WEBVTT

1
00:00:01.360 --> 00:00:05.200
In the Circuit Court of the sixth
Judicial Court of the State of Florida in

2
00:00:05.400 --> 00:00:11.199
and for Pinellas County. Terry Jean
Blaya, professionally known as Hulkhogan, plaintiff

3
00:00:11.679 --> 00:00:19.000
versus Gawker Media LLLC aka Gawker Media, Nick Dentick, AJ Delrio Defendants.

4
00:00:19.679 --> 00:00:25.640
Excerpt from trial proceedings before the Honorable
Pamela A. M. Campbell, continue

5
00:00:26.000 --> 00:00:34.920
testimony of Terry Boley March eighth,
two thousand and sixty. Call to order

6
00:00:35.560 --> 00:00:41.759
at nine twenty one A. The
following is an excerpt from trial proceedings that

7
00:00:41.920 --> 00:00:45.840
want everybody, are there any issues
to discuss prior to the jury coming in?

8
00:00:46.840 --> 00:00:49.640
Judge, we still haven't worked through
that number. We'll get with Randy

9
00:00:49.679 --> 00:00:53.000
and we'll make sure that's good.
Okay, So we're continuing with the cross

10
00:00:53.039 --> 00:00:57.880
of mister Balaia. Yes, your
honor, mister Balaia, do you want

11
00:00:57.880 --> 00:01:00.679
to come up on the stand then
please and remember your still under oath.

12
00:01:27.000 --> 00:01:30.840
Let's go ahead and bring in the
jury. The jury entered the courtroom at

13
00:01:30.879 --> 00:01:36.680
nine twenty three am. Thank you, everybody can be seated. Thank you

14
00:01:36.799 --> 00:01:40.640
all again for continue joining us today. So would each of you please raise

15
00:01:40.680 --> 00:01:45.359
your right hand, jury sworn.
I have each been able to follow my

16
00:01:45.359 --> 00:01:48.560
instructions over the course of the evening, and that is not to talk to

17
00:01:48.599 --> 00:01:51.640
anybody about the people or parties involved
in this case, not to do any

18
00:01:51.719 --> 00:01:55.400
own research, including going on the
internet. Yes. Good. Did anybody

19
00:01:55.400 --> 00:01:57.120
approach you or try to talk to
you over the course of the evening or

20
00:01:57.200 --> 00:02:00.079
this morning? No? Great,
thank you very much. All right,

21
00:02:00.400 --> 00:02:04.719
So yesterday when we left off,
we were on cross examination to mister Balaa

22
00:02:04.799 --> 00:02:07.360
by mister Sullivan. That's where we're
going to continue this morning. Mister Sullivan,

23
00:02:08.639 --> 00:02:13.759
thank you, your honor. Good
morning, your honor, Terry Jean

24
00:02:13.800 --> 00:02:21.639
Balia, plaintiffs witness here in previously
being previously duly sworn on oath, testified

25
00:02:21.800 --> 00:02:29.800
further as follows. Good morning,
mister Balaiah. Morning certain, and may

26
00:02:29.840 --> 00:02:35.039
I approach the witness, your honor. Thank you, mister Belaya. If

27
00:02:35.039 --> 00:02:39.159
you could please focus your attention on
the interview that you did on TMZ on

28
00:02:39.240 --> 00:02:53.120
March the seventh of twenty twelve.
All right, do you recall in that

29
00:02:53.199 --> 00:02:59.080
interview you appeared by phone and your
attorney David Houston also appeared by phone.

30
00:02:59.120 --> 00:03:01.639
Do you recall that, yes,
sir. Now, just so we're clear,

31
00:03:02.439 --> 00:03:07.199
when you and I discussed this at
your deposition, there was some confusion

32
00:03:07.280 --> 00:03:12.360
because you thought about another phone interview, which was that one that happened in

33
00:03:12.360 --> 00:03:15.280
New York. Okay, that is
not the one we're going to discuss first

34
00:03:15.400 --> 00:03:19.960
thing this morning. We're back at
the one that took place on March seventh

35
00:03:19.960 --> 00:03:23.759
of twenty twelve. All right,
now, this may help you frame our

36
00:03:23.840 --> 00:03:29.759
discussion. That was the one after
the report TMZ first reported publicly that there

37
00:03:29.840 --> 00:03:34.240
was a news news that there was
a Hulk Hogan sex tape out there circulating.

38
00:03:34.360 --> 00:03:37.319
So that's the one we're going to
talk about. Now, let's take

39
00:03:37.319 --> 00:03:40.400
a look at that report, Tim, if you could play please, defendants

40
00:03:40.400 --> 00:03:46.280
Exhibit two fourteen. It's a clip
I think see the introductory portion video clip

41
00:03:46.280 --> 00:03:51.039
published as follows. So we're gonna
talk about the tape, and the best

42
00:03:51.360 --> 00:03:53.960
person to talk about that tape is
probably Huk Hogan, and he joins us

43
00:03:53.960 --> 00:03:55.719
now on TMZ Live. Hulk first
of all, welcome. Yeah, first

44
00:03:55.719 --> 00:04:00.280
of all, guys, there were
several brunettes. Okay, but let's let's

45
00:04:00.280 --> 00:04:02.840
at least get that part, you
know, Oh, there were several all

46
00:04:02.919 --> 00:04:05.280
right, no, No, there
was you know, between between the divorce

47
00:04:05.319 --> 00:04:09.080
from Linda to the time I'm at
Jennifer, I had about four and a

48
00:04:09.120 --> 00:04:12.759
half months where I went back what
really went crazy, and I actually wrote

49
00:04:12.759 --> 00:04:15.120
about in my book I'm out staying
drunk and crazy at all the bars.

50
00:04:15.360 --> 00:04:19.000
So I was really out of my
mind for a while. Video clip concluded,

51
00:04:20.279 --> 00:04:25.279
Now, mister Belaya, do you
recognize your voice in that TMC report?

52
00:04:25.439 --> 00:04:28.319
Yes, sir, okay. And
when you said there, I think

53
00:04:28.319 --> 00:04:30.399
you said, first of all,
guys, there were several brunettes. Between

54
00:04:30.399 --> 00:04:32.959
the divorce from Linda and the time
I met Jennifer, I had about four

55
00:04:33.000 --> 00:04:36.560
and a half months that I really
went crazy, and I actually wrote about

56
00:04:36.600 --> 00:04:40.800
that in my book, about staying
drunk and crazy and hitting all the bars.

57
00:04:40.800 --> 00:04:43.680
Do you recall that, yes,
sir okay. Now tell us was

58
00:04:43.720 --> 00:04:46.800
that a true statement that you made
to TMZ. Well, I was in

59
00:04:46.959 --> 00:04:49.360
character and I am belish a little
bit about the number of women. Okay,

60
00:04:49.360 --> 00:04:53.519
So when you made that statement to
TMZ, was that you Terry Balaya

61
00:04:53.800 --> 00:04:57.000
or was that you Hulk Hogan?
Well, I was totally Hulk Hogan because

62
00:04:57.040 --> 00:05:02.480
I wasn't at my home, in
my private house. Okay, well take

63
00:05:02.519 --> 00:05:06.759
it when because I wasn't at my
home and my private house. Brother,

64
00:05:08.480 --> 00:05:11.040
Okay, all right, now,
I take it when you did that interview

65
00:05:11.040 --> 00:05:14.199
with TMZ, you felt comfortable at
that time sharing with the public that you

66
00:05:14.199 --> 00:05:16.959
had a lot of women between your
marriage to Linda ending and the time that

67
00:05:17.000 --> 00:05:27.639
you got with your new wife.
Right, would you repeat the question?

68
00:05:27.680 --> 00:05:31.759
Please? Sure? Sure? My
question was you felt comfortable sharing publicly that

69
00:05:31.879 --> 00:05:35.879
you had a number of women between
the time your marriage to Linda ended and

70
00:05:36.079 --> 00:05:40.560
your relationship with your new wife commenced. Is that fair to say? Well,

71
00:05:40.560 --> 00:05:43.560
I felt comfortable saying those words,
yes, because it was Hulk Hogan,

72
00:05:44.040 --> 00:05:46.199
and I was just embellishing about instead
of having a couple of girls,

73
00:05:46.240 --> 00:05:49.720
a bunch of girls, I was
just being Hulk Hogan in character. I

74
00:05:49.879 --> 00:05:53.839
see. All right, well let's
do this if we could, please hear

75
00:05:53.879 --> 00:05:57.839
the next clip video clip published just
follows. Can I crack one tiny joke

76
00:05:57.879 --> 00:06:00.360
here? Sure? Brother? Why
not? It's because the one thing that

77
00:06:00.399 --> 00:06:02.240
I just found so funny is it
you're just so famous for your wrestling gear,

78
00:06:02.240 --> 00:06:05.000
and apparently in this video there is
a suntan line that would reveal that

79
00:06:05.240 --> 00:06:10.480
whoever that person is stopped dancing around. It was wearing a thong. Well,

80
00:06:10.560 --> 00:06:12.560
let me put it to you this
way, brother, when you wrestle

81
00:06:12.600 --> 00:06:15.079
in the ring, you don't want
like like the girls with that pammy line,

82
00:06:15.120 --> 00:06:18.959
you know, with the underwear cutting
into your cheeks. So I basically

83
00:06:19.000 --> 00:06:21.839
when you wear the the you know, these so called tights and the wrestling

84
00:06:21.920 --> 00:06:25.920
ring, you know, most of
the guys were a jockstrap. I prefer

85
00:06:26.079 --> 00:06:28.480
a throng, you know. But
at the end of the day, let

86
00:06:28.480 --> 00:06:30.120
me put it to you this way, brother, I used the throng like

87
00:06:30.279 --> 00:06:33.160
laying in the sun bed, not
out in public. But the main thing

88
00:06:33.240 --> 00:06:35.480
is, thank god that my you
know, my ex. You know,

89
00:06:35.600 --> 00:06:39.920
let's I don't even want to go
there, but let's just say thank god

90
00:06:39.920 --> 00:06:43.240
it wasn't a guy. Yeah,
well that was the only thing we thought

91
00:06:43.279 --> 00:06:46.000
could be worse if it was a
young male, So we were grateful.

92
00:06:46.279 --> 00:06:49.680
You're brutal, David. That's your
lawyer, and that's your lawyer. Video

93
00:06:49.720 --> 00:06:55.680
clip concluded. Mister Balai. The
voices that came on there at the end,

94
00:06:55.759 --> 00:06:58.600
the part about saying thank god it
wasn't a guy, that was your

95
00:06:58.680 --> 00:07:02.639
voice, right, m I'm not
sure you know, in the beginning it

96
00:07:02.720 --> 00:07:06.000
sounded like he was either me or
David David Houston. I couldn't hear real

97
00:07:06.120 --> 00:07:10.560
well, that was mister Houston,
okay, sitting here at the table with

98
00:07:10.639 --> 00:07:14.279
you, right, I just didn't
hear who said that verbiage about thank god

99
00:07:14.319 --> 00:07:16.920
it was a boy not a boy? Or did you want to hear it

100
00:07:16.959 --> 00:07:20.199
again? Well, I mean,
I don't know what your question would be.

101
00:07:20.399 --> 00:07:24.199
Okay, do you recognize the voice
of your lawyer on that clip?

102
00:07:24.360 --> 00:07:27.759
Yes? Or it sounded like David
mister David Houston okay. And when TMZ

103
00:07:27.920 --> 00:07:31.800
shared publicly the information about how the
video, the sex tape video that they

104
00:07:31.879 --> 00:07:36.120
reviewed revealed you naked and showing your
tan line, did you consider that to

105
00:07:36.160 --> 00:07:40.959
be invasive of your privacy? Well, you can tell it's you know,

106
00:07:41.040 --> 00:07:44.120
first off, TMS he said,
you know, we're joking or we're gonna

107
00:07:44.120 --> 00:07:46.079
make a joke. So right away, you know it tells you you know,

108
00:07:46.199 --> 00:07:49.480
it's all character driven show, and
it's all you know, they're having

109
00:07:49.560 --> 00:07:54.360
fun, they're trying to entertain you. So you know, as we're talking

110
00:07:54.399 --> 00:07:57.319
about the situation with my rear end, they're saying hulk. You know,

111
00:07:57.360 --> 00:08:00.120
he actually said Hulk, How do
you feel about it? And you know,

112
00:08:00.839 --> 00:08:03.240
sometimes in the ring, you know, when you're wrestling, such as

113
00:08:03.279 --> 00:08:05.480
when I wrestle Rick Flair and he
beats me up and he runs away,

114
00:08:05.480 --> 00:08:09.720
I kind of like pull his pants
down and his rear end hangs out and

115
00:08:09.759 --> 00:08:11.160
he, you know, he walks
around the ring with his rear end hanging

116
00:08:11.160 --> 00:08:13.160
out. So to me, that
kind of like, you know, was

117
00:08:13.199 --> 00:08:18.160
a joke, and this is all
joking, But it's totally different than you

118
00:08:18.199 --> 00:08:22.160
know, you coming into Terry Ballet's
house and taking a private video of me,

119
00:08:22.439 --> 00:08:26.040
so that you know, that really
wasn't really that embarrassing to me because

120
00:08:26.079 --> 00:08:28.639
the rear end in the butt and
the wrestling thing is kind of like all

121
00:08:28.720 --> 00:08:31.879
fun and all joking around, you
know, and they were trying, you

122
00:08:31.919 --> 00:08:35.879
know, they were saying it in
a very joking manner. So how do

123
00:08:35.919 --> 00:08:37.399
you feel about your rear end and
hanging out of the Hulk? You know,

124
00:08:37.600 --> 00:08:39.720
so, I, you know,
this kind of reminds me of the

125
00:08:39.799 --> 00:08:48.360
wrestling. You know, it's a
joke. Sure, so I take it

126
00:08:48.440 --> 00:08:52.080
if we boil that down. The
answer to my question is no, I

127
00:08:52.159 --> 00:08:58.600
didn't consider that invasive of my privacy, right, you know, having Hulk

128
00:08:58.679 --> 00:09:03.440
Hogan's rear round up there. I
didn't think was invasive of Terry Balaya's privacy.

129
00:09:03.559 --> 00:09:13.600
Right, it's a legit quote.
Read it again. You're having Hulk

130
00:09:13.679 --> 00:09:18.000
Hogan's rear end up there. I
didn't think that was invasive of Terry Balay's

131
00:09:18.080 --> 00:09:26.039
privacy. Right, All right,
fair enough? Now, TMZ posted a

132
00:09:26.120 --> 00:09:28.679
report of the interview that you and
mister Houston did on its website. Right,

133
00:09:31.600 --> 00:09:35.679
I don't know what. Let's see
if this helps you out talking about

134
00:09:35.679 --> 00:09:39.159
I'm sorry, dude, Let's see
if this helps you directing your attention to

135
00:09:39.200 --> 00:09:43.639
defendants. Exhibit one sixty, which
is a March seventh, twenty twelve post

136
00:09:43.720 --> 00:09:48.200
online on TMZ Online titled Hulk Hogan. I have no idea who my sex

137
00:09:48.279 --> 00:09:52.240
tape partner is. Do you recall
that being posted by TMZ immediately following the

138
00:09:52.320 --> 00:09:56.240
TV interview. I don't recall it. But if you say it was posted

139
00:09:56.360 --> 00:09:58.440
by and that was the actual date, I believe you. I just don't

140
00:09:58.440 --> 00:10:03.200
remember every every single article it's written
all the time. Sure, I can

141
00:10:03.240 --> 00:10:05.200
appreciate that. Let's see if we
can help you out here, all right,

142
00:10:05.240 --> 00:10:09.240
Tim, if you could call up
defendants Exhibit one sixty and if you

143
00:10:09.240 --> 00:10:13.320
could please display the second to third
page, mister Hogan, mister Bala,

144
00:10:13.360 --> 00:10:15.799
if you would look please, I
think we had the headline up there and

145
00:10:15.799 --> 00:10:18.559
it just disappeared. Could you there
it is? Do you see the headline

146
00:10:18.600 --> 00:10:20.799
that I read to you a moment
ago, Hulk Cogan? I have no

147
00:10:20.879 --> 00:10:24.279
idea who my sex tape partner is? Yes, or I do see that?

148
00:10:24.600 --> 00:10:28.799
Okay, super If we could now
go to the page of texts,

149
00:10:28.840 --> 00:10:33.799
all right, you'll see there the
second one, Hulk tells us. You

150
00:10:33.799 --> 00:10:35.600
know, can you leave that up
for a second, you know, I'm

151
00:10:35.639 --> 00:10:37.039
just trying to read it, brother, Yes, yes, very well,

152
00:10:37.080 --> 00:10:41.159
Okay, this is more difficult than
I thought. I'm looking for the paragraph

153
00:10:41.200 --> 00:10:43.759
that says Hulkogan a TMZ Live moments
ago. There you go, thank you.

154
00:10:45.159 --> 00:10:48.519
Do you see there? It says
Hulk Coogan to TMZ Live moments ago,

155
00:10:48.559 --> 00:10:54.360
claiming he went in a four month
alcohol fueled lady screwing benda between the

156
00:10:54.440 --> 00:10:56.320
time when he left his ex wife
Linda and met his current wife Jennifer.

157
00:10:56.320 --> 00:11:01.720
Do you see that? Yes,
you're a I see where they wrote that

158
00:11:01.840 --> 00:11:05.600
with their words. Okay, all
right now, and that post was dated

159
00:11:05.679 --> 00:11:07.279
Much seven, twenty twelve, at
one fifty pm. Right, yes,

160
00:11:07.279 --> 00:11:11.879
sir. Now let's shift I focused
slightly and talk about your dealings with TMZ

161
00:11:11.000 --> 00:11:13.879
around this time, around the time
of interview, around the time that they

162
00:11:13.919 --> 00:11:16.639
ran this article. So we're focused
on March at twenty twelve. All right,

163
00:11:18.240 --> 00:11:20.960
okay, okay, Now you know
TMZ's Mike Walters, don't you,

164
00:11:22.279 --> 00:11:24.559
Yes, sir, I know who
he is, and based on your knowledge

165
00:11:24.559 --> 00:11:26.879
of him, he is a reporter
for TMZ, right, yes, sir.

166
00:11:26.200 --> 00:11:28.679
And he appeared in that TMZ video
we just looked at. Did you

167
00:11:28.679 --> 00:11:31.440
see him? I didn't. I
didn't pay attention to who was in there.

168
00:11:31.679 --> 00:11:35.159
Okay, there's a gentleman there with
a black T shirt, yes,

169
00:11:35.200 --> 00:11:37.000
sir, dark hair, yes,
sir. And you talked with him in

170
00:11:37.039 --> 00:11:41.919
connection with wrestling news. Correct,
with wrestling what wrestling news? I don't

171
00:11:41.919 --> 00:11:45.960
recall. It's very possible. I
have Okay, a wrestling events you talk

172
00:11:46.000 --> 00:11:48.240
with him about that. It was
the guy with the dreads. No,

173
00:11:48.480 --> 00:11:52.679
sir, the black shirt, No, it's were you talking about Harvey with

174
00:11:52.720 --> 00:11:56.480
the black hair? No, it's
the gentleman you said, the guy with

175
00:11:56.559 --> 00:11:58.240
the black hair. Tim If we
could play more of that clip so that

176
00:11:58.240 --> 00:12:03.720
mister Blair can see mister Balaia.
To help you out, my colleagues inform

177
00:12:03.799 --> 00:12:05.960
me that the brief portion we played
did not depict mister Walters. So in

178
00:12:07.039 --> 00:12:09.320
fanness to you, we're going to
play a little bit longest you can say.

179
00:12:09.360 --> 00:12:11.159
Okay, yeah, I didn't recognize
he was up there. Sure,

180
00:12:11.320 --> 00:12:18.399
I don't mean to cause confusion.
It's okay. Video clip published as follows.

181
00:12:18.240 --> 00:12:20.320
At the end of the tape,
you leave and Bubba comes back in

182
00:12:20.360 --> 00:12:24.480
the room. Video clip concluded.
Okay, do you recognize that fellow?

183
00:12:24.600 --> 00:12:28.639
Yes? Or I do sab mister
Walters. Yes, it is all right.

184
00:12:28.720 --> 00:12:31.960
Now focusing on the discussions you had
with Mike Walter's in March twenty twelve,

185
00:12:31.120 --> 00:12:35.639
maybe approach all right at the bench, he's confusing to witness. The

186
00:12:35.639 --> 00:12:37.519
clip that they just put up was
not from the same exhibit. We pulled

187
00:12:37.559 --> 00:12:39.600
up the wrong one. Okay,
let me finish. They just pulled up

188
00:12:39.600 --> 00:12:41.559
a clip from a different show at
a different time. This gentleman did not

189
00:12:41.559 --> 00:12:46.600
appear in the last clip. This
is an October clip. There's confusion with

190
00:12:46.639 --> 00:12:48.240
our tech guy. He's playing the
March No, he's not. No,

191
00:12:48.360 --> 00:12:52.279
he's not. That was in March. That was October. Okay, Judge,

192
00:12:52.279 --> 00:12:56.559
if we could look there's a process
for how we impeach witnesses. I'm

193
00:12:56.600 --> 00:13:00.279
not impeaching him. Can I just
please finish? I'm trying to avoid umping

194
00:13:00.320 --> 00:13:03.000
up in the middle of all this
video stuff because I think eventually, somehow

195
00:13:03.080 --> 00:13:05.559
or another, most of it comes
out. However, you ask a witness

196
00:13:05.559 --> 00:13:07.960
a question in court, he answers
yes or no, and then you appeach

197
00:13:07.039 --> 00:13:11.320
him with an inconsistent statement. If
it's inconsistent, if they're going to offer

198
00:13:11.360 --> 00:13:15.399
those these for the truth of the
matter asserted, or as admissions against his

199
00:13:15.440 --> 00:13:18.240
interest somehow or another. I need
some kind of predicate before they just throw

200
00:13:18.360 --> 00:13:22.919
videos up there to understand what they're
doing, because I don't know whether I

201
00:13:22.919 --> 00:13:26.879
should object or not, especially because
there are so many of them. Mister

202
00:13:26.919 --> 00:13:28.600
Sullivan is stating the number. Do
you have a list of the number in

203
00:13:28.639 --> 00:13:31.919
which video it is? We do? I think my bigger problem is this,

204
00:13:33.080 --> 00:13:35.480
And again I don't want its cross, and he deserves wide latitude on

205
00:13:35.519 --> 00:13:39.639
cross, particularly with the plaintiff.
But there's no predicate for anything. In

206
00:13:39.639 --> 00:13:41.559
other words, about five questions ago, he just referred to an exhibit.

207
00:13:41.600 --> 00:13:45.200
Now, remember you told me in
your deposition and it wasn't tied to any

208
00:13:45.200 --> 00:13:48.759
specific statement. Well, judge,
please, if I can finish, I

209
00:13:48.799 --> 00:13:50.000
mean, every now and again,
we like to make a record too.

210
00:13:50.039 --> 00:13:54.320
And the point is I'm getting deprived
of my right to figure out basically what

211
00:13:54.360 --> 00:13:56.360
he's doing. Is he trying to
refresh his memory as he's trying to impeach

212
00:13:56.440 --> 00:13:58.960
something he said? I mean not
to be too big of a stickler,

213
00:14:00.000 --> 00:14:01.759
but if he's going to refer to
his deposition, there's only two purposes for

214
00:14:01.840 --> 00:14:05.600
it. One, the witness may
have forgotten something and you're going to show

215
00:14:05.639 --> 00:14:07.919
it to him and say does that
refresh your memory? Or Two you just

216
00:14:07.960 --> 00:14:11.240
said X. Isn't it true that
in your deposition you said why there is

217
00:14:11.240 --> 00:14:16.080
a process, There are elements to
these these foundations, and I just need

218
00:14:16.159 --> 00:14:18.600
some kind of an order to this
so we can figure out what he's doing.

219
00:14:18.039 --> 00:14:22.480
Thank you, missus Sullivan. Yes, ma'am. And here's the thing

220
00:14:24.120 --> 00:14:28.200
I took his deposition. He has
a very difficult time with chronology. He

221
00:14:28.279 --> 00:14:33.279
gets confused. That's my perception.
You may have a different view. So

222
00:14:33.360 --> 00:14:35.279
I have tried to do this in
a way to kind of take him along

223
00:14:35.320 --> 00:14:39.320
so it doesn't become unduly confusing for
the jurors. But I also want to

224
00:14:39.320 --> 00:14:43.039
make sure he's not confused. I
understand. I mean, we don't want

225
00:14:43.039 --> 00:14:48.200
to add to the confusion. So
that popped up. I knew we had

226
00:14:48.200 --> 00:14:50.240
a video of Mike Walter's in a
black T shirt. But the point,

227
00:14:50.320 --> 00:14:54.919
and what I was going to say
is I'm not trying to impeach him.

228
00:14:54.919 --> 00:14:58.840
When I try to impeach him,
you'll know I've been trying to use his

229
00:14:58.879 --> 00:15:03.360
deposition to get him focused and refreshest
recollection to keep this thing on track.

230
00:15:05.279 --> 00:15:09.200
Is that which you gave him a
copy of the deposition? Yes, it

231
00:15:09.320 --> 00:15:13.840
has every single volume in order.
Great. I'm just asking that whatever he's

232
00:15:13.840 --> 00:15:16.279
trying to do, he lay a
predicate for it so that I know what

233
00:15:16.320 --> 00:15:20.399
it is. That's fine. And
so mister Sullivan, then are you now

234
00:15:20.440 --> 00:15:24.480
that we're going back, now that
it's clear as to which time frame and

235
00:15:24.519 --> 00:15:26.799
who's on which clips, are you
going to clarify that, yes, I

236
00:15:26.879 --> 00:15:31.679
will. It came out of order. The thing is this, if he's

237
00:15:31.679 --> 00:15:35.279
putting this up here a substantive evidence
to ask a witness white just a second

238
00:15:35.519 --> 00:15:37.039
I just assume he and Barry hear
the same thing. No, they had

239
00:15:37.039 --> 00:15:41.600
different He is mister Sullivan if he's
putting this up there to ask the witness

240
00:15:41.679 --> 00:15:45.840
questions about it, and all fairness
to the witness, playing two seconds of

241
00:15:45.840 --> 00:15:48.000
what maybe a sixty second clip isn't
fair because if he's trying to refresh him,

242
00:15:48.039 --> 00:15:50.279
he may need to see the whole
thing. The problem is, I

243
00:15:50.320 --> 00:15:52.360
don't really know what it is in
the rest of the clip, so I

244
00:15:52.360 --> 00:15:56.600
don't know if those are certain things
that have already been ruled out. My

245
00:15:56.759 --> 00:16:02.799
colleague tells me that we have the
one that mister Walters appears in on March

246
00:16:02.840 --> 00:16:06.080
seventh, and that we will play
the whole thing so there will be no

247
00:16:06.159 --> 00:16:08.960
confusion. I don't know where he's
going or what he's doing. I just

248
00:16:10.080 --> 00:16:12.080
know that the witness has a right
to know exactly what he's looking at and

249
00:16:12.120 --> 00:16:15.600
when it occurred. The other thing
as well, Is there anything in that

250
00:16:15.639 --> 00:16:18.600
match seventh video clip that I've already
ruled us out? No, ma'am.

251
00:16:18.759 --> 00:16:22.000
I want to talk about your rulings
though, because your rulings were that they

252
00:16:22.000 --> 00:16:23.200
were going to use these not for
the truth of the matter, asserted but

253
00:16:23.200 --> 00:16:26.919
merely to show that things were being
reported. What we just did as a

254
00:16:26.919 --> 00:16:29.559
statement made by TMZ that was far
more offensive than the one he made on

255
00:16:29.600 --> 00:16:30.919
the show, an argumentative. It
was pulled out shown to the jury,

256
00:16:30.960 --> 00:16:33.039
and that was the entire point of
that. That's using it for the truth

257
00:16:33.039 --> 00:16:37.120
of the matter. No, it's
not asserted, not to show it was

258
00:16:37.159 --> 00:16:41.000
discussed. He's talking about all this
stuff he found invasive of his privacy.

259
00:16:41.039 --> 00:16:45.720
Do you find that invasive? That's
not the statement. The statement is did

260
00:16:45.720 --> 00:16:48.600
you go in an alcohol fueled four
month bender or whatever? But it goes

261
00:16:48.679 --> 00:16:52.679
it's two things. I think where
this is all going is is it public

262
00:16:52.720 --> 00:16:55.720
concerned that this stuff was being reported
on by the press. Whether he's characterized

263
00:16:56.000 --> 00:16:57.879
his way in his words, which
is one thing, separately the press is

264
00:16:57.879 --> 00:17:02.120
reporting it, which is we have
to show is for a legitimate matter of

265
00:17:02.120 --> 00:17:04.440
public concern, and how it's being
characterized and portrayed in the press are two

266
00:17:04.440 --> 00:17:07.720
separate things. But we have to
be able to get it in right.

267
00:17:07.839 --> 00:17:11.519
But the problem is that they've shown
the show. They've shown the press being

268
00:17:11.519 --> 00:17:14.559
reported. They showed him making a
statement on it, and cumulatively they showed

269
00:17:14.680 --> 00:17:17.000
the way that the press characterized it
on top of that, which is going

270
00:17:17.000 --> 00:17:19.839
to far more. These are all
kinds of things that could have been taken

271
00:17:19.880 --> 00:17:23.119
care of ahead of time, but
they can't be cumulative. So I think

272
00:17:23.119 --> 00:17:26.720
this has been resolved. Thank you, your honor. May I play that

273
00:17:26.759 --> 00:17:30.440
one that is correct? March seventh, one great, Thank you clarify with

274
00:17:30.440 --> 00:17:33.799
mister Belaya. Thank you in open
coort. All right, you may perceive

275
00:17:33.839 --> 00:17:42.960
missus Sullivan, Thank you, your
honor, mister Balaia. We created some

276
00:17:44.000 --> 00:17:48.000
confusion here, and maybe it's my
fault, but we have shown you a

277
00:17:48.000 --> 00:17:49.640
little clip. I asked you about
the fellow in the black T shirt.

278
00:17:51.079 --> 00:17:53.920
We showed you a clip from a
letter later TMZ report, which we'll get

279
00:17:53.960 --> 00:17:56.880
to you later in the morning.
Okay, it was not my desire to

280
00:17:56.920 --> 00:18:00.279
create confusion for you. So what
we're going to do is we're going to

281
00:18:00.279 --> 00:18:04.440
show you the report that aired by
TMZ on March seventh, twenty twelve,

282
00:18:04.440 --> 00:18:07.680
and let you look at that.
All right, well, I'll do whatever

283
00:18:07.720 --> 00:18:11.160
I canna help you, Yes,
sir, super thank you. Video clip

284
00:18:11.160 --> 00:18:14.480
published as follows. Oh first of
all, welcome, Yeah. First of

285
00:18:14.480 --> 00:18:18.200
all, you know there were several
brunettes Okay, let's let's at least get

286
00:18:18.240 --> 00:18:21.720
that part. Oh there were several
brunettes. Well, no, there was.

287
00:18:21.799 --> 00:18:23.079
You know, between between the divorce
from Linda and the time I met

288
00:18:23.160 --> 00:18:26.640
Jennifer, I had about four and
a half months that I really went crazy.

