After I had left,
screaming and smashing things inside the apartment as I made my
way over to PH3 to check on Raquel & Amber, during which they
I moved them over to our apartment
relayed what had occurred .
PHI , and dead-bolted the door until we were certain he had left.
I kept them inside PH1 , and went down to the garage to confirm
their departure. At 8:46PM, I started getting calls from his head
of security, Jerry, as Johnny had left his �phone there, and Jerry
wanted me to bring it down for him to pick up. I told him not to
pull into the complex, and that I would meet him at the front door.
We had a verbal confrontation in the process of handing off the
phone, which I can provide further detail should the need arise. I
declare under penalty of perjury that the foregoing is true and
correct. Executed on Sunday, May 22
May 22
him to "stay away from her.� To this, he replied "get your fucking
hands off me." He then proceeded shoved my hands out of the
way, which I then put back on his chest. He shouted "Oh you want
to be fucking tough now, where's your fucking bearded boyfriend,
you've got what you want, you've got her to yourself." He
then backed away, saying "the DNA test will prove it, We Will
Find Out who did this." He walked over to the kitchen area to
grab his bag I then went over to the couch to console Amber, who
curled up in my arms, saying "I didn't do anything, I just called lo
to confirm the story, I didn't do anything. " While holding her on
the couch, he starts yelling unintelligibly, ranting obscenities &
random accusations specifically at Amber throughout. He grabs
his bag & the wine, makes to leave, then turns around and comes
back towards us, walks right up in front of us (still on the couch),
times. All the while,
states "Amber, get up,� repeatedly, at least 10
no more than a foot away from us, with me still cradling her. At
this point his security, Jerry & Sean came in. As soon as they
come in, he retreated away, about 15 feet. Amber got up to head
towards the bathroom, telling Jerry that if he "hits me one more
time I'm calling the cops." Johnny denied that he had struck her.
He said that he had "thrown her phone at her, and that's
what she's accusing me of." Amber then repeated what she had
said before "I didn't do anything, if he hits me one more time I'm
calling the cops." He then went into the kitchen area and started
smashing things at random. His security did nothing but stand
behind him. No effort was made to restrain him, no
acknowledgment was made of the abuse, nor did they make any
verbal effort to try and diffuse the situation or get him to walk
away. He then stormed out of the apartment, screaming
unintelligibly. That was the last I saw of him that evening. I heard
him yelling and breaking things for the next I �5-30 minutes in the
hallway and other apartments. When I went to find Amber's phone
and purse in PH3 and PHS, still not knowing if he was on the
premises, I discovered broken belongings. This included my art
that had been thrown against the wall, Amber's office that had
been ransacked, framed photos that had been smashed and glass
broken, and art that had been taken from the wall and left on the
bed in Amber's room . In the public hallway there were puddles of
spilled wine on the floor and splashed on the walls, and dents in
the doors. Amber was in my apartment (PHI) when the police
arrived. To my knowledge he had already vacated the premises.
I declare under penalty of perjury that the foregoing is true and
correct, Executed on Sunday, May 22.
16/05/22
05/22/16 03:00 Stat: OS POYIAGI-W3 Loc: 849 S BROADWAY
05/22/16 03:01 Stat: AS POY1AG1-W3 Loc: 849 S BROADWAY
05/22/16 03:01 RELATED TO PREV INC, VERBAL ARGUMENT ONLY. CHECKED RES.
05/22/46 03:01 Stet: CL PR/1AG1-W3
05/22/16 03:01 incident Closed: 16/05/22 03:01
05/22/36 03:01 Disposition #1 CHANGED To: GOASN:GONE ON ARRIVAL SUPV NO
05/22/26 03:01 GOASN:GONE ON ARRIVAL SUPV NO