Amber Heard shouldn’t be allowed to challenge the defamation trial verdict – even if the wrong juror was seated – because she waited too long to make the claim, Johnny Depp’s lawyer wrote in a motion filed Monday.
Heard’s attorney Elaine Bredehoft alleged in court papers on Friday that a 77-year-old man was summoned for jury duty – but a 52-year-old man, who shares the same last name and address, was improperly seated for the six-week trial in Fairfax County, Virginia.
Based on this new information, Bredehoft argued that the verdict should be thrown out.
The “Pirates of the Caribbean” star’s attorney Ben Chew revealed that the two men are father and son. The middle-aged son was seated as Juror No. 15.
Chew argued that these were not “new facts,” as Bredehoft contended, but a discrepancy her team should have noticed at the outset when they received detailed information on the jurors.
“Ms Heard waived her right to challenge the accuracy of the information listed in the jury panel by failing to raise this objection contemporaneously,” Chew wrote.
Juror No. 15 did not appear to be 77, by Bredehoft’s own admission, but Heard’s legal team made no effort to explore the matter – instead waiting to raise the issue until after the panel awarded Depp $10.35 million.
Chew added that even assuming that a “a son served instead of his father, there would be no prejudice” to Heard.
The younger juror was qualified to serve and was vetted by the judge and lawyers for both sides, the attorney wrote.
Depp’s lawyer also shot down other claims in Heard’s post-trial motion to toss the judgment, including arguments that the damages amount awarded to Depp were exorbitant and the verdict inconsistent.
“While Ms. Heard slings an exceptional amount of mud at the wall in the hope that something might stick, the jury’s verdict on damages was perfectly reasonable and supported by the evidence and testimony in the case,” Chew wrote, calling her arguments “frivolous.”
“Though understandably displeased with the outcome of trial, Ms. Heard has identified no legitimate basis to set aside in any respect the jury’s decision,” he concluded.
A panel composed of seven jurors awarded Depp $10 million in compensatory damages and $5 million in punitive, finding in favor of the actor on all his claims.
Judge Penney Azcarate later reduced the punitive amount to $350,000 – the maximum allowed under Virginia law.
The jury found in favor of Heard on a single claim in her countersuit, finding that Depp’s attorney had defamed her in a statement to the press calling her allegations a “hoax.” She was awarded $2 million in damages.
Bredehoft previously said the “Aquaman” actress plans to appeal.
ORDER A COPY OF ROB’S NEW BEST SELLING BOOK! Called “America’s Number ONE Gossip Columnist” by The National Enquirer. Rob ‘Naughty But Nice’ Shuter breaks celebrity news every day on his website NaughtyGossip.com where he delivers all the dish about the stars we love in his naughty but nice signature style. You can also catch him co-hosting and breaking celebrity news on Good Day New York, The Today Show, The Talk, Wendy Williams Show, CNN, Extra and Z100’s ‘Elvis Duran.’ Previously, Rob was the Huffington Post’s only celebrity columnist and the former executive editor of OK! Magazine. Rob has also hosted his own Saturday night talk show on Mark Cuban’s channel and his own daily morning show, ‘The Gossip Table,’ on VH1! Breaking some of the biggest entertainment stories, including Jamie Lynn Spears’s pregnancy news, Britney’s first post-meltdown interview, Eva Longoria’s wedding, and baby exclusives for Jessica Alba, Tori Spelling and Mathew McConaughey’s tots, Rob always knows where to find the best scoop. Before Rob was one of the world’s most successful entertainment reporters, he was a publicist working for Jennifer Lopez, Alicia Keys, P. Diddy, Jessica Simpson and Jon Bon Jovi! Now he is bringing all this experience to his new show on I HEART MEDIA in his unique cheeky way, that is always a pinch and never a punch!