289
00:18:26.920 --> 00:18:30.880
And I actually wrote about it in
my book, you know, about

290
00:18:30.920 --> 00:18:33.279
staying drunk and crazy and hitting all
the bars. So I was really out

291
00:18:33.279 --> 00:18:37.000
of my mind for a while.
So you actually, and we're going to

292
00:18:37.039 --> 00:18:38.640
get to the sex tape, but
you obviously prefer blonds, but was going

293
00:18:38.680 --> 00:18:41.319
for brunette' kind of statement against Linda
Hogan. Oh, no, brother,

294
00:18:41.599 --> 00:18:45.519
he was just you know, I
don't I don't know what was wrong with

295
00:18:45.559 --> 00:18:48.240
me. I was just so shocked
and broken up. You were drunk because

296
00:18:48.240 --> 00:18:52.559
I dreamed that I was the guy
that would always stay married. And then

297
00:18:52.759 --> 00:18:53.960
you know, when the whole thing
went down, and you know, Linda

298
00:18:55.000 --> 00:18:57.200
fell in love with a younger guy. I guess everything in and it's nobody's

299
00:18:57.240 --> 00:19:00.720
fall up on my own. So
I'm not blaming her, but you know,

300
00:19:00.799 --> 00:19:03.480
I just went crazy for a while. Okay, So, Hulk,

301
00:19:03.559 --> 00:19:06.119
I want to say we were also
joining the fund with David Houston, who

302
00:19:06.119 --> 00:19:08.000
was your lawyer in this whole thing. So, David, welcome as well.

303
00:19:08.000 --> 00:19:12.480
Thank you, Harvey. So walk
us through this. So when what

304
00:19:12.599 --> 00:19:15.480
year is this tape shot? Well, brother, I don't know what year

305
00:19:15.519 --> 00:19:19.200
it was, but this year around
September, and you know, the end

306
00:19:19.200 --> 00:19:23.319
of September October, I will have
been with Jennifer for five years that long.

307
00:19:23.720 --> 00:19:26.839
So the question I'm wondering is,
you know, why would somebody hold

308
00:19:26.880 --> 00:19:30.240
on to this for at least five
years, you know, and then do

309
00:19:30.359 --> 00:19:33.640
this to me? Now that's what
I don't understand. And I don't know,

310
00:19:33.279 --> 00:19:37.400
you know, and I did not
know what was being done. You

311
00:19:37.400 --> 00:19:38.720
know, I didn't say, hey, Brunette Las, put a camera up

312
00:19:38.720 --> 00:19:41.359
and have a sex tape. I
mean, I'm dumb, but I'm not

313
00:19:41.480 --> 00:19:45.519
dumb and dumber brother, And so
I just don't know why someone would do

314
00:19:45.599 --> 00:19:49.640
this number one and number two,
why they would wait five years to release

315
00:19:49.680 --> 00:19:53.599
it? Oh, Carvey, at
least five at least five years? Hey,

316
00:19:53.599 --> 00:19:56.680
how can David? This is Mike
Walters. I've actually seen part of

317
00:19:56.680 --> 00:20:00.279
this tape, and this is kind
of how we wrote the story in front

318
00:20:00.319 --> 00:20:02.559
of looks like and from what I've
seen, it appears to be a little

319
00:20:02.559 --> 00:20:04.559
bit old. And the reason I
say that is from what you see of

320
00:20:04.640 --> 00:20:07.799
Hulk and what he looks like and
how he's and what he's discussing about working

321
00:20:07.799 --> 00:20:11.079
out and stuff, it seems.
And I discussed this with them earlier when

322
00:20:11.119 --> 00:20:14.680
we did the web story. But
it only shows a brunette. It shows

323
00:20:14.759 --> 00:20:17.640
him. It's a bedroom, it's
a security footage from inside of a home,

324
00:20:17.960 --> 00:20:19.279
and it shows Hulk kind of going
towards a brunette woman. And then

325
00:20:19.319 --> 00:20:22.000
that's all that I've seen. I
haven't seen whether or not this tape is

326
00:20:22.000 --> 00:20:26.240
some lengthy thing or what exactly happens
after that. Does that ring anything kind

327
00:20:26.240 --> 00:20:29.839
of a bell with you? Hulk? You know, Hervey Harvey. I'm

328
00:20:29.839 --> 00:20:33.920
not trying to be a smart Alec
and I'm horrible with remembering names, you

329
00:20:33.960 --> 00:20:37.319
know. But you know that's why
I call everybody brother, you know.

330
00:20:37.319 --> 00:20:40.200
But during that time, that four
or five month window where I was going

331
00:20:40.240 --> 00:20:41.519
crazy, I was, you know, one of the first things I did

332
00:20:41.839 --> 00:20:45.480
was when I sat down with Jennifer, I said, I don't even remember

333
00:20:45.480 --> 00:20:48.160
people's names, you know, last
weekend that I met I meet so many

334
00:20:48.160 --> 00:20:52.440
people, you know, much less
girls five or six or seven years ago,

335
00:20:52.839 --> 00:20:56.000
you know, or five years whatever
it was. He I couldn't remember

336
00:20:56.039 --> 00:20:59.559
her name if I had to.
And the truth is it wasn't just Brunette's.

337
00:20:59.519 --> 00:21:02.759
I was running pretty wild there for
a few months. So when we

338
00:21:02.839 --> 00:21:06.480
started when we started hearing about this
last night, and one of the first

339
00:21:06.480 --> 00:21:07.960
things we tried to do is put
together a picture of who this could be.

340
00:21:08.279 --> 00:21:11.880
It sounds like it's somebody that hit
hard times and had the tape and

341
00:21:11.880 --> 00:21:14.480
then hooked up with someone that had
the ability to try to market it.

342
00:21:14.599 --> 00:21:17.160
And in fairness to them, we
want to put them on notice. They're

343
00:21:17.160 --> 00:21:19.400
committing a felony, and a lot
of people aren't worried about civil liability because

344
00:21:19.440 --> 00:21:22.319
they may not have anything, but
I think everybody is worried about whether they're

345
00:21:22.319 --> 00:21:25.920
going to spend time in jail,
And in reality, this is notice.

346
00:21:26.079 --> 00:21:29.000
If anyone goes forward with this thing, we're going to find them and we're

347
00:21:29.000 --> 00:21:34.039
going to have them prosecuted. Video
clip concluded. Was that helpful? Yes,

348
00:21:34.079 --> 00:21:38.079
sir, that was Mike Walter's there, Okay, And just again,

349
00:21:38.279 --> 00:21:41.519
that was the fellow in the black
T shirt. I'm sorry I didn't notice.

350
00:21:42.240 --> 00:21:45.440
It was just the guy that they
cut to and said, Hulky,

351
00:21:45.599 --> 00:21:48.519
I've seen the part of the tape, hulk Yeah, I didn't see the

352
00:21:48.559 --> 00:21:52.839
whole thing whatever. Right that fellow
that said I've seen part of the tape.

353
00:21:52.839 --> 00:21:56.160
That was Mike Walters. That was
Mike Walters. Okay, now we're

354
00:21:56.160 --> 00:22:00.400
on the same page. Okay,
Now you know what call if you asked

355
00:22:00.440 --> 00:22:02.920
mister Walters where he got the tape
from, right, sir, I don't

356
00:22:02.920 --> 00:22:06.079
recall that, okay. And you
never had a conversation with him where you

357
00:22:06.160 --> 00:22:08.400
asked him to destroy the tape right
now. I don't remember asking him personally

358
00:22:08.359 --> 00:22:12.079
to destroy anything, okay. And
you never told Mike Walter's not to talk

359
00:22:12.119 --> 00:22:15.640
about it publicly, did you?
No, sir, I didn't have a

360
00:22:15.680 --> 00:22:18.599
problem with that, right. And
you never told Mike Walter's not to write

361
00:22:18.599 --> 00:22:21.200
about this, did you? No, Sir, I did not. Okay,

362
00:22:21.440 --> 00:22:23.920
I have a problem with him writing
an article about it. What's that?

363
00:22:26.079 --> 00:22:29.160
I did not have a problem with
him writing an article about the tape?

364
00:22:29.559 --> 00:22:33.160
Right now, after these events,
after you had the interview, and

365
00:22:33.279 --> 00:22:37.319
after they published their post online,
you didn't talk to Mike Walter's off the

366
00:22:37.359 --> 00:22:40.079
year about the sex tape, did
you? No, Sir, okay.

367
00:22:40.240 --> 00:22:42.920
And the other gentleman we saw there
in the intro Harvey Levin. You didn't

368
00:22:42.920 --> 00:22:45.599
talk to him offline about the sex
tape, did you? No, sir,

369
00:22:47.000 --> 00:22:49.279
you didn't talk to that gentleman we
saw, the fellow with the dreadlocks.

370
00:22:49.319 --> 00:22:52.960
You didn't talk to him after you
went off the year either, I

371
00:22:52.079 --> 00:22:55.680
take it, no, sir.
Okay. Now, you didn't ask them

372
00:22:55.680 --> 00:22:57.759
at this time when this came out
in March of twenty twelve. I take

373
00:22:57.799 --> 00:23:00.839
it you didn't ask them to see
the sex tape they had. Did you

374
00:23:02.119 --> 00:23:04.640
to what the sex tape? To
see the sex tape they had? No,

375
00:23:04.720 --> 00:23:07.359
Sir, I did not. Okay. Now, you don't recall if

376
00:23:07.359 --> 00:23:11.200
Mike Walter's provided you with any information
about what he saw on the sex tape?

377
00:23:11.240 --> 00:23:15.480
Correct? Just that information right there? Okay? And that isn't that

378
00:23:15.559 --> 00:23:19.279
something? Isn't that something you would
likely recall if he provided you with information

379
00:23:19.319 --> 00:23:22.240
about what he saw on the sex
tape? Wouldn't you remember that? Yep?

380
00:23:22.359 --> 00:23:26.440
From this tape? I don't know
I remember it now, you know

381
00:23:26.480 --> 00:23:30.480
you just showed me this tape.
But I've done so many interviews I've done

382
00:23:30.680 --> 00:23:33.720
it's just overwhelming to try to remember
one interview out of thousands over the last

383
00:23:33.720 --> 00:23:37.880
well, you know, at the
same time of this timeframe, the last

384
00:23:37.920 --> 00:23:41.200
seven or eight years. Okay,
if you could turn please and look with

385
00:23:41.279 --> 00:23:44.279
me at your deposition, If you
would look at the fifth volume, do

386
00:23:44.359 --> 00:23:48.440
you have a page, yes,
ma'am six seventy nine? Which volume?

387
00:23:49.039 --> 00:23:55.079
Yes, sir? Volume five volume, yes, sir seventy nine, Yes,

388
00:23:55.160 --> 00:23:57.039
sir, it might be. Judge. I'm going to object and ask

389
00:23:57.079 --> 00:24:02.400
what we approach please, okay at
the bench, Judge, this is kind

390
00:24:02.400 --> 00:24:04.359
of what I'm talking about. He's
about to show him his deposition and basically

391
00:24:04.359 --> 00:24:07.799
trying to impeach him with what a
statement that's completely consistent with what he said

392
00:24:07.799 --> 00:24:14.000
in court. I'm not impeaching him. Okay, Well, then why are

393
00:24:14.000 --> 00:24:15.319
you using the depot? I mean
it looks a little confusing like you're trying

394
00:24:15.319 --> 00:24:19.440
to impeach him. Oh I'm not, so what are you doing? Okay,

395
00:24:19.640 --> 00:24:22.880
judge, he says. I asked
him at one point around this March

396
00:24:22.880 --> 00:24:26.200
seventh interview, did Mike Walters provide
you with information about what he saw?

397
00:24:26.440 --> 00:24:30.359
I don't recall. Is that something
you would likely recall if it if it

398
00:24:30.400 --> 00:24:33.039
was important in life? Shaking.
Maybe, I mean, I just don't

399
00:24:33.079 --> 00:24:36.759
recall phone call. Okay, Well, he's just pretty much said the same

400
00:24:36.759 --> 00:24:40.079
thing. I'm not sure what your
point is. Let me make a point,

401
00:24:40.160 --> 00:24:41.720
judge. This is why the rules
allow them to publish any part of

402
00:24:41.759 --> 00:24:45.079
a deposition of a party for any
purpose. They can just put that all

403
00:24:45.160 --> 00:24:49.000
in their case in chief. But
if it's not inconsistent, they can't do

404
00:24:49.039 --> 00:24:53.160
this during our case. We can
put it in our case. They've already

405
00:24:53.160 --> 00:24:56.279
designated it. That's the point.
Okay. I think you hit the nail

406
00:24:56.279 --> 00:25:00.039
on the head, which is,
if it's inconsistent, there's a predicate you

407
00:25:00.119 --> 00:25:03.319
said X at your depot. Did
you not give the following answers to the

408
00:25:03.319 --> 00:25:07.319
following questions? His testimony seems to
be consistent with what that is. Okay,

409
00:25:07.799 --> 00:25:14.920
an open court, all right,
mister Sulliman. So you don't recall

410
00:25:15.119 --> 00:25:21.119
what any discussions with Mike Walter's about
what he saw on the tape. No,

411
00:25:21.240 --> 00:25:23.319
I don't recall talking to Mike Walter's
about the tape other than that,

412
00:25:23.720 --> 00:25:26.599
you know, we just talked about
here on the interview. Okay, let

413
00:25:26.720 --> 00:25:30.240
us move forward in time once again. All right, after you did the

414
00:25:30.240 --> 00:25:33.119
TMZ March seven, two twelve appearance, business associates advised you that well,

415
00:25:33.400 --> 00:25:37.400
basically, you weren't helping yourself much
giving interviews and dragging the story out right.

416
00:25:37.799 --> 00:25:41.839
I don't recall that, okay.
If you could look please at defendants

417
00:25:41.839 --> 00:25:48.599
Exhibit one sixty five, which is
a March eighth, two twelve email from

418
00:25:48.839 --> 00:26:00.279
Dixie Carter Defendants Exhibit one sixty five
of Bala. Do you see that there

419
00:26:00.279 --> 00:26:03.319
in your screen? Yeah? Can
you make it bigger? Thank you?

420
00:26:04.160 --> 00:26:12.240
Now? At the time miss Carter
was connected with TNA, right, I'm

421
00:26:12.240 --> 00:26:15.039
sorry, what was that? Yes, sir, At the time missus Carter

422
00:26:15.200 --> 00:26:18.359
was connected with TNA, right,
yes, sir, and she still is,

423
00:26:18.839 --> 00:26:22.559
okay, And at that time you
were working for TNA or working with

424
00:26:22.599 --> 00:26:23.960
them, weren't you. Well?
Is that date? This is March of

425
00:26:23.960 --> 00:26:27.839
twenty twelve, a day after the
TMZ report, I would have it's a

426
00:26:27.920 --> 00:26:32.759
possibility. I'm not good with dates. I'm really not. Brother. Let

427
00:26:32.759 --> 00:26:36.000
me let me see if this helps
you out. When we move forward yet

428
00:26:36.039 --> 00:26:37.480
again, in time, we're going
to get to the fall around the time

429
00:26:37.519 --> 00:26:41.440
Gawker posted the article that brings us
all here together? Yes, sir,

430
00:26:41.759 --> 00:26:45.079
that was in October of twenty twelve. You told us yesterday you were about

431
00:26:45.079 --> 00:26:48.920
to go on this media tour.
Okay, yeah, well then I was

432
00:26:48.960 --> 00:26:52.119
working with them. That that helps
you remember if you tell me what I

433
00:26:52.200 --> 00:26:56.880
was doing, because just a date
to me is like right, you're just

434
00:26:56.920 --> 00:27:00.279
not a fellow that no brother zeros
in on dates were names. I'm real

435
00:27:00.319 --> 00:27:03.839
bad with both you fair enough?
All right? So now you have kind

436
00:27:03.839 --> 00:27:07.640
of a chronology in your mind and
you'll see that this is an email that

437
00:27:07.680 --> 00:27:10.200
you received from miss Carter. Do
you see that? Yeah, yes,

438
00:27:10.240 --> 00:27:12.720
I see that. Okay, now
if we can look at please add Can

439
00:27:12.799 --> 00:27:17.039
I read this first? Please?
Absolutely? Thank you? You bet,

440
00:27:17.160 --> 00:27:19.119
thank you? Yes, yes I
did. I just wanted to read it

441
00:27:19.119 --> 00:27:22.200
before you pass it on. I
wanted to see what it was. No,

442
00:27:22.200 --> 00:27:25.960
no, sure, Now let's look
together at the first paragraph. Do

443
00:27:26.000 --> 00:27:27.480
you see she says there, I
love you to death, but I have

444
00:27:27.559 --> 00:27:32.680
to be honest and say I think
this interview is so beneath you. TMZ

445
00:27:32.960 --> 00:27:36.440
used it verbally, set up the
sex tape and took what you said to

446
00:27:36.559 --> 00:27:41.400
drag this story out even further with
sensational headlines, etc. It benefits them,

447
00:27:41.440 --> 00:27:44.440
but not you. I am on
your team, but people like rent

448
00:27:44.440 --> 00:27:48.200
to send her and others can look
at this differently. I'm surprised your attorney

449
00:27:48.279 --> 00:27:51.119
let you agree to the interview,
but I have to say this is what

450
00:27:51.400 --> 00:27:53.680
seeing your attorney's face a name on
this makes me think he did this more

451
00:27:53.759 --> 00:27:56.960
for him than you. Do You
see that? Yes? I do?

452
00:27:57.319 --> 00:28:00.400
And if you continue in the second
pargraph, you see it says Terry,

453
00:28:00.480 --> 00:28:03.640
this is my specialty. Had I
known you were going to do this,

454
00:28:03.759 --> 00:28:07.960
I would have tried to stop you
and said to issue a simple statement.

455
00:28:07.079 --> 00:28:11.039
It would have positioned you in a
much more positive light and throwing water on

456
00:28:11.039 --> 00:28:15.759
this story to extinguish it versus fuel
on it to keep it going. Do

457
00:28:15.839 --> 00:28:18.440
you see that? Yes? Sir? Okay, Now I take it you

458
00:28:18.480 --> 00:28:21.079
did not heed miss Cotter's advice,
did you? No? I did not,

459
00:28:21.440 --> 00:28:23.480
because you came to a different judgment. Saw what she wrote, but

460
00:28:23.519 --> 00:28:26.359
you reached a different conclusion. Is
that fair to say? Well, I

461
00:28:26.400 --> 00:28:30.240
was listening to my attorneys and there
was a whole bigger issue than justice one

462
00:28:30.319 --> 00:28:34.720
interview and she says this is her
specialty and it's not. She was a

463
00:28:34.759 --> 00:28:38.359
publicist like twenty years ago, and
a lot of stuff has changed, and

464
00:28:38.359 --> 00:28:42.480
it was her opinion. I value
it very very much. But she said

465
00:28:42.519 --> 00:28:47.240
something about my attorney's decision to agree
to do the interview. She shouldn't understand

466
00:28:47.240 --> 00:28:49.039
all the legal stuff that was going
on. You know that led us to

467
00:28:49.119 --> 00:28:52.359
do it. Let us do this, Okay? So you considered that and

468
00:28:52.400 --> 00:28:55.839
you came to a different conclusion,
yes, or we did? You know,

469
00:28:55.880 --> 00:29:00.559
we decided to do what we did
with the benefit of conversations with council.

470
00:29:00.680 --> 00:29:03.200
Yes, sir, okay, fair
enough. Let us move again.

471
00:29:03.559 --> 00:29:07.000
Now we're going to move forward in
time and we're going to talk about We're

472
00:29:07.000 --> 00:29:10.839
going to focus our attention on April
twenty and twelve, all right, So

473
00:29:10.880 --> 00:29:12.759
we're moving just about a month,
and I'm going to direct your attention to

474
00:29:12.759 --> 00:29:18.119
defend Exhibit fifty seven. We saw
this during the openings yesterday. This was

475
00:29:18.200 --> 00:29:21.599
that post that came out in the
dirty Yes, sir, mister blaya,

476
00:29:21.680 --> 00:29:25.799
do you recognize that exhibit there,
defendants, Exhibit five fifty seven, I

477
00:29:25.920 --> 00:29:29.920
do, okay, So we're focused
on April of two thousand and twelve.

478
00:29:30.000 --> 00:29:33.039
You heard that there were still photos, yes, sir, surfacing at that

479
00:29:33.119 --> 00:29:37.400
time, Yes, sir, okay. And when you look at this photo.

480
00:29:37.480 --> 00:29:41.000
Do you recognize this as Bubba's bedroom
at the time in April? Did

481
00:29:41.000 --> 00:29:45.240
you recognize that as Bubba's bedroom to
the best of my recollection, Yes,

482
00:29:45.599 --> 00:29:52.920
all right, you know I can't
vividly picture the room, but that's what

483
00:29:52.920 --> 00:29:56.279
it looks like, okay. And
you thought that you recognize that at the

484
00:29:56.319 --> 00:30:03.799
time at the time, But when
they came out in April twenty twelve,

485
00:30:03.119 --> 00:30:07.000
I don't remember. I don't recall
if I saw it then. So many

486
00:30:07.079 --> 00:30:11.720
skills were coming out and pop it
up of the same thing. I don't

487
00:30:11.720 --> 00:30:15.079
remember if I saw this then,
but I saw it yesterday and I do

488
00:30:15.200 --> 00:30:18.839
recognize this, yes, but I'm
focused on the period when it came out

489
00:30:18.920 --> 00:30:22.599
in April of twenty twelve. Well, if it would if it would have

490
00:30:22.599 --> 00:30:26.240
come out then I then and I
saw it, I would have recognized it.

491
00:30:26.359 --> 00:30:30.240
Yes, I've seen I don't know
if this is what I saw on

492
00:30:30.640 --> 00:30:34.279
whatever it is the dirty but I
do recognize it. Okay. Let me

493
00:30:34.319 --> 00:30:37.599
see if this will help. I
just don't know where I you know,

494
00:30:37.599 --> 00:30:40.759
when I saw this in April twelve, I know I saw this, Okay.

495
00:30:40.759 --> 00:30:44.160
If you could look please at Volume
three, page three fifty nine three

496
00:30:44.240 --> 00:30:47.400
fifty nine, Yes, sir,
Yes, sir, okay, if you

497
00:30:47.400 --> 00:30:49.359
would look please at line two,
line two? All right, now do

498
00:30:49.359 --> 00:30:52.519
you see where it says? Question? Okay? Would you look at this

499
00:30:52.559 --> 00:30:55.319
photograph? Do you recognize this as
Bubba's house? Do you see you?

500
00:30:55.359 --> 00:30:57.480
Answer there at line five, the
witness, I can't tell if this is

501
00:30:57.480 --> 00:31:02.200
Bubba's bedroom or not from this pick. Okay, yes, sir, So

502
00:31:02.240 --> 00:31:06.680
at the time you didn't recognize that, did you? I'm sorry? Where

503
00:31:06.759 --> 00:31:10.920
where was the line again, dude, judge, just for the record,

504
00:31:10.960 --> 00:31:12.720
that started at line two, not
line three. I can't tell if that's

505
00:31:12.720 --> 00:31:15.119
Bubba's better. I mean, it
sure looks like it. I mean,

506
00:31:15.160 --> 00:31:18.960
I wouldn't bet my life on it, but it looks exactly like Bubba's bedroom.

507
00:31:19.000 --> 00:31:22.559
Broke. Okay, you want line
too. That's where I started,

508
00:31:22.640 --> 00:31:25.079
right, But when you announced it
into the record, you said line three.

509
00:31:25.319 --> 00:31:27.279
Part of me, okay, what
line too? Did you see where

510
00:31:27.279 --> 00:31:32.680
I line two? Question? Okay, yes, sir. Would you look

511
00:31:32.680 --> 00:31:36.319
at this photograph? Do you recognize
this is Bubba's bedroom? Answer the witness

512
00:31:36.359 --> 00:31:38.279
at line five. I can't tell
if this is Bubba's bedroom or not by

513
00:31:38.279 --> 00:31:41.920
this picture, Yes, sir,
Okay, do you see that? Yes,

514
00:31:41.960 --> 00:31:44.279
I do. Now. At the
time that you saw this photo,

515
00:31:44.359 --> 00:31:45.839
you indicated that you couldn't tell who
it was that was in the picture,

516
00:31:45.920 --> 00:31:48.799
right, I still can't tell who
it is. My best guess would be

517
00:31:48.839 --> 00:31:52.519
me brother, best guest. Now, yeah, I mean if I had

518
00:31:52.559 --> 00:31:55.880
a guess right now, I would
say that would be me if that's Bubba's

519
00:31:55.920 --> 00:31:57.880
bedroom. And but I can this
is so he's such a bad picture.

520
00:31:59.079 --> 00:32:01.880
Okay. You can't make yourself out
exactly, got you all? Right?

521
00:32:02.599 --> 00:32:05.920
Now? You heard at this time
in April of two thousand and twelve,

522
00:32:05.960 --> 00:32:07.920
you heard that there were still photographs
circulating out there, right, yes,

523
00:32:07.960 --> 00:32:12.480
sir, okay. And when you
did, you contacted Bubba, right yes,

524
00:32:12.559 --> 00:32:16.079
I called him and talked to him
in person to talk to him about

525
00:32:16.160 --> 00:32:20.839
the situation, okay. And you
asked Bubba about this, right yes,

526
00:32:20.839 --> 00:32:22.440
sir, I did, okay.
And you asked him about where were these

527
00:32:22.480 --> 00:32:25.880
still photos came from? Right,
yes? I did? And Bubba told

528
00:32:25.880 --> 00:32:29.839
you at that point in April of
two thousand and twelve, he said,

529
00:32:29.839 --> 00:32:31.359
well, Heaven must have done it. Right. Well, that's that's who

530
00:32:31.359 --> 00:32:34.960
we blamed, yes, sir,
okay. And you believed him, right,

531
00:32:35.079 --> 00:32:37.400
I sure did. All right.
Now, after Bubba told you that

532
00:32:37.480 --> 00:32:40.519
Heather did it, you never tried
to contact her, did you? No,

533
00:32:40.640 --> 00:32:43.960
sir? Okay, Now, let
me ask you this. When these

534
00:32:43.960 --> 00:32:46.640
still photos came out, and now
we're in April of two thousand and twelve

535
00:32:46.680 --> 00:32:52.839
and the rooms started circulating, you
contacted Bubba, right, yes, sir?

536
00:32:52.720 --> 00:32:57.039
All right? You did not contact
the other brunettes that you told TMZ

537
00:32:57.160 --> 00:32:59.279
about, did you. Well,
no, sir, I would have no

538
00:32:59.359 --> 00:33:02.559
way to contact at anybody. Okay, it didn't contact any of these other

539
00:33:02.880 --> 00:33:06.839
brunettes, did you. I have
no way even if I wanted you.

540
00:33:06.880 --> 00:33:09.200
Brother. Let us now move forward
again in time, we're going to advance.

541
00:33:09.279 --> 00:33:13.240
Now, we're going to go to
the fall of two twelve, in

542
00:33:13.279 --> 00:33:16.640
particular October fourth, two twelve,
as we know that as when Gauka posted

543
00:33:16.680 --> 00:33:20.519
its piece on its website. Right. Well, I don't know if that's

544
00:33:20.519 --> 00:33:22.319
the exact date, but if you
say it is, I believe you because

545
00:33:22.359 --> 00:33:27.319
I'm not good with dates. All
right, So for purposes of our discussion

546
00:33:27.359 --> 00:33:30.000
this morning, yes, sir,
we'll say October fourth, twenty twelve.

547
00:33:30.079 --> 00:33:32.960
That's fine, yes, sir,
okay, Now let us do this.

548
00:33:34.039 --> 00:33:37.480
We touched on a moment ago how
you were going to do that publicity tour

549
00:33:37.519 --> 00:33:40.000
for TNA. Yes, sir,
okay, So to focus on that,

550
00:33:40.119 --> 00:33:45.240
let's look at defendants Exhibit seventy six, mister Balaya. Can you see that?

551
00:33:45.400 --> 00:33:46.680
Is that big enough for you to
see? Okay? Yes, sir,

552
00:33:46.759 --> 00:33:51.079
it is okay. Now, this
is or I believe it is your

553
00:33:51.160 --> 00:33:55.240
itinerary for your New York City media
tour to promote the TNA Bound for Glory

554
00:33:55.279 --> 00:33:59.759
tour. Is that your understanding the
itinerary? Yes? You may want to

555
00:33:59.759 --> 00:34:01.480
look. Well, I don't see
anything in cash for an itinerary, brother,

556
00:34:01.680 --> 00:34:05.720
Tim. If you could display the
second page, did you see there,

557
00:34:05.759 --> 00:34:07.719
mister Blay at the very top of
the portion that's displayed. Yeah,

558
00:34:08.320 --> 00:34:12.440
I see it now, hul Kogan, New York City Media to a Bound

559
00:34:12.440 --> 00:34:15.239
for Glory, Yes, sir?
All right, now, for the purpose

560
00:34:15.280 --> 00:34:17.159
of your media tour, in what
do we have there? The dates?

561
00:34:17.199 --> 00:34:21.800
Can you make out those dates eight
through ten at the very top? Tim,

562
00:34:22.079 --> 00:34:24.239
October eighth through ten, dude,
Yes, there you go. Okay.

563
00:34:24.400 --> 00:34:28.599
The purpose of that tour was to
promote this pay per view event that

564
00:34:28.679 --> 00:34:30.280
was coming up, right, Yes, sir. Now the first appearance you

565
00:34:30.320 --> 00:34:34.320
had on October ninth was on the
Howard Stern Show. What it says?

566
00:34:34.679 --> 00:34:37.519
Do you see that? Yes,
sir, that's what it says. Okay,

567
00:34:37.519 --> 00:34:39.000
And we saw some of that yesterday, didn't we, Yes, sir.

568
00:34:39.239 --> 00:34:42.599
The next entry, if we moved
down the page, we have the

569
00:34:42.639 --> 00:34:45.079
Today Show. Do you see that? Yes, I do with Kathy lean

570
00:34:45.159 --> 00:34:47.679
Hoda. Do you see that,
yes, sir? Okay. If you

571
00:34:47.760 --> 00:34:51.760
look over on page four, you'll
see it refers to an appearance on Pierce

572
00:34:51.840 --> 00:34:54.679
Morgan CNN Live. Yes, sir, do you see that? Yes?

573
00:34:54.719 --> 00:34:59.079
I do? All right, And
you interviewed by Piers Morgan, weren't you?

574
00:34:59.239 --> 00:35:00.960
Well, I have been, yes, sir, I just don't know

575
00:35:01.280 --> 00:35:05.480
you. I'm sure if they if
it's there, we interviewed because we went

576
00:35:05.599 --> 00:35:07.599
right down this high tinerary and if
there were you know, if that was

577
00:35:07.679 --> 00:35:10.760
on there, then we did that
interview. But plus there may have been

578
00:35:10.800 --> 00:35:15.400
other stuff added as we went during
the day. You know where they can

579
00:35:15.440 --> 00:35:17.480
say, you know, okay,
you before Pierce Morgan, you can stop

580
00:35:17.519 --> 00:35:21.400
here and give a quick radio thing. But if it's on there, we

581
00:35:21.440 --> 00:35:25.119
did it. I do not remember
canceling anything. I just remember adding on

582
00:35:25.199 --> 00:35:29.599
stuff on the tour. Okay,
so you did you fulfilled your commitment.

583
00:35:29.920 --> 00:35:31.719
I'm sure I did, yes,
sir, and made these appearances. I'm

584
00:35:31.719 --> 00:35:37.159
sure. And what you explained into
us is you probably did more. Yeah,

585
00:35:37.199 --> 00:35:39.440
I'm pretty sure I did. Okay, Now, what we're going to

586
00:35:39.519 --> 00:35:44.679
do is we're going to focus your
attention again on your appearance on How It's

587
00:35:44.719 --> 00:35:47.119
Stirred on October ninth, twenty twelve. We looked at that a bit yesterday.

588
00:35:47.199 --> 00:35:51.519
Let's look at a clip from defendant's
Exhibit three zero two, which is

589
00:35:51.559 --> 00:35:55.039
your appearance on that show. Video
clip published as follows. Doesn't the tape

590
00:35:55.039 --> 00:35:58.960
in away, I'm not going to
present something too Yeah, make you look

591
00:35:59.000 --> 00:36:00.840
like a god? I mean you
don't look physically man, you look good.

