Celebrity Johnny Depp, 57, just hired attorney Kathleen Zellner, known mostly for her work in Making a Murderer, to represent him in his new $50 million libel lawsuit against his ex-wife Amber Heard.
Zellner is renowned for her work in numerous high-profile cases, especially for her successful overturn of wrongful convictions, such as the case of viral sensation Steven Avery from the hit series “Making a Murderer.”
Depp and Heard have battled during a years-long, public, and often humiliating divorce. The couple officially divorced in 2017, with Heard receiving a $17 million settlement. Yet, the legal drama continues to haunt Depp on two continents.
Over the course of the divorce proceedings, Heard accused Depp of 14 incidents of domestic violence, resulting in Depp suing for libel in courts in England and the US.
Depp has vehemently denied all accusations of assault by his ex-wife.
Depp already lost his UK libel case against the Sun newspaper in London concerning a published article calling the celebrity a “wife-beater.” Depp’s attorney said the ruling is “perverse” and that they will appeal. The Sun stands by its article.
At the trial, Mr. Justice Nicol said the newspaper had proven that the article was "substantially true.” Nicol found 12 of the total 14 allegations of assault to be truthful.
At the March 2021 trial, the court dismissed Depp’s libel case against The Sun, with the Justice saying he would not be allowed to appeal. The Sun released a statement in its newspaper, saying "The case had a full, fair and proper hearing, and today’s decision vindicates the courageous evidence that Amber Heard gave to the court about domestic abuse, despite repeated attempts to undermine and silence her by the perpetrator.”
UK court documents state, “The Judge found that Mr Depp assaulted Ms Heard on all but two of those occasions. Ms Heard was the principal witness for NGN, and the Judge largely accepted her evidence.”
Heard weighed in at the time, stating, "I became a public figure representing domestic abuse and I felt the full force of our culture's wrath for women who speak out.”
In the US, Depp is suing Heard in a separate libel suit, after Heard claimed she was a victim of domestic abuse. Depp is suing Heard over a 2018 opinion piece where she alleged she was the victim of domestic violence but did not specifically name him.
Zellner, with her reputation for being highly successful in overturning clients’ very famous convictions, will now take the lead for Depp in what is expected to be another sensational case.
“I have spent the last 30 plus years defending individuals who have been falsely accused of wrongdoing,” said Zellner in a published statement to the New York Post.“I welcome adding Johnny Depp to that list and joining his dream team who share this view and have so effectively been advocating for him.”
The US court has now granted Depp access to his ex-wife’s phone. Depp’s team alleges Heard carefully faked the domestic violence injuries she claims Depp caused, including sharing photos of black eyes. Heard said she did not fake any injuries and that her photos are legitimate.
How the UK courts differ from the US courts regarding libel cases will play a role in Depp’s upcoming case in April.
In March, when Depp lost his case in the UK, his attorneys said, “The evidence presented at last week’s hearing further demonstrates that there are clear and objective reasons to seriously question the decision reached in the U.K. court. Mr. Depp looks forward to presenting the complete, irrefutable evidence of the truth in the U.S. libel case against Ms. Heard, where she will have to provide full disclosure.”
The UK and the US are polar opposites in their libel law. In the US, a plaintiff that accuses someone of lying about them in print or online can sue, but they need to prove that what was said was false.
As seen in the recent Sarah Palin defamation lawsuit in the US against the New York Times, the judge said he dismissed the case because Palin had not shown enough evidence that her reputation was harmed by the editorial.
In England, libel laws do the opposite, putting the burden of proof on the dependent to prove that the plaintiff is lying, by offering evidence that the defendant is telling the truth.
In England, libel law allows individuals and companies to sue if they believe their reputations were harmed by false or “defamatory” publications.
