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Amber Heard Cross-Examined by Johnny Depp's Lawyer | Part One - Day 17 (Depp v Heard)


39m read
·Nov 11, 2024

All right, are we ready for the jury? [Music] Thank you. So, all right, be seated. All right, next question. [Music]

Good morning, Miss Heard. Good morning. Your relationship with Mr. Depp began in October of 2011, right?

That's correct. And you previously testified multiple times under oath that the first year of your relationship with Mr. Depp was the best of times, right?

Mister, that is correct. You testified that, as far as you could tell, Mr. Depp was sober that first year.

That is correct. That's what I used to believe. And that the first year was, quote, magic?

Yes, I always estimated it was about a year. But now you've told this jury that Mr. Depp was being violent with you throughout 2012.

Haven't you, Miss Heard?

No, he took a break in the middle of 2012 when he was sober.

You told them that he was hitting you in 2012, though, is that right?

He was hitting me in 2012. He just took a break in the middle.

He was smashing things around you, right?

He did. And you told them that Mr. Depp was in and out of sobriety in 2012.

That is correct. You told this jury that, end quote, in 2012, I was in the beginning stages of this, just learning these patterns. I was learning that drinking kind of correlated with the violence, end quote.

Is that right?

That is correct. So it was during these cycles of violence in 2012 that you gave Mr. Depp a knife as a gift?

I gave him a knife, um, I think for a birthday present early in our relationship. I believe it was around 2012, but I'm not certain.

We've seen a picture of that knife, but I think we should bring out the real thing.

Master Deputy Halusa, Master Deputy Sheriff Elusa, may please have you show the knife to Miss Heard?

Yes, that's it. That's the knife you gave to the man who was hitting you, right, Miss Heard?

I wasn't worried he was gonna stab me with it when I gave it to him, that's for certain.

But you gave it to him while he was abusing you, allegedly?

I gave it to him that year.

Master Deputy Sheriff Lusa, will you please show the knife to the jury?

Thank you. This is the knife you gave to the man who would get drunk and violent with you, right?

This is the same knife that I gave him as a present in 2012, yes.

Now, Ms. Heard, I'm going to need to talk to you about what happened in Australia in March of 2015.

You've testified that, at some point during the incident you described, you witnessed Mr. Depp bashing the phone against a wall, right?

That is correct. You testified that the phone was breaking into pieces?

I was watching it disappear.

Now, Mr. Depp smashed it. I think your word was "smithereens."

Yes, that is correct. And according to your testimony, this was a wall-mounted phone in the bar area?

That is correct.

Let's take a look at defendants' exhibit 1820. I must believe this has already been admitted into evidence. If we could have it published. [Music]

Thank you. You saw this photo during your direct examination, right?

That is correct. And you testified that the wall-mounted phone that you saw Mr. Depp smash is on the wall on the left?

That's correct. So if you were looking at this picture, the wall-mounted phone would have been behind you on the left-hand side of your shoulder. But it's not depicted in this photo, correct?

Whoever took this photo was standing right in front of where that wall-mounted phone was.

It's convenient. Um, the pieces of the phone Mr. Depp smashed aren't in this picture either, right?

You don't see it because it's whoever took this photo standing in front of that. Whoever took this photo, it's Mr. Ben King, correct?

That's what I believe, yeah. Mr. King testified under oath in this trial, right?

That is correct. And he testified that there was no wall-mounted phone smashed to smithereens that he had to replace, correct?

I didn't hear him testify to that.

No, he did. The council elicited it.

I disagree with that representation.

You also saw this picture. Actually, can we please bring up defendants' exhibit 1821, which is also admitted into evidence? [Music]

You also saw this picture during your direct examination, correct?

That is correct. And so this is the bar area to the right of the wall-mounted phone you just described if you were facing in that direction?

If you're facing this direction, it would be behind you.

This phone on the counter isn't the phone that got smashed to smithereens, is it?

No, they brought that out, um, during my testimony in the UK as well, and I said this in the UK trial as well, that that is not the phone, obviously, because that one's not smashed and it's not wall-mounted.

Yeah, so there are two phones in the bar area?

There was a wall-mounted phone. I don't know if it was decorative or what, but it was white. Like, it looked antique, large, and antique.

The large and antique one that's not depicted in any photograph, including ones you took, is the one that Mr. Depp damaged, correct?

That is correct. I only took pictures of the mirrors, so there's no picture of that damaged phone.

I didn't take a picture of it, no.

Okay, so back to the phone smashing. You watched Mr. Depp smash the phone, right?

That's correct, I watched it. And you testified that you were, quote, "watching the phone every single time he pulled his hand back," end quote?

That's correct. And according to you, this is when Mr. Depp lost the tip of his finger, right?

It is my best guess. I didn't notice his finger come off. Obviously, I was, um, watching him smash the phone and watching the pieces break while he was doing it.

Well, it's not your best guess, Ms. Heard.

That is my best guess, yet.

Okay, let's go back to my questions. You submitted a declaration under the penalty of perjury in this case. Do you remember that?

That is correct.

Okay, let's look at that declaration. [Music]

Yes, ma'am, thank you. [Music]

If we could direct your attention, Ms. Heard, to page 14 of the declaration. Is that your signature?

Yes, it is. And your signature appears right under the statement, quote, "I declare under penalty of perjury under the laws of the state of Virginia that the foregoing is true and correct," that is correct, and this is dated April 10, 2019?

Correct.

Now let's look at paragraph 16, which is on page five, specifically line ten, quote, "You write, testify under oath while he was smashing the phone, Johnny severely injured his finger, cutting off the top of it," end quote. Did I read that correctly?

Yes, that's correct.

So you testified in this courtroom that after Mr. Depp smashed the phone, he held you down on the countertop by the neck. Do you remember that?

I'm not quite sure the exact sequence of things, but yes, both of those things happened.

We'll get to the sequence. And this is when Mr. Depp supposedly assaulted you with a bottle, right?

On the countertop. He assaulted me.

So Mr. Depp was able to get you on the counter, right?

He held me down by my neck.

And held you down by your neck, that is correct. And he grabbed a bottle, according to you, while holding you down by the neck, correct?

I'm sorry, can you clarify what you're asking me?