592
00:36:01.239 --> 00:36:05.159
Well, that's part of you,
know, screaming about your big thick

593
00:36:05.239 --> 00:36:07.079
cock, your brutal, dude,
brutal. If I was on the tape,

594
00:36:07.079 --> 00:36:09.639
the girl would be like, when
are you going to put it in?

595
00:36:09.719 --> 00:36:13.679
Oh my god? I mean you
come out like a stud, honest

596
00:36:13.719 --> 00:36:15.360
to god, are you kidding me? Do you think you come off bed

597
00:36:15.400 --> 00:36:20.800
in that tape? I mean,
let's video clip concluded. Now, you

598
00:36:20.920 --> 00:36:23.079
explained to us yesterday that you were
familiar with how it stearns program? Right,

599
00:36:23.199 --> 00:36:25.519
Yes, sir, judge, can
we ask him to play the balance

600
00:36:25.519 --> 00:36:29.159
of that clip please. We think
it's out of context without his response to

601
00:36:29.199 --> 00:36:31.480
that last question. His response to
that last question. In other words,

602
00:36:31.559 --> 00:36:36.360
they show the question without the response. Okay, for the record, judge,

603
00:36:36.360 --> 00:36:39.000
it's three O two D of the
exhibits, your honor. I thought

604
00:36:39.000 --> 00:36:42.920
the way this was going to work
is we would play clips, they would

605
00:36:42.920 --> 00:36:45.760
play what they preferred in their case. But we're happy to do this,

606
00:36:45.840 --> 00:36:47.239
but it's going to take a few
minutes to find it. So rather than

607
00:36:47.320 --> 00:36:51.360
having folks all right, why don't
we take a quick comfort break while we

608
00:36:51.360 --> 00:36:53.800
sought out these technicalations. Thank you
all very much. The jury exited the

609
00:36:53.840 --> 00:36:58.400
courtroom at ten and fourteen am at
the bench. So, if you're going

610
00:36:58.440 --> 00:37:00.440
to do something for the rule of
completion, I what sort of back to

611
00:37:00.920 --> 00:37:05.519
I'm not sure if it's an impeachment
or if it's something inconsistent, or you're

612
00:37:05.559 --> 00:37:08.440
just getting him to comment on what
his comments were. But I imagine then

613
00:37:08.719 --> 00:37:13.559
that if there's the remainder part,
you're going to ask him questions to make

614
00:37:13.559 --> 00:37:16.280
sure that he understands whether this whole
tape is going. That's kind of my

615
00:37:16.320 --> 00:37:19.400
point. Again, I go back
to what I was saying, and I'm

616
00:37:19.400 --> 00:37:22.199
going to emphasize this, Judge,
I don't want to walk in anybody's style.

617
00:37:22.239 --> 00:37:23.199
I don't like having to bring some
of this up. And I have

618
00:37:23.199 --> 00:37:27.199
a lot of respect for mister Sullivan
and mister Berry and the way they're handling

619
00:37:27.199 --> 00:37:29.599
these things. So I want Mike
to know that coming out of the block.

620
00:37:29.800 --> 00:37:31.719
But I just don't know what he's
doing ninety percent of the time.

621
00:37:31.800 --> 00:37:35.519
So when a clip just comes up
against a question and I can't tell if

622
00:37:35.559 --> 00:37:37.480
it's impeachment or if he's going to
show the clip is substantive, which in

623
00:37:37.519 --> 00:37:40.719
his statements would be admissions, and
that's fine. I think if he's going

624
00:37:40.760 --> 00:37:44.159
to show the clip and the clip
is a question of an interview, and

625
00:37:44.199 --> 00:37:46.679
then we don't see the answer and
my client is going to be asked questions

626
00:37:46.679 --> 00:37:50.239
about it, I don't know how
I can control the And it's an issue

627
00:37:50.280 --> 00:37:53.000
of really preserving my right to make
sure and I want to keep going back

628
00:37:53.000 --> 00:37:57.280
and forth to replace it because some
of it is offensive language and we really

629
00:37:57.280 --> 00:38:00.559
don't need to continue to break those
same issues. Yeah, I let this

630
00:38:00.639 --> 00:38:02.719
go a lot yesterday. So is
there a way? Is there a way

631
00:38:02.760 --> 00:38:07.440
without revealing your cross You can at
least say here that here are the next

632
00:38:07.440 --> 00:38:08.519
few things, so that they can
catch up with you on some of these

633
00:38:08.559 --> 00:38:14.719
clips. Well, here's the thing, your honor. I think the way

634
00:38:14.760 --> 00:38:17.440
this goes as I play the tape, I play an excerpt. Right,

635
00:38:19.119 --> 00:38:24.280
this is cross I understand. I
ask him questions. Right, mister Turkle,

636
00:38:24.519 --> 00:38:29.639
If he thinks it seemed unfair,
you've got redirect. You play the

637
00:38:29.679 --> 00:38:32.599
whole tape. Okay, you don't
make me. You don't keep interrupting my

638
00:38:32.679 --> 00:38:37.559
cross examination and make me play other
segments. You know how this works,

639
00:38:37.840 --> 00:38:40.199
Judge, to make your trial move
along and not board these poor souls to

640
00:38:40.280 --> 00:38:43.519
death, we have to proceive at
some pace. It's unfair to do it

641
00:38:43.519 --> 00:38:47.159
this way. It is so in
Henna. Can I say one other thing?

642
00:38:47.280 --> 00:38:51.400
You got up ken, You played
a huge segment from how it's turned.

643
00:38:51.440 --> 00:38:53.480
We're thinking he can't actually get this
in because that's like letting this to

644
00:38:53.519 --> 00:38:58.480
Bella testifying that tape. For us, it's a party opponent admission. For

645
00:38:58.559 --> 00:39:01.079
him, it's not okay. But
he didn't obstruct his exam. We sat

646
00:39:01.119 --> 00:39:05.719
there and I bit my tongue and
I let him go on. The point

647
00:39:05.800 --> 00:39:07.599
is what I don't do on those
And if you look at the context of

648
00:39:07.599 --> 00:39:10.599
what we're using, if they think
I'm offering it for the truth or something,

649
00:39:10.599 --> 00:39:14.360
that's fine, we can talk about
it. Most of those aren't being

650
00:39:14.360 --> 00:39:16.760
offered for that. They're frankly being
offered for ancillary reasons. But the bigger

651
00:39:16.760 --> 00:39:20.599
picture on this is very simple,
and I agree with everything he says and

652
00:39:20.719 --> 00:39:23.039
judge, like for the TMZ tape
where they just showed a snippet, I'm

653
00:39:23.039 --> 00:39:27.079
going to show the rest on redirect. I just don't think you show an

654
00:39:27.079 --> 00:39:30.239
interviewer asking someone a question and then
you don't let him have the benefit of

655
00:39:30.280 --> 00:39:34.519
seeing his answer if you're going to
question him on it. That's real time.

656
00:39:35.039 --> 00:39:37.559
That isn't something I can cure on
redirect. That's kind of my point,

657
00:39:38.639 --> 00:39:42.800
your honor. It's hard for me
to rule specifically on that because I

658
00:39:42.800 --> 00:39:45.039
don't have the full clip ahead of
time for me to even know what to

659
00:39:45.119 --> 00:39:50.079
follow your objection right, perhaps,
missus Sullivan, if you're going to ask

660
00:39:50.119 --> 00:39:53.400
them questions about have him make comments
on his clip, let me tell you

661
00:39:53.440 --> 00:39:57.679
where we're going. Okay, I'm
going to show him some clips of stuff

662
00:39:57.679 --> 00:40:02.000
he's discussing with Howard Stern. Howard's
Stern is asking him things, and we're

663
00:40:02.119 --> 00:40:07.440
going to I mean, this is
now revealing where I'm going in my cross,

664
00:40:07.480 --> 00:40:10.400
which I think is a little much
dicey. But that's what he seems

665
00:40:10.440 --> 00:40:14.559
to want is a preview. I'm
going to ask him about the discussion he

666
00:40:14.599 --> 00:40:16.599
had there and how that made him
feel. But I guess here's that if

667
00:40:16.639 --> 00:40:21.079
you're only showing him one part and
then it's almost like a refresh your recollection

668
00:40:21.119 --> 00:40:23.239
kind of situation, then well,
this was discussed, I think he would

669
00:40:23.239 --> 00:40:25.800
be entitled to see the rest of
it. Well, no, these are

670
00:40:25.960 --> 00:40:30.440
that's where I was coming from,
little segments. These are little segments.

671
00:40:30.559 --> 00:40:35.000
Okay, I'm not like cutting off
his answer. This isn't like a deposition.

672
00:40:35.320 --> 00:40:37.639
Here is something you discussed on Howard
Stern. I've tried to be mindful

673
00:40:37.639 --> 00:40:40.880
of the Court's admonition to me before
we were about to do this back last

674
00:40:40.960 --> 00:40:44.840
June, and I told you I
would be judicious in my selection, and

675
00:40:44.880 --> 00:40:47.079
I've tried to honor that with the
courts. So I don't go on and

676
00:40:47.159 --> 00:40:50.880
on and where out my welcome,
either with you or with the jurors.

677
00:40:51.239 --> 00:40:53.079
Okay, Judge. At the end
of the day, I think, and

678
00:40:53.119 --> 00:40:55.400
I'm looking at this one clip,
and there is a question in front of

679
00:40:55.440 --> 00:40:58.599
my client, and when he's about
to answer it, they don't play it.

680
00:40:58.679 --> 00:41:00.960
And I don't know if he intends
to play. He doesn't have to

681
00:41:00.000 --> 00:41:02.920
reveal his cross to me. The
way I'm looking at it is, if

682
00:41:04.239 --> 00:41:06.840
that's that big of a deal,
If it's that big of a deal,

683
00:41:07.079 --> 00:41:10.719
I'll just go back and I'll show
it during my redirector Okay, good,

684
00:41:10.960 --> 00:41:14.840
So can we get that? Is
this one fixed? For now? All

685
00:41:14.880 --> 00:41:17.199
have to ask him? We just
lost mister Barry. Judge, may I

686
00:41:17.320 --> 00:41:22.679
run to the restroom. Certainly you
should have a comfort break. You know

687
00:41:22.880 --> 00:41:25.679
what's bizarre, Judge? Every day
the same snack. Barry eats apples,

688
00:41:25.760 --> 00:41:30.360
he eats bananas. I've noticed that
we all eat protein bars, they eat

689
00:41:30.360 --> 00:41:37.800
apples and bananas, and it doesn't
change. Thank you. Are we done

690
00:41:37.800 --> 00:41:40.519
with this? I think? So? So what do we do? He's

691
00:41:40.559 --> 00:41:44.599
gonna play the rest of this one
and then come back in open court?

692
00:41:44.920 --> 00:42:02.760
Recess Taken from ten twenty am to
ten twenty four am Wrestling podcast with Ja's

693
00:42:02.840 --> 00:42:07.920
The raps Fan Wrestling Podcast. So
can we take the stand? We'll bring

694
00:42:07.960 --> 00:42:10.320
in the deputy the jurist. The
jury entered the courtroom at ten twenty four

695
00:42:10.400 --> 00:42:13.880
am. Thank you very much everyone. Mister Blair, you can take the

696
00:42:13.920 --> 00:42:15.400
stand. I'm not sure we will
resolved the technical issues, but we're moving

697
00:42:15.440 --> 00:42:36.280
forward. Mister brother. Now,
you explained to us yesterday that you were

698
00:42:36.280 --> 00:42:38.400
familiar with the how Its Stern program, Yes, sir, okay, and

699
00:42:38.480 --> 00:42:42.599
you had appeared in this program between
five and ten times. Correct? I

700
00:42:42.639 --> 00:42:45.119
would say ten? You know,
between five and ten? Yes, sir,

701
00:42:45.199 --> 00:42:47.440
you know there that may have been. That's way too much. Five

702
00:42:47.480 --> 00:42:52.039
and ten? Do you think that's
I haven't. You know, it's been

703
00:42:52.119 --> 00:42:54.000
hard to get on this show because
of a schedule, So I would say

704
00:42:54.039 --> 00:42:58.760
between between five and ten, but
I wouldn't go as far to say I've

705
00:42:58.800 --> 00:43:01.440
been there ten times. That doesn't
sound right. Five to ten, brother,

706
00:43:01.559 --> 00:43:05.440
If you would look please at volume
four, page four fifty eight yes,

707
00:43:05.559 --> 00:43:07.840
or four fifty eight yes, sir. If you would look, sir

708
00:43:07.920 --> 00:43:09.719
at the question starting online eight to
that page, here you go. Do

709
00:43:09.760 --> 00:43:14.079
you see that somewhere in that range. You said that at four, five,

710
00:43:14.320 --> 00:43:15.800
not more than ten, right,
yeah, yeah, that's just different

711
00:43:15.800 --> 00:43:20.280
than what you said before, because
but I said four or five, not

712
00:43:20.440 --> 00:43:22.519
more than ten. I didn't say
five to ten. So you got me

713
00:43:22.559 --> 00:43:27.159
thinking literally about the number ten,
and it didn't work for me. I'm

714
00:43:27.199 --> 00:43:32.559
sorry. I didn't understand that.
You didn't understand this product. And you

715
00:43:32.639 --> 00:43:37.199
told us yesterday when you go on
Howard Stern's show, yes, sir,

716
00:43:37.400 --> 00:43:40.679
you expect discussion questions about sexual matters. Is that fair to say? Yes,

717
00:43:40.679 --> 00:43:43.599
sir, you know you have to
take the good with the bad,

718
00:43:43.880 --> 00:43:46.079
okay. And when you were appearing
and discussing these matters with Howard Stern and

719
00:43:46.119 --> 00:43:50.000
he was talking about the sex tape, we saw some of that yesterday.

720
00:43:50.119 --> 00:43:52.599
Yes, sir, I take it
that you didn't like whoa, whoa.

721
00:43:52.679 --> 00:43:55.239
I don't want to discuss this.
You didn't say that. You never said

722
00:43:55.239 --> 00:43:58.480
to him, did you? You
never said that to him, did you,

723
00:43:58.519 --> 00:44:01.400
mister Stern? Mister Stern, Well, I just like dropped my head

724
00:44:01.400 --> 00:44:04.400
in my hands. I was like, you know, it was just embarrassing,

725
00:44:04.519 --> 00:44:07.840
humiliating just to hear it. But
I didn't say it. I mean,

726
00:44:07.920 --> 00:44:10.800
I know I was on an entertainment
show, and I had to be

727
00:44:10.800 --> 00:44:15.679
an entertainer, so I was just
I just kept going. I didn't say

728
00:44:15.679 --> 00:44:17.880
it, no, sir, okay. So I take it that at no

729
00:44:19.000 --> 00:44:22.000
point in the discussion with mister Stern
did you say, well, this is

730
00:44:22.039 --> 00:44:24.719
not a legitimate topic to discuss publicly. You never said that, did you.

731
00:44:24.719 --> 00:44:28.320
No? On an entertainment show.
I never said that. Okay.

732
00:44:28.440 --> 00:44:30.599
You never said to mister Stern on
this entertainment show, no, this is

733
00:44:30.679 --> 00:44:35.320
not a legitimate topic of commentary,
right, No, sir, you have

734
00:44:35.400 --> 00:44:37.039
to take the good with the bad, as I said. Okay. And

735
00:44:37.079 --> 00:44:42.280
when mister Stern was making characterizations of
the tape and what folks would see on

736
00:44:42.320 --> 00:44:45.480
the tape, you didn't object to
those characterizations, did you. No,

737
00:44:45.559 --> 00:44:47.000
sir? Well, you know,
when he's you know, that's his show.

738
00:44:47.719 --> 00:44:51.440
He's in control, and he wants
you know, if he wants to

739
00:44:51.440 --> 00:44:55.119
talk about characters or characterizations, you
just have to follow his lead because that's

740
00:44:55.119 --> 00:45:00.320
how his show works. Okay.
And at no point, I take did

741
00:45:00.320 --> 00:45:02.679
you tell how it sterned it.
Look, this was a private moment between

742
00:45:02.679 --> 00:45:06.320
me and Heather, and you would
prefer that he respect your private So you

743
00:45:06.320 --> 00:45:07.599
didn't say that, right, No, sir, you know I didn't want

744
00:45:07.599 --> 00:45:13.679
to bring Terry Balaya the man and
separate the man from the character and bring

745
00:45:13.719 --> 00:45:15.320
that into the conversation. So no, sir, I did not say that.

746
00:45:15.599 --> 00:45:19.920
I did not want to do that, all right. At one point,

747
00:45:20.000 --> 00:45:22.719
Howard Stern says something to you like, this is going to be the

748
00:45:22.719 --> 00:45:25.719
biggest TNA Impact Wrestling event with you
in the news like this. Do you

749
00:45:25.760 --> 00:45:29.760
remember him saying something like that to
you. I don't recall, but you

750
00:45:29.760 --> 00:45:32.000
know he probably would have said something
like that. That sounds like something he

751
00:45:32.039 --> 00:45:37.000
would say to help promote the show. Okay, I understand what you're telling

752
00:45:37.079 --> 00:45:39.480
me about. You're sitting there in
the moment and Howards making his you know,

753
00:45:39.719 --> 00:45:43.880
he's talking and saying this, and
you're talking with him, and you

754
00:45:43.960 --> 00:45:46.960
don't say, how I feel uncomfortable. This is a private matter. You

755
00:45:46.960 --> 00:45:51.159
don't say that to him on air? No, I don't. Okay,

756
00:45:51.320 --> 00:45:54.000
But before you go on air with
Howard Stern, you come to the studio

757
00:45:54.079 --> 00:45:58.960
you're ready to do this appearance.
Yes, sir, I take it you

758
00:45:58.960 --> 00:46:01.480
didn't go to Howard before and say
listen, I'm here to talk about the

759
00:46:01.519 --> 00:46:06.159
TNA bound for glory. Matta,
I'm not here to address the sex tape.

760
00:46:06.199 --> 00:46:07.280
You didn't do that, you know, No, I didn't. But

761
00:46:07.320 --> 00:46:10.639
that always happens. You know,
my publicist goes to you know, does

762
00:46:10.760 --> 00:46:15.719
go to whoever we're talking about a
specially a situation like this, and you

763
00:46:15.800 --> 00:46:16.800
have to try to say, Howard
Stern, you know, can we just

764
00:46:16.840 --> 00:46:22.599
talk about wrestling and please don't talk
about it anything else personal? And sometimes

765
00:46:22.599 --> 00:46:24.800
there's a compromise where if it's not
Howard Stern and somebody else, can you

766
00:46:24.840 --> 00:46:28.840
say, please don't talk about my
personal life, they have to kind of

767
00:46:28.840 --> 00:46:30.599
like touch on it and move on. But that's not what I said.

768
00:46:30.760 --> 00:46:34.559
That's what I said, you have
to take the good with the bad.

769
00:46:34.800 --> 00:46:37.199
But that would not have been my
job to do that. My publicist would

770
00:46:37.199 --> 00:46:42.079
go to Howard or whoever it was. And that's a conversation that standard protocol.

771
00:46:42.480 --> 00:46:45.760
You always have that conversation. The
publicist does it. I would never

772
00:46:45.800 --> 00:46:49.559
have that conversation. Now, are
you telling us that in this instance you

773
00:46:49.599 --> 00:46:52.760
went and had your publicist take Howard's
people aside and say, look, mister

774
00:46:52.880 --> 00:46:57.000
Hogan is not going to talk about
the sex tape. Matta. That didn't

775
00:46:57.039 --> 00:46:59.480
happen, did it? No,
I did not in this instance. Do

776
00:46:59.559 --> 00:47:02.360
that. You know that standard protocol
whenever you walk in you try to stay

777
00:47:02.400 --> 00:47:06.159
on the subduct that you're talking about. Do you know for a fact,

778
00:47:06.199 --> 00:47:08.559
as you sit here today that your
publicist went to Howard and said this sex

779
00:47:08.639 --> 00:47:12.800
tape business not going to be discussed. I was not pretty to that conversation.

780
00:47:13.039 --> 00:47:15.079
So you don't know. No,
I don't know what was said in

781
00:47:15.119 --> 00:47:19.239
the conversation. I was just telling
you what usually happens. Yeah, and

782
00:47:19.280 --> 00:47:22.320
what you and I wouldn't have that, you know, usually any conversation,

783
00:47:22.880 --> 00:47:25.679
all right, And what you know
is that you Terry Balah Hulk Hogan,

784
00:47:25.880 --> 00:47:30.079
Yes, sir, did not have
such a conversation with how It sterned.

785
00:47:30.159 --> 00:47:32.559
No, I did not yourself,
No, sir, all right, And

786
00:47:32.679 --> 00:47:36.840
at no point I take it during
a break in the program or when there's

787
00:47:36.880 --> 00:47:38.920
you know, at no point did
you say that after the interview or the

788
00:47:38.920 --> 00:47:42.800
appearance started. You didn't say that, did you. I don't recall there

789
00:47:42.800 --> 00:47:45.119
being any breaks in Howard's show.
You know, after the interview usually are

790
00:47:45.159 --> 00:47:49.199
off and running to the next one. You know that we're kind of scheduled

791
00:47:49.239 --> 00:47:53.480
for usually late for but it's a
type schedule. So after Howard's interview,

792
00:47:53.679 --> 00:47:57.440
they usually take a picture with you
in the lobby with all the staff and

793
00:47:57.480 --> 00:47:59.480
they've got like a wall you know, what do you call it? Like

794
00:47:59.480 --> 00:48:01.960
a wall of greatness or a wall
of shame or whatever he calls it,

795
00:48:02.000 --> 00:48:06.079
and you get your picture put up
there every time. So it's usually a

796
00:48:06.159 --> 00:48:07.960
quick stop in the hallway when you're
done and you take off for the next

797
00:48:07.960 --> 00:48:12.519
appointment. There's no talking business once, you know. Once you're you're done,

798
00:48:12.559 --> 00:48:15.280
you're out of there now. If
we look at the clip, I

799
00:48:15.320 --> 00:48:17.320
think it's three O two B.
If we can take a moment to look

800
00:48:17.320 --> 00:48:21.639
at that, and then I'll ask
you some questions. The Deolip clip published

801
00:48:21.639 --> 00:48:23.599
as follows. Wow, I can
take a breath. This is going to

802
00:48:23.599 --> 00:48:27.679
be the biggest TNA Impact Wrestling event
ever. With you in the news like

803
00:48:27.719 --> 00:48:30.559
this, it's not a bad time
for it to be called team Oh God,

804
00:48:30.679 --> 00:48:35.519
stop robbing? Are there other bad
wrestlers going to be fucking with you?

805
00:48:35.599 --> 00:48:37.559
Going, hey, mister big shot, big cock? Probably not cock,

806
00:48:37.639 --> 00:48:40.400
But do you think they're going to
work it into the storyline? You

807
00:48:40.440 --> 00:48:44.840
know, maybe maybe instead of dropping
a leg on people's neck. I'll start

808
00:48:44.880 --> 00:48:49.320
dropping something else. That's right,
you're dropping the tripod brother, you know.

809
00:48:49.400 --> 00:48:52.440
Robin's right. Yeah, I've been
fighting with that TNA, which is

810
00:48:52.480 --> 00:48:55.039
total nosstop action every time I'll bring
it up there, tits and ass,

811
00:48:55.360 --> 00:48:59.360
and I've been fighting for you two
and a half years since I work since

812
00:48:59.400 --> 00:49:01.519
i've worked there. Yeah, we
changed the impact wrestling, but they still

813
00:49:01.519 --> 00:49:06.280
refer to it as TNA. Bro, you were fighting on every fucking level

814
00:49:06.320 --> 00:49:08.280
of your life. It's unbelievable.
Let me plug. Yeah, maybe now

815
00:49:08.320 --> 00:49:12.800
we should call it tits and as. Yeah, I'll be the general manager.

816
00:49:13.119 --> 00:49:15.599
You were the king of that.
You got me to laugh. Thank

817
00:49:15.639 --> 00:49:20.320
you, dude, You're the man. Video clip concluded. Mister Bala,

818
00:49:20.519 --> 00:49:23.679
there was I want to ask you
this that discussion that was just had between

819
00:49:23.679 --> 00:49:27.679
Howard Stern and you, Yes,
sir, in the context of how with

820
00:49:27.840 --> 00:49:31.000
Stern, was that, in your
view a legitimate topic of commentary in that

821
00:49:31.079 --> 00:49:34.760
context, well, that context,
I was trying to make the best out

822
00:49:34.760 --> 00:49:37.480
of a bad situation. You know, Howard was making me laugh. We

823
00:49:37.480 --> 00:49:39.960
were talking about total NonStop action.
You know, people think of TNA and

824
00:49:40.079 --> 00:49:44.199
me. You know when Howard said, you know, instead of the I

825
00:49:44.239 --> 00:49:47.400
hate the TNA because it makes people
think of tits and ass you know,

826
00:49:47.519 --> 00:49:51.599
excuse me, you know, but
I just said, well, maybe I

827
00:49:51.639 --> 00:49:53.800
should drop something else other than the
big leg if we're going to call it

828
00:49:53.880 --> 00:49:57.159
that. It was all a joke, and Howard said it's a joke.

829
00:49:57.519 --> 00:50:00.280
So I was just going along with
it, okay, having fun. Yes,

830
00:50:00.320 --> 00:50:04.159
sir, he actually had me laughing
for a change. There you go.

831
00:50:04.639 --> 00:50:07.960
When you said the thing, which
were the one that said dropping the

832
00:50:07.000 --> 00:50:12.800
tripod, what were you referring to? Well, you know, we were

833
00:50:12.800 --> 00:50:15.440
in the context of the interview,
so I as I was joking without saying

834
00:50:15.440 --> 00:50:19.159
it. I was joking about,
you know, my penis, That's what

835
00:50:19.239 --> 00:50:22.679
I was joking about. Okay.
I didn't say it because I was trying

836
00:50:22.679 --> 00:50:25.320
to just end the interview and get
out of there. Right, And in

837
00:50:25.400 --> 00:50:29.599
that context with how with Stern and
the joking and the poking of fun and

838
00:50:29.639 --> 00:50:31.840
all that, that was a legitimate
thing to put in that context, wasn't

839
00:50:31.840 --> 00:50:35.119
it to make that kind of a
joke. Well, I was just calling

840
00:50:35.119 --> 00:50:37.519
me Hulk Hogan and we're keeping it
in character and laughing and joking. I

841
00:50:37.599 --> 00:50:40.880
just had fun with it, right, It worked. In context. Yes,

842
00:50:42.440 --> 00:50:44.960
So as you said that, you
weren't thinking to yourself, well,

843
00:50:45.159 --> 00:50:47.679
this is highly inappropriate for me to
say this, were you You weren't thinking

844
00:50:47.719 --> 00:50:51.559
that well? In context? Yes, sir, Well, you know,

845
00:50:51.679 --> 00:50:53.960
with what we've been talking about and
him trying to die in my personal life

846
00:50:53.960 --> 00:50:59.519
and separate the man from the character, it wasn't highly appropriate and context of

847
00:50:59.559 --> 00:51:04.440
the whole conversation with us talking about
entertaining people. Not in that context it

848
00:51:04.480 --> 00:51:07.519
did bother you. No, I
was way beyond that. I was bothered

849
00:51:07.519 --> 00:51:09.440
about the beginning more than the ending. Well, let me ask you this.

850
00:51:09.519 --> 00:51:13.320
I get what you're telling me about
your go on the Howard Stern Show

851
00:51:13.400 --> 00:51:16.320
and he raises these things, these
sexual subjects, and there's the joking to

852
00:51:16.320 --> 00:51:20.199
be had and all of that.
But at times you volunteer topics, don't

853
00:51:20.239 --> 00:51:22.760
you. I mean some of this
you brought up right, Well, that

854
00:51:22.840 --> 00:51:25.000
might have been my verbiage, but
I didn't volunteer the topic of sex.

855
00:51:25.440 --> 00:51:30.400
Okay, let's do this. That
was the topic we were on. Pardon

856
00:51:30.599 --> 00:51:32.760
that was you know. The topic
we were on actually was sex and wrestling.

857
00:51:32.960 --> 00:51:37.440
I didn't volunteer the sex topic to
start that. He did, fair

858
00:51:37.559 --> 00:51:39.639
enough, Tim, if we could
look at I think it's clip your honor

859
00:51:39.800 --> 00:51:43.440
D three O two F. If
we could just take a look at that

860
00:51:43.840 --> 00:51:46.679
video clip published just follows. I
don't know, brother, I wasn't in

861
00:51:46.719 --> 00:51:50.000
on it. I swear to god, I had no idea. You know,

862
00:51:50.239 --> 00:51:52.840
they didn't know you were being taped, No, sir, because if

863
00:51:52.880 --> 00:51:54.159
you knew we were being taped,
you wouldn't be on there talking about,

864
00:51:54.199 --> 00:51:57.599
Hey, I feel so fat,
I just did another meal or something like

865
00:51:57.639 --> 00:52:00.599
that. Right, Well, I'm
not trying to be a really his ass,

866
00:52:00.880 --> 00:52:02.599
but I'm going to say something I'm
probably you know, probably gonna live

867
00:52:02.599 --> 00:52:06.719
to regret, you know. And
this thing has totally up en in my

868
00:52:06.840 --> 00:52:09.199
world. But the situation I was
in, I didn't want to be overly

869
00:52:09.199 --> 00:52:13.880
aggressive, right because it was my
friends girl, If you know what I'm

870
00:52:13.920 --> 00:52:16.559
saying, Yes, yes, things
you know could have been to a whole

871
00:52:16.559 --> 00:52:20.719
other level. And I was trying
to be cool. You know what do

872
00:52:20.760 --> 00:52:22.559
you mean? I'm not getting this. He was being polite, he was

873
00:52:22.599 --> 00:52:27.159
being a gentleman. Thank you,
Thank you, Robin. You didn't want

874
00:52:27.159 --> 00:52:30.400
a banger, no, I you
know, when I wrestle guys in the

875
00:52:30.480 --> 00:52:32.800
ring, guys that are my friends. I'm cool with guys that aren't my

876
00:52:32.800 --> 00:52:37.679
friends. I get really, you
know, much more aggressive. I don't

877
00:52:37.760 --> 00:52:39.960
understand what you're saying. How Come
I'm not catching on, because you know

878
00:52:40.079 --> 00:52:44.719
I was. I was just trying
to be Robin. What does whole COVID

879
00:52:44.760 --> 00:52:47.440
mean? He was laid back.
It was sort of like a like training

880
00:52:47.440 --> 00:52:52.320
the pipes as opposed to a full
on affair. Yeah, he who wasn't

881
00:52:52.360 --> 00:52:54.880
in there doing what he really does. What you're saying is, in other

882
00:52:54.920 --> 00:53:00.119
words, your performance would have been
way more intense. Video clip concluded now

883
00:53:00.320 --> 00:53:05.119
having that passage in mind, Yes, sir, you volunteered that topic,

884
00:53:05.159 --> 00:53:07.920
didn't you. No, I didn't
volunteer. He started the verbiage, and

885
00:53:07.960 --> 00:53:12.840
I was talking about the topic he
started. You began with that talking about

886
00:53:12.880 --> 00:53:15.679
the manner in which you engaged in
sex with Heather by saying, quote,

887
00:53:15.719 --> 00:53:17.920
I'm going to say something I will
probably regret. Then you said, I'm

888
00:53:17.960 --> 00:53:22.320
not trying to come off like a
pompous ass, and then you basically told

889
00:53:22.360 --> 00:53:24.960
a story with the discussion with Howard
and his colleague Robin, about how you

890
00:53:25.000 --> 00:53:29.840
weren't as aggressive in the sex that
has seen in that video as perhaps you

891
00:53:29.880 --> 00:53:32.280
would be other times or otherwise,
right, Yeah, I did say that,

892
00:53:32.639 --> 00:53:36.280
okay, and you raise that.
Howard didn't raise that, did he?

