Elon Musk, James Franco won’t testify at Johnny Depp, Amber Heard trial

Billionaire Elon Musk won’t be testifying in Johnny Depp and Amber Heard’s bombshell defamation trial — and neither will James Franco.

While the two celebrities were widely expected to take the stand, The Post can now exclusively reveal they will not be appearing in the Fairfax, Va., courtroom after all.

Both men appeared on Heard’s publicly available witness list at the start of the trial, but Musk’s attorney Alex Spiro said Wednesday his client will not testify.

A source with knowledge of the trial confirmed Franco won’t take the stand either.

The “127 Hours” actor got wrapped up in the case during the libel lawsuit Depp, 58, brought against UK tabloid The Sun in 2020 over an article that called him a “wife beater” based on Heard’s claims of abuse.

Sources revealed James Franco will not be testifying.
Getty Images/Jason Kempin
Elon Musk
Elon Musk dated Heard, but the old fling isn’t enough for him to testify.
Instagram

Heard, 36, tested in that case that Franco, 44, asked her “what the f–k” happened to her face after Depp allegedly chucked a phone at her.

The Academy Award nominee visited Heard at her and Depp’s Los Angeles penthouse on May 22, 2016, the day after the alleged violent dust-up with her then-husband, she said.

“We were talking. He was saying to me, ‘Oh my God, what happened to you?’” Heard said of Franco, whom Depp allegedly accused of being her lover. “He saw my face, and he said, ‘What the f–k?’ ”

Musk, 50, the world’s wealthiest man, — who recently agreed to buy Twitter for $44 billion — dated Heard for a year after her relationship with Depp ended in flames in 2016.

Amber Heard
Heard stands with 2 less people on witness list.
AP/Jonathan Ernst

The doorman at Depp and Heard’s LA building, Alejandro Romero, previously provided a statement claiming he saw Musk “a few times a week” late at night in 2015 — and that the Tesla CEO would “always visit when Mr. Depp was not at home.”

Musk and Heard have said their romance only started once she filed for divorce from Depp. It has also been alleged that Heard once had a threesome with Musk and supermodel Cara Delevingne.

Depp, who lost his libel claim against The Sun, is now suing Heard over a 2018 Washington Post opinion piece in which she described herself as a victim of domestic abuse.

Johnny Depp
Heard frequently had her romantic interests over when Depp wasn’t home.
EPA/ Jonathan Ernst

The “Pirates of the Caribbean” star — who denies Heard’s claims of abuse — was not named in the essay, but he claims it clearly referenced him and ruined his career, damaged his reputation and cost him tens of millions of dollars.

Heard’s team, meanwhile, argues that Depp did abuse his ex-wife, physically and sexually, and claim that his denials are not credible because he was often too drunk or high to recall what happened.

Depp testedified in the highly-watched Fairfax trial over four days, telling the jury he brought the suit to “clear my name.”

Heard is expected to address the jury at a later date.

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