While Mr. Depp is holding you by the neck against the countertop, he grabs the bottle, that's your testimony?

No, those two things didn't happen at the exact same time.

No, while he—so he's holding the bottle, is that your testimony?

While holding you down by the neck?

Sorry, what was your question?

Your testimony is, Ms. Heard, that either he has the bottle before or after he's holding you by the neck on the counter. Is that your testimony?

He held me by the neck on the counter.

Where's the bottle?

At what point?

While holding you down by your neck?

When he was assaulting me with the bottle, it was in his hand.

Was it in his hand before or after he holds you down by your neck?

I was being held down while he assaulted me with the bottle.

When he puts you on the counter, does he have the bottle in his hand, yes or no?

As I have always said, I don't remember exactly what happened first. I don't remember the sequence. I just remember being aware that I was being assaulted by a bottle while I was on the countertop.

So he penetrates you with this bottle, but you don't know how he got the bottle?

Right, that is correct.

And he did that right after he lost the tip of his right middle finger?

Again, I don't remember the exact sequence of those events.

We'll get to the sequence. And while he was on 8 to 10 MDMA peel pills, right?

Yes.

Let's talk about the sequence. This is the sequence of events you testified to in this courtroom: that he smashed the phone to smithereens and then assaulted you, lost the tip of his finger, and then assaulted you with a bottle?

Yes, that's the sequence of events that you testify to in this room.

To be clear, you're putting it in order when you say words like "then."

I have never claimed that I can remember the exact sequence of these things. This was a multi-day assault that took place over three horrible days.

That's her worst thing ever.

We're not talking. That's not my question. My question isn't about the three-day assault allegedly that occurred. I'm just talking about the sexual assault that you now allege occurred.

Okay, correct.

Let's talk about the sequence. So you testified we gave it to you yesterday, court transcript.

Yes, do you have a copy of day 16 in front of you?

Day 16, yes, of course.

Yes, no, of the court transcript from this trial?

Oh, yes, I didn't realize that.

Yeah, let's look at the transcript.

So you testified on page 4506 [Music] so all right, there, okay.

The reason that we need to go through this, Ms. Heard, is because we understand that these are very serious allegations that you're making.

Right?

It was horrible what happened to me.

Yes, okay, so let's go through them.

Page 4506, line two through three, I sit here now, I apologize.

You testified on page 4506 this all started when Mr. Depp took 8 or 10 pills of MDMA, right?

That is correct.

Then directing your attention to page 4518, line 19, you talk about Mr. Depp smashing a wall-mounted phone, correct?

That is correct.

Then on page 4519 at line three, you testified that while Mr. Depp is smashing the phone, he is screaming, quote, "I fucking hate you," end quote?

Right?

Yes, he was screaming that among other things.

And further down on page 4519, same page, lines 12-19, you talk about how you watched Mr. Depp smash the phone to smithereens, right?

That is correct.

Then continuing on on the same page, 4519, line twenty, you say something really important, quote, "At some point he's on top of me, no phone, but screaming the same thing," end quote?

Right, I just remembered the sound, yes.

But you remember and you testified to this jury that he didn't have the phone in his hand anymore when he was assaulting you with the bottle?

He had the bottle in his hand when he was punching the wall with the phone.

He had the phone in his hand when he was punching the wall next to my head.

He had me by the throat.

He did a lot of things that night.

So you're acknowledging by this sequence, not my words, your words, Ms. Heard, that you testified to this jury, then Mr. Depp smashed the phone to smithereens before he assaulted you.

That's the way, that's the sequencing in which you testified, correct?

I have never testified to a sequence.

Keep talking about that sequence.

Then on page 21, starting at line three, you testify to being bent over backwards on the bar, right?

Okay. [Music]

[Music]

Directing your attention, Ms. Heard, to page 4521, starting at line three, you testify to being bent over backwards on the bar, right?

That is correct.

And then feeling pressure on your pubic bone like Mr. Depp was punching you?

Yes, that's what I thought.

And then further down on page 4521 and onto 4522, you testified that you were concerned Mr. Depp was using a broken bottle on you?

Yes, that was my fear.

Okay, that's what I remember feeling.

Let's heard, I'm going to show you defendants' exhibit 1816, which has already been admitted?

Yes, yeah, thank you.

You saw this picture during your direct examination, right?

I did. And you testified that this is a picture of the bottles that were next to Mr. Depp on a desk when you found him drinking in the morning, right?

Correct, and this was the morning after Mr. Depp had allegedly sexually assaulted you, right?

It was the morning after he did assault me, yes.

And if I understood your testimony correctly, you testified that this is the Maker's Mark bottle that Mr. Depp sexually assaulted you with.

I was never sure it was, but it was definitely that shape, felt like that shape.

But you testified in this courtroom that you had not seen this bottle until Ben King provided these photographs, correct?

And not in the course of the trial, I hadn't seen the photograph.

You claim you had serious injuries after this alleged incident, right, Ms. Heard?

Depends on what you would call serious for me. Um, you know, having a sore jaw and some bruises, uh, at the time of my relationship wasn't that serious.

Let's testify. Let's focus on the testimony that you gave about the injuries.

Mr. Depp, as you testified yesterday, wears rings on every finger, right?

Sometimes, I mean often, and certainly in the later part of our relationship, that was more normal than not, but if he's filming or something like that, of course, he's not going to have his own jewelry on.

Your testimony in this trial was quote, "I don't know if I've ever known Johnny not to wear rings," correct?

You need to put your microphone on, Ms. Heard.

Thank you.

Objection, improper impeachment.

That she's going to ask her question, that she has to show where that was, and then I'll rule the objection going. Thank you.

Your testimony yesterday was quote, "I don't know if I've ever known Johnny not to wear rings," right?

That's what I testified to, yes.

And he was wearing rings on every finger in Australia, correct?

Not all the time, not literally every single ring every single day, but he often wears rings.

Not often, Ms. Heard. Your words are, "I've never known Johnny not to wear rings on every finger."

That is what I testified too, okay?

And you testified that you bled as a result of this sexual assault, correct?

That is correct.

And you testified that your forearms were cut?

My forearms and my feet.

And your feet were sliced up, that's correct?

And you testified you had a bruise across your jaw?

That is correct.