893
00:53:36.639 --> 00:53:39.119
No? He Well he started the
topic of sex right now in that

894
00:53:39.199 --> 00:53:43.960
context, sitting there at that time, Yes, sir, you obviously thought

895
00:53:44.239 --> 00:53:46.360
that was a legitimate thing to a
discuss on Howard Show. Right, well,

896
00:53:46.400 --> 00:53:50.440
I'd have a problem discussing it,
you know, I was on his

897
00:53:50.440 --> 00:53:53.599
show entertaining in character. He knew
he was going to dig, you know,

898
00:53:53.679 --> 00:53:57.199
take the good with the bad,
you know, and I was trying

899
00:53:57.239 --> 00:54:00.280
to move through the interview as best
I could. When you're under that type

900
00:54:00.320 --> 00:54:02.679
of heavy fire from someone that pushes
you, that that hard on you,

901
00:54:02.679 --> 00:54:06.719
you just you know, you're praying
that you can move on, you know,

902
00:54:06.800 --> 00:54:08.840
the next subject and eventually accomplish what
you're there for to talk about the

903
00:54:08.840 --> 00:54:12.800
show DNA. All right, fair
enough, let us look. Let us

904
00:54:12.840 --> 00:54:15.119
look at the final of these clips. Tim, if you could please pull

905
00:54:15.199 --> 00:54:20.199
up D three zero two F video
clip published as follows. Look, let

906
00:54:20.199 --> 00:54:22.199
me understand what's going on. Yeah, last time you were here, let's

907
00:54:22.199 --> 00:54:24.880
backtrack. You said you looked me
in the eye point blank and you said,

908
00:54:24.880 --> 00:54:28.280
man code, I would never break
the man code. I would never

909
00:54:28.360 --> 00:54:31.280
bang another guy's wife, a buddy's
wife, a buddy's wife. You want

910
00:54:31.320 --> 00:54:34.920
me to play the clip? Yeah? Please, Just so you know I'm

911
00:54:34.960 --> 00:54:37.119
not making this up. Here we
go. Clip published. Would you ever

912
00:54:37.199 --> 00:54:42.079
fuck Heather? No man, law
man, law bro, even if they

913
00:54:42.079 --> 00:54:45.440
were divorced for ten years. Dude, you would never fuck Heather or if

914
00:54:45.440 --> 00:54:49.320
I met your ex wife simply because
she's wouldn't fuck max wife, No way.

915
00:54:49.800 --> 00:54:52.039
I love that you won't do that. That's man law breaking. Man.

916
00:54:52.599 --> 00:54:57.039
I love that you understand that you
don't do that. Clip concluded,

917
00:54:57.559 --> 00:55:00.480
Well, what happened, Well,
I was protection mode. In protection mode,

918
00:55:01.400 --> 00:55:06.840
he was lied to us. You
lied to me. Well, I

919
00:55:06.920 --> 00:55:09.400
had my fingers crossed, my toes
were crossing the word the F word,

920
00:55:09.559 --> 00:55:14.079
Yes it is. I mean I
would call it a different type of word.

921
00:55:14.199 --> 00:55:16.119
Well, you're still friends with Bubba, right, We're very good friends.

922
00:55:16.360 --> 00:55:19.760
So Bubba, I know, can't
talk about this because he has a

923
00:55:19.800 --> 00:55:24.199
divorce agreement. Well, the video
clip concluded, Now, how would start

924
00:55:24.239 --> 00:55:27.880
asks you when you made that prior
appearance? He says, you lie to

925
00:55:27.960 --> 00:55:30.760
us, right, Well that's what
he said, Yes, sir, Now

926
00:55:30.800 --> 00:55:32.960
you weren't truthful with him before?
Were you well on this show? As

927
00:55:32.960 --> 00:55:37.599
we're talking on a character driven show, I did not want to talk about

928
00:55:37.719 --> 00:55:40.159
Terry Beale and his personal life.
What was going on with Terry Bala?

929
00:55:40.360 --> 00:55:44.800
You know he's asking me, Hulk
Hogan. You said you never did this,

930
00:55:44.880 --> 00:55:46.760
So I basically didn't want to stir
up a hornet's nest by all of

931
00:55:46.800 --> 00:55:50.280
a sudden talking about the man and
saying, oh, yes, I did

932
00:55:50.320 --> 00:55:52.480
break the man code. You know
there was there's no reason to do that,

933
00:55:53.440 --> 00:55:57.760
right, And now you're telling us
that you were there as Hulk Hogan.

934
00:55:57.920 --> 00:56:00.519
Yes, sir, okay, So
what was there? Was that another

935
00:56:00.559 --> 00:56:04.199
bound for Glory tour? Because I
had different clothes on? Was that the

936
00:56:04.480 --> 00:56:07.599
year before? Yes? That was
okay, thank you. The thing where

937
00:56:07.639 --> 00:56:12.119
he asked you, I will represent
to you that that was after you and

938
00:56:12.199 --> 00:56:15.400
Heather had had your sexual infect But
I'm asking you, is that a year

939
00:56:15.440 --> 00:56:19.239
before the LA last clip was?
Although actually what I'm saying was that the

940
00:56:19.239 --> 00:56:22.800
bound for Glory before when I was
there before. I can't give you that,

941
00:56:22.880 --> 00:56:24.760
but if you would like, I
will find that out and I will

942
00:56:24.760 --> 00:56:29.599
give you precisely. It doesn't matter
when you're on when you're on his show.

943
00:56:29.679 --> 00:56:31.400
Dude, you know it's a character
driven show, so you just have

944
00:56:31.480 --> 00:56:36.400
the role with him. Yeah,
it doesn't matter. I will represent to

945
00:56:36.400 --> 00:56:39.320
you two things that it was after
you had had your sexual encounters with Heather,

946
00:56:39.679 --> 00:56:43.760
the point being that you had lied
to Howard. Okay, but if

947
00:56:43.760 --> 00:56:45.440
you want the precise date, I'll
get it for you. No, that's

948
00:56:45.440 --> 00:56:49.599
fine, that's fine. Okay.
Now you said on that occasion, he

949
00:56:49.639 --> 00:56:52.599
says you lied to us. You
said, well, I was in protection

950
00:56:52.639 --> 00:56:57.480
mode, right, Yes, what
is protection mode? Does that entitle this

951
00:56:57.519 --> 00:57:00.840
person to basically lie? Protection mode? Well? Are we talking about the

952
00:57:00.840 --> 00:57:07.840
person or the character? Well,
let's start with the person. Well,

953
00:57:07.880 --> 00:57:09.920
you know, the person is sitting
here today under oath, and I don't

954
00:57:10.000 --> 00:57:14.559
lie under oath as Terry Balaya.
Now as the character, we can talk

955
00:57:14.599 --> 00:57:17.440
about the tripod. You know,
we can talk about you know, like

956
00:57:17.559 --> 00:57:21.880
I said, I body slammed elephants. You know, I'll serve on tiger

957
00:57:21.920 --> 00:57:24.599
sharks and all those lies. You
know, I pulled bumpers off Cadillac Jack.

958
00:57:24.960 --> 00:57:28.360
You know those are all live.
But that's Hulk Hogan is saying.

959
00:57:28.360 --> 00:57:30.719
A character driven. So I answer
your question, I was there. I

960
00:57:30.800 --> 00:57:34.800
didn't want to talk about Terry Balay. At my experience on the radio,

961
00:57:35.159 --> 00:57:37.320
it was, you know, if
there were stills out there, I was,

962
00:57:37.400 --> 00:57:40.880
you know, the media was attacking
us, and I was actually using

963
00:57:40.880 --> 00:57:44.679
this show, you know, to
try to stop things from moving forward.

964
00:57:44.960 --> 00:57:47.840
I had to talk to Howard about
whatever he brought up. All right,

965
00:57:49.079 --> 00:57:52.480
let me ask you something this,
Terry, I get. I think I've

966
00:57:52.480 --> 00:57:54.639
heard Bubba on the year. Bubba
talks about being in protection mode, doesn't

967
00:57:54.639 --> 00:57:59.000
he. Yeah, I think he
calls it cover his ass mode. Yes,

968
00:58:00.199 --> 00:58:02.480
I think he calls it cover his
butt mode, cover his ass,

969
00:58:02.679 --> 00:58:07.840
right, yes, okay, but
in this world cover your ass protection mode,

970
00:58:07.880 --> 00:58:09.760
it's the same thing, right,
yes, So basically, in that

971
00:58:09.800 --> 00:58:13.800
mode, it is okay to be
dishonest, correct, Well, in that

972
00:58:13.840 --> 00:58:16.360
mode is entertainment. In that mode, you can be a character and say

973
00:58:16.360 --> 00:58:19.719
things like, you know, I
fell off the top of the Empire state

974
00:58:19.800 --> 00:58:22.119
building. I'm so powerful I got
back up. You know. In character,

975
00:58:22.159 --> 00:58:27.360
you know you have the artistic liberty
to you know, go way out

976
00:58:27.400 --> 00:58:30.599
there. Well, in protection mode, right sir, I take it you

977
00:58:30.639 --> 00:58:35.199
can do whatever's necessary to protect yourself, right. Well, yeah, especially

978
00:58:35.239 --> 00:58:37.960
when someone is trying to talk about
your personal privacy and an invasion of your

979
00:58:38.000 --> 00:58:42.760
privacy as Terry Bleya the man.
Yeah, I protect that as Terry Balaya,

980
00:58:42.960 --> 00:58:45.079
and I protect that as whole Cogan. Not wanting to talk about Terry

981
00:58:45.119 --> 00:58:49.920
Balaya. But when you appear on
How It's Stern, when you appeared on

982
00:58:50.039 --> 00:58:53.920
all these other programs we saw yesterday, I don't know about you, but

983
00:58:54.039 --> 00:58:58.639
I didn't hear Terry Boleya mentioned once? Did you? Did I hear Terry

984
00:58:58.679 --> 00:59:00.119
Bala mentioned? No? I did
not. Okay, Now, if we

985
00:59:00.119 --> 00:59:04.880
could move forward and focus your attention
back on that bound for glory, this

986
00:59:05.079 --> 00:59:07.639
media tour you were doing, you
were aware obviously when you were doing these

987
00:59:07.679 --> 00:59:13.039
appearances, these public appearances, that
Gawka had published a story on its website.

988
00:59:13.039 --> 00:59:15.360
That's what's being a disgusted right.
This is before the video came out.

989
00:59:15.559 --> 00:59:19.039
No, sir, this is when
you were doing all these public appearances

990
00:59:19.039 --> 00:59:22.960
in October nine, so that Gawker
had only in October tenth. Now what

991
00:59:22.039 --> 00:59:25.920
I'm asking is Gawker had only published
the story at this time and the video

992
00:59:27.000 --> 00:59:30.400
wasn't out there yet from Gawker.
No, the story is posted and it

993
00:59:30.480 --> 00:59:34.639
is those brief excerpts of that video
with the story October fourth, twenty twelve

994
00:59:34.719 --> 00:59:37.320
is when that happens. Okay,
well, you know what was your question

995
00:59:37.320 --> 00:59:42.360
again and the Latin and that was
this last video I saw, you know,

996
00:59:42.360 --> 00:59:44.960
when I have that blue shirt on
on you know you said that was

997
00:59:44.960 --> 00:59:46.920
the year before. No, no, no, again, I think you're

998
00:59:46.920 --> 00:59:50.199
confused on the chronology. Let me
do it this way, And this is

999
00:59:50.199 --> 00:59:52.719
why I came back to this.
I believe you were confused yesterday and your

1000
00:59:52.719 --> 00:59:58.199
direct examination with mister Turkle, and
you told us that Gawka posted the commentary

1001
00:59:58.239 --> 01:00:00.280
and four or five hours later you're
doing these interviews. Do you remember that,

1002
01:00:02.119 --> 01:00:06.760
I think he was the video hit
And then four or five hours later

1003
01:00:06.800 --> 01:00:08.599
I can't recall exactly, you know. All I know is that is when

1004
01:00:08.599 --> 01:00:13.960
the news came crashing down on us, that Gawker said we've seen the video

1005
01:00:14.360 --> 01:00:19.039
and Bubba's on there turning the camera. That's the first time anybody has actually

1006
01:00:19.039 --> 01:00:22.800
said we've seen the video and told
me personally. Because other than that,

1007
01:00:22.960 --> 01:00:25.000
I thought they were rumors. I
was praying there wasn't There wasn't one,

1008
01:00:25.320 --> 01:00:29.840
right, mister Balaya. We saw
Mike Walter's back in March of twenty and

1009
01:00:29.920 --> 01:00:32.000
twelve, saying I've seen part of
this video, Yes, sir, You'd

1010
01:00:32.039 --> 01:00:37.039
known for months that the video existed, yes, sir, And he said,

1011
01:00:37.079 --> 01:00:38.280
you know, he said, he
said part of it. He said

1012
01:00:38.280 --> 01:00:42.519
he didn't know if there was a
whole video. So I was just praying.

1013
01:00:42.559 --> 01:00:45.480
There was just a part of it, and it wasn't a whole praying

1014
01:00:45.840 --> 01:00:51.360
video. Then in April, this
dirty publishes steals from the video, right,

1015
01:00:52.360 --> 01:00:54.199
yes, sir, okay, And
I didn't have a problem with them

1016
01:00:54.239 --> 01:00:58.679
publishing the steals. That wasn't a
problem right now, Well, we aggressively

1017
01:00:58.679 --> 01:01:01.320
went after them. We have the
same season to Desist that we sent to

1018
01:01:01.400 --> 01:01:06.119
your clients saying that if you take
the videos down, we can try to

1019
01:01:06.159 --> 01:01:09.079
live with it, So please season
desist. But where the problem came is

1020
01:01:09.119 --> 01:01:14.119
when Gawker put the video up and
we asked for a season to desist,

1021
01:01:14.360 --> 01:01:16.519
and they played it for months and
months and months and months and months,

1022
01:01:16.760 --> 01:01:21.960
and it made so much damage we
had to live with it. I see

1023
01:01:22.079 --> 01:01:24.199
now. Just so you know,
I'm just trying to get the chronology straight.

1024
01:01:24.239 --> 01:01:30.199
So are you with me? I'm
trying to be Okay, you said

1025
01:01:30.239 --> 01:01:34.800
that last video where I had the
blue shirt on. So what That's what

1026
01:01:34.840 --> 01:01:37.559
I'm trying to say. We were
talking about Bound for Glory before. Right,

1027
01:01:37.639 --> 01:01:42.559
here's the deal we've established. I
believe that Gawker posted its piece on

1028
01:01:42.599 --> 01:01:45.480
October fourth, twenty twelve, right, okay, okay. Now we go

1029
01:01:45.519 --> 01:01:50.320
back to defendants Exhibit seventy six,
which is your itinerary. Remember we looked

1030
01:01:50.360 --> 01:01:52.519
up at the top of the thing
and it said the date was for your

1031
01:01:52.519 --> 01:01:55.960
Bound for Glory Tour October eighth to
tenth. Right, do you make a

1032
01:01:57.000 --> 01:02:00.440
little bigger please? Is that twenty
twelve or twenty eleven, twenty twelve,

1033
01:02:00.719 --> 01:02:04.199
twenty twelve? Okay? I didn't
see that on on there anywhere. Bound

1034
01:02:04.280 --> 01:02:07.199
for Glory Tour October eight to ten, okay, okay, so this is

1035
01:02:07.280 --> 01:02:12.400
it is twenty twelve, right,
yes, okay, cool, because I'm

1036
01:02:12.440 --> 01:02:15.199
sure the year before we started out
with the same schedule. Two go on,

1037
01:02:15.239 --> 01:02:19.519
Howard Stern, right, you know? Okay, So I just want

1038
01:02:19.519 --> 01:02:22.800
to make sure we're on the same
year because it's not on here. Tim,

1039
01:02:22.920 --> 01:02:27.360
If you could scroll up ever so
slightly to folks so folks can see

1040
01:02:27.599 --> 01:02:30.000
the other way. There you go, Howard Stern right, October nine.

1041
01:02:30.000 --> 01:02:32.519
Do you see that? Yes?
I do. I'm sorry. I still

1042
01:02:32.519 --> 01:02:36.159
didn't see the date. You're trying
to tell me the year. I don't

1043
01:02:36.199 --> 01:02:38.199
see it on there, so I
didn't. I was confused. I thought

1044
01:02:38.199 --> 01:02:42.360
it maybe the other one. Okay, you can trust me on this.

1045
01:02:42.800 --> 01:02:46.159
If I were misrepresenting the date,
this sample collection of lawyers scaled advocates would

1046
01:02:46.159 --> 01:02:49.559
be jumping up and down saying,
Urana, he has the date wrong.

1047
01:02:49.639 --> 01:02:52.440
You think. I think they're kind
of maybe waiting for us to figure it

1048
01:02:52.440 --> 01:02:55.159
out it for ourselves. I don't
know, Okay, I don't know what

1049
01:02:55.199 --> 01:02:59.679
they're thinking. So whire you with
me. I'm trying, brother, you're

1050
01:02:59.719 --> 01:03:02.199
doing level best, yes, sir, I am all right? Fair enough?

1051
01:03:02.559 --> 01:03:07.000
Now this is simple. October nine
is if we could subtract four from

1052
01:03:07.079 --> 01:03:09.559
nine, we have five days that
passed between the time Gaucket did its post

1053
01:03:09.599 --> 01:03:14.679
and you appear on Howard Stern.
Right. Well, yes, sir,

1054
01:03:15.119 --> 01:03:17.039
five days, not four or five
hours, right, No, it's five

1055
01:03:17.280 --> 01:03:21.079
days on hours right. So my
question to you is, if you had

1056
01:03:21.079 --> 01:03:23.679
five days you knew that tape was
out there, it's hot news. Everybody's

1057
01:03:23.719 --> 01:03:28.039
talking about this tape. You knew
when you went into those media appearances that

1058
01:03:28.079 --> 01:03:30.719
folks were going to be asking you
about this sex tape, didn't you?

1059
01:03:30.519 --> 01:03:35.599
Yes, sir, okay, all
right, you never you personally, Miss

1060
01:03:35.719 --> 01:03:38.480
Terrible lay A Hull Coogan, whichever
character you personally did not tell any of

1061
01:03:38.519 --> 01:03:42.519
those producers on those media programs that
you were going to start appearing on the

1062
01:03:42.599 --> 01:03:45.480
ninth of October and thereafter say to
them personally, listen, I need you

1063
01:03:45.519 --> 01:03:49.559
to do me a courtesy and not
go into all this sex tape stuff.

1064
01:03:49.559 --> 01:03:52.119
You didn't do that, did you. Well, it's I testify before,

1065
01:03:52.239 --> 01:03:53.920
No, sir, I didn't.
That's the job for a publishers, not

1066
01:03:53.960 --> 01:03:57.519
a talent. Fair enough. We'll
get to that later in the case.

1067
01:03:57.559 --> 01:04:00.719
But my question is simpler, and
it is more precise. You personally did

1068
01:04:00.719 --> 01:04:03.599
not do that, did you.
No, I personally did not do someone

1069
01:04:03.599 --> 01:04:06.679
else's job and do that. All
right, Now, what we're going to

1070
01:04:06.719 --> 01:04:10.679
do now we're still on October nine, twenty twelve, and this is something

1071
01:04:10.719 --> 01:04:13.400
I know from talking with you in
the past and your deposition. There has

1072
01:04:13.440 --> 01:04:16.280
been some confusion a little confusion about
where this fits in the chronology. But

1073
01:04:16.360 --> 01:04:19.039
mister Bola, what I want you
to focus your attention on. Is the

1074
01:04:19.079 --> 01:04:24.199
interview that you did with TMZ in
October nine, twenty twelve. You're in

1075
01:04:24.199 --> 01:04:27.440
New York on the media tour.
You saw it on your itinerary. You

1076
01:04:27.440 --> 01:04:30.920
were staying at the Park Meridian Hotel. Right, yes, sir, you're

1077
01:04:30.960 --> 01:04:32.519
a call that you did an interview
from New York on the phone with TMZ.

1078
01:04:32.599 --> 01:04:35.400
Do you remember that one? Yes, sir, and you're turning mister

1079
01:04:35.480 --> 01:04:39.400
Houston, he too was on the
phone, right, yes, sir.

1080
01:04:39.639 --> 01:04:42.039
Okay, he wasn't in New York
though, was he? No? He

1081
01:04:42.159 --> 01:04:44.800
was not, No, so he's
remote. He's on the phone too.

1082
01:04:45.199 --> 01:04:46.920
The same day that you did the
interview with Howitt Stern that we've been looking

1083
01:04:46.960 --> 01:04:49.360
at. You did this TMZ interview. All right, now, what I'm

1084
01:04:49.400 --> 01:04:53.000
going to do, just so you
have this presently in your mind, I'm

1085
01:04:53.000 --> 01:04:55.639
going to play a brief indroductory clip
just so that you can kind of focus

1086
01:04:55.719 --> 01:05:00.119
that. Okay, Tim, please, video clip published as follows. Oh

1087
01:05:00.239 --> 01:05:01.840
joins us right now along with his
attorney, David Houston. Guys, welcome

1088
01:05:01.880 --> 01:05:05.639
to TMZ Live. How are you. We're good? We're good? Are

1089
01:05:05.639 --> 01:05:09.920
you there, Hulk? Yeah,
brother, I'm here, dude, adeo

1090
01:05:09.960 --> 01:05:13.519
clip concluded, mister Belaya, did
you recognize your voice? I realized that

1091
01:05:13.559 --> 01:05:15.679
was a brief snippet, but do
you recognize your voice in that recording?

1092
01:05:16.679 --> 01:05:18.880
Yeah? When Harvey says, Hulk, Hulk, are you there? I

1093
01:05:18.960 --> 01:05:21.239
go, yeah, brother, I'm
here. You know I just answered him.

1094
01:05:21.239 --> 01:05:25.440
I recognized my voice. Okay,
do you recognize mister Houston's voice on

1095
01:05:25.440 --> 01:05:28.840
that? I wasn't paying attention.
Was his voice on there? All right,

1096
01:05:28.920 --> 01:05:30.400
that's fair, I'm sorry I didn't
pay attention if he was on there.

1097
01:05:30.599 --> 01:05:34.119
Okay, what we'll do is we'll
play a little more. Okay,

1098
01:05:34.400 --> 01:05:38.679
you'll let me know after you here, Sure, some more clips. I

1099
01:05:39.000 --> 01:05:41.519
didn't want to take the time,
but let me know if we play a

1100
01:05:41.559 --> 01:05:44.840
little more. Okay, if you
hear mister Houston. Okay, now we're

1101
01:05:44.880 --> 01:05:46.000
going to play a second clip.
I would like you to focus on this.

1102
01:05:46.199 --> 01:05:48.760
I think this will bring to present
for you. All right, sure,

1103
01:05:49.519 --> 01:05:54.760
okay, Tim, if you could
play, please play D two seventy

1104
01:05:54.800 --> 01:05:58.480
B video clip published as follows.
This is the end of the tape.

1105
01:05:58.679 --> 01:06:00.960
You leave and Bubba comes back in
the room, and Heather's on the bed,

1106
01:06:00.000 --> 01:06:02.079
and Bubba says, I quote,
if we ever do want to retire,

1107
01:06:02.119 --> 01:06:04.280
all we'd have to do is use
this footage of him. So I

1108
01:06:04.280 --> 01:06:06.920
just want to get your reaction to
that. I know you thought this might

1109
01:06:06.960 --> 01:06:10.559
be one of the tapes. I
can tell you one hundred percent that is

1110
01:06:10.599 --> 01:06:13.800
what Bubba says when you leave the
room. I didn't hear day including I

1111
01:06:13.840 --> 01:06:16.239
didn't hear David Houston's voice on there. No, sir no, I said

1112
01:06:16.239 --> 01:06:19.880
there will be other clips. Oh
okay, yeah, this let me see

1113
01:06:19.880 --> 01:06:21.920
if I can help you out this
clip we just looked at. That's the

1114
01:06:21.960 --> 01:06:26.880
fellow in the black T shirt.
That's mister Walters again, right okay,

1115
01:06:26.960 --> 01:06:29.639
and he says, right, this
is exactly that is the end of the

1116
01:06:29.639 --> 01:06:31.119
tape. You leave, and Bubba
comes back in the room and Heather is

1117
01:06:31.159 --> 01:06:33.679
on the bed, and Bubba says, I quote, if we ever did

1118
01:06:33.679 --> 01:06:36.719
want to retire, all we'd have
to do is use this footage of him.

1119
01:06:36.760 --> 01:06:40.800
So I kind of wanted your reaction
to that. That's what that's Mike

1120
01:06:40.840 --> 01:06:44.199
Walters saying that I know you know
that this may be in one of the

1121
01:06:44.199 --> 01:06:45.760
tapes. I can tell you one
hundred percent that is what Bubba says when

1122
01:06:45.760 --> 01:06:48.760
you leave the room. Now,
you remember learning that in October nine and

1123
01:06:48.840 --> 01:06:53.199
that TMZ interview, right, Yes, sir, was that the first time

1124
01:06:53.360 --> 01:06:56.760
that you learned that Bubba, who
was a buddy, had made that statement

1125
01:06:56.800 --> 01:07:00.760
about retiring off of this footage the
best about recollection. That's the first time

1126
01:07:00.800 --> 01:07:02.920
I heard it, and that's the
first time it was confirmed by Mike Walters.

1127
01:07:03.199 --> 01:07:06.119
And I think another producer came on
the phone and said I've seen it

1128
01:07:06.159 --> 01:07:10.039
too, because when Harvey said he
didn't see it, I said, well,

1129
01:07:10.079 --> 01:07:13.239
then I don't believe you. So
there's some kind of you know,

1130
01:07:13.280 --> 01:07:16.760
so there's some of the tape missing. Okay, take a look at another

1131
01:07:16.760 --> 01:07:20.519
segment, tim, If you could
please play D two seventy d video clip

1132
01:07:20.559 --> 01:07:25.679
published as follows. I know that
I know you know that this might be

1133
01:07:25.719 --> 01:07:30.159
in one of the tapes. Video
clip concluded. That was pretty quick.

1134
01:07:30.199 --> 01:07:31.440
Sorry about that. Could you play
that again? Please? Are you okay?

1135
01:07:31.480 --> 01:07:34.440
Do you have that? You know? It's kind of confusing, it's

1136
01:07:34.480 --> 01:07:36.960
so fast. I wish you could
play it again. I don't really know

1137
01:07:38.000 --> 01:07:41.159
what you're you know, let's do
it this way. Mister Walter says,

1138
01:07:41.199 --> 01:07:43.519
I know you know that this might
be in one of the tapes. All

1139
01:07:43.599 --> 01:07:46.679
right, yeah, yeah, he's
telling me. Yes, he's telling you

1140
01:07:46.719 --> 01:07:49.199
that. Now, as of when
did you know that that might be in

1141
01:07:49.199 --> 01:07:53.400
one of the tapes? Just told
me he just told you that, Yes,

1142
01:07:53.440 --> 01:07:56.000
sir, No, he said,
I know, you know, well

1143
01:07:56.039 --> 01:07:59.519
I thought this maybe in one of
I have no idea why he said that.

1144
01:07:59.719 --> 01:08:01.039
Okay, let me ask you this. Do you find this out before

1145
01:08:01.079 --> 01:08:03.519
the interview? Not that I can
recall, because you know, when he

1146
01:08:03.559 --> 01:08:06.400
told me the part of all Bubba
doing what Bubba did, it made me

1147
01:08:06.440 --> 01:08:10.639
go violently. I mean, I
was this was the closest guy to me.

1148
01:08:11.000 --> 01:08:13.840
You know, when I realized he
was on the tape, it got

1149
01:08:13.880 --> 01:08:15.840
a crazy reaction out of my body. So, you know, to the

1150
01:08:15.880 --> 01:08:19.920
first of the best of my recollection, there was the that was the first

1151
01:08:19.920 --> 01:08:24.399
time I heard about it. You
know I heard about Bubba. Okay.

1152
01:08:24.680 --> 01:08:29.880
Let's because I would have probably reacted
the same way if I would have heard

1153
01:08:29.880 --> 01:08:33.119
it before. So, mister Walters
didn't give you a preview before the interview,

1154
01:08:33.239 --> 01:08:35.680
No, sir. You know,
we came right from my interview right

1155
01:08:35.720 --> 01:08:39.680
to the hotel room. We were
supposed to have a little break, Like

1156
01:08:39.720 --> 01:08:43.600
I said yesterday, I think and
either David called the room or Mike Walters

1157
01:08:43.640 --> 01:08:46.279
called the room and said this is
urgent, all right, And when TMC

1158
01:08:46.399 --> 01:08:48.760
said it was urgent, you said, okay, I'll do this right.

1159
01:08:48.920 --> 01:08:51.279
Well, I don't know what I
said. I mean I said it to

1160
01:08:51.399 --> 01:08:56.319
David. David must have taken the
call. I don't recall the exact verbiage.

1161
01:08:56.680 --> 01:09:00.000
Well, I really don't. It
looked from us looking at you itinerary.

1162
01:09:00.079 --> 01:09:03.000
You had a pretty packed schedule for
that tour, didn't you. Yeah,

1163
01:09:03.079 --> 01:09:06.399
you know, and I could have
misspoke also because I'm sure they added

1164
01:09:06.399 --> 01:09:10.560
stuff and they might have canceled stuff
too, So I mean it just it

1165
01:09:10.640 --> 01:09:13.800
was busy, yes, brother,
it was busy. Yes. And when

1166
01:09:13.840 --> 01:09:15.960
TMC called, you said, well, i'll fit that in, right,

1167
01:09:15.039 --> 01:09:16.920
Well, I don't know if I
said i'll fit them in. I just

1168
01:09:16.960 --> 01:09:20.039
took the call, okay. David
told me to get on the phone.

1169
01:09:20.399 --> 01:09:24.479
You made yourself available, yes,
sir, okay, fair enough. Now

1170
01:09:24.520 --> 01:09:27.680
you talked about you mentioned your reaction
to this. You took this pretty hard,

1171
01:09:27.760 --> 01:09:30.199
right, Yes, I did.
Okay, let's play a brief clip,

1172
01:09:30.199 --> 01:09:32.560
Tim if you could please play D
two seventy c video clip published as

1173
01:09:32.560 --> 01:09:39.840
follows. Well, that's true,
then I'm you know, I'm sick to

1174
01:09:39.880 --> 01:09:43.720
my stomach right now, video clip
concluded, and that I take it that

1175
01:09:43.840 --> 01:09:46.760
was the truth, right if what
is true that you was sick to your

1176
01:09:46.800 --> 01:09:49.439
stomach when you said, if that
is true? Just so you know,

1177
01:09:49.560 --> 01:09:54.079
this follows the revelation that Bubba made
these comments about it if he ever wanted

1178
01:09:54.119 --> 01:09:55.960
to retire. Oh, yes,
sir, you know. Yeah, when

1179
01:09:55.960 --> 01:09:59.720
I heard that, it made me
sick because then it made me realize he

1180
01:10:00.000 --> 01:10:02.520
actually was in on this camera that
was put up there because they said that

1181
01:10:02.560 --> 01:10:05.960
he was turning it off when he
said that. So I got sick immediately.

1182
01:10:06.319 --> 01:10:11.680
And I believe you've explained previously that
you had a very strong reaction.

