Johnny DEPP v Amber HEARD: New Damning Evidence Against Amber: Will It Impact The UK Trial?

hi everyone welcome back to my channel thank you so much for stopping by i was going to put this topic to bed for just a little bit until the judgment is out but i have received requests to talk about jennifer howell's declaration and all the other evidence in the form of text messages and emails that she has provided to adam waldman johnny's u.s attorney for those of you who don't know whitney heard or whitney henriquez used to work for jennifer howell and i suppose up until recently they were incredibly close and considered each other sisters in whitney's statement and in her evidence she testified that she lived with an employer for a time when things weren't good between her and amber and jennifer is that employer so as i said jennifer provided a declaration to adam waldman after being served with two subpoenas and this was done on the 26th of july of this year so during the uk libel trial what i've been asked to comment on mainly in this video is whether this declaration can be used in the uk trial and what impact it will have on the case overall both in the uk and in the us so let's have a quick look at this declaration and we'll get straight into analyzing it i'm gonna be summarizing it i won't be reading it out for you but i will be displaying screenshots on the screen as per usual please feel free to pause and have a read or go to adam waldman's twitter i will link it down below where you can find the actual declarations that he posted on his twitter timeline i don't know on his twitter feed alright so jennifer's evidence is relevant to the staircase incident which took place on the 23rd of march 2015. so we've discussed this incident several times in great detail in several videos but essentially this is the incident where amber punched johnny and admits to punching him because she feared he would push her sister whitney down the stairs jennifer's testimony completely throws that entire story out the window according to jennifer whitney went to stay with her as i said and she told her that it was actually amber who was going to push her down the stairs to her own sister because she feared that amber would kill johnny whitney also allegedly told jennifer that she had endured this sort of abuse so physical abuse from both her father and her sister amber throughout her life and that amber is an incredibly violent person jennifer even stated that whitney moved in with her because she was terrified of her sister she stated that shortly after the incident in australia whitney told her that amber cut off the tip of johnny's finger and she also stated that paige amber and whitney's late mother told jennifer that amber loved johnny so much that she couldn't control herself and that the reason that they broke up was because amber had started to become too violent and too emotional she even briefly discussed the proceeds from amber's divorce settlement the 7 million that she never donated any of it to jennifer's organization and apparently an anonymous donation was given by elon musk but jennifer never really specifies how she knows this she just says i know it's not from amber i have reason to believe it's from elon and as i mentioned earlier she provided this declaration as a result of being served two subpoenas and finally she says that there are other staff members within her organization that can corroborate what she is saying and she has provided evidence in the form of text messages and an email to back her statement up before i get into analyzing this declaration here are the text messages and the email they took place during the trial after whitney testified and you can see they refer to each other as my chosen sister so they were still close up until that point and there's the email that jennifer sent to whitney after whitney publicly stated that jennifer is lying and you can see in the email that jennifer fervently denies this and says that she will do everything in her power to prove that she is not a liar all right first of all this declaration is very heavily if not entirely based on hearsay because jennifer never witnessed any of the incidents all she really talks about is what she was told by whitney now that's not to say that that's not reliable it's not to say that it's not admissible but hearsay is usually afforded little to no weight in terms of evidence and this is also mentioned in the civil evidence act that is applicable in the uk as you can see subsection 2 of section 4 of the act states the circumstances or considerations that the court may have regard to in assessing whether to give any weight to this evidence now of course these considerations can be argued against jennifer howell and the integrity of her evidence specifically with regards to the multiple hearsay component and whether the original statement was an edited account or was made in collaboration with another so this has already been suggested with regards to laura divener's evidence that this was made entirely in collaboration with adam waldman for the purpose of discrediting amber an argument can also be made that jennifer howell has motive to conceal or misrepresent matters this is a weak one but the fact that jennifer mentioned in her declaration that amber never donated anything to her organization can be used as a way to prove that jennifer has a vendetta or beef against amber because she never donated her any money but that can very quickly be shot down as it regularly was by mr sherborne during the uk trial jennifer responded to a subpoena in fact she responded to two apparently so she did not volunteer this information people who have beef or have a vendetta against someone usually are very keen to volunteer evidence to bring down that person they don't have to be subpoenaed or essentially forced in a legal way to provide evidence against someone else now the legislation mentioned multiple hearsay and i also singled it out as an argument that could be made against jennifer the main example for this that i could decipher from the declaration is the part where she says whitney told her that amber severed the tip of johnny's finger off whitney wasn't there in australia so whatever she told jennifer was based on what whitney was told by someone else now this someone else could be anyone it could be johnny himself it could be one of the medical professionals it could be one of the bodyguards the main thing to point out here is that whitney did not directly witness it she's just repeating what she was allegedly told so that's what makes it multiple hearsay it's kind of like chinese whispers the more people you put between yourself and the originator of the statement the less likely it is that the statement that has been passed on is accurate or credible in general in the law at least in my jurisdiction hearsay is preferably first hand the other issue is with regards to paige's evidence now as i mentioned earlier in this video and as we all know paige amber's mother has passed away i believe she passed away on the 1st of april this year may her soul rest in peace the problem with inducing evidence of what paige told jennifer is the fact that paige is no longer with us very much like jerry judge so they cannot be called into court as witnesses to testify and to verify that they in fact said these words to the witness and to ascertain what their meaning was behind these words now that's not to say that evidence made by a dead person is always inadmissible but again it's just a matter of the