And there is not a single medical record reflecting treatment for any of those injuries, is there, Ms. Heard?

I didn't seek treatment.

And the day after you sustained all these injuries, Dr. David Kipper came to the house in Australia, right?

Well, he came the third day along with security. The day after you sustained these injuries, Miss Dr. David Kipper came along with Nurse Debbie Lloyd, correct?

Well, that fight went into the morning, like early hour morning, so technically that last day, Dr. David Kipper is Mr. Depp's, or was Mr. Depp's physician, right?

I believe he still is, but he was at the time, yes, that's correct.

And he was also your physician?

He also saw me.

No, not saw you. He was your physician, correct?

Ms. Heard, uh, Johnny was the client, but he also treated me.

All right, let's please pull up. Do you remember giving testimony in this case in a deposition, Ms. Heard?

Yes, I do. I've given a couple.

If we could please pull up the deposition transcript, day two, um, at 589, lines six through eight?

Merry Christmas, thank you. [Music]

Thank you. Um, your honor, we're going to play Ms. Heard's deposition for the jury, uh, lines day two page 540, line six through nine. If we have permission to publish it.

Excuse me, I'm sorry, day two, page 589, line six through eight?

All right, could you just give us a minute?

Of course, 589.

I'm sorry, what were the lines again? Page 589, lines six through eight, did you say five forty or five, 589, lines six through eight?

All right, thank you.

Thank you. I have no objection here.

And he was your doctor at this point, right?

Yes, he was.

Debbie Lloyd also came to the house that day?

Yes, she came with Kipper.

Miss Lloyd is a nurse, correct?

That is correct.

Malcolm Connolly also came to the house that day?

Yes, that's correct.

Mr. Connolly is one of the security guards, correct?

That is correct.

You had known Mr. Connolly for years at that point?

Yes, that's correct.

You flew back to Los Angeles the next day with Ben King, is that right?

I can't be certain if it was the next day or the day after, but somewhere around there, yes.

And the day you arrived back in Los Angeles, you saw Travis McGivern, correct?

I don't recall seeing Travis, no.

You don't recall Mr. McGivern picking you up from the airport with Ben King?

I don't remember that, no.

Okay. In the same day, you also saw your own nurse, Aaron Brown, Pilates, that day, correct?

The day you arrived in Los Angeles?

I don't recall if I saw her that day.

You saw Ms. Pilates' testimony in this case by a video deposition, correct?

That is correct.

And you heard her testify that she saw you the day you arrived back from Australia on March 9, 2015?

I believe she testified that she came to dinner where I was with friends, I believe that.

So she saw you that day?

I believe that evening I saw her at dinner.

Okay, and then you saw Aaron Brown Pilates again the next day for a private meeting, didn't you?

I’m not sure if that's what she testified to. I'd have to just see the records to know.

You heard her testify, according to her notes, she met with you privately on March 10, 2015?

She met with me at some point upon my arrival, but I don't remember the exact date.

And when you were in Australia, Ms. Heard, you didn't take any pictures of the injuries you claimed to have sustained, right?

I did not take any pictures, no.

But you did take two pictures of the mirrors?

I took two pictures of the bathroom mirrors that, um, was the master bathroom where I was.

Let's please pull up defendants' exhibit 374, which is already in evidence.

You took this picture, right, Ms. Heard?

Yes, that's correct.

And this is a mirror in the bathroom in Australia?

That's correct.

And this black paint on the mirror is from Mr. Depp?

That is correct. He wrote on the mirror in black paint after his finger was cut off, right?

Yes, uh, I only know that because there was blood as well as paint.

So you took this picture after Mr. Depp had injured his fingers, correct?

This was while I was packing, when I was leaving.

That's right, that's what's the question.

I'm sorry, you took this picture after Mr. Depp had injured his finger?

That's correct.

And you took this picture after you had allegedly been assaulted by Mr. Depp?

Yes, that's correct.

You didn't capture yourself in the mirror, did you?

I don't see myself in the mirror, no.

Okay, let's please pull up defendants' exhibit 375. [Music]

You took this picture as well, right, Ms. Heard?

That's correct. And this is from one of the bathroom mirrors in Australia?

That's correct. This is also a picture taken after Mr. Depp had injured his finger?

That's correct. And this is also a picture taken after you have allegedly been assaulted by Mr. Depp?

That's correct.

You didn't capture yourself in the mirror in this picture either, did you?

I do not see myself in the mirror in that picture.

Is that because you didn't have any visible injuries on you?

Because I was taking a picture of the writing.

Let's talk about the writing on this mirror.

So the writing in black paint is from Mr. Depp, correct?

It's all from Mr. Depp. And it's your testimony under oath that you did not write the red text that says, quote, "Call Carly Simon. She said it better, babe," that's correct?

Because if you did write that, it means that your husband was walking around the house bleeding from his amputated finger and you're writing snarky messages to him on a mirror, right?

I don't know what your question to me is. I'm sorry.

Let's please take a look at defense exhibit 1830, and I believe this picture is also admitted into evidence.

That's correct.

This is a picture of the same mirror, right?

That's correct.

But you didn't take this picture?

No, I did not. This is the one that Ben King took, and I don't see him in the mirror either. [Music]

He's, I don't believe he claimed he had injuries, though, is that right?

I did not hear Ben King talk about his injuries, no.

Okay, so you would agree, Ms. Heard, that the black text on the mirror says, quote, "She loves naked photos of herself. So modern, so hot." [Music]

I had not read that yet. I mean, before, but yeah, that's what it says.

But you were taking pictures of the text, but you had not read that before?

I haven't seen this. It didn't make sense to me at the time when I read it in person.

Okay, again, Mr. Depp wrote that.

I don't know who else would have.

So, Ms. Heard, just to be clear, it's your testimony that Mr. Depp also wrote the message in red about Carly Simon saying it better, right?

That's correct.

You know Carly Simon sang the song "You're So Vain," right?

I was told that.

So it's your testimony that Mr. Depp was writing messages to himself in the mirror back and forth?

The best I can describe it is it looked like a crazy conversation. It was on the walls within slams, shades. It was on cushions.

It's your testimony the crazy conversation was with himself?

That's what it looked like from the bloody messages I found.