1183
01:10:11.760 --> 01:10:14.560
You started shaking violence. Yes,
sir, you know, my attorney had

1184
01:10:14.600 --> 01:10:16.159
to call me and talk me down, you know, talk about it took

1185
01:10:16.159 --> 01:10:21.520
me about five minutes to calm me
down. And you thought that you were

1186
01:10:21.560 --> 01:10:25.560
going to have a heart attack at
that time, right yeah, I'd caught

1187
01:10:25.560 --> 01:10:29.119
me off guard. I never would
have expected that from someone I loved and

1188
01:10:29.119 --> 01:10:32.039
trusted. In fact, you physically
almost had a breakdown when you learned that

1189
01:10:32.079 --> 01:10:34.840
Bubba had betrayed you, Right,
yeah, you had a tough time with

1190
01:10:34.880 --> 01:10:40.119
the whole situation until I figured out
who he really was. And then I

1191
01:10:40.279 --> 01:10:44.199
once I figured out who he really
was, it didn't bother me the same

1192
01:10:44.239 --> 01:10:46.520
because I knew he wasn't my friend
and he never was, so I kind

1193
01:10:46.520 --> 01:10:49.720
of like had to shift gears and
realize, you know, man up over

1194
01:10:49.800 --> 01:10:53.760
this Bubba thing, and you know, it is what it is. Now.

1195
01:10:53.760 --> 01:10:57.079
At least I knew who he was
and I rationalized it, so it

1196
01:10:57.079 --> 01:11:00.359
didn't get me upset anymore, I
see. But I'm focused back on the

1197
01:11:00.399 --> 01:11:04.079
time. You know, I've tried
to do this chronologically back in October nine,

1198
01:11:04.159 --> 01:11:09.880
when you learned this from TMZ that
Bubba had betrayed you, at that

1199
01:11:09.960 --> 01:11:13.079
point, that was one of the
toughest things you ever had to deal with,

1200
01:11:13.119 --> 01:11:15.680
it, wasn't he In that moment, with everything that was going on,

1201
01:11:15.720 --> 01:11:17.399
I was very stressed out. And
when I found out that he was

1202
01:11:17.399 --> 01:11:21.520
the last person left after my personal
situation with my family and everything else.

1203
01:11:21.760 --> 01:11:25.760
When I found out that he was
the last person left thinking he was still

1204
01:11:25.800 --> 01:11:28.840
my friend. To hear that news, yeah, it hit me pretty hard

1205
01:11:28.840 --> 01:11:31.319
in that in that darn moment.
Okay, now we're going to return.

1206
01:11:31.399 --> 01:11:35.800
Ever so briefly to the program we
looked at yesterday, remember the program sway

1207
01:11:35.880 --> 01:11:38.680
in the morning. We looked at
some of those clips. Yeah, we

1208
01:11:38.680 --> 01:11:41.640
looked at a bunch of stuff,
but it seems very familiar. Okay,

1209
01:11:41.640 --> 01:11:45.399
Tim, if you can please play
D two three one C video clip published

1210
01:11:45.399 --> 01:11:47.279
as follows. Yeah, I've never
had a day in my life like yesterday.

1211
01:11:47.319 --> 01:11:51.720
And I've been you know, my
marriage, my marriage, lawsuits.

1212
01:11:51.880 --> 01:11:56.319
I've had people tell me I was
never gonna walk again after back surgery.

1213
01:11:56.600 --> 01:12:00.279
I had all that stuff laid on
me, and this that yesterday is finding

1214
01:12:00.359 --> 01:12:03.880
out what was probably the toughest and
the most traumatic and just turn my world

1215
01:12:03.920 --> 01:12:09.920
upside down more than anything else ever
has video clip concluded When you made that

1216
01:12:10.039 --> 01:12:12.880
statement to Sway in his views,
were you being honest? Yes, sir,

1217
01:12:12.920 --> 01:12:15.880
I was in that moment. You
know, it flipped my world upside

1218
01:12:15.880 --> 01:12:18.439
down. You were being truthful.
Then, on top of everything I was

1219
01:12:18.479 --> 01:12:21.319
going on, you know, that
was the icing on the cake. It

1220
01:12:21.399 --> 01:12:26.960
pushed me over the edge that day. In fact, Bubba's betrayal was indeed

1221
01:12:27.039 --> 01:12:30.399
one of the worst experiences of your
life, wasn't it. You know it

1222
01:12:30.439 --> 01:12:32.199
was one of them, Yes,
sir, and Bubba's betrayal was one of

1223
01:12:32.199 --> 01:12:34.359
the toughest things you've ever had to
deal with, wasn't it? Yes,

1224
01:12:34.359 --> 01:12:38.279
sir, one of the hardest things
you've ever had to deal with, wasn't

1225
01:12:38.279 --> 01:12:41.760
it. That was a tough day. I really had to figure out,

1226
01:12:41.880 --> 01:12:45.279
you know who he was fast to
get over that one. All right now,

1227
01:12:45.279 --> 01:12:48.079
before we move on from these TMZ
discussions about the sex safe, one

1228
01:12:48.159 --> 01:12:53.039
last thing. You never saw TMC's
copy of the video that showed Bubba making

1229
01:12:53.079 --> 01:12:55.600
that statement. Did you the statement? If we ever wanted to retire or

1230
01:12:55.600 --> 01:12:57.840
all we'd have to do is use
this footage? You never saw that,

1231
01:12:57.920 --> 01:13:00.079
did you? I know, sir, that rock your world, didn't it?

1232
01:13:00.159 --> 01:13:02.840
Yes, sir? And you never
asked TMZ to show you the tape

1233
01:13:02.840 --> 01:13:06.159
that they had, did you,
No, sir? All right now,

1234
01:13:06.199 --> 01:13:09.680
at this time, all these events
are going on, there's all this focus

1235
01:13:09.720 --> 01:13:12.439
on the sex tape and all this
talk about this. You didn't take the

1236
01:13:12.479 --> 01:13:15.399
position that you could not talk about
the sex tape publicly. Did you?

1237
01:13:15.119 --> 01:13:17.720
Excuse me? Please repeat that,
Yes, sir. I'm trying to get

1238
01:13:17.760 --> 01:13:20.920
you to focus. Now we're in
the aftermap. The post has come out.

1239
01:13:21.520 --> 01:13:25.199
You've been on the New York media
tour. Life is moving on.

1240
01:13:25.720 --> 01:13:29.000
You didn't take the position at that
point that like, well I can't talk

1241
01:13:29.000 --> 01:13:30.239
about the sex tape. You didn't
say that, right, No, I

1242
01:13:30.239 --> 01:13:33.119
didn't say that, Okay? Noah. Did you say, well, look,

1243
01:13:33.159 --> 01:13:35.800
this is going to be the subject
of litigation. I'm going to gather

1244
01:13:35.840 --> 01:13:39.760
all these attorneys together and I'm going
to soothe these folks, so I can't

1245
01:13:39.800 --> 01:13:42.680
talk about this because it's going to
go to the courts. You didn't say

1246
01:13:42.680 --> 01:13:45.720
that, did you on to recall
saying that? Okay? And in the

1247
01:13:45.800 --> 01:13:47.880
time, I take it, then
you weren't concerned that by going out and

1248
01:13:47.920 --> 01:13:51.520
talking about the sex tape and what
have you, that you would actually keep

1249
01:13:51.520 --> 01:13:55.439
the sex tape story in the news, right, Well, I was concerned.

1250
01:13:55.479 --> 01:13:57.960
I just didn't have a choice.
No, No, we talked about

1251
01:13:58.000 --> 01:14:00.479
that before. You weren't concerned that
talking about it would keep in the news,

1252
01:14:00.520 --> 01:14:02.439
were you? Well? I was
concerned, But you know, it

1253
01:14:02.479 --> 01:14:06.039
was very It was okay to talk
about it. You know, it was

1254
01:14:06.079 --> 01:14:10.359
okay to talk about it. We
were just you know, getting barraged with

1255
01:14:10.520 --> 01:14:13.680
the media, and we were trying
to make it go away. And but

1256
01:14:13.760 --> 01:14:16.039
the problem was you know, when
we try to get Gawker to take it

1257
01:14:16.039 --> 01:14:19.640
down, they wouldn't. They wouldn't
take it down. It just kept it

1258
01:14:19.720 --> 01:14:24.560
was just it just kept fueling this
fire that just you know, it just

1259
01:14:24.560 --> 01:14:28.640
wouldn't stop. It was overwhelming.
Okay, I see now, at the

1260
01:14:28.680 --> 01:14:30.479
time, the media would ask you, is it true that you were knowledgeable

1261
01:14:30.479 --> 01:14:34.680
that this was being filmed? Right? They would ask you that. Yeah,

1262
01:14:34.800 --> 01:14:39.239
They've asked me that. The media
would say, is it true that

1263
01:14:39.279 --> 01:14:42.319
this is all just a publicity stunt
so that you can make millions and millions

1264
01:14:42.319 --> 01:14:44.439
of dollars off of this sex tape? Right? They asked you that,

1265
01:14:44.520 --> 01:14:46.520
yeah, they asked me, right. And would it be fair to say

1266
01:14:46.560 --> 01:14:49.279
that you, for your part,
were concerned that a lot of people thought

1267
01:14:49.319 --> 01:14:51.359
you were just doing this to make
a bunch of money. Well, I

1268
01:14:51.399 --> 01:14:55.680
was concerned because there were people that
thought I might have something to do with

1269
01:14:55.720 --> 01:14:59.800
this. We even had calls from
Vivid Entertainment, who does all these porno

1270
01:15:00.039 --> 01:15:03.640
pornographic films, that that said,
there's an open checkbook, will pay you

1271
01:15:03.680 --> 01:15:06.760
as much money as you want,
you know, And if I was in

1272
01:15:06.800 --> 01:15:11.439
this thing to make money, there
were there you know, there were all

1273
01:15:11.479 --> 01:15:15.279
these wrestlers, all these offers out
there. I was concerned that, you

1274
01:15:15.319 --> 01:15:17.960
know, the the vivid guy calls
and even though we're in it for the

1275
01:15:18.079 --> 01:15:21.359
entertainment part, you know, we
said no, brother, you know,

1276
01:15:21.359 --> 01:15:26.760
we don't want to take money on
this, so we want you know,

1277
01:15:26.960 --> 01:15:29.920
we don't want this happening. Brother. So I was telling I was very

1278
01:15:29.920 --> 01:15:32.319
concerned that people thought I did it, you know, on purpose, to

1279
01:15:32.399 --> 01:15:35.960
set up cameras up. I would
never do that to my in my personal

1280
01:15:36.000 --> 01:15:40.479
life. Right. One of your
concerns when you told people that you had

1281
01:15:40.520 --> 01:15:43.159
nothing to do with this, one
of your concerns was that people would say,

1282
01:15:43.199 --> 01:15:45.039
oh boy, here we go,
this is just another wrestling angle,

1283
01:15:45.119 --> 01:15:49.439
another wrestling angle. We'll Hull Coogan
is trying to con us looking to make

1284
01:15:49.479 --> 01:15:53.520
millions of dollars or a bunch of
money off this sex tape. That was

1285
01:15:53.560 --> 01:15:56.680
one of your concerns, wasn't it. Well, I was concerned that they

1286
01:15:56.720 --> 01:15:59.960
thought it may be entertainment and it's
just Hule Cogan, you know, try

1287
01:16:00.159 --> 01:16:02.119
to make money. But that wasn't
it. It wasn't about Hulk Hogan making

1288
01:16:02.159 --> 01:16:10.159
a sex tape. That's not what
happened, all right. Uh, you

1289
01:16:10.199 --> 01:16:13.520
know it's never been about that.
I've never had a problem with the words

1290
01:16:13.520 --> 01:16:15.760
that are said. Because you have
to take the good with the bad,

1291
01:16:15.920 --> 01:16:19.199
you get hit with it. I
never have had a problem with the article,

1292
01:16:19.279 --> 01:16:23.439
you know. My problem is is
this whole the video tape that you

1293
01:16:23.479 --> 01:16:27.920
guys put out the lives forever,
It will be there forever on the internet.

1294
01:16:27.920 --> 01:16:30.359
That's the problem. So it's the
video, yes, sir, it's

1295
01:16:30.399 --> 01:16:34.199
the video excerpt brief portion. No, it's whatever. It's whatever Gawker did

1296
01:16:34.319 --> 01:16:38.760
that Gawka chose to put put up
whatever they put up. I don't even

1297
01:16:38.800 --> 01:16:41.399
know, dude. And you tell
us that you never had a problem with

1298
01:16:41.439 --> 01:16:44.880
the article that mister Delirio often well, I wasn't happy about it. Let

1299
01:16:44.880 --> 01:16:46.800
me let me ask you this.
You sued mister you sued mister Denton,

1300
01:16:47.079 --> 01:16:51.680
You sued mister Delirio and Gauca,
and you sued them in your initial complaint,

1301
01:16:51.680 --> 01:16:57.319
and you included the article. Right, Judge, objection sustained. Can

1302
01:16:57.359 --> 01:17:00.359
we get a curative that he's not
suing on that portion? My question,

1303
01:17:00.560 --> 01:17:04.039
The objection is sustained, thank you. My question is a bit more precise.

1304
01:17:04.079 --> 01:17:06.600
When the suit was filed, it
included it, I stay in the

1305
01:17:06.600 --> 01:17:12.239
objection. Thank you. All right. Now, let us return to something

1306
01:17:12.279 --> 01:17:15.239
you told all of us yesterday.
You explained that when this happened, when

1307
01:17:15.239 --> 01:17:17.239
this went down, you were in
an all time low. Right, Well

1308
01:17:17.359 --> 01:17:20.720
what went down? The sexual encounter
with heaven? Oh? Yes, sir?

1309
01:17:21.560 --> 01:17:25.199
Okay, And if we could look
please, I think the clip is

1310
01:17:25.239 --> 01:17:28.039
tim it's two D two thirty one
D. If we can look at that

1311
01:17:28.399 --> 01:17:31.920
video published as follows. Well that
so you know, that's so why you

1312
01:17:31.920 --> 01:17:36.159
know nobody cares about whoa is me? Because everybody they care about what now

1313
01:17:36.319 --> 01:17:42.359
you know? Okay, So here's
where we're at, bro, I want

1314
01:17:42.359 --> 01:17:45.479
to come back. This is my
show inaudible, Yo, this is your

1315
01:17:45.520 --> 01:17:47.319
show. Did you just say that
we're not going to play any songs?

1316
01:17:47.560 --> 01:17:51.520
Did you? Did you say that
let's just finish this thought brother inaudible?

1317
01:17:51.680 --> 01:17:55.439
Yeah, thank you? All right. So anyway, you know, so

1318
01:17:55.520 --> 01:17:58.079
where we're at now. As you
know, at the end of the day

1319
01:17:58.159 --> 01:18:00.119
I did this. I wasn't on
draw us. I made a choice.

1320
01:18:00.399 --> 01:18:03.720
But the Woe is Me story is
on a personal level. You know,

1321
01:18:03.800 --> 01:18:08.760
dude, my life has already screwed
with my situation. I was at an

1322
01:18:08.760 --> 01:18:12.319
all time low. These two people
that I prayed to God are friends of

1323
01:18:12.359 --> 01:18:15.319
mine. You know, for two
years they were going, Hey, you

1324
01:18:15.319 --> 01:18:17.560
know I want to get I want
to get with you, and I want

1325
01:18:17.600 --> 01:18:21.520
to do this. That's that's cool. Are you talking about the threesomes or

1326
01:18:21.880 --> 01:18:26.279
no? No, him offering his
wife to me. Did you think that

1327
01:18:26.359 --> 01:18:29.920
was weird? Well? I knew
they partied, and I heard some stories

1328
01:18:30.199 --> 01:18:32.520
and his wife was was gorgeous,
and she kept saying, you know,

1329
01:18:32.560 --> 01:18:35.760
I want to I want to get
with you, I want to do this

1330
01:18:35.880 --> 01:18:40.319
and that and other stuff. I
went to, I want to have sex

1331
01:18:40.359 --> 01:18:42.840
with you, but and I said
no, no, no, no.

1332
01:18:43.399 --> 01:18:46.119
So at the end of that time, I bottomed out. You know,

1333
01:18:46.479 --> 01:18:49.680
I was with my big I was
with my boy, you know, you

1334
01:18:49.720 --> 01:18:51.960
know, we we went back to
the house. When I was at an

1335
01:18:51.960 --> 01:18:55.640
all time low. I just said
the hell with it, you know,

1336
01:18:55.720 --> 01:19:00.560
let's let's do this thing. Video
clip concluded, Okay, out That is

1337
01:19:00.600 --> 01:19:03.279
you on Sway's program, explaining to
his listeners that when this happened, you

1338
01:19:03.319 --> 01:19:06.000
were at an all time low.
Right, I was, yes, sir,

1339
01:19:06.479 --> 01:19:10.760
Okay, were you telling the truth
to Sway and his listeners when you

1340
01:19:10.800 --> 01:19:14.560
gave that account you know, I
don't remember the verbiage of you know,

1341
01:19:14.640 --> 01:19:16.920
let's do this thing or the whole
Coogan edge I put on it, you

1342
01:19:16.960 --> 01:19:19.760
know, but you know, I
was acknowledging what we were talking about,

1343
01:19:20.079 --> 01:19:26.119
so I don't know if that was
the exact of verbatim truth. You know,

1344
01:19:26.239 --> 01:19:30.039
I know I didn't say, hey, let's let's you know, go

1345
01:19:30.079 --> 01:19:32.399
at it or whatever I just said, you know, that was that was

1346
01:19:32.439 --> 01:19:35.479
on the show. But the substance, I'm not going to hold you to

1347
01:19:35.479 --> 01:19:40.760
the verbiage. Well, okay,
I'm trying to understand what you're what you're

1348
01:19:40.760 --> 01:19:43.720
saying, brother, oh hold you
to the precise language. But the point

1349
01:19:43.800 --> 01:19:47.359
you were conveying to Sway's viewers,
Yeah, yes, sir, And to

1350
01:19:47.479 --> 01:19:50.439
Sway, is it this happened?
I was at an all time low.

1351
01:19:50.479 --> 01:19:54.199
I hit rock bottom? Is that
true? Yes? You know, my

1352
01:19:54.239 --> 01:19:58.159
personal life and everything was not well
at all. I was pretty much bottomed

1353
01:19:58.159 --> 01:20:00.960
out when I didn't think I could
get back to together with my wife and

1354
01:20:00.039 --> 01:20:03.560
she was filing for divorce. So
I take it the answer to my question

1355
01:20:03.640 --> 01:20:06.239
is yes, sir, that's true. Yes, sir, I'm sorry,

1356
01:20:06.319 --> 01:20:10.960
Yes, sir. Now you also
told the story I don't mean the story

1357
01:20:11.039 --> 01:20:13.960
like made up, but you let
me do this, let me do it

1358
01:20:14.000 --> 01:20:17.239
this way. You also provided an
account to the viewers that said, basically,

1359
01:20:17.279 --> 01:20:20.760
you described how Heather was so persistent, right yes, sir, okay,

1360
01:20:20.800 --> 01:20:24.239
in pursuing you. Right, yeah, you know when I talked her

1361
01:20:24.239 --> 01:20:27.279
on the phone, that was the
only thing she would ever say to me,

1362
01:20:27.560 --> 01:20:30.239
whether it was once a month or
once a week, or whenever Bubba

1363
01:20:30.279 --> 01:20:32.439
would put up, you know,
put her on the phone, that was

1364
01:20:32.479 --> 01:20:35.880
what she said to me. There
was no how are you or how's the

1365
01:20:35.880 --> 01:20:40.319
weather? It was that. So
she was persistent. Would it be fair

1366
01:20:40.359 --> 01:20:43.720
to say that she was relentless in
this? Well, I would say persistent

1367
01:20:43.840 --> 01:20:46.199
is a much better word. All
right. Now, So when you slept

1368
01:20:46.199 --> 01:20:48.279
with head that you were an all
time low. This is one of the

1369
01:20:48.319 --> 01:20:51.600
worst periods in your life, right
yes, sir, that's why you finally

1370
01:20:51.640 --> 01:20:55.359
gave into a persistent pressure. Right
yes, sir. You can say that

1371
01:20:55.960 --> 01:20:58.840
wasn't the kind of thing you would
normally do, right no, sir?

1372
01:20:59.199 --> 01:21:00.920
Never? Okay, Now, let
me ask you, this was that true

1373
01:21:00.960 --> 01:21:03.760
each time you had sexual relations with
Heather? Well, I was a tough

1374
01:21:03.840 --> 01:21:06.720
period there, you know, I
had a real, real rough period there

1375
01:21:06.760 --> 01:21:10.439
where I didn't think I was going
to pull the nose up on it.

1376
01:21:10.479 --> 01:21:16.800
Brother, I had a real,
real rough period there where I didn't think

1377
01:21:16.840 --> 01:21:20.359
I was going to be able to
pull the nose up on it. So

1378
01:21:20.479 --> 01:21:24.840
I would say when I was in
you know, that time of my life,

1379
01:21:24.880 --> 01:21:28.760
during that period, I was at
an all time low. And that

1380
01:21:28.760 --> 01:21:32.039
would include those those times I had
sex with Heather. I see, now

1381
01:21:32.119 --> 01:21:34.720
you had sex. I think it
was by your account four times, right,

1382
01:21:36.000 --> 01:21:39.680
three or four as I said,
three or four, okay, And

1383
01:21:39.800 --> 01:21:44.560
what you're telling us is that you
had an all time low each time.

1384
01:21:44.720 --> 01:21:46.119
Well, I was pretty much bottomed
out during that period, yes, sir.

1385
01:21:46.560 --> 01:21:49.920
And you were giving into Heather's persistent
pressure each time, right, Well,

1386
01:21:49.960 --> 01:21:53.399
I wasn't, you know, after
the first time. It wasn't like

1387
01:21:53.479 --> 01:21:57.880
persistent pressure. It was just I
was in that situation and my guard was

1388
01:21:57.960 --> 01:22:02.239
down. I still remember being assistant, you know, I remember persisting pressure.

1389
01:22:03.000 --> 01:22:06.119
You know, they kind of like
broke the ice with me. So

1390
01:22:06.159 --> 01:22:11.399
the ice was broken, you know. It was just nothing was said like

1391
01:22:11.560 --> 01:22:15.800
persistently like it had been in the
past for years and years. All right,

1392
01:22:15.840 --> 01:22:21.319
So you told us your guard was
down. Yeah, yesser. How

1393
01:22:21.359 --> 01:22:25.279
long did you go before you were
able to get your guard back up?

1394
01:22:25.560 --> 01:22:28.079
How long did that go? Well? As far as getting my guard back

1395
01:22:28.159 --> 01:22:30.079
up after the last time I had
sex with Heather, I would say it

1396
01:22:30.119 --> 01:22:33.159
was a couple of months before I
came out of that low, you know.

1397
01:22:33.439 --> 01:22:38.199
But but then trying to get my
guard up, I just have never

1398
01:22:38.239 --> 01:22:42.800
been able to get my step back
or feel like myself because, you know,

1399
01:22:43.239 --> 01:22:46.479
even trying to get my guard back
up, there's just there's just been

1400
01:22:46.560 --> 01:22:51.880
this overriding haunting of this sex tape
because Gawker put it out there. So

1401
01:22:51.960 --> 01:22:57.520
instead of having my guard up when
I'd look at somebody and meet somebody,

1402
01:22:57.640 --> 01:23:00.439
or go out in public, or
i'd sign you know, someone's, you

1403
01:23:00.479 --> 01:23:04.119
know, a kid's autograph, instead
of being up with my guard, I

1404
01:23:04.119 --> 01:23:08.800
still felt like I was turning inside
over this thing. I just haven't felt

1405
01:23:08.800 --> 01:23:13.000
like myself. So just you know, it changed me from I never got

1406
01:23:13.039 --> 01:23:15.800
my guard back up, Like you
said, you know, when did you

1407
01:23:15.800 --> 01:23:18.479
ever get your guard back up?
I never have. This is still tearing

1408
01:23:18.520 --> 01:23:24.000
me up with this whole you know, I never recovered from my guard up.

1409
01:23:24.079 --> 01:23:27.840
When from when I bottomed out before
my marriage, through all the you

1410
01:23:27.840 --> 01:23:30.479
know, through having the sex with
Heather, through this crazy sex tape being

1411
01:23:30.479 --> 01:23:34.920
released by Gawker. You know that
I didn't know about. I haven't been

1412
01:23:34.920 --> 01:23:43.840
able to get back up and and
and be who I was before podcast with

1413
01:23:54.800 --> 01:24:00.479
Lapsed Wrestling podcast. So your guard
has been down since? Yeah, I'm

1414
01:24:00.520 --> 01:24:01.960
not the summer of two thousand and
seven. I would say, yes,

1415
01:24:01.960 --> 01:24:04.600
sir, I don't. I'm not
the same person I was before all this

1416
01:24:04.760 --> 01:24:13.279
craziness happened. Okay, so you've
been at an all time low ever since.

1417
01:24:13.319 --> 01:24:15.359
I didn't say that. I didn't. I said I didn't get my

1418
01:24:15.399 --> 01:24:19.159
guard back up. You know,
I'm trying to stay what you're talking about.

1419
01:24:19.199 --> 01:24:23.439
Brother, You asked me what I
did get When did I get my

1420
01:24:23.479 --> 01:24:26.279
guard back up? You know,
my guard is not up like Hulk Hogan's

1421
01:24:26.319 --> 01:24:29.479
guard is usually up. It's not
the same. I don't have the same

1422
01:24:29.560 --> 01:24:33.600
guard up. Brother. Do you
fear that other women are going to come

1423
01:24:33.640 --> 01:24:38.000
onto you and since your guard,
since your guard is down, you'll succumb

1424
01:24:38.039 --> 01:24:41.479
to these they're wild? There is
no fear of that at all. Okay,

1425
01:24:41.520 --> 01:24:44.159
all right, fair enough. Now
what we're going to do is continuing

1426
01:24:44.199 --> 01:24:46.439
with our chronology. We're now going
to move forward in time yet again,

1427
01:24:46.439 --> 01:24:49.439
and we're going to direct I'll ask
you to please direct your attention to a

1428
01:24:49.439 --> 01:24:53.359
press conference that was held on the
courthouse steps, all right now, when

1429
01:24:53.359 --> 01:24:57.279
you decided to initiate suit, you
decided to sue, which brings us all

1430
01:24:57.319 --> 01:25:00.439
here together. Right you held,
you and your council held a press conference,

1431
01:25:00.520 --> 01:25:02.359
right, yes, sir, okay, And let's just take a very

1432
01:25:02.359 --> 01:25:05.079
brief look, tim if you have
a clip, I think it's D two

1433
01:25:05.119 --> 01:25:11.359
six nine D video clip published as
follows, Oh Cogan, We'll take all

1434
01:25:11.399 --> 01:25:15.720
reasonable steps necessary to ensure that all
persons and nties who were involved in this

1435
01:25:15.800 --> 01:25:20.640
are punished to the fullest extent of
the law. Video clip concluded. Did

1436
01:25:20.680 --> 01:25:25.039
you see that? Yes? I
did. And in that clip you see

1437
01:25:25.039 --> 01:25:28.279
one of your attorneys who's at the
microphone and you see yourself over his shoulder,

1438
01:25:28.399 --> 01:25:32.000
Yes, sir, Now, video
clip published as follows. I'm going

1439
01:25:32.039 --> 01:25:34.720
to turn this over to Attorney David
Houston, who has some additional remarks.

1440
01:25:35.119 --> 01:25:39.039
Good afternoon, everybody. My name
is David Houston, Thank you for being

1441
01:25:39.119 --> 01:25:44.000
here. I video clip concluded,
and do you recognize your attorney David Houston.

1442
01:25:44.079 --> 01:25:45.079
I take it, yes, sir. All right, now, was

1443
01:25:45.079 --> 01:25:48.079
it your idea to hold a press
conference? I will recall whose idea was.

1444
01:25:48.520 --> 01:25:51.880
Okay, weren't you concerned that by
calling a press conference and issuing a

1445
01:25:51.920 --> 01:25:56.039
press release that you would only draw
more attention to the Gawker story. No,

1446
01:25:56.159 --> 01:25:59.560
sir, that wasn't a concern of
you. Was that if we didn't

1447
01:25:59.560 --> 01:26:02.840
do something about this, this would
ramp up even more. And since Gawker

1448
01:26:02.920 --> 01:26:08.199
said they wouldn't take the video down, everybody else had put the video,

1449
01:26:08.760 --> 01:26:13.680
had put the video down, that
it was fed to you or they lashed

1450
01:26:13.680 --> 01:26:16.880
onto and it would never stop.
The bleeding would never stop. I had

1451
01:26:16.880 --> 01:26:19.880
to do something to try to stop
Gawker from what they were doing to me.

1452
01:26:20.399 --> 01:26:25.119
All right, that was my concern. Okay, So you really weren't

1453
01:26:25.159 --> 01:26:28.640
worried that this would just increase the
attention. That wasn't your concern. I

1454
01:26:28.640 --> 01:26:31.279
don't know how you could increase the
attention more than Gawker did. All right,

1455
01:26:31.359 --> 01:26:34.680
let me ask you this. That's
just my opinion. But they did

1456
01:26:34.720 --> 01:26:38.880
a pretty good job of getting it
out everywhere. Let me ask you this.

1457
01:26:39.520 --> 01:26:43.039
When asked about your reaction to the
press conference, you testified that there

1458
01:26:43.039 --> 01:26:45.439
weren't a lot of reporters there compared
to the OJ trial. Do you remember

1459
01:26:45.439 --> 01:26:48.640
that testimony. I don't recall that, but it's possible I could have said

1460
01:26:48.680 --> 01:26:51.520
that. Okay. Would you like
to see it? No, if you

1461
01:26:51.560 --> 01:26:54.920
want to show it to me,
it's fine. But if I said it,

1462
01:26:54.960 --> 01:26:57.680
I said it. Okay. When
you said there weren't a lot of

1463
01:26:57.720 --> 01:27:01.159
reporters there compared to the OJ trial, did you expect that your press conference

1464
01:27:01.159 --> 01:27:06.079
would draw that level of attention?
Why? I do not know what to

1465
01:27:06.199 --> 01:27:10.359
expect. Okay, all right,
now, let's shift to focus once again

1466
01:27:10.399 --> 01:27:14.560
and talk briefly about the privacy of
Hulk Hogan. At your deposition, you

1467
01:27:14.560 --> 01:27:19.840
were asked if you were concerned about
the privacy of Hulk Cogan right constantly deposition

1468
01:27:19.920 --> 01:27:27.840
please page in line number absolutely.
Do you have your volume four, page

1469
01:27:27.840 --> 01:27:30.439
six hundred basics hundred Yes, sir, yes, sir, okay, If

1470
01:27:30.479 --> 01:27:33.920
you could look with me and you
see the question starting at six line six,

1471
01:27:33.960 --> 01:27:39.640
do you see that page six hundred, line six yes. I'm sorry,

1472
01:27:39.640 --> 01:27:42.439
I'm just having a hard time hearing
you, brother. Sorry, Look

1473
01:27:42.439 --> 01:27:45.880
at line six, you were asked
this question question, are you concerned about

1474
01:27:45.880 --> 01:27:49.600
the privacy of Hulk Cogan. Answer. Hulk Cogan is a fictional character or

1475
01:27:49.640 --> 01:27:54.800
as a character wrestling character, and
the privacy of Hulk Cogan is something that

1476
01:27:54.960 --> 01:27:58.079
is part of the character. So
it's not a major concern when it comes

1477
01:27:58.079 --> 01:28:00.159
to Hulk Hogan's privacy. Do you
see that? A yes, sir,

1478
01:28:00.600 --> 01:28:04.399
it is that kind of what you
were playing explaining to us earlier. Maybe

1479
01:28:04.399 --> 01:28:09.000
I can maybe I can help you
help me a little bit. What was

1480
01:28:09.039 --> 01:28:13.079
I explaining earlier? Yeah, I
take it when you were telling you were

1481
01:28:13.159 --> 01:28:15.239
kind of telling us, well,
there's Terry Balaa, there's Hulk Coogan.

