EMAILS Lee Sherman Jennifer Robinson re Laura Divenere (feb 28, 2020 – 12 h, mar 5, 2020 y)

Description:

86(a) Emails between Lee Sherman and Jennifer
Robinson 28.02.20-05.03.20

2nd March 2020 - Email Jennifer Robinson to Lee Sherman

Dear Lee
Thank you for making the time to speak today - and my sincere condolences again.

As discussed, having Laura deposed in the US proceedings does not remedy the issue with respect to the UK proceedings. As I understand it, our US team has no plans to depose her at present and, in any event, her deposition transcript would not serve as evidence in the UK proceedings so doesn't answer the problem we have in the UK (with trial due to commence on 23 March, so a very tight timeframe to remedy the issue). Depp's team is seeking to have Laura's earlier declaration (attached) admitted as hearsay evidence, giving no indication to the court that Laura herself disputes it. Do you know if they are aware of or on notice of the issue?

This means that it will be used to undermine NGN's case -and Amber's own evidence. It will also be public, used in open court, and reported around the world. I know from my discussion with Laura that she doesn't want that to happen and was very upset about what happened before. The declaration they are seeking to admit has Laura saying that Amber had not ever mentioned to her any abuse or violence (see [6]).

You have a copy of the amended draft declaration we had prepared with her after she reached out to Amber with concern when her declaration went public. I understood from you on our first call that it had accurately reflected what Laura would say, if deposed - making clear that the original declaration does not properly reflect her evidence (including that Amber did, in fact, tell her about the abuse in 2016 and that she believed her) and that she felt pressured to sign it.

The easiest and most direct way forward would be to submit that or some version of it you are comfortable with (which can of course be reviewed and agreed by you), in the format of a witness statement for UK proceedings, which Laura could sign and submit. In our system, it serves as evidence in chief. If Laura was not willing to give evidence by video-link (witnesses are typically expected to give evidence live - and be cross examined), then the effect of the statement would be to at least remedy/head off the evidential damage done by Depp's attempt to admit her earlier declaration. Of course, NGN would ideally like her to give evidence and that would be best, but that is a matter for you as to whether she would be willing to do so (I understand that they have instructed US counsel and may be in touch). If she doesn't give live evidence, her statement will still have the effect of nullifying Depp's effort to rely on the attached declaration.

I would be happy to speak on the phone anytime to answer your queries - please pass Laura my best.

Jen

5th March 2020 - Email Jennifer Robinson to Lee Sherman

Dear Lee
This is disappointing, given the impact of Laura's declaration in the UK proceedings which - for the reasons I have outlined - will not be addressed by being deposed in the US proceedings. No doubt the Sun's lawyers will be in touch and Ill relay this to our US counsel for the purposes of their separate proceedings.
Jen

5th March 2020 - Email Lee Sherman to Jennifer Robinson

Good morning/afternoon Jennifer:
Thave spoken with my client and while she is certainly sympathetic to Amber, our position remains as previously articulated. Specifically, Laura will not sign any further declarations or letters, but she will make herself available for deposition in Los Angeles should you wish to depose her regarding the manner in which Waldman obtained her prior declaration.
Thanks,
Lee

SOURCE:
UK Court Documents:
- Supplementary Trial Bundle Item 86(a) [MOST UNPUBLISHED]
- Adam Waldman Twitter

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