It appears Elon Musk will not be testifying in the Johnny Depp-Amber Heard defamation trial.
While Musk has been subpoenaed to hand over any and all communication he had with Heard about the “Pirates of the Caribbean” star, the tech boss will not be taking the stand on Heard’s behalf.
Musk’s attorney, Alex Spiro, told Fox News Digital Wednesday his client will not testify.
During his testimony, Depp claimed he believed the Tesla boss was seeing his ex-wife while Depp and Heard were married.
A source with knowledge of the trial also claimed to the New York Post that James Franco, 44, will also be absent from the witness stand. Depp has also claimed Franco and Heard had an affair during Depp and Heard’s marriage.
Reps for Franco did not immediately respond to Fox News Digital’s requests for comment.
So, how does Musk factor into the Depp-Heard trial?
Court documents claim that Heard began a romantic relationship with Musk just one month after the “Aquaman” actress, 35, tied the knot with Depp, 58. Per the docs, Musk was there often “late at night” in Depp’s penthouse while Depp was away filming out of the country.
Musk, 50, also was allegedly given access to the building’s parking garage at the request of Heard and that he would access the home via a penthouse elevator.
“Musk’s first appearance in Mr. Depp’s penthouse occurred shortly after Ms. Heard threw a vodka bottle at Mr. Depp in Australia, when she learned that Mr. Depp wanted the couple to enter into a post-nuptial agreement concerning assets in their marriage. Ms. Heard’s violently aimed projectile virtually severed Mr. Depp’s middle finger on his right hand and shattered the bones,” court papers claim.
In testimony from Creative Artists Agency (CAA) talent agent Christian Carino Wednesday, the ex-fiancé of Lady Gaga explained on the stand that, in August 2017, Heard expressed in a text message exchange that she lamented her breakup with Musk.
“Why would you be sad about the breakup if you weren’t in love with him?” Carino asked Heard.
Carino had also cautioned Heard that the actress shouldn’t date high-profile men if she didn’t want her relationships to be so public.
However, in revealed text messages between Heard and Carino in 2018, Heard had expressed a desire to reconcile her relationship with Depp, writing to Carino that she reportedly texted Depp “Happy Birthday” and told Carino, “God, I miss him.”
Heard and Musk were first spotted together in July 2016 at a Miami Beach hotel some two months after she filed for divorce from Depp.
“She has been friends with Elon for four years,” a source insisted to Page Six at the time.
In August 2016, it was revealed the future Twitter owner had been trying to meet Heard for years.
In a recent statement to Vanity Fair regarding Musk’s alleged involvement with Heard, a representative for the SpaceX head honcho vehemently denied he engaged in a relationship with the “Justice League” actress while she was with Depp.
“Elon and Amber didn’t start seeing each other until May 2016, and even then it was infrequent. Their relationship didn’t become romantic until some time later,” the statement said.
Heard also denied the affair during testimony in Depp’s libel case against a British newspaper in July 2020.
Per a People magazine report at the time, Heard and Musk did actually become an item at a later date following her divorce from Depp in 2017, although the rumored romance was short-lived.
The two confirmed the relationship in 2017 when they were photographed together in Australia. They broke up only to reconcile before calling it off for good in 2018.
“Elon and I had a beautiful relationship, and we have a beautiful friendship now, one that was based on our core values,” she explained to The Hollywood Reporter in a 2018 interview. “We just bonded on a lot of things that speak to who I am on the inside. I have so much respect for him.”
Some of the things they bonded over included, “Intellectual curiosity, ideas and conversation, a shared love for science.”
Musk even gifted her a black Tesla Model S valued at roughly $80,000 as a gift. And it seems Heard’s “friendship” statement rings true as she’s apparently still driving it.
Heard was spotted out and about in January running errands in the car.
And, despite her public feud with Depp, Heard has continued to work.
Heard is starring in the Conor Allyn period drama thriller “In the Fire,” which she was spotted filming in Guatemala as recently as last month. Set in the 19th century and taking on the eeriness of a supernatural thriller, the story centers around the story of a family living on a Colombian farm in the 1890s.
Contrary to some rumors that Heard was nearly recast out of her role as Mera in the “Aquaman” DC Extended Universe franchise, Heard is still set to appear in its sequel, “The Lost Kingdom,” with star Jason Momoa.