Johnny Depp’s ex-girlfriend Kate Moss is gearing up to take the stand in his $100 million defamation trial against Amber Heard on Wednesday – after the Aquaman actress namedropped the supermodel during her testimony earlier this month – and it may be the nail in Heard’s coffin.
Famously-private Moss, 48 – who rarely discusses her personal life and has previously said that she ‘hates’ doing interviews – will be testifying publicly in support of her former beau, and is expected to shut down Heard’s claim that Depp once pushed Moss down the stairs.
Moss’ testimony could possibly throw a wrench in Heard’s case since it will give Depp’s legal team a chance to quell rumors about their relationship – an opportunity which only arose after Heard herself brought Moss up in court.
New York-based entertainment lawyer Nicole Haff, who works at Romano Law, said that Moss’ testimony could have a ‘big effect’ on the jury, while speaking exclusively to DailyMail.com.
She called it a ‘mistake’ and ‘misstep’ on Heard’s part, adding that Moss could ‘bring Heard’s testimony into question’ and make the jury unable to ‘trust what she says.’
Johnny Depp’s ex-girlfriend Kate Moss (pictured together in 1994, soon after their romance started) is gearing up to take the stand in his trial against Amber Heard on Wednesday
The opportunity for Moss to testify arose after Heard namedropped the model during her own testimony – and it may be the nail in her coffin. She and Depp are pictured in court on Monday
Lawyer Nicole Haff called it a ‘mistake’ and ‘misstep’ on Heard’ part, telling DailyMail.com that Moss’ testimony could have a ‘big effect’ on the jury. Heard is pictured on the stand on May 4
Depp, 58, and Heard, 35 – who tied the knot in 2015, and were married for one year before Heard filed for divorce in 2016 – have been battling it out in court in recent weeks.
The trial, which is still underway in Virginia, is attempting to determine if a 2018 Washington Post essay written by Heard, in which she accused the actor of domestic abuse, defamed Depp.
During Heard’s testimony, the actress alleged that Depp once shoved Moss down a flight of stairs – however, sources close to the actor said Depp actually ‘tended’ to Moss after she accidentally slipped and fell down the stairs. The couple is pictured together in 1994
During Heard’s testimony, the actress alleged that Depp once shoved Moss down a flight of stairs – however, sources close to the actor recount a very different story, with one insider telling the New York Post that Depp actually ‘tended’ to Moss after she accidentally slipped and fell down the stairs.
Heard made the claim while discussing an argument that she allegedly had with Depp at the top of a staircase, when she said her sister, Whitney Heard, stepped in between them.
‘She threw herself in the line of fire. She was trying to get Johnny to stop. Her back was to the staircase, and Johnny swings at her. I don’t hesitate and wait – I instantly think of Kate Moss and stairs,’ she said. And I swung at him.’
Heard made similar claims during the 2020 trial between Depp and the British outlet The Sun, whom he sued for describing him as a ‘wife-beater’ while covering his relationship with Heard – a lawsuit in which he ultimately lost.
‘I remembered information that I had heard [that] he pushed a former girlfriend – I believe it was Kate Moss – down the stairs. I had heard this rumor from two people and it was fresh in my mind,’ Heard told the jury at the time.
Heard (seen on the stand on May 4) made the allegation while discussing an argument she allegedly had with Depp at the top of a staircase, when she said she thought of Moss
Moss has never accused Depp of hurting her or spoken out about Heard’s claims, but sources say she has been supportive of Depp throughout the trial. The pair is seen together in 1994
By mentioning the alleged misconduct during the court case, Heard inadvertently allowed Depp’s team to call Moss as a witness to discuss the rumor. He is pictured in court last month
Moss has never publicly accused Depp of hurting her, and she has never spoken out about Heard’s claims; in fact, sources say she has been nothing but supportive of Depp throughout the trial.
