The Lawsuits Thread

[Lbock]

Melanie was a funny read. Keeping in mind, the trial had NOT been delayed at the point they were trying to compel her to testify. She was staying with her family in Florida. The judge agreed to compel her to sit to testify for April 1, but the subponena servers in California couldn't find her so they tried to serve her lawyer. Her lawyer filed a declaration stating she would not accept the service and they should use other legal means, which included mailing to her known house address. But, of course, she had also stated she believed her to be in Florida.

Melanie was trying (now unsuccessfully) to ride out the trial in Florida and avoid getting served thus wouldn't testify.
From what I saw, she claimed being involved with this case was hurting her business (I have seen some PDFs of these filings).

Laura D attorney has apparently stated she sticks to her original legal declaration, she was illegally recorded, and she would testify if compelled (ordered).

I honestly think AH is going to try to find a way to avoid testifying--claim illness, or mental stress or something.

[ForeverYoung]

Whitney Heard should be a witness. I don't care if she is a relative or not. She is a party to this matter whom Amber claims she was defending and therefore present when Amber decked Johnny.

Also, am I the only one getting confused when people refer to iO as "he"? I get that is what iO identifies as but even Amber referred to iO as "she."

[MaryS]

Right from the start I have said that Heard is going to plead * temporary insanity * to get out of the lawsuits altogether.
Or whatever the *plea* is called in a civil suit.

But since she doesn't have to testify in either, she might go down the route that you say. That she's not well etc.

But it's going to look bad for The Sun if she doesn't testify so I am imagine she will be told she'll have to.

The problem she faces is that her so-called witnesses will be called on to testify and they have few options not to do so.
If they say no, then Heard might as well plead temporary insanity and end this farce.

So it doesn't matter what she decides, Johnny will come out on top.

[ForeverYoung]

The way I see it is that she wants to testify for The Sun because she is not a party to the case, but not Johnny's case against her.

[Granna]

Claiming sexual abuse, and now pleading temporary insanity? I believe she is at the end of her rope.

With the temporary insanity however, I'm sure that Kaplan will say that JD lead her to it.

Now the worry will be if Hollywood will fall for it. She still will be the spokesperson for L'Oreal, and the UN, and still get parts in Hollywood.

There still will be no consequences for her actions.

[ForeverYoung]

Amber has not claimed any mental issues in her defense. At least not yet. She did, however, admit on tape that she can't control herself sometimes, even begged Johnny to help her when this kind of thing happens. Also said she could not guarantee she would not get physical again. I am no doctor but it seems to me she is part mental and part spoiled brat.

[Granna]

Forever Young: I agree. However, we are dealing with one NASTY witch with a "B" average.

We both know, Kaplan will control the situation.

With everything going the way it is, now I can see why AH wanted her diary kept from everyone. I bet she planned it all out. Wouldn't it be an interesting read?!

[Chocolat]

How long is "temporary" in temporary insanity? Over the course of their relationship, how many times has AH mentally, emotionally and physically abused Johnny? Toward which incident would she plead temporary insanity? In my opinion, there are far too many to list, thus, defining them as not temporary. That said, she can't pick and choose when and where she went off her rocker to avoid the guilt of abuse. She premeditated the hoax which can be proven because it was calculated and discussed between AH and her co-conspirators with lies ongoing to this day. If she decided to claim temporary insanity, would she be willing to go through the publicity and scrutiny of medical evaluation and, ultimately, how that would affect what little career she has left? Amber Heard is definitely in a corner now with little means of escape.

[Granna]

Statistics:

.85% (less than 1%) plead temporary insanity.

.26% (less than 1%) of those cases are acquitted.

70% who enter a plea - withdraw when a court ordered eval finds them legally sane.

(According to the U.S. cases)

Temporary insanity only last during the act of the incident.

Which act can they claim - cutting his finger?

[AdeleAgain]

Lbock I totally agree - AH has to avoid testifying. How can she stand in a court and be caught out in her own perjury? She will simply not be a credible witness even if she has spent the whole of lockdown getting her story straight and has invested in some acting lessons. She has lied on multiple occasions. And even if she can't acknowledge that - it is written in black and white that she lied to Homeland Security, wanted to bribe a vet over the dogs. A first year law student should be able to take apart her credibility just in the summing up.

It is easy enough for the Sun case - she just doesn't get on the plane. I don't think they can make her testify. I actually even think the Sun calculates she'll let them down at the last minute and it will be a big dramatic story.

Can someone with more knowledge of the US system explain 'pleading the fifth to me'. It means not answering lest you incriminate yourself right? I may have watched too many law dramas. Can she do that in a civil case? If she does that - surely that is case lost anyway?

Did anyone catch that at the very beginning of the footage of her doing her deposition, I think it's the one where she is listening to the bathroom door conversation incident and eating and eye rolling etc, her lawyer says something like "we've changed our mind, not pleading the fifth so you can ask your question" - says it to JD's lawyers. Was she thinking of not answering during the deposition?

[AdeleAgain]

ForeverYoung on the he/she for iO - I believe iO only starting identifying definitely as a man last year (maybe late 2018) - so when referring to iO in 2016 they did refer to she. Johnny's witness statement refers to him and Mr T-W, and that was in 2019. (JD is always so correct, formal and thoughtful about such things).

[ForeverYoung]

ForeverYoung on the he/she for iO - I believe iO only starting identifying definitely as a man last year (maybe late 2018) - so when referring to iO in 2016 they did refer to she. Johnny's witness statement refers to him and Mr T-W, and that was in 2019. (JD is always so correct, formal and thoughtful about such things).

Thanks. I wish we can just refer to 'io" whatever he/she is not just here but everywhere.

[ForeverYoung]

Amber would have to plead "temporary insanity" for multiple incidents so that wouldn't work, imo. She has a behavior issue where she can't control herself, or maybe she can when she wants to. I don't think she is used to people talking back to her. We have heard reports of her screaming at not only Johnny but others including the property manager, mechanic, former assistant and we've seen her go off on the police officers but she knew better not to go totally bolistic or else they would have dragged her to jail.

[meeps]

But it's going to look bad for The Sun if she doesn't testify so I am imagine she will be told she'll have to.

Yes, she probably will.
But it's also going to look bad for the Sun if she does, I think ...
In my opinion she will either behave like a bored teenager, who think the grownups' questions are so lame, and they just don't understand anything. Or like a entitled Hollywood diva who can't believe the peasants don't know their place. And foreign peasants to boot.
Maybe even both one after another.

And the "foreign peasants" might not appreciate that

[Moonbeam]

Can someone with more knowledge of the US system explain 'pleading the fifth to me'. It means not answering lest you incriminate yourself right? I may have watched too many law dramas. Can she do that in a civil case? If she does that - surely that is case lost anyway?

Hi AdeleAgain. I do not know the legal system, but I do understand pleading the fifth. This refers to standing on your rights as provided under the fifth amendment to the US Constitution:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

To take the fifth means that you refuse to testify, because it may incriminate you, as you said. As provided by the fifth amendment, you are not to be compelled in a criminal case to be a witness against yourself. So, I do not know if the fifth amendment is used in civil cases? Hopefully, someone else can answer that for you.