Amber Heard is seeking a retrial and claims a juror who sided with Johnny Depp in an $8 million lawsuit impersonated a real juror with the same last name
- On Friday, Amber Heard’s attorneys filed a second document seeking a retrial, arguing that the wrong person was on the jury
- The lawyers said that a 77-year-old man was selected as a juror, but was replaced by a 52-year-old man with the same surname and address.
- Heard’s lawyers said her “right to a jury trial and due process” was “undermined and compromised”
- They added: “In the circumstances the trial must be set aside and a new trial ordered.”
- They did not say how the error was discovered and did not release the names of the two jurors
Hurd’s team filed documents with the court Virginia “based on additional facts discovered,” they said.
Her attorneys say two people with the same last name lived in the Virginia home where the grand jury was served in April.
A 77-year-old man was supposed to be summoned, but a 52-year-old man who was a juror appeared in court instead.
“For someone who has not been summoned to appear on a jury to appear on a jury and serve on a jury is of great concern, especially in this case,” they write.
Amber Heard, pictured during her testimony on May 4, claimed on Friday that there had been confusion with the jury and said she wanted a retrial
On June 1, Johnny Depp was awarded $10 million in damages and $5 million in fines.
Fans of Depp, 59, are pictured outside a courtroom in Fairfax, Virginia on April 25.
The document notes that Virginia has safeguards in place to prevent such errors, such as using a seven-digit juror number, zip code and date of birth to verify jurors’ identities.
Depp is seen on July 6 on tour with his band in Germany
“These safeguards exist and are relied upon by the parties to verify the identity of the correct juror to ensure due process and a fair trial for all litigants,” the statement said.
“When these safeguards are circumvented or not enforced, as appears to be the case here, the right to a jury trial and due process are undermined and jeopardized.
“Under the circumstances, the trial must be quashed and a new trial ordered.”
The document did not indicate any reason why this allegedly happened, nor how to expose the situation.
Friday’s filing comes after the actress’ legal team said on July 1 that the verdict was not supported by the evidence presented during the six-week hearing.
The July 1 document outlined the issue of the “wrong” juror 15, but did not go into as much detail as Friday’s document.
Depp is suing his ex-partner over an article she wrote for the Washington Post in 2018 about her experiences of domestic violence in which his lawyers say he was falsely accused of rape.
On June 1, the jury ruled in his favor.
Last week, Hurd’s lawyers also said the judge should throw out the verdict because the amount awarded to Depp — $10 million in damages and $5 million in punitive damages — was “excessive” and “unwarranted.”
She received 2 million dollars.