And you would agree with me that in this photograph, the red text has been smudged with black paint, right?

Yes.

Okay, let's please pull up, if we can, defendants' exhibit 375 again.

The smudge isn't in the picture that you took, right?

That's correct.

So Mr. Depp must have not liked his own message to himself?

I'm not quite sure what was happening when Ben took that photograph.

No, okay, let's please pull up plaintiff's exhibit 343, which is already in evidence, and play the portion from 1:57:21 through 1:58:54.

It's recording, your honor. It's not to get you mad. It's nothing. It's just to get out of a bad situation while it's happening before it gets worse.

In Australia, when we had the big fight where I lost the tip of my finger, at least five bathrooms and two bedrooms, I went to two to a boy talking to me to escape the fight.

You don't escape the fight; you escape the solution.

You escape figuring it out.

We cannot work it out if you run away to the bathroom every time.

Listen to me, listen to me. The boxer can't go 12 rounds without a fucking minute break.

I'm not not giving you a minute break. You do it at minute three at the beginning of an argument. There are rounds, man.

And when it gets too fucking hairy, the ref splits them apart or whatever. But I'm all I'm saying is, you can't have a solution if [Music] the argument just keeps mounting and mounting and mounting and mounting.

I fucking go into the bathroom and sit on the floor. Bam, bam, bam, here you come.

I come out, fight, fight, fight, crazy escalated. I go split again, I go to another fucking bathroom or a bedroom or something.

Knock, knock, knock, bang, bang, bang.

You kept coming to get me.

Every—this is what really happened in Australia. Isn't it, Ms. Heard?

Uh, I did knock on a bathroom door on the first night.

Knock on a bathroom door? Five bathroom doors and two bedrooms, uh, is not an accurate historian of what happened.

It's heard, uh, Mr. Time, it's heard.

That's not my question. Five bathroom doors, two bedrooms. That's what you knocked on. That's what actually happened in Australia, isn't it?

I was there. I remember it. I knocked on one bathroom door.

I came on the first night after he decided to take the bag of MDMA.

And I heard to check this.

I'm going to move to strike everything after I knocked on one bathroom story.

She's answering the question.

Not quite.

So I will sustain the objection. Just answer the question.

Okay, ma'am, the recording we just listened to, that's exactly what happened in Australia.

Mr. Depp lost the tip of his finger after you threw a bottle at him, isn't that right?

That is incorrect. You're the one who assaulted someone with a bottle in Australia, isn't that right, Ms. Heard?

I didn't assault Johnny in Australia. I didn't assault Johnny ever.

I couldn't!

And then after he was injured, he had to hide from you, right?

That is five bathrooms, two bedrooms. That is incorrect.

And you would pursue him, that is incorrect because he was avoiding talking to you, right?

He did that first night when he was avoiding.

And he was avoiding working it out?

No, he was avoiding agreeing to not fight about the drugs.

You weren't scared of him at all, were you?

I have a, uh, a mixed relationship with Johnny, and one in which I'm scared, one in which I love him very much.

I'm not talking about your mixed relationship that night in Australia after you cut off his finger with a bottle. You weren't scared of him at all, were you?

This is a man who tried to kill me! Of course it's scary—he's also my husband!

That's right.

I'm going to show you what's been marked as defendants' exhibit 371.

I do not believe these have been admitted into evidence?

No, I don't.

Okay, I don't have them. If we can scroll down, please. [Music]

If you don't have your microphone on, I cannot hear you.

You still don't have it on.

Redact.

Oh, I need to take a look at the unredacted.

Permanent honor, just bear with me.

All right, I'm not admitting that into evidence yet.

I would like to just talk to the witness about it if I could.

Thank you, your honor.

Mister, I'm going to show you what's been marked as defendants' exhibit 371. Do you recognize these text messages between you and Dr. Cowan?

I don't recognize these, no.

Who's Dr. Cowan?

He was my therapist that was recommended to me from Dr. Kipper. He and Dr. Kipper worked together.

He was your therapist at the time, correct?

That's correct.

And you had been seeing him for almost a year in March of 2015?

My guess would be about six months at that point.

Your text messages aren't great, correct?

You're—I'm going, I'm going to ask that she show her the unredacted so that she can see the text exchange back and forth because she wants to talk about it later.

That's good. Thank you. Pull it up.

[Music]

Seeing these unredacted messages just this refresher recollection that these are indeed communications between you and Dr. Cowan?

Yes, that's correct.

Okay, doctor, your text messages aren't great, correct?

Yes, that's correct.

And Dr. Collins are in blue?

That is correct.

Okay, do you see the text message at the bottom of the page from March 8, 2015, at 8:29 p.m.?

Yes, that's correct. March 8th is the day that you were allegedly sexually assaulted by Mr. Depp in Australia, correct?

That is correct.

So on March 8th, 2015, you were in Australia?

That is correct.

And Mr. Depp's finger had just been cut off, right?

That is correct.

And you write to Dr. Cowan, quote, "I feel so lost. I can't talk. I don't know if I'll ever be able to change," end quote. Did I read that correctly?

That's correct.

You weren't able to change, were you, Ms. Heard?

I very much wanted to leave the relationship I was in, but I didn't have the power.

I didn't feel I had the power to leave.

I knew I was in a very toxic relationship with Johnny, and I knew I needed to change that.

I knew it was at this point horrible for me, and I talked to my therapist often about that.

Exhibit defendants' exhibit 371 as redacted with just Ms. Heard's messages?

All right, your honor, I object because she has left out the next two lines for Ms. Heard that clarify even further, and I also think Mr. Collins—

So your honor, I'm going to move to admit defendants' exhibit 371 as redacted.

All right, 371 in evidence as redacted over objection.

Yes, ma'am. If you can publish that to the jury, thank you.

So you write, Ms. Heard, to Dr. Cowan, "I feel so lost. I can't talk. I don't know if I'll ever be able to change," right?

And I said I clearly can't figure this out, meaning the relationship.

You didn't say that.

I did not.

The relationship—the text messages, clearly I can't figure this out. I feel so lost.

Right now, what I was saying to him?

No, no, no, no. I get hurt. That's not my question.

The text, just the text.

That's what you were saying, what you texted.

Clearly, I can't figure this out. I feel so lost right now.