A source told the Post that Heard assumed Moss was on her side when she brought up the incident, but instead, they claimed ‘that couldn’t be further from the truth.’
‘Amber mentioned an ex of Johnny’s that clearly she felt was not supportive of him, which couldn’t be further from the truth,’ the insider dished.
Another source familiar with the situation claimed that Depp didn’t shove Moss at all, explaining that she actually tripped while ‘walking down some stairs in Jamaica.’
‘She was wearing flip flips and she slipped on the last two stairs. Johnny caught her and tended to her,’ the insider recounted.
‘Johnny picked up Kate and carried her – this was hardly Amber’s scary interpretation of events.
‘Kate has nothing to gain in giving testimony, but she feels strongly about defending her friend.’
To add insult to legal injury, Moss’ involvement in the case has actually been made possible as a result of Heard’s own testimony.
By mentioning Depp’s alleged misconduct against his supermodel ex during the court case, Heard inadvertently allowed his team to call Moss as a witness to discuss the rumor – which legal experts agree could well do more harm than good for the actress.
‘When someone brings up something in their examination and [you feel] it’s wrong, you can basically call another witness to impeach that testimony,’ Haff, who works at Romano Law PLLC, told DailyMail.com.
Haff said she believes that if Moss debunks Heard’s claim that she was pushed down the stairs, it could impact the jury in Depp’s favor and make them unable to ‘trust what [Heard] says.’
She explained, ‘By bringing Kate Moss on to testify, she can obviously disprove [Heard’s claim] or bring Heard’s testimony into question, which generally has a big effect on the jury – if they can’t trust what she says.’
She called it a ‘misstep’ for Heard to bring up Moss, since she said the model is most likely going to ‘speak well’ of Depp and ‘paint the picture’ of a ‘loving and doting partner.’
‘She’s going to probably speak well of Johnny Depp,’ she continued. ‘That’s going to paint the picture of a loving and doting partner rather than an abusive partner.
‘I’m guessing she’s going to speak about their relationship in a loving way, and it’s going to portray him to be a good guy.
‘I would say it’s a misstep [on Heard’s part]. I would say this is a mistake because it is going to open the door for Moss to come in to testify, and it’s believed she’s going to give very favorable testimony [for Depp].’
Depp’s team seemed to agree – in fact, after Heard brought up the allegation, Depp’s legal team could be seen erupting in glee, fist bumping each other and celebrating over the opportunity.
Haff pointed out that timing for Moss’ testimony is also key. She added, ‘Is it going to be what wins the case? I don’t know because juries are unpredictable, but I do think it’s going to have a positive impact on the case [for Depp], especially so late in the game.
‘This case is wrapping up, it’s going to be one of the last bits of testimony that the jury hears and it’s going to be favorable to Depp.’
Manhattan-based civil lawyer Roland Acevedo told Fox 5 that Heard bringing Moss up during the trial could ‘blow up in her face.’
‘It certainly could open the door to calling in Kate Moss. It’s considered a tangential issue that usually courts don’t let you bring in but since the defense opened the door and said he did this, they now may be able to call her to prove it never happened. This could blow up in her face,’ he said.
In fact, after Heard brought up the allegation, Depp’s legal team could be seen erupting in glee – fist bumping each other and celebrating over the opportunity (pictured)
Moss’ testimony could possibly throw a wrench in Heard’s case since it will give Depp’s legal team a chance to quell rumors. Depp is seen with his lawyer after Heard mentioned Moss
California entertainment lawyer Mitra Ahouraian also called it a ‘mistake’ for Heard.
‘That’s one mistake that [Heard] made, was bringing up Kate Moss, which potentially opened the door to [Depp’s team] bringing [Moss] on as an impeachment witness, and say, “This never happened,”‘ he told the New York Post.
The outlet reported that ‘alleged misconduct that’s not related to a specific accusation in a case – such as this rumored incident – isn’t allowed to be brought up by lawyers at trial.’