1482
01:28:15.680 --> 01:28:18.720
Mister Balaia is different than mister Hogan
and all that right, and you were

1483
01:28:18.720 --> 01:28:24.239
concerned. Are you concerned about Hulk
Cogan's privacy? I'm concerned, but it's

1484
01:28:24.239 --> 01:28:28.039
pretty much take the good with the
bad. You realize that when you're a

1485
01:28:28.159 --> 01:28:30.439
character, they're going to invade.
You know what, if there was a

1486
01:28:30.520 --> 01:28:34.399
privacy, you know, if Hulkogan
had any privacy, you kind of give

1487
01:28:34.439 --> 01:28:38.760
that up when you walk out the
front door as character. I would have

1488
01:28:38.760 --> 01:28:42.119
loved to have privacy in my car
on a cell phone or something, you

1489
01:28:42.159 --> 01:28:45.479
know, as Hulk Coogan, but
you know, people take pictures and stuff

1490
01:28:45.520 --> 01:28:48.319
like that. I walked out,
I walked out in public, and you

1491
01:28:48.319 --> 01:28:51.279
know, I went to a Raise
game and I went to the bathroom and

1492
01:28:51.359 --> 01:28:56.000
everybody was calling me a Hulk Cogan, Hul Coogan. Next thing I know,

1493
01:28:56.159 --> 01:28:59.319
I turn around, I'm staying at
the urinal and somebody is taking a

1494
01:28:59.359 --> 01:29:02.520
picture with picture of me. So
I'm concerned about Hule Cogan's privacy, but

1495
01:29:02.640 --> 01:29:05.880
you kind of give it away.
So it is a concern, but it

1496
01:29:05.960 --> 01:29:11.319
really doesn't matter anyway, because once
you walk out the door, you know,

1497
01:29:11.399 --> 01:29:14.880
front door is Hulk Coogan. You
know, your anonymity is given up,

1498
01:29:15.000 --> 01:29:18.239
and there's really no privacy anymore where
you work in the public. So

1499
01:29:18.279 --> 01:29:23.239
that's what I meant by it.
So if Hulk Coogan is gonna is going

1500
01:29:23.279 --> 01:29:27.239
to the bathroom, it really should
be a private moment. But there are

1501
01:29:27.279 --> 01:29:30.199
people that have been taking that.
I have taken advantage of it by taking

1502
01:29:30.239 --> 01:29:33.039
pictures of me going to the bathroom
or after a wrestling match. You know,

1503
01:29:33.079 --> 01:29:35.800
when I'm in the shower, I've
had people sink a picture of me

1504
01:29:36.039 --> 01:29:40.640
when Hulk Hogan in the shower.
So it's a cost of doing business.

1505
01:29:40.640 --> 01:29:43.600
Like I was trying to explain,
you have to get you give it up.

1506
01:29:43.920 --> 01:29:45.800
But in the privacy of your own
home. I'm not Hulk Hogan,

1507
01:29:46.119 --> 01:29:48.880
so I don't have to worry about
that and the provacy of my own home.

1508
01:29:49.159 --> 01:29:54.279
I'm Terry Balaya, and nobody invades
my provacy in my own home or

1509
01:29:54.319 --> 01:29:57.319
in a private setting when I'm with
my friends. So no, I understand

1510
01:29:57.359 --> 01:30:00.439
that as the whole Cogan characters,
it is a concern, but I do

1511
01:30:00.640 --> 01:30:04.159
give it up. I understand that. Yes, I think you explained in

1512
01:30:04.199 --> 01:30:08.439
your deposition that when fans, for
example, fans come up to you and

1513
01:30:08.479 --> 01:30:11.920
they ask you a question about your
personal life, you answer the question as

1514
01:30:11.960 --> 01:30:15.159
the character Hulk Hogan. Right well, I try to, you know,

1515
01:30:15.199 --> 01:30:17.960
that's what they expect. They want
to talk to Hulk Hogan brother. You

1516
01:30:17.960 --> 01:30:24.359
know, when the fans are asking
questions, right and if the fans ask

1517
01:30:24.439 --> 01:30:29.000
a question about Terry Balaya's personal life, you answer and the character Hulk Hogan.

1518
01:30:29.119 --> 01:30:33.960
Right well, fans don't usually ask
about Terry Bala and they say,

1519
01:30:34.119 --> 01:30:36.479
hey, Hulk, you know,
how's your daughter Brook? I go,

1520
01:30:36.560 --> 01:30:40.479
oh, she's awesome, brother,
And they don't say, hey, Terry

1521
01:30:40.520 --> 01:30:44.119
balleya, how's your daughter brook?
And they don't ask them that context.

1522
01:30:44.439 --> 01:30:47.319
Like I said, when I leave
my house, everyone thinks I'm Hulk Hogan.

1523
01:30:47.920 --> 01:30:51.439
You know, I can't remember a
situation where someone's come up and said,

1524
01:30:51.439 --> 01:30:55.079
hey, Terry Ballet, I heard
your wife got in the jet ski

1525
01:30:55.119 --> 01:30:58.119
accident, and you know, hey, Terry Ballea, how's your whizzle?

1526
01:30:58.239 --> 01:31:00.760
You know it's always Hulk Hogan.
So I don't know, it doesn't happen

1527
01:31:00.840 --> 01:31:05.600
that way. If you can,
then could look at page five fifty pardon

1528
01:31:05.640 --> 01:31:11.359
me, page five forty two,
Way five two, Volume three, Volume

1529
01:31:11.439 --> 01:31:17.880
Free, Yes sir, yes,
sir. Now this continues on to five

1530
01:31:18.079 --> 01:31:21.760
forty three. Question when you say
that you were, I'm sorry, brother,

1531
01:31:21.840 --> 01:31:26.600
you need to tell me what line
you're starting on? Line twenty.

1532
01:31:26.680 --> 01:31:30.239
Thank you? Okay, You see
it says question all right. And when

1533
01:31:30.279 --> 01:31:33.800
you say that you were, it's
this statement here is true for Hulk Hogan.

1534
01:31:33.920 --> 01:31:38.439
But you're talking about your personal life. Is that Hulk Hogan's personal life

1535
01:31:38.520 --> 01:31:43.039
or Terry Blaya's personal life? Answer, it's the character answering a question.

1536
01:31:43.279 --> 01:31:46.079
And if they ask a question about
Hulk Hogan's personal life, I will answer

1537
01:31:46.119 --> 01:31:50.960
in character as Hulk Hogan. If
they ask a question about Terry Blaya's personal

1538
01:31:51.000 --> 01:31:56.880
line, I will answer as the
character Hulk Hogan. I never in these

1539
01:31:56.920 --> 01:32:00.760
things go down to Terry Bola.
Do you see that? Yes, sir

1540
01:32:00.439 --> 01:32:04.479
okay? And is that true that
when they ask you about Terry Bolia's life,

1541
01:32:04.640 --> 01:32:08.479
you answering character as Hulk Hogan.
That's true, is it not?

1542
01:32:08.800 --> 01:32:12.920
Yes, as up and trying to
explain to you, right. And it

1543
01:32:13.039 --> 01:32:15.520
is also true that you never go
down to Terry Bola, not once I

1544
01:32:15.600 --> 01:32:18.159
leave the house, not once I
leave the house. And I'm a Hulk

1545
01:32:18.159 --> 01:32:21.640
Hogan. You know, it's expecting
me to always answer like Hulk Hogan,

1546
01:32:21.880 --> 01:32:26.359
such as line outside the old man
mailman goes hey Hulk, I say,

1547
01:32:26.399 --> 01:32:28.479
hey, how are you doing?
Brother? They don't, you know,

1548
01:32:28.520 --> 01:32:30.920
the mailman doesn't say, hey,
Terry Bolia, how you doing. So

1549
01:32:31.000 --> 01:32:33.960
I always you'll never expect me to
answer as Hulk Hogan, even if they

1550
01:32:34.000 --> 01:32:38.439
ask me, even if they did
ask me a question about my personal life.

1551
01:32:39.399 --> 01:32:43.680
So whatever questions fans ask, you're
going to answer as Hulk Hogan.

1552
01:32:43.760 --> 01:32:46.880
Yes, yes, sir okay.
Now let's talk a bit. You talk

1553
01:32:46.920 --> 01:32:51.239
to us yesterday about emotional distress that
you experienced. Do you recall that?

1554
01:32:51.920 --> 01:32:57.600
Yes? Now, you did not
seek any medical treatment in connection with the

1555
01:32:57.640 --> 01:33:01.600
emotional distress you experienced, did you, No, sir, it didn't see

1556
01:33:01.640 --> 01:33:05.640
a doctor in connection with your emotional
distress, did yet, sir? It

1557
01:33:05.760 --> 01:33:12.640
didn't seek psychological counseling in connection with
your emotional distress. Oh, sir,

1558
01:33:13.560 --> 01:33:16.199
you never went to a psychiatrist in
connection with your emotional distress, correct,

1559
01:33:16.239 --> 01:33:20.119
Oh, sir? All right.
Now, you also talked to us yesterday

1560
01:33:20.159 --> 01:33:26.119
about professional wrestling. Do you recall
that testimony? Sir? All right?

1561
01:33:26.279 --> 01:33:30.279
And you've explained to us that wrestling
isn't fake. It's not fake, right,

1562
01:33:30.319 --> 01:33:32.359
it's predetermined. What's a better way
to describe it? If you're just

1563
01:33:32.399 --> 01:33:36.800
doing a general analysis of it?
Right? And I think you explained to

1564
01:33:36.920 --> 01:33:42.439
us that folks in the wrestling community
are kind of offended when you talk about

1565
01:33:42.479 --> 01:33:45.600
it being fake, right, at
least there was a time back in the

1566
01:33:45.680 --> 01:33:48.279
day when they were. Yes,
Well, that second statement of yours is

1567
01:33:48.319 --> 01:33:54.680
correct. Okay. Now, when
we say it's predetermined, that means that

1568
01:33:54.760 --> 01:33:59.319
the outcome of the match, we
all the people involved, no going in

1569
01:33:59.359 --> 01:34:01.479
who's going to win? Right?
Yes, sir? Okay, I think

1570
01:34:01.479 --> 01:34:05.119
I read somewhere where you've only been
in one bout in your career where the

1571
01:34:05.159 --> 01:34:17.119
outcome was not predetermined. Right,
I don't know if that's correct, you

1572
01:34:17.199 --> 01:34:19.239
know, I don't know. Look, I don't know where you've read it.

1573
01:34:19.560 --> 01:34:21.800
You know you said you read it
somewhere. I need more detail,

1574
01:34:21.880 --> 01:34:25.279
you know, you need to help
me more. Let me ask you this.

1575
01:34:25.399 --> 01:34:27.479
You're about the one you had Landre
the Giant, Yes, sir,

1576
01:34:27.920 --> 01:34:30.439
that one you didn't know who was
going to win, did you. Well,

1577
01:34:30.479 --> 01:34:36.039
that's one instance. Yes, that's
true, Yes, sir, Okay,

1578
01:34:36.279 --> 01:34:40.119
you know he was in a very
bad mood and we just did not

1579
01:34:40.359 --> 01:34:43.399
know if he was gonna let me
win or not, because I couldn't have

1580
01:34:43.439 --> 01:34:46.119
never beaten him if he didn't let
me know he was They said five hundred

1581
01:34:46.199 --> 01:34:49.600
twenty pounds, but he was closer
like the seven hundred pound mark that night,

1582
01:34:51.760 --> 01:34:55.319
So if he did not want me
to win, I could not have

1583
01:34:55.399 --> 01:34:58.159
won. You know, I kept
asking Vince McMahon on even what are we

1584
01:34:58.239 --> 01:35:00.680
doing? You know, is it's
something zop or thumbs down? You know,

1585
01:35:00.800 --> 01:35:03.840
Vince didn't have an answer, So
I actually went the ring not knowing

1586
01:35:03.880 --> 01:35:06.560
if the giant was going to be
kind enough to let me win. You

1587
01:35:06.600 --> 01:35:11.520
know, it's very nerve wracking.
It was nerve wracking, very nerve wracking.

1588
01:35:11.600 --> 01:35:14.920
Yes, sir, I knew he
wasn't happy. Let me ask you

1589
01:35:14.960 --> 01:35:18.039
this one last thing before we move
on to another subject, this business about

1590
01:35:18.079 --> 01:35:23.000
professional wrestling. Let's talk about the
wrestling term. I believe it's referred to

1591
01:35:23.079 --> 01:35:29.439
as a work woh r okay,
work, Yes, sir, you're familiar

1592
01:35:29.439 --> 01:35:32.680
with that term, yes, I
am, and I take it. A

1593
01:35:32.800 --> 01:35:36.479
work is when both wrestlers are in
the ring and they decided they're going to

1594
01:35:36.520 --> 01:35:40.319
work together. They're going to get
physical, right, They're going to get

1595
01:35:40.399 --> 01:35:44.520
as physical as they can without injuring
each other. But they're working together,

1596
01:35:44.600 --> 01:35:47.359
right, Yes, sir. It's
like dancing with someone there, you go.

1597
01:35:47.560 --> 01:35:51.039
It's like dancing. And like with
dancing, you have someone who wants

1598
01:35:51.079 --> 01:35:55.039
to dance with you, right,
yes, sir? Okay? And when

1599
01:35:55.079 --> 01:35:58.359
this like dancing, when a work
is done, well, it flows quite

1600
01:35:58.399 --> 01:36:00.199
smoothly, doesn't it. Well,
I guess you could say that. I

1601
01:36:00.199 --> 01:36:03.479
mean there's a lot more to it
than that. Yeah, But if someone

1602
01:36:03.560 --> 01:36:06.319
is working together, well, you
know, the match seems to be better

1603
01:36:06.600 --> 01:36:11.279
and everything is more fluent, you
know, and it looks really really real.

1604
01:36:11.359 --> 01:36:15.199
If someone off two guys are good
workers, two dancers that are really

1605
01:36:15.239 --> 01:36:18.960
good, you can tell who knows
what they're doing in there. So if

1606
01:36:19.000 --> 01:36:24.840
you have two really good wrestlers,
really good working together, it all looks

1607
01:36:25.039 --> 01:36:30.279
very real. Let's would that would
be the hope? Yes, that would

1608
01:36:30.319 --> 01:36:32.439
be the goal. Well, that
would be the goal, yes, sir?

1609
01:36:33.079 --> 01:36:38.239
Okay, Now can the term work
will be used outside the ring,

1610
01:36:38.600 --> 01:36:46.000
outside the wrestling world. You can
use it for whatever you want. You

1611
01:36:46.000 --> 01:36:48.840
can use it right now that however
you want to use it. You know

1612
01:36:49.239 --> 01:36:53.319
that you're working together where the attorneys, you know, you guys are dancing

1613
01:36:53.399 --> 01:36:58.960
together, right, yes, sir? All right, mister Blaia. At

1614
01:36:59.000 --> 01:37:00.720
this point in time, you can
city yourself to be a celebrity, correct,

1615
01:37:00.800 --> 01:37:03.239
Yes, sir, I do.
After all these years. I think

1616
01:37:03.239 --> 01:37:06.680
I'm established and a lot of people
know me. I think because of that,

1617
01:37:08.039 --> 01:37:12.000
they would say he's well known enough
to be a celebrity by this point,

1618
01:37:12.079 --> 01:37:15.560
yes, sir, And hulk Hogan
is a household word, correct in

1619
01:37:15.680 --> 01:37:19.640
my opinion it is. I prefer
household world though, and I think,

1620
01:37:19.640 --> 01:37:24.720
as you explained in your deposition.
You were on the cover of Sports Illustrated,

1621
01:37:24.920 --> 01:37:28.840
right, Yes, sir, you
started doing talk shows and attained celebrity

1622
01:37:28.920 --> 01:37:31.680
status by the mid nineteen nineties.
Correct, that was my opinion, Yes,

1623
01:37:31.680 --> 01:37:33.840
sir, I thought it took that
long for me to get to that

1624
01:37:33.920 --> 01:37:39.079
point. Okay, and I take
it you still consider yourself a celebrity today,

1625
01:37:39.199 --> 01:37:42.199
Yes, sir, I just told
you I did. Okay. Now

1626
01:37:42.239 --> 01:37:45.720
I'm going to turn to the discussion
we had yesterday about reality TV. Do

1627
01:37:45.760 --> 01:37:48.199
you recall that, yes, sir, okay, And I believe your reality

1628
01:37:48.279 --> 01:37:53.279
show Hogan knows Best and in the
mid two thousands. You have a hard

1629
01:37:53.279 --> 01:37:56.199
time with dates. Sorry, yeah, all right, I think it was

1630
01:37:56.239 --> 01:37:59.039
two thousand and five to two thousand
and seven somewhere in there. Does that

1631
01:37:59.079 --> 01:38:01.239
sound I believe you, Yes,
sir. I don't know exactly, but

1632
01:38:01.520 --> 01:38:04.760
if that's what you have, I
believe that. Okay, Your daughter was

1633
01:38:04.800 --> 01:38:08.239
on the show, right, yes, sir, your daughter Brooke, Yes,

1634
01:38:08.239 --> 01:38:10.720
sir? How old was she at
the time, Well, the best

1635
01:38:10.720 --> 01:38:14.359
of my recollection, she was a
teenager, maybe seventeen. Maybe I'm guessing.

1636
01:38:14.760 --> 01:38:16.960
I really don't know. I'm not
good with dates and times and stuff

1637
01:38:17.000 --> 01:38:20.279
like that. You know she was
younger, and your son Nick was on

1638
01:38:20.319 --> 01:38:23.760
the show as well, right,
yeah, he would be two years younger

1639
01:38:23.760 --> 01:38:26.960
than Brooke. All right, what
we're going to do is we're going to

1640
01:38:27.039 --> 01:38:30.039
take show a brief clip just to
give you the introduction to the show.

1641
01:38:30.199 --> 01:38:31.760
If you can take a look at
that, Tim, do you have that

1642
01:38:32.399 --> 01:38:36.520
video clip? Published as follows Linda, can you call the kids? Neck?

1643
01:38:36.760 --> 01:38:42.560
Mom? Where are you? Well? Where is everybody? Hogan knows?

1644
01:38:42.600 --> 01:38:46.800
Best video clip concluded? Okay,
is that introductory portion we looked at?

1645
01:38:46.960 --> 01:38:49.760
I take it you recognize yourself,
right, Yes, sir? You

1646
01:38:49.840 --> 01:38:53.520
saw your wife at the time,
Linda, Yes, sir, and your

1647
01:38:53.560 --> 01:38:56.159
daughter Brooke, yes, sir,
and your son Nick, yes, sir.

1648
01:38:56.640 --> 01:38:59.439
Okay, now we're going Now what
we're going to do is we're gonna

1649
01:38:59.439 --> 01:39:01.239
take a look at a flip,
Tim, if you have that, Yanna,

1650
01:39:01.319 --> 01:39:06.880
This is D two fifty four D
video clip published as follows. Hi,

1651
01:39:08.000 --> 01:39:11.119
I'm Joan Ross. How are you
hi? So? What brings you

1652
01:39:11.159 --> 01:39:14.520
here today? The last six months
have just been like really bad fights.

1653
01:39:14.279 --> 01:39:16.880
There's just stuff, stuff erupting every
day between her and I. Oh,

1654
01:39:16.960 --> 01:39:19.960
there is just all this unhappiness.
It's kind of like Wow, you know,

1655
01:39:19.960 --> 01:39:23.800
it's just hard for me to understand
how we got to this point.

1656
01:39:24.119 --> 01:39:26.479
You know, part of our argument
is, you know, we both have

1657
01:39:26.640 --> 01:39:30.319
different levels of physicalities, and as
far as the sex drive goes, you

1658
01:39:30.359 --> 01:39:32.479
know, I'm very attracted to her. You would I approach her. It's

1659
01:39:32.520 --> 01:39:36.079
hard to get a positive, reinforced
response from her. It just never ever

1660
01:39:36.159 --> 01:39:41.199
happens. I'm just never in the
mood anymore. It can just be something

1661
01:39:41.199 --> 01:39:43.840
that's a little bit more eased into, or something well, I don't know

1662
01:39:43.920 --> 01:39:47.399
how to ease into any other way. I just like need five minutes with

1663
01:39:47.560 --> 01:39:54.199
your magazine or something else besides going
straight. Video clip concluded, You remember

1664
01:39:54.239 --> 01:39:58.560
the show and the discussions, yes, sir, the marriage counselor yes sir?

1665
01:39:59.159 --> 01:40:01.279
Okay, when you were doing this
show, did you consider that was

1666
01:40:01.359 --> 01:40:03.920
something that was appropriate for the public
to see? Yes, sir, you

1667
01:40:03.960 --> 01:40:06.720
know, we you know we were. It's like a clip you showed where

1668
01:40:06.800 --> 01:40:10.960
it's Hogan knows Best, you know, Hulk Hogan, Linda Hogan, Nick

1669
01:40:11.039 --> 01:40:14.640
and Brook Hogan. It wasn't Terry
Balaya knows Best, and it wasn't Linda

1670
01:40:14.680 --> 01:40:17.880
Balaya, Terry Balaya or Nick Balaya. I think we discussed yesterday that everything

1671
01:40:17.920 --> 01:40:21.239
was scripted and set up. You
know, they had storylines, so this

1672
01:40:21.319 --> 01:40:25.479
was one of the storylines that they
wanted to go down. Let me ask

1673
01:40:25.479 --> 01:40:29.520
you this, when you did that
particular episode and you showed sitting down with

1674
01:40:29.600 --> 01:40:33.159
the marriage counselor, did it concern
you at all that the public may become

1675
01:40:33.239 --> 01:40:35.880
more interested in the state of your
marriage? Well, I was hoping they

1676
01:40:35.920 --> 01:40:39.840
would become more interested in the show. That's why we were doing it.

1677
01:40:40.560 --> 01:40:44.199
Did it concern you at the time
that the public when you discuss these kinds

1678
01:40:44.199 --> 01:40:46.680
of matters, that the public might
become more interested in how your relationship with

1679
01:40:46.720 --> 01:40:49.520
your wife was going. Not that
they would become more interested. No,

1680
01:40:49.760 --> 01:40:54.159
I mean on the show actually the
final season of the show, you know,

1681
01:40:54.199 --> 01:40:56.680
a lot of people said it looks
like you're not getting along with your

1682
01:40:56.680 --> 01:40:59.439
wife on camera. You know,
I didn't really read into that, So

1683
01:40:59.640 --> 01:41:01.479
that was so normal for me to
be at odds with or off camera,

1684
01:41:01.640 --> 01:41:04.560
you know, on camera, off
camera, it just read on camera that,

1685
01:41:04.600 --> 01:41:08.840
you know, Hulk Hogan and Linda
Hogan aren't getting along. You know,

1686
01:41:08.920 --> 01:41:13.680
sometimes already imitates life and to be
in that situation where whether at the

1687
01:41:13.760 --> 01:41:17.039
dog massage or or the beach,
or a psychiatrist or the marriage counsel you

1688
01:41:17.079 --> 01:41:20.199
know, you know, it's Hogan
knows best. You know. I think

1689
01:41:20.399 --> 01:41:24.199
if we had been in there as
Terry and Linda Balaya, we might have

1690
01:41:24.279 --> 01:41:28.560
really gotten into some serious private details. And if it was a private marriage

1691
01:41:28.600 --> 01:41:30.960
counselor to really save our marriage,
I think it would have been a lot

1692
01:41:30.960 --> 01:41:35.880
different than what we saw just there
right now. So I take it what

1693
01:41:36.000 --> 01:41:42.319
you're telling me. It really wasn't
a concern of mine, right What are

1694
01:41:42.359 --> 01:41:46.079
you asking me now by showing this
on the show, showing the marriage counseling

1695
01:41:46.119 --> 01:41:53.760
and all that, you really weren't
concerned. No, sera was not.

1696
01:41:54.199 --> 01:41:59.279
You know, we had so much
stuff so far out there with the show.

1697
01:41:59.159 --> 01:42:02.760
That was just another beat. They'll
forget that episode in the next episode

1698
01:42:02.800 --> 01:42:08.119
they'll watch. So it was just
just storylines, you know. I didn't

1699
01:42:08.119 --> 01:42:11.279
go, oh, my gosh,
you know, we're gonna do some character

1700
01:42:11.359 --> 01:42:14.920
driven piece that the producers want us
to do that's gonna make things worse or

1701
01:42:15.000 --> 01:42:17.359
make people you know, I wasn't
thinking of that. I was thinking of,

1702
01:42:17.640 --> 01:42:21.520
let's do the show and get a
good scene in here. Do the

1703
01:42:21.520 --> 01:42:25.439
show get a good scene. Yeah, that's what you're doing. You know,

1704
01:42:25.520 --> 01:42:28.399
you're a pro. You're on camera
and they usually tell you exactly what

1705
01:42:28.439 --> 01:42:30.680
they want out of the scene.
So we wanted that drama intention. I'm

1706
01:42:30.720 --> 01:42:34.159
sure, Tim, if we could
look, please at clip D two fifty

1707
01:42:34.159 --> 01:42:40.880
four Crana video clip published as follow
us Linda, Yes, today's my wish

1708
01:42:40.920 --> 01:42:43.760
day. I hope you're ready.
I'm sitting down here. I'm ready.

1709
01:42:43.880 --> 01:42:47.800
Why don't you come upstairs? You
know I'll be up in a few minutes.

1710
01:42:47.920 --> 01:42:51.479
All right, love you by,
love you too. She's in for

1711
01:42:51.520 --> 01:42:57.760
a surprise. Video clip concluded saw
that clip, Yeah, I saw,

1712
01:42:57.840 --> 01:43:00.039
I saw it you sir? Did
you can see that to be invasive of

1713
01:43:00.079 --> 01:43:02.119
your privacy? Well, no,
sir. Once again, we were all

1714
01:43:02.199 --> 01:43:05.279
we were all here. We are
filling a TV show, you know,

1715
01:43:05.279 --> 01:43:09.680
and whether it's in the wrestling ring
and someone pulls my trunks down or I

1716
01:43:09.720 --> 01:43:13.960
pulled Rick Flair's trunks down, you
know, there's certain artistic liberties when you're

1717
01:43:13.960 --> 01:43:16.520
in character, you know, and
if the producers are asking you to shoot

1718
01:43:16.520 --> 01:43:20.520
a scene, you know, it's
pretty acceptable when you're filming a TV show.

1719
01:43:21.319 --> 01:43:26.880
So you weren't embarrassed there being depicted
on National TV sitting on the commode

1720
01:43:27.039 --> 01:43:30.199
with the trousers around jankles. Right, you weren't embarrassed. Well, I'm

1721
01:43:30.199 --> 01:43:31.760
not going to say I wasn't embarrassed. It's just, you know, it

1722
01:43:31.880 --> 01:43:34.720
is humbling to be seen like that. But it's part of the show.

1723
01:43:35.039 --> 01:43:38.600
So it's part of the deal,
the good with the bad of being an

1724
01:43:38.680 --> 01:43:43.079
entertainer. I see. And I
take it you a comfortable having that depicted

1725
01:43:43.119 --> 01:43:46.159
on your reality TV show that you
thought this was something that was appropriate for

1726
01:43:46.199 --> 01:43:49.119
the public to see. Well,
you know for TV fourteen or the ratings

1727
01:43:49.159 --> 01:43:54.199
say that the rating system has said
that this was acceptable programming for that time

1728
01:43:54.239 --> 01:43:57.399
slot. Yes, sir, my
question, as you thought it was appropriate

1729
01:43:57.399 --> 01:43:59.600
for the public to see, right, Well, I never thought about it

1730
01:43:59.640 --> 01:44:02.079
that way. I just thought it
was okay that they were just going to

1731
01:44:02.199 --> 01:44:05.840
get out a side shot at the
cheek of my rear end on a toilet.

1732
01:44:05.880 --> 01:44:10.119
It'd be funny and a sound effection. They put a farting sound effect

1733
01:44:10.119 --> 01:44:12.800
in there. It was tongue in
cheek. You have to take it for

1734
01:44:12.920 --> 01:44:16.079
what it's worth. When you're being
entertained. It was humorous. I take

1735
01:44:16.079 --> 01:44:18.279
it, Yes, sir, you
thought it was humorous. It's kind of

1736
01:44:18.279 --> 01:44:20.920
funny when they put the sound effect
in. Yes, and I take it

1737
01:44:20.960 --> 01:44:25.680
to strike that. Just to wrap
up on the reality TV business, after

1738
01:44:25.760 --> 01:44:28.760
your show, Hogan Knows Best went
off the air, VH one came out

1739
01:44:28.760 --> 01:44:30.800
with a new series, Brooke Knows
Best. Correct, Yes, sir,

1740
01:44:31.359 --> 01:44:33.920
And your daughter was the star of
that show. Yes, sir, you

1741
01:44:34.039 --> 01:44:38.039
appeared on it. Correct. Yes, sir. All right, let me

1742
01:44:38.079 --> 01:44:40.479
see if we can wrap up your
mister boulay up, I would like you

1743
01:44:40.520 --> 01:44:43.640
to direct your attention to defendants Exhibit
sixty eight. Do you see that there,

1744
01:44:44.079 --> 01:44:45.560
Yes, sir, I do.
And that is your book, My

1745
01:44:45.680 --> 01:44:48.520
Life Outside the Ring? Correct,
Yes, sir. And this book,

1746
01:44:48.600 --> 01:44:53.000
Hull Coogan My Life Outside the Ring
was co authored. You co authored this

1747
01:44:53.039 --> 01:44:57.159
with Mark Digistino. Correct. I'm
not exactly sure what you mean by co

1748
01:44:57.319 --> 01:45:02.039
authored. You know, I told
the story to Mark Agostino, and he

1749
01:45:02.079 --> 01:45:05.279
wrote the story. So I don't
know if I've got a credit as a

1750
01:45:05.319 --> 01:45:09.520
co author, because I'm not sure
I've never seen it, or if I

1751
01:45:09.560 --> 01:45:12.199
saw it, I don't remember it, you know. But I told him

1752
01:45:12.359 --> 01:45:15.039
the story about Hulk Hogan My Life
Outside the Ring. I told him the

1753
01:45:15.039 --> 01:45:18.000
story, and he wrote the story. He was the author of it.

1754
01:45:18.079 --> 01:45:21.479
Is what I'm trying to say.
This is your second book, right,

1755
01:45:21.720 --> 01:45:25.920
yes, sir, Now, you
wrote this book because your life was moving

1756
01:45:25.960 --> 01:45:29.880
forward and you thought there was interesting
stuff going on. Right for several reasons,

1757
01:45:30.800 --> 01:45:33.000
My life was moving forward. I
got a chance to explain what was

1758
01:45:33.000 --> 01:45:35.600
going on in Hulk Hogan's life,
you know. And I have the opportune

1759
01:45:35.640 --> 01:45:40.359
opportunity to make some money off of
book because there are interesting things going on

1760
01:45:40.399 --> 01:45:44.079
in my life. So there was
an upside that if the book was popular

1761
01:45:44.159 --> 01:45:47.079
and sold, it would help bring
in revenue. And you did think there

1762
01:45:47.079 --> 01:45:50.600
were interesting things that you chose to
share with the public in this book,

1763
01:45:50.680 --> 01:45:54.640
right, yes, sir, Now, I take it when you wrote the

1764
01:45:54.640 --> 01:45:58.920
book, you hope that folks raids
and what have you would find this to

1765
01:45:58.960 --> 01:46:01.279
be an interesting book and they would
buy it. Right well, I was

1766
01:46:01.279 --> 01:46:05.359
hoping the way the book was written, it'd be compelling and interesting and exciting

1767
01:46:05.359 --> 01:46:09.920
and entertaining and they would be interested
in it. Okay. Now, one

1768
01:46:09.920 --> 01:46:12.800
of the things you chose to include
in your book was an account of the

1769
01:46:12.880 --> 01:46:15.920
affair you had with Christiane Plant correct, Yes, sir, If we can

1770
01:46:15.960 --> 01:46:18.840
look please at page one eighty five
and one eighty six of your book.