That's—that's what I was saying.

Okay, thank you. That's where do you contend, your honor, just for clarification?

So those two next lines did come in. They are in the red.

Okay, good. All right, thank you.

Mr. Do you contend that there's another incident of abuse in March of 2015 after you and Mr. Depp returned from Australia?

Is that correct?

That's correct.

And this incident took place on March 23, 2015?

That's correct.

And this supposedly occurred in the penthouse at the Eastern Columbia Building?

That's correct.

You had found text messages between Mr. Depp and another woman, right?

That is correct.

So you confronted him about cheating on you?

That's correct.

And this was about two weeks after you had returned from Australia?

That's correct.

So this is shortly after Mr. Depp supposedly sexually assaulted you with a bottle, right?

It was two weeks after he assaulted me, yes.

And you decided to confront him about cheating on you?

Um, I didn't decide to. I wanted to.

Mr. Depp's finger was freshly injured at this point, right?

He had a cast on it. The top of his right finger had been cut off two weeks prior, that is correct.

And he had a pin in his finger, true?

I don't recall when the pin was placed.

A skin graft?

I'm not quite sure. He had several different procedures, and they were kind of spread out over a period of time, so I don't remember what happened and one of them exactly procedures was to treat the MRSA that got on his finger too, right?

At some point, I knew he had an infection, and his right hand was in a bandage, right?

It was casted.

So it's your testimony that Mr. Depp was able to attack both you and your sister with his hand in that state, right?

That is correct.

He had a hard plaster cast on it. Debbie Lloyd was present in the penthouses when Mr. Depp supposedly attacked you, isn't that correct?

That's correct.

In fact, you claim that Mr. Depp threw a Red Bull can at Miss Lloyd that evening?

Yes, that's correct.

And you put in a sworn statement to that effect in the UK case, right?

That is correct.

But that's not true, is it?

That's what happened.

You know what a deposition is, right, Ms. Heard?

I've had several, yes.

Yeah, so you know it's when someone provides testimony under oath?

That is correct.

You're aware that Miss Lloyd was deposed in connection with this case, correct?

That's true.

And Ms. Lloyd's deposition testimony was played earlier in this trial, right?

I'm getting Jack Channel. May we approach?

All right.

So in a deposition, Ms. Heard, you know it's when someone provides testimony under oath, right?

That's correct.

You're aware that Miss Lloyd was deposed in connection with this case?

That's correct.

And Miss Lloyd's deposition testimony was played earlier in this trial?

Yes.

So you heard Ms. Lloyd testify under oath that Mr. Depp never threw a can of Red Bull at her?

I can't remember if she didn't run if she didn't recall that or if she said it didn't happen. I don't remember.

I vaguely said she didn't recall anything.

So it's your testimony that Ms. Lloyd would forget that Mr. Depp, a very famous patient of hers, threw a can of Red Bull that nearly missed her, according to your version of events?

To be fair, I just don't remember if she said when she testified that she didn't recall that incident or if it didn't happen.

I don't remember what she testified to, but I have a vague sense she didn't recall much at all.

She recalled, and she testified in this courtroom that Mr. Depp never threw a can of Red Bull at her.

That was her testimony, wasn't it?

I don't recall what her testimony was with regards to that one incident, no.

You actually filed a complaint against Ms. Lloyd's nursing license right before she was supposedly deposed in this case, didn't you?

No, I don't—I don't believe I did.

Are you aware that someone filed a complaint against Ms. Lloyd's nursing license in connection with her care of Mr. Depp for failing to report abuse?

No, I had no idea.

You're the first person to let me know about that.

Is your testimony, Andrew, that wasn't you?

That is my testimony. I didn't even know about that until now.

Travis McGivern was also present when Mr. Depp supposedly attacked you, correct?

He walked in at some point.

And you heard his testimony that it was actually you who punched Mr. Depp, isn't that right?

It's always been my own testimony that I hit Johnny.

And you who was throwing things at Mr. Depp?

I hit him in defense of my sister.

I didn't have anything to throw at him.

I never threw anything at him.

I hit him when he attacked me and my sister, specifically when he moved for her.

That's when I hit him.

So it's your testimony, Andrew, you threw nothing at Mr. Depp?

Mr. McGivern's line, I have thrown things at Johnny?

No, no, no, no, no.

I'm clear not about that patient that evening.

Not that acute. Not on that occasion.

So it's your testimony Mr. McGivern imagined that you were throwing things at Mr. Depp from the mezzanine level down towards where Mr. Depp and Mr. McGivern were standing.

Well, he certainly wasn't going to say it about his client.

Mister, you and Mr. Depp kept a journal together, didn't you?

Yes, we did.

You wrote each other messages in that journal, right?

That is true.

If we could please pull up plaintiff's exhibit 91?

I'm only going to be showing you throwing portions of this, so if we could please call this plaintiff's exhibit 91A.

This is the journal that you and Mr. Depp kept with each other in electronic form, correct?

That is correct.

And if you—we could scroll through these are all entries that you made in the journal, correct?

Is it done?

Yes, I'm going to move for the admission of plaintiff's exhibit 91A, and I've gone ahead and redacted Mr. Depp's writings on hearsay grounds.

I'm going to object.

Okay, um, let's start with the first page. It's a picture.

Your honor, it's the picture. They haven't given me the pages yet.

Writing them down.

Sorry, Judy, let's write him down first.

Thank you.

All right, if we could please publish this to the jury. 91A in evidence.

Thank you, over objection.

This is a picture that's on the inside cover of the love notebook, correct?

That's correct.

This is a picture of you and Mr. Depp, that's correct.

You're in Australia in this picture, aren't you?

Yes, but that's much later once we returned.

You can see that Mr. Depp's right hand is bandaged, right?

Yes, that's correct.

That was after it had recovered significantly.

That's not what it looked like during the incident we were just talking about.

So this is a picture after the events in Australia in March of 2015, correct?

Yes, that photograph was taken months later.

We have the jury look at that photograph again, please.

Let's now turn to page three. This is a note you wrote in the journal to Mr. Depp, correct?

That's what it looks like, yes.

This is actually the first note you wrote to him in this journal?

I don't remember what the first note was.

The date on this note is May 22, 2015.