Moss and Depp dated from 1994 to 1997, and as two of the biggest names in Hollywood, the stars’ high-profile romance quickly became one of the most talked about pairings of the ’90s. They are pictured in 1995 – one year into their relationship
Ahouraian continued, ‘[Moss] is still allegedly friends with Johnny and her testimony wasn’t allowed to come in before because it wasn’t as relevant.’
However, Halim Dhanidina, a criminal defense attorney and former California judge, explained that Depp’s lawyers can now say, ‘You brought up Kate Moss and she wasn’t going to be part of this trial but now she is.’
‘Johnny Depp’s team is going to argue that they should be permitted to call her to debunk any rumor about Depp pushing [Moss] down stairs,’ he added.
Dhanidina said that not only does this give Depp’s team the opportunity to call Moss to the stand to debunk the rumor, but it also allows them to potentially bring up Heard’s own past misconduct, unrelated to this case.
In 2009, she was charged with domestic violence against her then-girlfriend Tasya van Ree, after they got into an altercation at the airport in which she allegedly hit van Ree.
However, van Ree later claimed it was all a misunderstanding and the charges were dropped.
Dhanidina said to the Post, ‘To me, the more interesting question is whether the mention of [the Moss allegation] or the rumor of that incident entitles Depp’s team to bring in evidence of Heard’s prior domestic violence conduct.
‘If you go outside the bounds of the conduct in this case to include other violent conduct committed by your opponent, it’s only fair for your opponent to be able to do the same for you.’
Although Depp and Moss were often spotted packing on the PDA, their relationship also had a darker side to it that embroiled the pair (pictured in 1994) in scandal and controversy
They often got into heated arguments, and on one occasion, a disagreement led to Depp being arrested for trashing a hotel room. They are pictured in 1995 – months after the incident
However, Moss has continuously spoken highly of Depp, and is understood to be ready to lend a helping hand in his case against Heard. Depp and Heard are seen throughout the trial
Christa Ramey, a cofounder of the Los Angeles civil-litigation firm Ramey Law PC, told Insider that she believes Heard may have gone against her legal team’s wishes when she namedropped Depp’s ex.
‘Sometimes, I’ve had clients that think they’re smarter than me, who sometimes kind of go rogue on the stand. I think she definitely went that route,’ Ramey said. ‘Her attorneys did not want her to say that.’
Moss and Depp dated from 1994 to 1997, and as two of the biggest names in Hollywood, the stars’ high-profile romance quickly became one of the most talked about pairings of the ’90s.
And although Depp and Moss were often spotted packing on the PDA on romantic trips around the globe and often attended glamorous events side by side, their relationship also had a darker side to it that embroiled the pair in scandal and controversy, and led them to be featured in many a headline.
They were seen getting into heated arguments more than once, and on one occasion, a disagreement between them led to Depp being arrested for trashing a hotel room.
However, despite their tumultuous relationship, Moss has continuously spoken highly of Depp, and is understood to be ready to lend a helping hand in his case.
After they split in 1997, Moss later said that the breakup left her devastated for ‘years,’ adding that there was no one who took care of her like Depp did.
‘There’s nobody that’s ever really been able to take care of me. Johnny did for a bit,’ she said in a 2012 Vanity Fair interview.
‘I believed what he said. Like if I said, “What do I do?” he’d tell me. And that’s what I missed when I left.
‘I really lost that gauge of somebody I could trust. Nightmare. Years and years of crying. Oh, the tears!’
Haff said that Depp and Moss’ complicated past might strengthen the impact she has on the jury.
‘I think a jury would find it persuasive because Moss and Depp dated for years,’ she explained.
‘People know that exes have complicated relationships with each other and that Ms. Moss, if she wanted to, could give damaging testimony.
‘But the fact that someone had dated Johnny Depp and is gonna come and testify on his behalf despite dating for years I think is favorable for Mr. Depp.’