In the defamation lawsuit against Johnny Depp, Amber Heard’s lawyers are asking for a mistrial because they say the wrong juror was put on the jury.
Friday afternoon, Heard’s lawyers filed a document saying that juror number 15 was not the person who was called by the court and “could not have properly served on the jury at this trial.”
According to the filing, there was a person on the “Jury Panel List” who was born in 1945. This person would have been 77 years old at the trial. However, the person who showed up for jury duty and sat on the jury was a 52-year-old who lives at the same address as the 77-year-old, the filing says.
“The person with this name who showed up for jury duty was the younger one. So, the 52-year-old who had been on the jury for six weeks never got a call to serve on April 11 “the report says.
Because of this supposed mistake, Heard’s lawyers say that her right to a fair trial was “compromised” and that there should be a new trial.
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“So, Ms. Heard’s right to a fair trial was broken. In this case, there should be a mistrial and a new trial should be ordered “the report says.
In the filing, it says that the “safeguards” didn’t work in this case and that the juror’s real name wasn’t checked.
Rahmani said that the mistake with the jurors could have just been a simple mistake, in which case Heard’s argument would be wrong.
“Even if it was done on purpose, her lawyers will have to show that the juror’s actions would have led to a challenge for cause even if it wasn’t done on purpose. So, the wrong juror couldn’t have been fair and unbiased. That’s a hard obstacle for them to get over “Rahmani said.
“Fairfax County’s Juror Questionnaire page helps reach this goal by requiring all County residents to log in with their 7-digit Juror number, Zip code, and “Birth Date.” These safeguards are in place, and the parties rely on them to make sure that the right juror is picked and that everyone gets due process and a fair trial, “the report says.
Just a week ago, Heard’s lawyers asked a judge to throw out the $10.35 million ruling in favor of Johnny Depp, saying that the evidence didn’t back it up.
“The verdict is too harsh based on the facts and the law, and it should be thrown out,” they wrote.
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On June 1, a jury in Virginia gave Depp a $10.35 million judgment. They said that Heard, Depp’s ex-wife, hurt his reputation and cost him business opportunities because she wrote an opinion piece for the Washington Post in which she called herself a “public figure representing domestic abuse.”
In a countersuit against Depp, Heard won $2 million on a claim that Depp’s lawyer Adam Waldman’s statement to the press that the accusations she made were a “hoax” was slanderous.
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