Johnny Depp Granted Access to Amber Heard's Phone Records in a Bid to Prove Assault Was Fabricated: Reports

A Virginia judge has reportedly ruled Johnny Depp’s legal team can have an expert look at Amber Heard’s phone records to examine if assault photos were fabricated

Johnny Depp Amber Heard
Johnny Depp (L); Amber Heard. Photo: Marc Piasecki/WireImage; Phillip Faraone/Getty

Johnny Depp and his legal team have reportedly been granted access to Amber Heard's phone records in an attempt to prove their claim that the actress "faked" photos of abuse.

A Virginia judge in Fairfax County granted Depp's attorneys access to the records to have an expert assess whether photos showing Heard's alleged injuries in 2015 were fabricated, according to The Independent.

"Ms. Heard's counsel has repeatedly used these phony photographs at deposition," Benjamin Chew, an attorney for Depp, said in the court filing, according to the outlet.

Attorneys for Heard, who have denied Depp's claims, and Depp did not immediately respond to PEOPLE's request for comment.

Page Six reports Chew alleged in the filing that when the LAPD responded to the 2015 incident between Depp and Heard, "they found no injury upon Ms. Heard and no disruption to the penthouses."

"Ms. Heard and her friends then fabricated photos that she used to obtain an ex parte TRO [temporary restraining order] and a $7 million divorce settlement," Chew alleged in his filing, via Page Six.

Heard's attorney Elaine Bredehoft told Page Six that Heard "welcomes the opportunity to present her evidence in a trial by jury, in a court of law" in 2022.

Johnny Depp

Bredehoft added, "This is a dirty strategy (after having been found to have committed multiple significant acts of domestic violence against Amber Heard) by Mr. Depp's legal team, to present false claims while avoiding accusations of defamation because of judicial immunity."

"While legal hearings are protected from defamation, they are not protected from leaks to the press, which is exactly Mr. Depp's intention—even though he lost every one of these arguments in the UK trial—his first choice of forum," Bredehoft stated. "He is trying to interject out-of-context and already proven to be false pieces from his unsuccessful efforts in court to attempt to deceive the public, pretending these issues have not already been fully tried, in his court of choice, where he lost. Now, in yet another court of law, he is unable to submit his own evidence because he has nothing to prove his claims."

Depp is suing Heard for defamation after the Aquaman actress wrote an op-ed for the Washington Post in 2018 about surviving domestic violence (Heard never named Depp in the op-ed, but she did accuse the actor of domestic violence amid their 2016 split, which he denied).

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In November 2020, the Pirates of the Caribbean star lost his case against the British tabloid The Sun, which called him a "wife-beater." The court upheld the outlet's claims as being "substantially true."

In August, a judge granted Depp the right to pursue his lawsuit against Heard, denying the actress' supplemental plea to dismiss the case after Depp lost his libel lawsuit.

Heard's plea to dismiss Depp's lawsuit, filed in Virginia in March 2019, came as the actress argued the U.K. judgment should hold sway on the proceedings in the U.S. since both lawsuits center on allegations of the actor as an abuser.

RELATED VIDEO: Johnny Depp Agrees to Resign from Fantastic Beasts Role After Losing 'Wife Beater' Libel Case

Three months after Heard's op-ed was published, Depp filed a defamation lawsuit against the actress for $50 million. At the time, Depp's lawyers said in the lawsuit, "Mr. Depp never abused Ms. Heard. Her allegations against him were false when they were made in 2016. They were part of an elaborate hoax to generate positive publicity for Ms. Heard and advance her career."

In response to the lawsuit, Heard's rep told PEOPLE in a statement at the time, "This frivolous action is just the latest of Johnny Depp's repeated efforts to silence Amber Heard. She will not be silenced. Mr. Depp's actions prove he is unable to accept the truth of his ongoing abusive behavior. But while he appears hell-bent on achieving self-destruction, we will prevail in defeating this groundless lawsuit and ending the continued vile harassment of my client by Mr. Depp and his legal team."

Following the loss of his libel case against The Sun, Depp attempted to appeal, but two U.K. justices​​ refused his application for a fresh trial on the grounds that a second hearing was unlikely to produce a different outcome.

Depp also agreed to exit the role of dark wizard Gellert Grindelwald in the Harry Potter spinoff series, Fantastic Beasts.

If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.

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