whatsoever. okay. thank you. it sound like they re bringing in the jury right now. the jury is coming in and getting situated and then we are waiting. joey, are we going to hear guilty or not guilty? are we going to hear that? this is a civil trial. it s assessed in terms of liability or not liable. liable or not liable. if you re liable you get to the issue of damages which are monetary. if not liable, there s nothing further to discuss. whether amber heard is liable or not liable. first johnny, are you defaming johnny depp and is johnny depp liable to amber heard. the standard of proof is not reasonable doubt. it s a preponderance of the evidence meaning is more likely or not. let s go back into the courtroom. can i have the attorneys roach for a moment. they re discussing something, and we done know what it is, and that s why they do it at side bar. i just want to mention there are seven members on this jury. it s not like a criminal trial. we know that there a
statement. damages have to be filled in. yeah, that s what i heard, and just to make the distinction as lonnie brilliantly explained, there s a couple of portions of damages, compensatory and punitive. compens compensatory damages are designed to make you whole, damages lost that are attributable to defamation. someone does something to you, you can pinpoint the specific amount. that s designed to compensate you. punitive damages are designed to punish you, to say what you did is wrong, and i m going to show how wrong it is by putting as many zeros as i can. before we go on or get too excited about that, if she says hey, you have it fill in the number amount, she being the judge, there was an assessment as to liability, we ve seen cases where you can be liable and the amount can be a dollar. and in fact, the judge just said that. lonnie, does this mean that we think that amber is going to be liable for damages or johnny depp or both? well, i don t know which side, but it s very
compensatory damages and punitive. there s a cap at $350,000, if they award more than that, the judge will lower to 350,000. for defamatory statement, one or more, you need to fill out the compensatory damages. it has to be at least a dollar for compensatory damages and whatever you feel the damages would be. and punitive damages, you can p, if i can have you retire back to the room and do that. it appears here that the form was improperly completed. maybe if there is some finding of damages here that they just didn t write it into the space. exactly. joey and i looked at each other because we don t know what the judge is saying, but she didn t say if you find damages. she put it as an affirmative
the jury has not returned. i want to continue our conversation with jean casarez, lonnie coombs and joey jackson. the judge said when you find for a defamatory statement, you have to determine what the damages are, even if it s as little as a dollar: the judge is back. she s likely going to call the jury back in. let s listen in. we re ready for the jury. they re waiting still for the jury to come in. that shouldn t take very long. hopefully they have the paperwork filled out properly this time. lonnie, how fertile is this period for an appeal, 15 minutes to figure out what the number is? well, look, jury instructions are very difficult to follow and verdict forms or finding instruction forms can be very difficult to fill out.
that they did find liability somewhere, and the arguments made by johnny depp s attorneys in the closing arguments, they said, look, all he really cares about is the liability. he wants to be able to tell his truth. he doesn t care about the money. you can come back with zero if you want. so maybe they decided, oh, we just have the find the liability and we re not going to worry about the damages. neither side really argued strenuously about the damages. i can see why the jury might have thought that s not the important part. we find the liability, and the way the forms are filled out, that s at the very bottom of the form, the damages part. they went through and found the liability, they may have thought, okay, that s the important part, we re not going to worry about the damages. it s interesting to see how long they will be in the room if they ve settled on a number, and just forgot to write it in, or in this moment, they re going to decide what that number is. we re going back to