Correct, that is correct.

That was during our honeymoon period.

This is just a little bit over two months after the events in Australia in March of 2015, right?

That's correct.

We were back in a honeymoon phase.

That was the period of sobriety I spoke about yesterday when Mr. Depp—after Mr. Depp had allegedly assaulted you with a bottle, right?

It was after the stairs, and it was after the Australia incident, yes.

And he got clean and sober and we went back to Australia.

It's also two months after Mr. you punched Mr. Depp because you allegedly thought he was going to throw your sister down the stairs, right?

I hit him when he swung at my sister.

And this is written months later?

Yes.

You thought he was going to throw your sister down the stairs like he had thrown Kate Moss down the stairs, right?

He swung at Whitney, and I had heard a rumor, a vague rumor about that, and so it's what I thought.

Of this first message to Mr. Depp in your journal, you write quote, "True love isn't about just the madness of passion or instead picking the safety of peace. No, it's about having both. Falling madly in love with your friend that is what has surprised me perhaps most that I have seen in you the true bones of friendship and respect. But of course, I still, perhaps more than ever, want to rip you apart, devour you, and savor the taste. Fret not, xx, slim."

Yes, it's a love note. Did I read that correctly?

Yes, you did.

And you're slim?

That's correct, Mr.

I'm now going to ask you to take a look at the very last entry you wrote in this journal, which seems to be from April 8th.

That would be April 8th, 2016, correct?

I'm not quite sure. I don't see the year written on there, and I don't recognize it.

Yet it would be a couple weeks, April 8th would be a couple weeks before your birthday, though, right?

That's correct.

Just to confirm, this is a note you wrote to Mr. Depp, right?

That's what it looks like, yes.

And on the second page of this note, you wrote the following, quote, "I'm sorry I can get crazy. I'm sorry I hurt you like you. I can get wicked when I am hurt, when I feel provoked, shattered. And last night I was—I felt abandoned about the Lily Rose thing, felt absolutely bewildered about your not coming home on my last night here and was heartbroken and angry after many attempts in vain on my part to rectify the situation and make amends on the last night of what was otherwise a gorgeous trip with you. I am so sorry for my part. None of this is meant to be an excuse for hurting you because the truth is nothing is. There is never a reason good enough to hurt you. You are the last thing in the whole world who deserves it, the last person I ever met to hurt. I love you, Steve. I am forever yours, slim."

Did I read that correctly?

That's correct, Mr.

Let's take a look at defendants' exhibit 423, which is already in evidence.

This is a picture of you with what appears to be straight red marks on your arms, correct?

Those are scars from the broken glass.

And they're straight and red, right?

I, um, I disagree with how you characterize that, um, but they are red, yes.

And they're on your left arm?

Yes, that's correct.

Do you have a history of cutting yourself, don't you?

I do not.

You cut your arm once as a teenager, isn't that right?

No, I said I wanted to. Um, when I was put on birth control pills when I was a teenager, I got—I felt crazy and I said I felt suicidal.

It's your testimony under oath that you didn't report to Dr. Hughes, your retained psychologist, that you had cut yourself as a teenager once?

I said I had told my mom that I wanted to when I was a teenager.

Ms. Heard, we heard some testimony from you yesterday about a trip you and Mr. Depp took on a train in Southeast Asia. Do you recall that?

Yes, that's correct.

That was when you and Mr. Depp went on your honeymoon trip, correct?

That's correct.

And that was in July of 2015?

Yes, that sounds right.

Let's take a look at plaintiff's exhibit 162, which is already in evidence. [Music]

You were here in this courtroom, right, Ms. Heard, when Malcolm Connolly testified to taking this picture?

That's correct.

This picture shows an injury to Mr. Depp's face, doesn't it?

I disagree. I've seen in this picture.

Okay, I've seen—I got a picture before, and you're just not injured in it.

He's not injured in this picture.

That's your testimony?

Fine.

This one is photoshopped, Ms. Heard.

I have your answer, thank you.

This is the only photograph from our honeymoon that shows someone with an injury, correct?

That's not true.

We haven't seen any photos of injuries to your face from that train trip, have we?

I don't believe my face was injured on that trip.

Let's take a look at exhibit 91A at page 46.

Going back to the love journal, this is a note from you to Mr. Depp, right?

That is correct.

This is a note you wrote on July 22, 2015?

That is correct.

And it starts off with the words, "My husband, happy honeymoon," right?

That's correct.

It's heard, please take a look at plaintiff's exhibit 91A at page 67.

This is another note from you to Mr. Depp in your journal, right?

That is correct.

And this one is dated August 1, 2015?

That's correct.

And you write, "That's enough, you've held this book hostage long enough. Although I can't wait to read my note, I also couldn't wait to tell you how much I adore you. What a beautiful, extraordinary, magical, memorable, wonderful, stunning, surprisingly evolving and impulsive adventure I couldn't have imagined a more gorgeous honeymoon. I love you more and more every passing day, xx slim."

Did I read that right?

That is correct.

Let's take a look at the journal entry starting on page 68. [Music]

This is another entry from you writing to Mr. Depp, right?

That is correct.

And this one stated August 2nd?

That is correct, yes.

And this one is longer, so let's go to where it ends on page 70 of the journal. [Music]

And you write, quote, "I hope that things said in anger and pain were just that and that you miss and love me too, and that is what matters most to you. You may say you stand by everything you said and did and that there is nothing you can learn from this, but I don't feel that way, and it's important for me that you know that I love you and I'm sorry. I miss my warm, loving husband, xxx slim."

That is correct and sad.

The word sad is crossed out?

That is true.

Next, we have a journal entry from you on page 89.

This one's—this is another note from you to Mr. Depp.

That is correct.

The whole book is love notes?

So this is dated August 15th, correct?

That is correct.

And here you write, quote, "My love, why do we fight ever? Why? I love you more than anything else. Are we that uncomfortable with being vulnerable? Were we scared? Or is it something else? I don't know, but I'm sure of one thing, and it's that I can't imagine living. I can't imagine my life without you. I love you. I will do better. I am sorry, x slim."

Did I read that correctly?

That is correct.

It's your testimony that this was a love journal?

That is correct.

It was primarily love notes and apology notes from you to Mr. Depp?