weight that will be attributed to that evidence if evidence can't be verified or backed up it does automatically become less credible or less weight is attributed to its credibility because think about it anyone can just sit there and say things that were told to them by someone who is now dead especially if these things were said in private so there isn't really anyone who can back up or deny these statements now of course just because these arguments can be made it doesn't mean that the court must be convinced by them or must be bound by them but they will take them into consideration when assessing the weight that is to be attributed to jennifer's evidence now this is one more witness who backs up or corroborates johnny's evidence the only discrepancy is johnny never mentioned in any of his statements or even in his testimony that amber was the one who was trying to push whitney down the stairs but that doesn't mean it never happened maybe johnny had his back to the sisters when this was happening maybe travis mcgivern was standing in between them which we do know he was and blocked johnny's view and couldn't see it or maybe it happened in a split second and johnny just missed it if anything sometimes these slight inconsistencies contribute to the credibility of witnesses because it demonstrates that they didn't corroborate their evidence and they didn't conspire to make sure that everything they say is identical and aligned which is very much the case with amber's evidence and whitney's and raquel pennington's i know i've been saying throughout this trial that the evidence given by johnny very much aligns with the evidence given by the rest of his witnesses but they're not identical [Music] all right now i keep getting asked will this affect the uk trial the answer is no it cannot affect the trial because it is over the only possible way that this evidence can be introduced to the uk proceedings is by way of appeal now the last video that i released on this topic which deals with what happens if johnny loses the trial talks about appeals and explains the appeals process in detail so please make sure to watch that if you haven't already but basically i explained that an appeal is a review of the original decision and usually no new evidence or arguments are admissible unless there are exceptional circumstances an example of an exceptional circumstance is new or fresh evidence that did not exist or was not in the party's possession or knowledge during the trial now jennifer's declaration was made on the 26th of july so pretty much by the end of the trial so it is on the face of it new and fresh evidence that did not exist at the time but that is not the only prerequisite there are three conditions as per common law in the united kingdom that must be met in order for new evidence to be admitted into an appeal firstly it must be shown that the evidence could not have been obtained with reasonable diligence during the trial in this situation this evidence did not even exist before whitney testified so this requirement is easily satisfied secondly the evidence must have some reasonable prospect of affecting the trial so it doesn't have to make or break the case but it should at least have the capability of having an important influence on the result now because ngn are arguing that one incident if proven to be true will satisfy the defense of truth and because the opposing side argued that if one incident has been found to be false then the entire defense fails i believe that this evidence could have some capability of affecting the result with the only issue being that it is based on hearsay and it is not based on anything that was directly witnessed by jennifer herself so it's whitney's word versus jennifer's word having said that jennifer's evidence does align with other witnesses including travis mcgivern and johnny himself so that does bolster it a little bit and the fact that she was subpoenaed and didn't just come out of the woodworks for no reason but again it's all a matter of weight when it comes to this particular declaration so with this particular requirement it just depends on how well each party argues their case and finally the evidence must be credible there are several aspects that can point to the credibility of this witness the most important one being again that she was subpoenaed this information was not volunteered she is an independent third party in the sense that she has no connection to johnny if anything her sole connection to the case is whitney amber's sister so she has no reason to lie or to cover for johnny because that argument that ngn loved to latch onto which is that all the witnesses were employed by johnny and therefore it was in their best interest to lie for him that does not apply to jennifer at all and i do want to point out that if for whatever reason johnny loses and this goes to appeal and if it's a big if his legal team attempts to introduce this declaration then jennifer must be willing to testify because otherwise her entire declaration is just an out of court statement that is being introduced to prove a certain allegation which is hearsay so she must be there to testify as to the contents of her statement so do i think that this will have any impact on the uk trial if it goes to appeal it depends on whether it is admissible evidence or not and i have no idea whether the court of appeal will consider that the common law tests the three requirements have been satisfied by this particular evidence having said that if johnny wins the uk trial then there is no need for this declaration and all is good for johnny with regards to the u.s defamation case i am going to assume that jennifer howell is 100 a witness to that trial and is now officially on the witness list simply by virtue of providing a declaration she seems quite keen to prove that she's not lying as well so i don't see any reason as to why this evidence will not be used in the us trial however i do believe that her evidence will mostly be used to discredit whitney rather than to prove that the incident on the 23rd of march happened in the way that she said it did and this is simply because jennifer was not there she did not see what happened on that staircase on that day so to summarize jennifer's evidence will only be admitted or used in the uk if we get to an appeal stage which there are hurdles to jump through and then if this is considered to be new or fresh evidence that is admissible in the u.s it's not too late trial hasn't started there is no reason for this evidence to not be used that's it for this video i hope i've answered your questions as always let me know what you guys think in the comments below do you personally believe that jennifer's evidence has an incredible amount of weight that can sway the outcome of an appeal if we ever get to it or even the outcome of the us trial in the future do let me know what you think thank you so much for watching stay safe and i will catch you in a future video bye bye

Channel: Lost Beyond Pluto

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Keywords: johnny depp, amber heard, johnny depp amber heard audio, johnny depp amber heard recording, johnny depp amber heard court, johnny depp amber heard case, johnny depp defamation, amber heard defamation, johnny depp amber heard defamation case, johnny depp amber heard court case, johnny depp amber heard trial, johnny depp amber heard defamation trial, lost beyond pluto, lawyer, law, education

Id: AO7QHp_M4OU

Length: 15min 17sec (917 seconds)

Published: Tue Aug 11 2020