1771
01:46:18.840 --> 01:46:23.680
You'll see the text will appear here. See where it says one of those

1772
01:46:23.680 --> 01:46:27.960
handlers the record company brought in,
and we're referring to handlers for your daughter

1773
01:46:27.960 --> 01:46:32.039
Brook. Yes, sir, so
one of those handlers the record company brought

1774
01:46:32.079 --> 01:46:35.960
in for Brooke was a woman named
Christiane Plant. Yes, sir, Christian,

1775
01:46:36.439 --> 01:46:40.720
I said, yes, sir.
Christiane was so great with Brookes.

1776
01:46:40.720 --> 01:46:44.000
She did everything she could to look
after her, and I loved seeing someone

1777
01:46:44.039 --> 01:46:46.119
take care of my daughter that way. She was just so positive and caring.

1778
01:46:46.319 --> 01:46:49.000
She was thirty four, but she
and Brooke became really close, almost

1779
01:46:49.000 --> 01:46:51.439
like best friends in a way.
Do you see that? Yes, sir.

1780
01:46:51.920 --> 01:46:55.720
Now, if we continue on,
you see the passage starting next thing,

1781
01:46:55.720 --> 01:46:58.960
I know this is the last paragraph
on one eighty seven. Okay,

1782
01:46:59.039 --> 01:47:00.680
there, If you could direct your
attention there, and if you could look

1783
01:47:00.680 --> 01:47:03.279
at that, the next thing,
I know, the two of us started

1784
01:47:03.359 --> 01:47:08.399
kissing. Not to sound perverted or
anything, but it was fantastic. Here

1785
01:47:08.439 --> 01:47:11.720
I am in my mid fifties.
Here, I am in my fifties now,

1786
01:47:11.920 --> 01:47:15.359
and this was a really attractive thirty
four year old woman with dark hair

1787
01:47:15.359 --> 01:47:18.880
and a curvacious body, and just
to have some affection, genuine caring mixed

1788
01:47:18.880 --> 01:47:24.119
in with that physical attraction. It
felt good. It was such an emotional

1789
01:47:24.159 --> 01:47:28.000
and physical release. We didn't have
sex that night, but it opened the

1790
01:47:28.039 --> 01:47:30.800
door. Over the course of the
next two months we did have sex,

1791
01:47:30.840 --> 01:47:34.439
maybe five different times. That was
it. Do you see that, Yes,

1792
01:47:34.439 --> 01:47:38.439
sir, I do see that now. I take it you felt comfortable

1793
01:47:38.479 --> 01:47:41.359
at the time you did your book
sharing that with the public, right,

1794
01:47:41.720 --> 01:47:44.319
yes, sir, And I take
it this as kind of part of the

1795
01:47:44.359 --> 01:47:47.159
interesting stuff that you hoped, interesting
stuff going on in your life that you

1796
01:47:47.199 --> 01:47:50.359
hoped folks would find worth reading about. Right, it is part of the

1797
01:47:50.359 --> 01:47:54.439
stuff going on in my life,
yes, sir. Okay. Now,

1798
01:47:54.479 --> 01:47:57.560
as events were to unfold, it
looks like you were right about that,

1799
01:47:57.600 --> 01:48:00.439
as you report in your book.
If we could look, please page two

1800
01:48:00.520 --> 01:48:02.960
fifty three, three paragraphs up from
the bottom. You'll see the passage there.

1801
01:48:03.319 --> 01:48:14.600
So on February twenty eight, brother, if you would okay, if

1802
01:48:10.920 --> 01:48:19.640
if if you would read starting there
please so. On February twenty eighth,

1803
01:48:19.680 --> 01:48:24.800
my affair with Christian Plant became national
news. I don't think there's a blog

1804
01:48:25.039 --> 01:48:29.520
or entertainment show in America that didn't
run with the story of Hulk Hogan cheating

1805
01:48:29.560 --> 01:48:31.880
on his wife. Do you see
that? Yes, sir, Now that

1806
01:48:31.960 --> 01:48:34.880
was true, wasn't it. What
was true? The whole thing about the

1807
01:48:34.920 --> 01:48:39.119
business with the affair with Christian Plant
that became big news, didn't it.

1808
01:48:39.640 --> 01:48:43.840
Well, yeah, that was true, sir, widely reported. Right I

1809
01:48:43.840 --> 01:48:46.279
can't hear you. I'm sorry what
widely reported? Yes, yes, sir,

1810
01:48:46.439 --> 01:48:48.319
yes, sir. Now, before
we move on from this book,

1811
01:48:48.359 --> 01:48:51.119
there are other deeply personal things in
your book, aren't there. Well,

1812
01:48:51.159 --> 01:48:55.960
I'm definitely sure that there are,
Okay, and you're comfortable sharing notes with

1813
01:48:56.039 --> 01:48:58.680
the public, right, yes,
sir? All right. Lastly, if

1814
01:48:58.720 --> 01:49:02.319
we could ask you to direct your
attention Exhibits seventy defend its Exhibit seventy.

1815
01:49:02.359 --> 01:49:05.960
If we could pull up the cover
of that book. Now you remember that

1816
01:49:05.960 --> 01:49:10.399
book, yes, sir? Okay, and this one you co authored with

1817
01:49:10.439 --> 01:49:13.560
Michael Jan Friedman. Correct, Yes, sir, And this was your first

1818
01:49:13.560 --> 01:49:15.119
book, yes, sir, and
you reviewed it before it was published.

1819
01:49:15.119 --> 01:49:16.920
I take it. Yeah, you
know, I told once again, I

1820
01:49:17.000 --> 01:49:20.279
told the story to whoever that writer
was. You just said, well,

1821
01:49:20.319 --> 01:49:23.439
then there was an extra step after
that. You know, I was working

1822
01:49:23.479 --> 01:49:26.439
for the w TOW at the time, and then they had their people go

1823
01:49:26.520 --> 01:49:29.000
through it and change stuff too,
so soon as it was you know,

1824
01:49:29.039 --> 01:49:31.560
this book was different than the other
one. This was released through the WWE.

1825
01:49:31.640 --> 01:49:34.600
So I told the story, you
know, the writer wrote my story,

1826
01:49:34.680 --> 01:49:38.279
whatever parts you want or write of
the story, and then w E

1827
01:49:38.479 --> 01:49:41.279
changed it and did what they wanted
to it. So there was like an

1828
01:49:41.279 --> 01:49:44.760
extra process with this book. Okay, what we're going to do is we're

1829
01:49:44.800 --> 01:49:46.880
going to shift our focus one last
time and we're going to talk about a

1830
01:49:46.920 --> 01:49:50.079
different subject. What we're going to
do is we're going to look briefly as

1831
01:49:50.119 --> 01:49:54.640
an excerpt from an appearance you did
in October twenty it's two thousand and six

1832
01:49:54.640 --> 01:49:57.159
on Bubba's show, So if you
could focus on that period of time,

1833
01:49:57.199 --> 01:50:00.600
we'll look at clip D two forty
two C. Video clip published as follows.

1834
01:50:01.039 --> 01:50:05.159
Hello, Hello, Hoodie, what
are you doing? We're just giving

1835
01:50:05.199 --> 01:50:09.199
me We're just doing a Brent intervention
right now. Oh yeah, who's who's

1836
01:50:09.319 --> 01:50:12.760
Brent interventioning? Brent? I think
Hoodie is in the same condition you were

1837
01:50:12.880 --> 01:50:17.720
last Friday. I love Hoodie,
Hoodie, what what are you running right

1838
01:50:17.760 --> 01:50:20.199
now? What are you running?
Deep? Well, I can't tell you.

1839
01:50:20.760 --> 01:50:30.399
Video clip concluded, mister Belaya,
Do you recognize your voice in that

1840
01:50:30.399 --> 01:50:33.119
clip? Yes, sir, I
do. And do you recognize Babba La

1841
01:50:33.159 --> 01:50:38.199
Love Sponge's voice on that program?
Yes? I do, and I take

1842
01:50:38.239 --> 01:50:41.479
it this is one of those occasions
you told us about where you appeared by

1843
01:50:41.680 --> 01:50:45.319
telephone or can you tell sounds like
it? I mean, I mean,

1844
01:50:45.399 --> 01:50:47.319
yeah, it sounds like it.
I really don't know if I was sitting

1845
01:50:47.319 --> 01:50:49.960
there on the phone or acting like
I was on the phone, you could

1846
01:50:49.960 --> 01:50:54.720
have been all the above, he
refers. I believe he refers to you

1847
01:50:54.760 --> 01:50:57.479
as Hoodie, right, Yes,
sir? Was that one of his nicknames

1848
01:50:57.479 --> 01:50:59.560
for you? Yeah? One who
was teasing me? And that was a

1849
01:50:59.640 --> 01:51:01.399
name of his dog. He called
me Hugh. He just to rile me

1850
01:51:01.479 --> 01:51:03.880
up, or I'd say to him, you know, I'd say to him

1851
01:51:03.920 --> 01:51:06.640
to rile him up. Tim,
If you could play the next clip,

1852
01:51:06.640 --> 01:51:11.720
which is D two forty two,
a video clip published as follows, All

1853
01:51:11.800 --> 01:51:14.760
right, how about how about people
have emailed how big is your penis?

1854
01:51:14.960 --> 01:51:17.760
Man? You guys got you guys
are brez, You guys are brothers.

1855
01:51:19.039 --> 01:51:23.399
You guys are bres I mean,
is it over? Well, you tell

1856
01:51:23.439 --> 01:51:27.039
them, you tell all your fans
right now, you'll keep brooking number one

1857
01:51:27.079 --> 01:51:30.520
while her record releases sold Tuesday all
through the week, and I'll tell you

1858
01:51:30.560 --> 01:51:34.479
how big the Locknest Monster is,
how big a cock is? So that's

1859
01:51:34.479 --> 01:51:39.000
the fans motivation. Yeah, Jimmy, we gotta get voting and we gotta

1860
01:51:39.000 --> 01:51:42.880
buy this record. That's fine,
Bubba. Let's let's see you talk smack

1861
01:51:42.920 --> 01:51:45.319
to your your cult followers, Hogan. I talk so much smack to them.

1862
01:51:45.359 --> 01:51:47.520
Look what I've done. Well,
if you want to see how big

1863
01:51:47.560 --> 01:51:53.880
the Locknest Monster is, you better
talk some turkey prodible. I've seen it

1864
01:51:53.920 --> 01:51:57.199
before. I know how big it
is. Shoot everybody at VH one seen

1865
01:51:57.359 --> 01:52:00.920
two. Yeah, exactly, and
they called me king. Try exactly.

1866
01:52:00.039 --> 01:52:02.760
I would say, hard, you're
probably seven and a half or eight inches.

1867
01:52:02.920 --> 01:52:05.840
Shit, No, that's what I'm
saying. Well, dude, I

1868
01:52:06.119 --> 01:52:10.920
got sized fifteen feet. I wear
a size fifteen ring on my wedding ring.

1869
01:52:11.279 --> 01:52:14.319
Figure it out. Well, you
ain't got a fifteen inch cock,

1870
01:52:14.399 --> 01:52:16.039
Hogan. Well, it's about two
thirds of size of your feet in your

1871
01:52:16.039 --> 01:52:20.239
hands. Jag Off, Wow,
what's sixty six percent fifteen Brett ten?

1872
01:52:20.479 --> 01:52:23.680
What the fuck? I mean?
What? What? What is? What

1873
01:52:23.800 --> 01:52:27.720
is five times three? So you're
saying now Ned said you're right at ten?

1874
01:52:28.199 --> 01:52:33.079
Well Ned should know felt it felt
like ten. So you're you're claiming,

1875
01:52:33.359 --> 01:52:38.159
you're claiming to maybe have a ten
inch cock. I'm not claiming those

1876
01:52:38.199 --> 01:52:45.880
are the facts. Jack Clip concluded, Yes, sir, having listened to

1877
01:52:45.880 --> 01:52:50.960
that, I take it that as
you telling Bubba's radio audience that if they

1878
01:52:50.960 --> 01:52:54.800
will keep your daughter Brooke, if
they will keep Brooks record at number one,

1879
01:52:55.479 --> 01:53:01.239
you would tell them exactly how big
your penis is. Right. I

1880
01:53:01.279 --> 01:53:05.279
didn't hear that part. I heard
a lot of stuff, but you're solvid,

1881
01:53:05.359 --> 01:53:10.399
I could really hear you didn't hear
that. I was trying to understand

1882
01:53:10.439 --> 01:53:15.119
the words, but it sounds like
it's ecoly. Would you like to hear

1883
01:53:15.159 --> 01:53:17.159
it again? Sure, but you
have to tell me because I can't understand

1884
01:53:17.199 --> 01:53:20.239
what's being said. You don't tell
me words said so I can really listen

1885
01:53:20.279 --> 01:53:26.199
for it? All right, you'renna. Can we play it again? Do

1886
01:53:26.279 --> 01:53:28.840
we have to? Because someone just
tell me what was said? Do you

1887
01:53:28.840 --> 01:53:32.560
have a transcribed We don't have a
transport. You let me ask you this.

1888
01:53:33.600 --> 01:53:36.720
Do you have a recollection of going
on Bubba's show about the time that

1889
01:53:36.760 --> 01:53:40.880
your dada's record was released? Do
you have a recollection of working to help

1890
01:53:40.880 --> 01:53:43.239
promote Brooks record? Yes, sir, I do, I sure do.

1891
01:53:43.680 --> 01:53:46.239
And do you have a recollection of
working to do that with the assistance of

1892
01:53:46.359 --> 01:53:49.560
Bubba the Love Sponge clem, Yes, sir, I do. We touched

1893
01:53:49.560 --> 01:53:53.840
on that yesterday, didn't we.
Oh. I'm pretty sure how Bubba would

1894
01:53:53.880 --> 01:53:56.640
help you out on things? I
asked you, Yes, sir, did

1895
01:53:56.640 --> 01:54:00.239
he help out you out promoting brookes
career? Yes, sir. And now

1896
01:54:00.399 --> 01:54:03.640
did you hear the portion of the
discussion about the length of your penis?

1897
01:54:03.640 --> 01:54:05.760
Did you hear that's part? Well, yes, sir. You know I

1898
01:54:05.840 --> 01:54:09.319
heard a lot of it where he
said, you know, who do you

1899
01:54:09.479 --> 01:54:12.119
this? That? And the other? You know, I heard myself say

1900
01:54:12.199 --> 01:54:15.640
brez, which is a wrestling term
because I'm you know, because I was

1901
01:54:15.640 --> 01:54:18.199
a whole Hogan. You know,
Brez means brazoodle, all right, you

1902
01:54:18.239 --> 01:54:21.920
know when they're talking. I said, oh yo, that's brez brezootle.

1903
01:54:23.520 --> 01:54:27.560
You know. Then I did hear
size fifteen inch shoe, fifteen ring?

1904
01:54:28.039 --> 01:54:30.319
I heard two thirds, and then
I heard nine or ten inches, and

1905
01:54:30.479 --> 01:54:33.199
so I heard a lot of stuff. I just didn't hear that other part.

1906
01:54:33.239 --> 01:54:41.640
It was inaudible. Yeah, did
you hear the discussion about the length

1907
01:54:41.640 --> 01:54:44.920
of your penis? Yeah, I
heard a lot of it. I don't

1908
01:54:44.960 --> 01:54:46.960
know if I heard the whole thing
because I couldn't understand everything, you know,

1909
01:54:47.039 --> 01:54:49.880
but I did hear numbers talked.
I heard two thirds, and I

1910
01:54:49.920 --> 01:54:53.479
compared to hands and feet and you
know, figure it out. I heard

1911
01:54:53.520 --> 01:54:56.840
that part. Did you let me
ask you this? Just let's see if

1912
01:54:56.840 --> 01:55:00.720
we could simplify this. Do you
have any doubt as you sit in that

1913
01:55:00.880 --> 01:55:05.920
witness stand that you were discussing the
length of your penis on Bubba's radio program?

1914
01:55:06.000 --> 01:55:13.439
Any doubt? Yeah, well it's
not mine because mine isn't that size.

1915
01:55:13.920 --> 01:55:27.159
But we were discussing the length of
Hulk Hogans seriously, so you weren't

1916
01:55:27.159 --> 01:55:30.079
discussing No, no, seriously,
I do not have a ten inch penis.

1917
01:55:30.079 --> 01:55:38.359
No I do not, seriously fair
enough, So what you're telling you

1918
01:55:38.520 --> 01:55:42.800
believe that seriously is you were discussing
Hulk Hogan's penis. Right, excuse me,

1919
01:55:43.319 --> 01:55:45.960
you were discussing Hulk Hogan's penis.
Yes, because you know, Terry

1920
01:55:46.000 --> 01:55:54.880
ballet is penis is not Yeah,
because Siri, ballet is penis is not

1921
01:55:55.000 --> 01:56:00.560
ten inches like you're trying to say. I take it. When that discussion

1922
01:56:00.720 --> 01:56:04.880
was being had over the radio in
this community, you didn't think that that

1923
01:56:04.960 --> 01:56:11.399
was invasive of your privacy, right, my privacy, Yes, Sir,

1924
01:56:12.079 --> 01:56:16.039
Terry Balaya or Hulk Hogan. Well, we talked about Hulk Hogan several times.

1925
01:56:16.359 --> 01:56:18.399
You know, I need to get
you know, make you understand this

1926
01:56:18.680 --> 01:56:23.960
that Hulk Hogan gave up his privacy
the moment he walked out its front door

1927
01:56:24.239 --> 01:56:28.479
and became a celebrity and anonymity.
So I don't like talking about Hulk and

1928
01:56:28.560 --> 01:56:31.039
his penis, but I've already tried
to explain to you I gave him my

1929
01:56:31.119 --> 01:56:34.359
right as Hulk Hogan to have Hulk
Hogan have any privacy. I don't know

1930
01:56:34.399 --> 01:56:38.359
how much clear I can make that
to you. I'll do whatever I can

1931
01:56:38.359 --> 01:56:41.479
to help you, but you know, I don't know what else you know

1932
01:56:41.520 --> 01:56:45.800
to say to make you understand that. So fair enough, you're doing the

1933
01:56:45.800 --> 01:56:48.399
best you can right to help you, Yes, sir, okay brother,

1934
01:56:49.119 --> 01:56:54.600
Now, shortly after you appeared on
Bubba's show. Doing this business about the

1935
01:56:54.680 --> 01:56:58.359
length of the penis right. If
we move forward in time again, let's

1936
01:56:58.359 --> 01:57:00.359
look at an appearance you did on
how It's Stern. All right, you

1937
01:57:00.399 --> 01:57:03.880
appeared on Howard Stern in the fall
of two thousand and six, your reality

1938
01:57:03.920 --> 01:57:08.720
TV show was on at the time. And again this is focused around the

1939
01:57:08.760 --> 01:57:12.239
time where your daughter Brooke released her
album, released her music. Did you

1940
01:57:12.279 --> 01:57:15.239
know which album that would be two
thousand and six? Which when did she

1941
01:57:15.319 --> 01:57:16.920
release in two thousand and six?
I mean she released two or three albums

1942
01:57:16.960 --> 01:57:19.439
during that time in two thousand and
six, Yeah, yeah, yeah,

1943
01:57:19.479 --> 01:57:24.199
I mean there was one roup before
that she already had done that she had

1944
01:57:24.239 --> 01:57:28.359
done on her own, you know
then that wasn't really released right until the

1945
01:57:28.399 --> 01:57:32.399
first one with Cecil Barker and Soby
Records, And there were all a couple

1946
01:57:32.560 --> 01:57:36.439
back to back during that time period. Well, let's see if this helps

1947
01:57:36.439 --> 01:57:41.079
you. If you can play the
introductory clip from Defendants Exhibit two ninety nine,

1948
01:57:41.119 --> 01:57:44.359
this may help you as well.
Mister Palaya. Your appearance when you

1949
01:57:44.399 --> 01:57:46.800
went on Howard Stern was on October
twenty third to two thousand and six,

1950
01:57:47.079 --> 01:57:49.640
and you appeared with members of your
family. Let's take a look at that.

1951
01:57:49.720 --> 01:57:55.199
Well, it was a different subject
video clip published as follows nice outfit,

1952
01:57:55.319 --> 01:57:58.000
baby, Well, let's an outfit. You know how to dress?

1953
01:57:58.520 --> 01:58:01.600
You allow her to wear that?
I look great? You know, Nick,

1954
01:58:01.720 --> 01:58:04.880
you know how to dress too,
Hulk? How you doing? Brother?

1955
01:58:05.640 --> 01:58:08.640
What's up? Hulk? How are
you doing? Hey? Guys?

1956
01:58:09.479 --> 01:58:15.159
And uh, you look good?
Video clip concluded. So that is October

1957
01:58:15.199 --> 01:58:17.720
twenty third, two thousand and six. Yes, sir, Now do you

1958
01:58:17.760 --> 01:58:20.520
recognize yourself in that video clip of
the how its sterns show? Yes?

1959
01:58:20.640 --> 01:58:24.439
Or I do? And do you
recognize your wife at the time Linda?

1960
01:58:24.600 --> 01:58:27.359
Yes? Or I Do you recognize
your daughter Brooke? I take it?

1961
01:58:27.479 --> 01:58:30.279
Yes or I do? And lastly
you said Nick you recognize him as well?

1962
01:58:30.359 --> 01:58:31.520
Yes, sir? Now if we
could look at the next clip,

1963
01:58:31.520 --> 01:58:38.159
which is a D two nine video
clip published as follows have you is that

1964
01:58:38.199 --> 01:58:40.800
as far as you've gone with guys? Is kissing? Could I leave?

1965
01:58:41.359 --> 01:58:44.600
No? No? You can hear
this, gome on, Okay, I

1966
01:58:44.680 --> 01:58:48.479
haven't had sex, right, I'm
not going to tell like you guys.

1967
01:58:48.479 --> 01:58:51.319
All I've done is kiss guys like
I've made out with guys and stuff.

1968
01:58:53.000 --> 01:58:56.600
So they felt you up, Howard, Please, my legs are sweating,

1969
01:58:57.199 --> 01:59:00.479
all right. So you're saying third
bases as far as you've probably like second

1970
01:59:00.560 --> 01:59:04.000
or third. How did that happen
though? Under your father's watchful eye?

1971
01:59:04.039 --> 01:59:06.520
Well? Where did you get to
third base? Where were you? I

1972
01:59:06.560 --> 01:59:12.600
had a boyfriend and stuff? Good
god? Yeah, but how did she

1973
01:59:12.640 --> 01:59:15.720
get to third base under the watchful
eye of Hulk Hogan? Did you have

1974
01:59:15.920 --> 01:59:20.560
that on video? Hug? Video
clip concluded? Now you saw that clip,

1975
01:59:20.600 --> 01:59:23.800
you saw that discussion again and how
it's Stern? Yes, sir,

1976
01:59:24.239 --> 01:59:27.880
did you consider that to be an
invasion of Brooks privacy? Your daughter Brook

1977
01:59:29.039 --> 01:59:31.560
you know, as her on the
show doing a publicity tour my family,

1978
01:59:31.600 --> 01:59:35.319
knowing that we're going on there as
the Hogan family. It's almost like Hulk

1979
01:59:35.319 --> 01:59:39.239
Hogan giving up his privacy. You
know it is for me. It's hard

1980
01:59:39.239 --> 01:59:43.399
to watch with my children because it's
invasive, because Howard Stern was trying to

1981
01:59:43.479 --> 01:59:47.640
get go to Brook Balaia and find
out personally. So Brooke to me looked

1982
01:59:47.640 --> 01:59:51.439
embarrassed, even as Brooke Hogan because
she hasn't been around the media as long

1983
01:59:51.479 --> 01:59:55.840
as I have with getting embarrassed.
You know, I've had more experienced getting

1984
01:59:55.840 --> 01:59:59.479
embarrassed with tough questions and funny things, so it didn't look like she was

1985
01:59:59.520 --> 02:00:01.520
embarras. You know. There was
a little bit of a conflict with me

1986
02:00:01.600 --> 02:00:04.840
because I kind of know personally,
you know, what was going on as

1987
02:00:04.880 --> 02:00:09.039
compared to what she was saying a
relationship was with boys. You know,

1988
02:00:09.079 --> 02:00:12.279
I have a little bit different opinion
of that. So I take excuse me,

1989
02:00:12.680 --> 02:00:15.800
I take it that you thought sitting
there that that was something that was

1990
02:00:15.840 --> 02:00:18.359
appropriate for public discussion. Right,
Well, we understood we were going on

1991
02:00:18.399 --> 02:00:23.479
Howard's turn as a Hogan family.
We knew he was going to talk about

1992
02:00:23.520 --> 02:00:26.319
sex and stuff. So that's part
of the deal. You have to say,

1993
02:00:26.399 --> 02:00:30.560
that's part of the public consumption that
they come along with doing a media

1994
02:00:30.640 --> 02:00:32.640
tour, you know, So it
was okay to do as a Hogan family,

1995
02:00:33.199 --> 02:00:36.520
right, And what you're telling us
is, in that context, it

1996
02:00:36.600 --> 02:00:42.319
was okay for public discussion. You
were comfortable with her with that talk about

1997
02:00:42.359 --> 02:00:45.039
her experiences as Brooke Hogan, and
for her to get through a really tough

1998
02:00:45.079 --> 02:00:48.199
interview with a really tough interviewer,
you know, she did the best she

1999
02:00:48.279 --> 02:00:53.039
could it. It's tough for me
to watch my kid trying to protect herself

2000
02:00:53.079 --> 02:00:57.399
as Brook Hogan when Howard's frying away, trying to get some real personal issues.

2001
02:00:58.520 --> 02:01:00.800
If we could look at the next
clip him, if you could please

2002
02:01:00.800 --> 02:01:04.960
play D two ninety ninety video clip
published as follows. That is an awesome

2003
02:01:05.039 --> 02:01:11.119
outfit, Brook, hold on to
inaudible. Now, that is a mini

2004
02:01:11.159 --> 02:01:14.239
skirt in a little What is that? Brook? How do you describe that

2005
02:01:14.279 --> 02:01:17.560
outfit? I don't know. It's
like a vest with a bron hunder it.

2006
02:01:18.560 --> 02:01:21.640
Do you get nervous performing or have
you been doing it so much?

2007
02:01:21.840 --> 02:01:26.239
My heart's actually beat it a little
bit because I'm performing in front of Howard

2008
02:01:26.279 --> 02:01:30.000
Stern. Right now, let me
tell you something, your future husband.

2009
02:01:30.279 --> 02:01:33.159
That's right. It's like Marilyn Monroe
performing in front of the president and happy

2010
02:01:33.199 --> 02:01:38.680
birthday to you. I would love
to take your virginity. Wow? I

2011
02:01:39.039 --> 02:01:42.920
would. I mean I've never had
I've never been with a virgin. Wow.

2012
02:01:43.199 --> 02:01:47.520
He wants to inaudible her hour She's
right, high dude. Video clip

2013
02:01:47.600 --> 02:01:53.960
concluded, mister Balaya, do you
consider that to be something appropriate for public

2014
02:01:54.000 --> 02:01:56.279
discussion? Well, it's part of
the Howard Stern Show, so yes,

2015
02:01:56.319 --> 02:01:59.359
it goes along with the territory.
Okay, And what did you mean when

2016
02:01:59.359 --> 02:02:01.760
you said before your daughter, Howard
said he would like to take her virginity

2017
02:02:01.800 --> 02:02:05.239
and you said, referring to Brooke, that she is the right height objection,

2018
02:02:05.359 --> 02:02:09.920
judge, relevance, maybe you approach
yes at the bench. How much

2019
02:02:09.960 --> 02:02:14.000
longer do you intend to go anyway
about? I think I've got one more

2020
02:02:14.079 --> 02:02:16.079
video clip and I'll just give your
heads up. It's another Howard's stern,

2021
02:02:16.319 --> 02:02:19.520
So it's video. It's just for
its appearance and to hear a talk about

2022
02:02:19.560 --> 02:02:24.359
that. Our ratio is more that
they had you issue a curative instruction yesterday

2023
02:02:24.359 --> 02:02:27.920
to tell this jury he couldn't seek
to testify about damages associated with his family,

2024
02:02:28.000 --> 02:02:30.520
and they just opened the door wide
open. They've just played clips of

2025
02:02:30.560 --> 02:02:32.600
his family that have absolutely no relevance
to this man's privacy in this case.

2026
02:02:32.640 --> 02:02:35.319
And you can turn around and instruct
the jury that they're not to consider him

2027
02:02:35.359 --> 02:02:40.079
being upset over his family knowing about
this when they just brought them front in

2028
02:02:40.239 --> 02:02:44.319
center. That was the relevance judge. My bottom line is you don't get

2029
02:02:44.319 --> 02:02:47.359
it both ways. They want this
limiting instruction. They don't want to have

2030
02:02:47.439 --> 02:02:51.920
him talk even implicitly by slight inference
about the impact this sex tape had on

2031
02:02:51.960 --> 02:02:56.600
his relationship with his family. But
they come up here and ask him questions

2032
02:02:56.640 --> 02:02:59.920
about whether his daughter somehow was waiving
her privacy rights because she was on a

2033
02:03:00.079 --> 02:03:02.800
show to sing a song. It
creates a horrifically confusing impression in front of

2034
02:03:02.840 --> 02:03:05.439
the jury. Frankly, Judge,
they've opened the door to it at this

2035
02:03:05.520 --> 02:03:10.560
point, not at all, Urana. It goes to the question of public

2036
02:03:10.600 --> 02:03:14.279
concern. It goes to the question
of his damages and his notion of what

2037
02:03:14.359 --> 02:03:17.840
privacy is all about. And he
has a thick skin when he talks about

2038
02:03:17.840 --> 02:03:21.039
his damages. He's going to get
up there, He's going to testify about

2039
02:03:21.079 --> 02:03:26.119
the way the question regarding his feelings
regarding the vigidity aspect, that objection is

2040
02:03:26.159 --> 02:03:29.039
sustained. So do you have any
other questions regarding that clip? No,

2041
02:03:29.279 --> 02:03:31.319
that was the last question. Okay, So how much I'm trying to get

2042
02:03:31.399 --> 02:03:36.439
the luncheon time? That was my
question. I don't know how much more

2043
02:03:36.479 --> 02:03:40.479
cross you have or do we break
for luncheon come back? I can't speak

2044
02:03:40.479 --> 02:03:43.000
for him, Judge, I know
I'm asking him. He kind of looked

2045
02:03:43.000 --> 02:03:46.560
at me. I have one more
clip, I know, but I don't

2046
02:03:46.600 --> 02:03:54.079
know how much longer. It's ten
minutes. Then are you finished with your

2047
02:03:54.079 --> 02:04:00.520
cross? Yes, ma'am, Yes, okay, I'll do it however you

2048
02:04:00.520 --> 02:04:04.880
would like. Let's talk about the
clip is in cases an objection, your

2049
02:04:04.960 --> 02:04:09.199
honor. This is in regards the
next one or the last one. If

2050
02:04:09.319 --> 02:04:12.520
the judge has sustained the objection,
we're just going to move on. The

2051
02:04:12.600 --> 02:04:15.359
next clip is Howard Stern moving forward
in time. It's Howard Stern and he

2052
02:04:15.399 --> 02:04:18.399
appears with Jennifer. Thank you.
He appears with Jennifer, and we have

2053
02:04:18.439 --> 02:04:21.800
a couple of clips from that,
and they again he talks about the size

2054
02:04:21.800 --> 02:04:26.119
of his Penis that kind of thing? Is that the only thing You're going

2055
02:04:26.119 --> 02:04:29.000
to have? No conversation or statements
from Jennifer. Well, she's doing the

2056
02:04:29.079 --> 02:04:31.079
talking. It's the same problem.
They can't slam a door on him saying

2057
02:04:31.079 --> 02:04:33.640
he can't talk about his damage is
associated with his family, and then bring

2058
02:04:33.640 --> 02:04:35.920
in clips of his family. They
can't have their cake and eat it too,

2059
02:04:36.000 --> 02:04:41.039
judge. I think that is fair
game. He's sitting there talking with

2060
02:04:41.079 --> 02:04:55.279
her about what size condoms he wears. A week brother dude, they talk

2061
02:04:55.359 --> 02:05:04.680
about we can try, we can
try at the luncheon recess to recut the

2062
02:05:04.720 --> 02:05:11.640
clips. So it's just him.
He's sitting there with his bride and he's

2063
02:05:11.680 --> 02:05:15.439
talking about these things in all manner. He has every right at that point

2064
02:05:15.479 --> 02:05:19.600
if that's their argument, how they
want to address his thick skin to discuss

2065
02:05:19.640 --> 02:05:25.000
about whether that thick skin was penetrated
and concerned when this sex tape went out

2066
02:05:25.000 --> 02:05:30.239
about the impact on those relationships.
It's completely opened the door to I'm not

2067
02:05:30.319 --> 02:05:32.000
going to tell them how to argue
their case, but if that's how they

2068
02:05:32.039 --> 02:05:35.520
want to approach telling the jury that
he waives privacy, then he should have

2069
02:05:35.600 --> 02:05:40.399
every entitlement in the world to discuss
that. Judge, the objection is I

2070
02:05:40.439 --> 02:05:44.239
understand out of the plaintiff is one
relevancy and two that it's opening the door

2071
02:05:44.359 --> 02:05:47.880
against the stipulation where you all had
agreed to those damages aspect. Yes,

2072
02:05:48.239 --> 02:05:53.680
on that basis, I'll sustained objection. I'll move on. Great, thank

2073
02:05:53.720 --> 02:05:56.119
you. So you're just going to
wrap up, then, can I confer

2074
02:05:57.119 --> 02:06:00.079
so everybody is clear, has there
been any for redirect Is there any limit

2075
02:06:00.079 --> 02:06:03.000
in opening the door in that topic? Given that you sustained our objection.