The book was more of a love notebook, um, and part of that communication, obviously, since we fought so much, it was important for me to, um, you know, try to nurture as much peace as we possibly could.

And when things were good, they were really good.

It was also an opportunity for you to apologize to Mr. Depp for your behavior, isn't it?

I think it's important in every relationship to apologize when you're trying to move past fights.

Let's look at an entry from August 17, 2015, starting on page 90.

Here you write, quote, "I'm sorry I shook the wheel so hard. I'm sorry we've tested the shocks and brakes to this point. God damn I love you, Johnny. I love you. I am tied to you forever. You know that. So I'm tasked with making this work for that reason and many others of which there are many. Let me try to fix this. Let me try to patch this. Let me try to make your heart better. You deserve it. Hell, maybe even I do. I need you. We need each other. You're my cornerstone, my heart, my all. You're my life. I hate it when we fight. I hate having you hurt. I hate that you're hurting. I love you more than anything. Let me prove it. I need you. I love you, slim."

Should I read that correctly?

Yeah, another example of me trying to fix it.

I was always trying to fix it.

Fix it by apologizing for your bad behavior?

I tried everything. I tried apologizing. I tried reading. I tried therapists. I tried everything to fix it.

Yet you couldn't change like you told Dr. Cowan, right?

I couldn't change my relationship.

Let's talk about December 15, 2015. Again, Erin Felati, your personal nurse, saw you two days after the incident on December 15, 2015, isn't that right?

She did not see me as in a medical visit. She just dropped off meds in the late at night.

She saw you personally, though?

She physically saw me but did not see me in a medical sense the way a doctor might see a patient.

She did not see me in that way.

She was your personal nurse, right?

She was a nurse assigned to me. I didn't hire her. Johnny did.

She was assigned to you, and so when she would see you, it would be physically in person in your home and traveling, correct?

She would sometimes see me as, like, a medical professional would, and then other times she would just drop off meds and physically see me, like, as in with her eyes.

You testified that during the incident on December 15, 2015, Mr. Depp broke the bed, correct?

That is correct.

And more specifically described that he broke the bed frame with his boot while trying to get purchase, is that correct?

Yes, that's correct.

Let's take a look at defendants' exhibit 509, which is already in evidence.

Could we please have that published to the jury?

Thank you, Ms. Heard.

This is a picture that you indicated depicts the broken bed, right?

That's exactly it.

It's your testimony that Mr. Depp caused this damage to the bed with his boot, right?

I did.

Is that a pocket knife on the bed there?

I cannot tell what's on the bed.

Did you use that to damage the bed?

I did not damage the bed. Johnny's boot did when he was punching me.

I could feel him slipping.

Mister, do you also testify that there was blood all over the pillows on the bed, correct?

On the pillow top, yes, that's correct.

But you didn't take a picture of that, though, did you?

I did not take a picture of that.

About a week after the December 15, 2015 incident, you went with Mr. Depp and his children to the island of the Bahamas, is that correct?

To celebrate Christmas. The incident was on the 15th, and we went on the 23rd, I believe.

While you were there, you did a photo shoot with Greg Williams, correct?

A few days later, I think the photo shoot was about two weeks after this assault.

Let's please pull up plaintiff's exhibit 99.

This is a photograph of you on Mr. Depp's island shortly after December 15, 2015, correct?

No, this was taken weeks later on the island on that trip.

It was taken on the island on that trip, yes.

Weeks later?

Weeks later. December 15th, you travel to the island December 23rd.

That's your time?

It's my recollection that this picture was taken on New Year's Eve or the first day of the year.

I think New Year's Eve, and this is the photo shoot with Greg Williams?

That is correct.

I'm going to move to admit and publish?

No objection?

All right, 99, we can publish.

Can we please have a zoom-in to Ms. Heard's face?

Thank you, Tom.

Let's please pull up plaintiff's exhibit 100.

I'm going to move to admit and publish?

No objection?

All right, 100, in evidence. You can publish.

That's right. This is another picture of you from that photo shoot, correct?

Yes, this is the same photo shoot that you asked me about earlier, and this is, um, several weeks later, right?

If we could zoom in on Ms. Heard's face, thank you, Tom.

Let's please pull up plaintiff's exhibit 101.

I'm going to move to admit and publish?

No objection.

All right, 101, in evidence. Can publish. [Music]

If you could please scroll, zoom in, excuse me, Tom, on Ms. Heard's face.

Is your testimony, Ms. Heard, that you were wearing makeup for this photo shoot?

That is correct.

It's a photo shoot?

Who could please pull up exhibit 102?

Ms. Heard, is this another picture from the photo shoot?

I can't exactly tell from the background.

It looks like the same thing, but I can't really tell without it being zoomed out.

This is a picture of you, though, right?

It is a picture of me, yes.

I'm going to move to admit and publish?

All right, any objection?

I'm not going to object because she identified herself.

I just, if she could identify when it was taken, that would help.

Okay, there we go, 102, in evidence. You publish.

Let's please pull up plaintiff's exhibit 103.

Ms. Heard, this is yet another picture of you from that Greg Williams photo shoot, correct?

That is correct.

This is from the same shoot?

I'm going to move to admit and publish?

No objection?

All right, 103, in evidence. Publish.

And again, if we could zoom in on Ms. Heard's face.

And finally, if we could please pull up plaintiff's exhibit 104.

Ms. Heard, this is a picture of you from that photo shoot, correct?

Again, this is the same photo shoot weeks later?

I'm going to move to admit and publish?

No objection?

All right, 104, in evidence. Thank you.

Again, if we could zoom in on Ms. Heard's face.

Thank you, Tom.

You testified that you and Mr. Depp got into a fight while on the island in December of 2015, correct?

That's correct.

And this all started because you perceived Mr. Depp as nodding off during the trip, right?

I thought he was passing out, again, in a similar fashion to what he had done the previous year.

And when he nodded off, he spilled wine on you, correct?

Yeah, two or three times in a row.

You testified that Mr. Depp's son Jack was there when this happened, right?

At the beginning, he was there.

He was there when Mr. Depp allegedly spilled wine on you two or three times, right?

He was there for that because he offered me help, right?

You also testified that Mr. Depp then sexually assaulted you in the bathroom, correct?

