Amber Heard’s legal team is asking for a new trial because a person not called to jury duty was inadvertently seated on the jury, but CrimeOnline’s Nancy Grace says the move “stinks of desperation” and won’t work.

At issue is a 52-year-old man who responded to a jury summons for the defamation suits Heard and former husband Johnny Depp filed against each other and was seated on the jury. But the summons was for a 77-year-old man with the same last name living at the same address.

“It sounds like a father-son situation, and the son saw the summons and went to jury selection,” Grace told Fox News.

“This is on [Heard’s legal team],” Grace said about the juror issue. “In plain language, they caused this error, if it even is an error, because she has to show actual prejudice and injury, which she has not.”

Grace noted that the lawyers had plenty of opportunity during jury selection to question the juror and determine the wrong person had come to the proceeding.

“They could look and see this was not a 77-year-old man, and P.S., in Fairfax in Virginia, you can exempt out of the whole jury proceeding if you’re over 70,” she said, debunking any thought that the younger man came in so the older man didn’t have to serve.

“This is a Hail Mary, and it’s not gonna work,” Grace said. “You can’t cause the error yourself at trial and then complain about it on appeal.”

In the end, the jury found that Depp and Heard defamed each other, but laid the bulk of the blame at Heard’s feet. They awarded Depp $10.35 million and Heard $2 million. In the same court filing about the juror, Heard’s attorneys also asked for the ruling to be thrown out because, they said, Depp didn’t prove his case, as CrimeOnline previously reported.

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[Featured image: Actor Amber Heard testifies on May 5, 2022. (Jim Lo Scalzo/Pool Photo via AP)]