The British model, 48, who dated the actor from 1994, will reportedly take the stand on Wednesday after she was mentioned by the actress earlier in the case.
Heard had brought up the super model in her testimony on Thursday, saying she felt connected to Moss due to a rumor that Depp pushed her down the stairs when they were dating back in the 1990s.
But by mentioning the alleged misconduct, Heard inadvertently allowed Depp’s lawyers to call her as a witness to discuss the rumor, which sources say is not true.
In fact, after Heard brought up the allegation, Depp’s legal team could be seen fist bumping and celebrating.
Johnny Depp and Kate Moss dated in the 1990s. They are seen here at the debut of Depp’s short film Banter in 1994
Moss is now set to testify on Wednesday to quell rumors that Depp pushed her down the stairs when they were dating, as sources say Moss has always been supportive of her ex-boyfriend. They are seen here attending a screening of the film Fear and Loathing in Las Vegas
After Amber Heard namedropped the super model on Thursday, Depp’s legal team could be seen celebrating
‘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 ‘saying “This never happened,”‘ California entertainment lawyer Mitra Ahouraian told the New York Post after Heard first made the allegations earlier this month.
Another source said: ‘Amber mentioned an ex of Johnny’s that clearly she felt was not supportive of him, which couldn’t be further from the truth.’
Instead, they say, Moss remains supportive of him, and after Heard mentioned Moss on May 5, Depp’s lawyer, Benjamin Chew, could be fist bumping and smiling in celebration.
Heard first made the reference to Depp’s ex-girlfriend on May 5, when she told the jury about a March 2015 fight in which she punched Depp in the face over fears he was going to push her sister, Whitney, down the stairs.
‘[Whitney’s] back was to the staircase, and Johnny swings at her,’ Heard said. ‘I don’t hesitate, I don’t wait – I just, in my head, instantly think of Kate Moss and stairs.
‘And I swung at him.’
Heard had previously brought up the rumor during Depp’s 2022 UK trial against The Sun – which had branded him a ‘wife beater.’
As she described the same fight, Heard said at the time: ‘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.’
Depp wound up losing that case after the UK high court substantiated the majority of Heard’s allegations of abuse.
But by namedropping Moss in the federal court in Fairfax, Virginia, his attorneys could now call her as a witness and deny that the incident ever happened.
Halim Dhanidina, a criminal defense attorney and former California judge, however, cautioned that Heard’s team could counter Moss’ testimony by explaining that the rumor was just meant to detail Heard’s ‘state of mind’ when she punched Depp all those years ago.
Moss’ testimony will come on the third to last day of the six-week trial, which is set to wrap up on Friday.
Amber Heard arrived to the courtroom Monday full of smiles, with her hair side swept with curls. She had claimed in court earlier this month that she ‘instantly’ thought of a rumor she heard of Depp pushing Moss down the stairs when she thought her sister was in danger
Depp’s legal team is now set to quell the rumors by calling Moss to the stand. They are seen here entering court on Monday
Depp waved to his fans as he arrived to court this morning. Dr. Spiegel said that Depp has exhibited ‘behaviors that are conscience with someone who has a substance use disorder’
Moss and Depp dated for four years before they broke up in 1997 – but were still seen together in public at the Cannes Film Festival in May 1998.
Their relationship was rocky at times, People reports, with people claiming they were seen out in public yelling at each other.
And on September 13, 1994, Depp was arrested for criminal mischief at New York City’s Mark Hotel for allegedly trashing his hotel room.
When police arrived at around 5.30am that day, they found Depp ‘in a state of possible intoxication’ and Moss uninjured.
A criminal-court judge later dismissed the charges against the Pirates of the Caribbean star on the condition that he stay out of trouble for six months, and Depp paid the hotel close to $10,000 – including more than $2,000 for damages plus the bill for the remainder of his reservation.
Still, in a 2012 interview with Vanity Fair, Moss said she spent ‘years’ crying about Depp after their relationship ended.
‘There’s nobody that’s ever been able to take care of me. Johnny did for a bit. I believed what he said,’ she told the magazine. ‘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,’ she continued, calling it a ‘nightmare.’
The Pirates of the Caribbean star seemed happy as he sat down in court for the $100 million defamation suit on Monday