That's correct.

You testified that after this, you needed to get away from him, right?

That is correct.

So you ran out of the house?

That's correct.

And you admit you threw something at him, right?

I did throw something at him to get away.

You sat in this courtroom when Tara Roberts testified, right, Ms. Heard?

I did, she's Mr. Depp's manager on the island.

Yes, that's correct.

You heard her testify that she witnessed an argument between you and Mr. Depp on the island in December of 2015, right?

I, yes, that's correct.

Yes, and you heard her testify that Mr. Depp was trying to escape you, right?

I don't know if—I don't know if she characterized it like that, but that was the gist of it.

She kind of misrepresented it to seem like that, yes.

She misrepresented it?

How can be correct?

Okay, and then you kept apologizing to Mr. Depp, right?

That's what—No, that's what Roberts said.

Begging him to come back to the house with you?

That's not correct.

Crying at him?

She used those words.

That's not correct.

When she interrupted us, Johnny had me by the hair, yelling at him.

We were screaming, both of us, but I don't know what she would have heard.

And that you—she observed an injury on Mr. Depp's nose from something that you threw at him, right?

I don't know what she observed.

You also heard Ms. Roberts testify that she included all this information in a sworn statement in the UK in May of 2020, isn't that right?

That is correct.

You put in a witness statement in response to Ms. Roberts' statement in June of 2020, isn't that correct?

In the UK, I made several—I did several, I think seven witness statements, and each one contained different information as per recent filings.

That's what counsel has you do, and in response to previous violence, correct?

Including testimony from people that contradict your story?

Sort of. So what you have to do is your counsel asks you to respond to things, and you put it in a declaration of sorts, and that happens back and forth over the course of preparing to go to trial in that country, and that's what I did.

So that was your fifth witness statement submitted in the UK?

I don't recall which one I was asked to comment on Tara Roberts' testimony.

I'll remind you.

Um, if we could have Ms. Heard's fifth witness statement from the UK?

Yes, ma'am. All right, thank you.

Thank you.

Directing your attention, Ms. Heard, to page six of your fifth witness statement. It's here that you describe the December 2015 incident, correct?

On the island?

I haven't read through the statement. I just don't know if I had commented on it before in a previous witness statement, as I said there were several.

But starting on page six, Ms. Heard, you describe the incident that took place on the island, correct?

That's correct.

But what I'm trying to say is, I'm not sure if I'd describe it in full in this statement.

I'm going to show you your confidential schedule to the fifth witness statement that accompanied the fifth witness statement in the UK.

Thank you.

Thank you.

Thank you.

And the confidential schedule to your fifth witness statement, paragraph one on page twenty-one, you describe Mr. Depp sexually assaulting you in the Bahamas in December 2015, right?

That is correct.

And that's the first time you ever claimed that Mr. Depp had sexually assaulted you in the Bahamas?

That is incorrect.

You only submitted the confidential schedule in the UK claiming Mr. Depp had sexually assaulted you after Ms. Roberts had said that she saw you on the island chasing, clawing at Mr. Depp, isn't that correct?

That is incorrect.

Who could please pull up plaintiff's exhibit 394?

So your honor, um, this is another recording. I can represent to the court this only contains Mr. Depp and Ms. Heard's voices. I'm going to move to admit the entire recording.

I'm only going to play from 1:17:14 through 1:20:02.

All right, any objection?

Um, which—what plaintiff's exhibit you're on?

394.

I think I have no objection.

All right, I'll go with that.

All right, 394 evidence.

Thank you. [Music]

And since I have been doing the same, what things have you been doing?

We're working on these things, trying to change. [Music]

Hence, screaming when I spilled wine accidentally on you from falling asleep and screaming in front of my kids and freaking Jack out.

And that's trying to appreciate.

Yeah, you're right, you're right.

That fucked him up.

You know, I'm sorry I fucked your son.

No, it's, it weirded him out.

He'd never seen, so it didn't fuck my kids up, but it was pretty fucking weird for him, you know?

Because I jumped up and screamed. [Music]

You're right.

You're clever with comebacks.

No, you think you're controlling yourself.

You think you're controlling yourself?

Become so clear, especially when you use them.

It's embarrassing for you.

I'm going to walk away now because you're actually making me see you even worse and believe in me.

I'm not going to be calling you at three o'clock in the morning.

I'm driving an Ambien and think I'm going to just fucking forgive me.

Trust me, it is gross how you're using your kids.

I've done nothing but be there for them in a good way.

And if you take that for granted, fine, you're right.

Meet a woman who would not jump up and scream if she thinks pulled on three times in a row.

And I hope— I hope you're happy with whoever that is, because that would be a special kind of fucking person.

It's even Mr. Depp in that recording, right?

That's correct.

And you're discussing what happened in the Bahamas in December of 2015, right?

Uh, no, that's not correct.

We were discussing a part of it.

You're discussing when you screamed at Mr. Depp in front of his children, correct?

No, we were talking about a part of that argument including when he screamed at Mr. Depp in front of his children.

That's not a fair characterization of what happened.

Mr. Depp says you screamed at him when he accidentally spilled wine on you, correct?

I realize that's what Johnny said, yeah.

And Mr. Depp tells you that this freaked out his son Jack?

Johnny often used other people to back him up in our arguments.

You don't seem too concerned about that, do you?

I had a lot of concerns.

You don't seem—you don't mention Mr. Depp sexually assaulting you in this recording, do you?

That was not the point of that conversation.

If I had gotten into the details of what happened to me with him, it would have been another fight.

You just accused Mr. Depp of, quote, "using his kids," right?

And that recorded often used other people?

Yes, and you challenge him to find a woman who will not, quote, "jump up and scream if she has been spilled on three times in a row," right?

That is correct.

Not a woman who would put up with sexual abuse, right?

I was pointing out the ridiculous nature of him expecting me not to react to something that basic.

Your honor, would this be a good time for a break?

All right, we can do that.

Thank you, John.

All right, ladies, let's go and take our morning recess for 15 minutes.

Do not discuss the case with anybody, don't do any outside research.

We'll see you in 15.

Okay, [Music] all right, let's go ahead and come back at 10:47 then.

All right, 10:47.

Thank you.

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