2076
02:06:03.439 --> 02:06:06.920
Well, because the one there was
the let's say one and a half video

2077
02:06:06.960 --> 02:06:10.680
with the family, because I sustained
the objection, but the video was played,

2078
02:06:10.720 --> 02:06:13.520
So I think it's fair for there
to be limited. We're direct about

2079
02:06:13.560 --> 02:06:15.600
that, but limited, keeping in
mind the stipulation that y'all had as to

2080
02:06:15.720 --> 02:06:19.159
damages. Can I have the court's
approval to be able to instruct my client

2081
02:06:19.199 --> 02:06:23.560
on the lunch break the extent to
which you can talk to it. Yes.

2082
02:06:24.079 --> 02:06:27.039
Finally, Judge, I assume we're
going to break after his cross because

2083
02:06:27.079 --> 02:06:30.760
redirect will be about thirty minutes.
Yes, thank you, Thank you,

2084
02:06:30.359 --> 02:06:35.359
an open chord, missus Ollivan,
anything additional, no, ma'am, mister

2085
02:06:35.439 --> 02:06:41.399
Balaia, I appreciate your attention.
Thank you. All right, so,

2086
02:06:41.479 --> 02:06:44.720
thank you very much. We are
now going to break for lunch and we're

2087
02:06:44.720 --> 02:06:46.800
going to come back and we'll continue
with mister Blaya on redirect. By the

2088
02:06:46.800 --> 02:06:49.479
Planiff, I'm going to ask everybody
to come back at one thirty. Please

2089
02:06:49.520 --> 02:06:56.119
remember the instructions. The jury exited
the courtroom at twelve fifteen pm one thirty.

2090
02:06:56.680 --> 02:07:00.039
Yes, lunch and recess taken at
twelve fifteen pm. Court called to

2091
02:07:00.239 --> 02:07:10.199
order at one thirty two pm afternoon. Everybody please be seated. Is there

2092
02:07:10.199 --> 02:07:14.079
anything to work out prior to the
jury. We have one preliminary matter to

2093
02:07:14.119 --> 02:07:16.880
discuss very briefly, Thank you,
your honor. I will speak for the

2094
02:07:16.920 --> 02:07:20.119
defense. Excuse me for the arms
crossed. I seem to be freezing in

2095
02:07:20.159 --> 02:07:27.279
the courtroom for some reason. I
did want to just reel briefly revisit the

2096
02:07:27.399 --> 02:07:30.399
not revisit, but ask for a
clarification or a little guidance on the ruling

2097
02:07:30.439 --> 02:07:33.399
that you made at the bench when
opposing council asked about the door being open,

2098
02:07:33.600 --> 02:07:36.000
and we chatted for just a few
moments, and I really just wanted

2099
02:07:36.039 --> 02:07:39.920
to be double checked with the court
because we don't want to be jumping up

2100
02:07:39.920 --> 02:07:42.039
at the bench when the jury is
here and all that kind of stuff.

2101
02:07:42.079 --> 02:07:45.720
So our concern was the scope of
whatever discussion will be had on redirect.

2102
02:07:45.800 --> 02:07:48.439
And I understand you to say that
any inquiry that they may make now on

2103
02:07:48.479 --> 02:07:51.720
redirect will be very limited. And
so my understanding of that, and that's

2104
02:07:51.720 --> 02:07:56.000
why I said it real quickly,
is the testimony was simply relating to not

2105
02:07:56.079 --> 02:07:59.159
even testimony. It was a video
that was presented of the family, the

2106
02:07:59.199 --> 02:08:03.159
limited video of the family on the
Howard Stern program, And as we explained,

2107
02:08:03.159 --> 02:08:07.079
we were introducing that because that's relevant
to the plaintiff's understanding, this line

2108
02:08:07.279 --> 02:08:09.840
between public and private and him bringing
his family on the Howard Stern Show and

2109
02:08:09.880 --> 02:08:13.399
their private lives being made public like
that. That was that was our relevance.

2110
02:08:13.520 --> 02:08:16.399
And when you sustained your objection,
we stopped there and we didn't introduce

2111
02:08:16.399 --> 02:08:20.720
anything else. Then there was the
question, and this is what confused me.

2112
02:08:20.760 --> 02:08:22.159
And you know, my mind starts
wandering. It's my job here.

2113
02:08:22.239 --> 02:08:26.239
Right when they asked about the door
being opened and then being allowed inquiry and

2114
02:08:26.279 --> 02:08:28.319
you said that it would be very
narrowly limited, I was hoping you could

2115
02:08:28.319 --> 02:08:31.960
give us some guidance now so we
can avoid any possible concerns during redirect.

2116
02:08:33.800 --> 02:08:35.640
I think right after that, I
said, mister Turkle said you were all

2117
02:08:35.720 --> 02:08:39.000
going to be going to talk during
the lunch break, and so I don't

2118
02:08:39.000 --> 02:08:41.800
know what's happened. So I don't
know what it is that they plan on

2119
02:08:43.079 --> 02:08:46.840
what I what I told them before. She basically reiterated the entire speech we

2120
02:08:46.960 --> 02:08:50.119
had at the bench was that I'm
not going to ask my client any questions

2121
02:08:50.119 --> 02:08:52.119
about that unredirect, So all right, that doesn't seem to be an issue.

2122
02:08:52.119 --> 02:08:58.560
Then they wanted to do this,
so okay, I must have misunderstood

2123
02:08:58.600 --> 02:09:01.359
my I thought he was going back
to the stip lation, and I understood

2124
02:09:01.399 --> 02:09:05.279
that plaintiffs counsel said he would be
asking about their emotional distress from the videotape.

2125
02:09:05.319 --> 02:09:07.920
Our concern is more than that.
It is also the fact that we

2126
02:09:07.920 --> 02:09:11.039
were stopped at that point. Okay, great, thank you, and Judge,

2127
02:09:11.199 --> 02:09:13.720
thank you. So let's go ahead
and bring the jury in to be

2128
02:09:13.760 --> 02:09:16.760
extremely clear, so the court knows. Judge everybody was told, I'm not

2129
02:09:16.840 --> 02:09:20.600
asking him any questions about it.
If it comes up later, we will

2130
02:09:20.640 --> 02:09:37.279
deal with it then. Okay.
Wrestling podcast with Jack in Sorrow's Lapsed Fan

2131
02:09:37.479 --> 02:09:41.119
Wrestling Podcast. The jury returned to
the courtroom at one thirty six pm.

2132
02:09:41.439 --> 02:09:45.479
Okay, thank you all very much. Everybody could be seated. Hopefully you

2133
02:09:45.520 --> 02:09:48.000
had a nice lunch. All right. So where we left off at the

2134
02:09:48.319 --> 02:09:52.119
end was mister Sullivan had finished his
cross examination and now mister Turkle will put

2135
02:09:52.119 --> 02:09:56.199
mister Balai on redirect. Mister Turkle, thank you, mate. Please the

2136
02:09:56.239 --> 02:10:03.319
court redirect examination by mister Turcle mister
Balaa, I have a few follow up

2137
02:10:03.399 --> 02:10:07.439
questions for you Roller. In this
time period, you were in New York

2138
02:10:07.479 --> 02:10:11.319
between the or around the press tour
you had mentioned, and mister Sullivan had

2139
02:10:11.319 --> 02:10:15.319
shown you his TMC interview where you
find out that Bubba makes these comments on

2140
02:10:15.359 --> 02:10:18.359
the tape. Do you recall seeing
that video where Bubba makes comments on the

2141
02:10:18.399 --> 02:10:22.119
tape, the comments about retirement,
and yeah, I saw the TMZ video

2142
02:10:22.479 --> 02:10:24.159
in court today, right, yes, sir, all right, how many

2143
02:10:24.239 --> 02:10:28.720
days before that TMC interview did you
find out that Gaker had published the sex

2144
02:10:28.800 --> 02:10:31.399
video? Well, best of my
recollection is before I went on the publicity

2145
02:10:31.439 --> 02:10:35.039
tour, You'll be a four or
five maybe a week. But when I

2146
02:10:35.039 --> 02:10:37.920
found out about the sex tape,
I was just desponding. Yeah, I

2147
02:10:37.960 --> 02:10:41.960
was just you know, everyone was
trying to talk me into a knock going

2148
02:10:41.039 --> 02:10:45.039
on the tour, but I just
you know, it was before the tour

2149
02:10:45.119 --> 02:10:48.880
a week maybe or four or five
days. And that's what I was going

2150
02:10:48.920 --> 02:10:50.439
to ask you. You mentioned and
I don't know if the jury picked it

2151
02:10:50.520 --> 02:10:54.479
up in the long answer, that
hearing about the Bubba thing was icing on

2152
02:10:54.520 --> 02:10:56.880
the cake. Would you explain what
you meant by that it was, I

2153
02:10:56.239 --> 02:11:00.199
mean icing on the cake, because
when the video came out, it was

2154
02:11:00.239 --> 02:11:03.720
just totally flip my world upside down, and you know, I just remember

2155
02:11:03.079 --> 02:11:07.039
going days without being able to sleep, you know, just it was a

2156
02:11:07.039 --> 02:11:11.560
situation where all this media stuff was
affecting my personal life where I I just

2157
02:11:11.640 --> 02:11:15.119
had a hard time functioning or eating
or anything like that. You know,

2158
02:11:15.159 --> 02:11:18.840
I just function on autopilot. It
was just a constant barrage, whether I

2159
02:11:18.880 --> 02:11:22.880
was outside or going to the store
or anything. Instead of you know,

2160
02:11:22.960 --> 02:11:24.880
saying hello, Hulk, how are
you doing, It's like, Hulk,

2161
02:11:24.960 --> 02:11:28.079
you know we heard about the sex
tape? Or Hulk did you make the

2162
02:11:28.119 --> 02:11:31.319
sex tape? Or Hulk did you
you know are you part of the sex

2163
02:11:31.359 --> 02:11:33.600
tape? Or good job, Hulk, We love the sex tape. Brother.

2164
02:11:35.720 --> 02:11:39.039
So everything changed in my life from
that point on when it flipped my

2165
02:11:39.079 --> 02:11:41.880
world, you know, completely upside
down, and I had a really hard

2166
02:11:41.920 --> 02:11:46.399
time just functioning, you know,
in my house. After I left my

2167
02:11:46.479 --> 02:11:50.199
house, my whole life changed.
And then you know, when what I

2168
02:11:50.239 --> 02:11:52.840
was referring to is I hically on
the cake. I was confiding in Bubba

2169
02:11:52.960 --> 02:11:56.800
during that time that, you know, when that tape was out and I

2170
02:11:56.840 --> 02:12:00.439
was like, it's down as far
as I could totally go because of the

2171
02:12:00.479 --> 02:12:01.880
tape being out and trying to you
know, and Bubba saying, I'm not

2172
02:12:01.920 --> 02:12:05.279
I'm gonna fight this thing with you. I'm your best friend. I'm a

2173
02:12:05.359 --> 02:12:09.359
lawyer. You know, Heather did
it. You know, I was believing

2174
02:12:09.439 --> 02:12:11.239
in Bubba, and even though I
was really down, he was my only

2175
02:12:11.279 --> 02:12:15.960
hope. I was hanging onto that. And then when I found out Bubba

2176
02:12:16.000 --> 02:12:18.039
on that day released the tape,
it was just icing on the cake.

2177
02:12:18.439 --> 02:12:22.279
You know. Then there was a
little shift that lasted for a couple of

2178
02:12:22.359 --> 02:12:26.720
days or so. I hadn't regroup
and rationalizing this guy's not my friend.

2179
02:12:26.119 --> 02:12:30.279
And you know, it was still
has been the same with my life being

2180
02:12:30.279 --> 02:12:33.279
flipped upside down as of you.
I mean even yesterday I walked out of

2181
02:12:33.279 --> 02:12:35.840
the courtroom. You know, first
thing, Hey yah, good luck on

2182
02:12:35.880 --> 02:12:39.319
the sex tape. I mean,
before all that has happened, that was

2183
02:12:39.479 --> 02:12:43.239
never mentioned to me, that was
never constantly thrown in my face, That

2184
02:12:43.319 --> 02:12:48.239
was never a twenty four hour a
day thought that people had. And it's

2185
02:12:48.279 --> 02:12:50.680
still the same, it's worse I
mean, you would talk to the jury

2186
02:12:50.760 --> 02:12:54.680
during direct about the difficult times in
the two thousand and seven, but by

2187
02:12:54.760 --> 02:12:58.039
two twelve, had you done as
much as you could to kind of regroup

2188
02:12:58.039 --> 02:13:01.520
in life? Well, you know, move forward. I met my new

2189
02:13:01.560 --> 02:13:03.399
wife, Jennifer, and I was
doing everything I could to try to get

2190
02:13:03.439 --> 02:13:07.439
on my feet, you know,
and you know, knowing that my past

2191
02:13:07.520 --> 02:13:11.520
life and everything that was going on
here is a fresh new start. And

2192
02:13:11.560 --> 02:13:15.039
I met Jennifer and she was very
spiritual, very aware, you know,

2193
02:13:15.119 --> 02:13:18.520
didn't read the newspaper or anything like
that. So I had this new situation

2194
02:13:18.520 --> 02:13:20.840
where I was in a great relationship
and I thought I had everything behind me.

2195
02:13:22.319 --> 02:13:24.960
And then when this sex tape hit, you know, my whole world

2196
02:13:24.960 --> 02:13:28.640
went upside down and everything changed from
my personal life to life on the street.

2197
02:13:28.880 --> 02:13:31.920
And it's just you know, I
thought I had my eye together again,

2198
02:13:31.119 --> 02:13:35.359
you know, I was moving forward, and this tape totally sabotaged me

2199
02:13:35.399 --> 02:13:39.199
again. It derailed me. Brother. Let me ask you, Mister Sullivan

2200
02:13:39.199 --> 02:13:41.560
asked you to tell the jury whether
you went to see any doctors or counselors

2201
02:13:41.760 --> 02:13:46.439
or sought treatment for physical elements.
But did it affect you physically? Yes,

2202
02:13:46.560 --> 02:13:48.239
or it did. Could you tell
them how well? I mean,

2203
02:13:48.760 --> 02:13:52.079
not being able to eat, not
being able to sleep, constantly thinking about

2204
02:13:52.079 --> 02:13:54.720
it twenty four hours a day.
You know, saw something you can walk

2205
02:13:54.720 --> 02:13:58.560
away from you is something that sticks
with you. And just my demeanor,

2206
02:13:58.560 --> 02:14:03.479
I just like I was turned inside. You know, That's the only thing

2207
02:14:03.479 --> 02:14:07.439
I can really describe it is it
felt like I was turned inside. So

2208
02:14:07.479 --> 02:14:09.760
if I was a meeting a fan
or building, a meeting a kid or

2209
02:14:09.800 --> 02:14:13.479
whatever, I felt like, you
know, I was so used to protecting

2210
02:14:13.520 --> 02:14:16.600
these kids and being honest with them
and telling them to do good and you

2211
02:14:16.600 --> 02:14:20.800
know, be cool and eat fruit
or train so your proteins, your vitamins,

2212
02:14:20.800 --> 02:14:24.840
such a positive thought that I felt
like if I try to talk to

2213
02:14:24.880 --> 02:14:26.960
anybody, especially the kids, but
there was this aura around me that I

2214
02:14:28.039 --> 02:14:31.000
just felt like I was exposed and
I couldn't say the right thing to these

2215
02:14:31.039 --> 02:14:35.159
kids and tell them the right thing
to do, or people without them thinking,

2216
02:14:35.199 --> 02:14:37.720
oh my god, you know he's
involved in a sex tape, and

2217
02:14:37.880 --> 02:14:39.640
just you know, it's just costly
on my mind. And it's just like

2218
02:14:39.720 --> 02:14:45.000
this overhanging cloud that will not lighten
up, because that is the topping that's

2219
02:14:45.000 --> 02:14:48.079
on everyone's mind. The sex tape
that they put out the TNA, the

2220
02:14:48.119 --> 02:14:52.479
Bound for Glory tour had been booked
based on your recollection, how far it

2221
02:14:52.600 --> 02:14:56.319
advanced of October fourth? Oh?
Usually, you know you have to book

2222
02:14:56.359 --> 02:15:00.279
the things at least a couple of
months in advance, so that would be

2223
02:15:00.319 --> 02:15:03.000
a couple of months for sure.
Was there discussion about canceling the tour?

2224
02:15:03.159 --> 02:15:05.840
Yes? Or there was? Did
you agree to cancel it? No,

2225
02:15:05.920 --> 02:15:07.960
sir, I thought we should do, you know, I felt that I

2226
02:15:09.000 --> 02:15:13.359
should move forward and not hide from
this. Who was Jules Workman? Would

2227
02:15:13.359 --> 02:15:16.439
you tell the jury who Jules Workman
is? Well? Jules Warman at the

2228
02:15:16.520 --> 02:15:20.239
time was a publicist that worked with
for TNA, that set up all these

2229
02:15:20.279 --> 02:15:24.039
interviews and talk to all the producers
and handled the publicity tour. So when

2230
02:15:24.079 --> 02:15:26.720
mister Sullivan asked you all these questions
about whether you talk to Howard Stern or

2231
02:15:26.800 --> 02:15:31.279
the TMC guys beforehand about staying off
this topic, and you kept referring to

2232
02:15:31.319 --> 02:15:35.000
a publicist, would that have been
the person who you were referring to for

2233
02:15:35.039 --> 02:15:39.880
this particular tour, Yes? Or
it would And you mentioned the word protocol.

2234
02:15:39.000 --> 02:15:43.479
Do you ever handle that part of
it, No, sir, any

2235
02:15:43.680 --> 02:15:46.000
do not sex tape? No sex
tape. When you're on a media tour

2236
02:15:46.039 --> 02:15:48.359
for wrestling, do you ever handle
that part of it? No, sir.

2237
02:15:48.960 --> 02:15:52.560
We're going to show some of the
Howard Stern clip that was cut off

2238
02:15:52.560 --> 02:15:54.319
where you were asked a question and
then there is no answer. It's got

2239
02:15:54.359 --> 02:15:58.000
a couple of things timing wise for
the jury. Was the Howard sterns show

2240
02:15:58.000 --> 02:16:01.439
that you were on on the b
for Glory tour before or after you had

2241
02:16:01.479 --> 02:16:05.159
the discussion with TMZ? Oh,
could you please restate that when you went

2242
02:16:05.199 --> 02:16:09.640
on the Howard Stern for Bound for
Glory? Was that before you had this

2243
02:16:09.680 --> 02:16:11.840
discussion with TMZ where they talked about
Bubba and all that stuff we saw,

2244
02:16:13.520 --> 02:16:16.159
Well, there's a call before where
I was talked about. Were you on

2245
02:16:16.359 --> 02:16:20.359
Stern before that? Do you remember
the itinerary? I'm sorry, I'm going

2246
02:16:20.399 --> 02:16:22.319
to confuse that question. I'm sorry. Sure when you go on the Stern

2247
02:16:22.359 --> 02:16:26.680
show, Yes, sir, you're
in the aqua blue shirt. We're going

2248
02:16:26.720 --> 02:16:30.760
to show you. Do you recall
if that interview, yes, occurred before

2249
02:16:30.840 --> 02:16:33.520
you had the TMZ phone call and
all that. Oh no, no,

2250
02:16:33.520 --> 02:16:35.360
no, no, no no no. I went on I went on Howard

2251
02:16:35.360 --> 02:16:37.120
Stern. I was actually defending Bubba
at that time, and I'll say,

2252
02:16:37.200 --> 02:16:41.040
you know, there's no way you
know this tape that Gawker release, you

2253
02:16:41.079 --> 02:16:43.920
know, Bubba would never do that. And I take it from that that

2254
02:16:45.000 --> 02:16:48.120
was before you had heard from TMZ
the Stern Show. Yeah, that day,

2255
02:16:48.200 --> 02:16:50.920
Yes, sir, that that day. Why you know, the jury

2256
02:16:50.920 --> 02:16:52.600
has gotten to see a little bit
bits and pieces of Howard Stern and some

2257
02:16:52.680 --> 02:16:56.600
of these these more graphic shows.
But could you tell them whether Howard Stern

2258
02:16:56.719 --> 02:17:00.559
when you're doing a wrestling tour is
an important show to you. Well,

2259
02:17:00.600 --> 02:17:03.639
yeah, Howard Stern is very important
because, like I said before, if

2260
02:17:03.639 --> 02:17:07.159
you go on the Howard Stern Show, it opens up opportunities to get on

2261
02:17:07.239 --> 02:17:11.000
other shows, especially as a wrestler, because a lot of news shows and

2262
02:17:11.120 --> 02:17:13.920
a lot of entertainment shows. Sometimes
like Jay Leno or something like that might

2263
02:17:13.959 --> 02:17:16.239
say, oh, you know,
I don't want a wrestler to on there,

2264
02:17:16.280 --> 02:17:20.239
you know, but Howard Stern kind
of changes the game for you if

2265
02:17:20.280 --> 02:17:22.840
you get on Howard Stern, and
that kind of like makes you more important

2266
02:17:22.879 --> 02:17:26.879
than if you don't get on Howard
Stern. Does this, does his demographic

2267
02:17:28.000 --> 02:17:31.639
matchup with the demographic you're trying to
reach as a wrestler across the board.

2268
02:17:31.719 --> 02:17:35.479
Yes, sir, you know it's
Middle America, NASCAR male's eighteen to fifty

2269
02:17:35.479 --> 02:17:39.120
five. That's a perfect demo for
wrestling. I want to show you now,

2270
02:17:39.120 --> 02:17:41.280
we're going to show that video.
If you remember, undirect mister Sullivan

2271
02:17:41.280 --> 02:17:45.239
played you like a question and then
there was some courtroom stuff going on.

2272
02:17:45.280 --> 02:17:48.559
I want to show the answer in
part of that video there if we could

2273
02:17:48.559 --> 02:17:50.000
pull that up. I think this
is defense three O two B. Is

2274
02:17:50.040 --> 02:17:54.799
that correct? A video clip?
It's played in open court as follows,

2275
02:17:54.799 --> 02:17:58.799
showing the tape in a way I
will represent to you. Yeah, it

2276
02:17:58.840 --> 02:18:01.680
makes you look like a guy.
I mean, you look well, you

2277
02:18:01.680 --> 02:18:05.520
look physically man, you look good. Well, you know that's part of

2278
02:18:05.520 --> 02:18:09.440
it. Screaming about your big thick
cop that's true. I mean, dude,

2279
02:18:09.760 --> 02:18:13.079
if I was in the tape,
that girl would be like, when

2280
02:18:13.120 --> 02:18:16.120
are you going to put it in? And you come up like a stud.

2281
02:18:16.200 --> 02:18:18.799
Honest to god, are you kidding
of me? Do you think it

2282
02:18:18.879 --> 02:18:22.200
came off that and that tape?
I mean, let's analyze quite honestly,

2283
02:18:22.239 --> 02:18:26.719
you know, honestly, Yeah,
how do you pull Yeah, I've seen

2284
02:18:26.760 --> 02:18:30.280
probably about fifteen seconds of it,
because all right, well I've seen the

2285
02:18:30.360 --> 02:18:33.239
video why so you know it's so
it got me so sick to my stomach,

2286
02:18:33.239 --> 02:18:35.760
in my chest. I thought I
was going to have a heart attack.

2287
02:18:37.000 --> 02:18:39.239
I'm telling you, dude. It
was totally turned my life upside down.

2288
02:18:39.639 --> 02:18:45.280
But do you video clip concluded?
If you could, could you bring

2289
02:18:45.319 --> 02:18:46.399
that back up for me? Please? Just a steal shot so we can

2290
02:18:46.440 --> 02:18:50.120
take a look. It's right there. Have you had a chance in this

2291
02:18:50.159 --> 02:18:52.760
trial. You've seen these tapes,
right, How did your face look?

2292
02:18:52.879 --> 02:18:54.680
How did you feel right there that
day? Well? I was you know

2293
02:18:54.719 --> 02:18:58.680
that day, I was on autopilot
and I was devastated. I was I

2294
02:18:58.719 --> 02:19:01.840
was just overwhelmed in up to New
York with a tape out. It was

2295
02:19:01.879 --> 02:19:05.319
like it was like I was numb. It was almost like it was not

2296
02:19:05.440 --> 02:19:09.920
really happening. You know. It's
just I couldn't get by a moment of

2297
02:19:09.959 --> 02:19:13.079
the day without you know, someone
bringing it up. Were you tired?

2298
02:19:13.200 --> 02:19:16.120
I had to slept. I was
very tired. I want to you can

2299
02:19:16.159 --> 02:19:18.760
take that down now, judge.
I want to shift gears to this book

2300
02:19:18.799 --> 02:19:22.760
they talked about had mister Sullivan asked
you questions about the affair with Christian Plant.

2301
02:19:22.799 --> 02:19:24.920
I think it is at the time
the book was written. Had that

2302
02:19:24.959 --> 02:19:28.280
already been put out in the news? Yes, sir, I think mister

2303
02:19:28.280 --> 02:19:33.719
Sullivan asked you questions about the Inquirer. Had the Inquirer already published a story

2304
02:19:33.719 --> 02:19:35.520
about this? Yes, sir.
Was there anything in your book about Heather

2305
02:19:35.559 --> 02:19:39.559
Clem No, sir, there is
a section of pictures in your book.

2306
02:19:39.559 --> 02:19:41.399
Are there any naked pictures in there? No, sir. Was there a

2307
02:19:41.479 --> 02:19:46.319
DVD inserted in your book showing you
having sex with Christian Plant? No,

2308
02:19:46.399 --> 02:19:48.920
sir, the book was published in
what two thousand and nine? Well,

2309
02:19:48.920 --> 02:19:50.879
I'm not sure you don't remember.
Well, I'm not sure the date.

2310
02:19:52.079 --> 02:19:54.440
I want to talk about something off
the reality show. Mister Sullivan showed you

2311
02:19:54.479 --> 02:19:56.920
a clip. First of all,
let me back up. How many episodes

2312
02:19:56.959 --> 02:19:58.840
did you shoot at that show?
Hogan knows best. You know. There

2313
02:19:58.840 --> 02:20:01.559
were four or five seasons, and
I'm not sure if it was eight or

2314
02:20:01.600 --> 02:20:05.200
ten or maybe twelve episode order it
depending on how much they believed in the

2315
02:20:05.200 --> 02:20:09.440
show. They might have ordered an
extra show depending on how the ratings were.

2316
02:20:09.479 --> 02:20:11.200
So I don't have an exact number. It's four or five seasons,

2317
02:20:11.200 --> 02:20:15.000
a fair number to give the jury. Series. Yeah, yeah, series

2318
02:20:15.040 --> 02:20:18.280
of shows. You know, seasons
made me think yearly, but a season

2319
02:20:18.280 --> 02:20:20.639
can be you know, I got
it. There was more than one.

2320
02:20:20.680 --> 02:20:24.120
It didn't last. A season didn't
last a whole year, right, yes,

2321
02:20:24.159 --> 02:20:26.680
sir, all right, the clip. I want you to explain to

2322
02:20:26.719 --> 02:20:30.079
the jury the dynamic that's at play
on the set of the TV show when

2323
02:20:30.079 --> 02:20:33.159
you're shown there like you were with
a shirt on, but obviously sitting on

2324
02:20:33.200 --> 02:20:35.760
the toilet. Does that idea come
from you or the producer? That's the

2325
02:20:35.840 --> 02:20:37.799
producer, And would it be fair
to say that that idea is no different

2326
02:20:37.840 --> 02:20:41.319
than perhaps on a movie set when
a sex scene is shown, and I

2327
02:20:41.360 --> 02:20:43.879
mean a real movie, like in
the movie movie theater, real movie.

2328
02:20:43.879 --> 02:20:46.920
Okay, yeah, I'm sorry.
Well, you know, recently, I

2329
02:20:46.959 --> 02:20:50.440
just wanted to see a movie and
I don't I can't remember the name of

2330
02:20:50.440 --> 02:20:52.159
it, but it had a friend
of mine, you know, my John

2331
02:20:52.239 --> 02:20:54.079
Cena, and I want to see
the movie because John Scena was in the

2332
02:20:54.120 --> 02:20:56.559
movie. And all of a sudden, in the middle of the movie,

2333
02:20:56.600 --> 02:21:01.120
you know, they got John Cena
on top of a comedian you know Amy

2334
02:21:01.239 --> 02:21:07.040
Schumacher, you know, having having
sex with this woman in the movie,

2335
02:21:07.200 --> 02:21:09.680
and kind of caught me off guard, but I understand it's part of the

2336
02:21:09.719 --> 02:21:11.639
storyline on the plot. You know, he's you know, John's an actor.

2337
02:21:11.680 --> 02:21:15.360
You know, John c is playing
a character in that. So it's

2338
02:21:15.399 --> 02:21:18.399
kind of like the same thing,
if aught the same thing when the producer

2339
02:21:18.440 --> 02:21:20.600
said, oh, you know,
you know, get on sit on the

2340
02:21:20.600 --> 02:21:22.000
toilet, and you know, will
even you know, they even, like

2341
02:21:22.040 --> 02:21:26.360
I said, they put sound effects, add comedy to it, you know,

2342
02:21:26.399 --> 02:21:28.559
so it was part of what they
wanted. You know, I would

2343
02:21:28.600 --> 02:21:31.479
never personally say sit on the toilet
and add noises and bathroom noises. You

2344
02:21:31.479 --> 02:21:35.479
know, that was all their stuff. With all the times you went on

2345
02:21:35.520 --> 02:21:39.559
TMZ and we've seen two or three
different snippets from different interviews to TMZ.

2346
02:21:39.680 --> 02:21:41.559
Ever post the video, No,
sir, they wrote about it, right,

2347
02:21:41.680 --> 02:21:45.760
Yes they did. And you talk
to the jury about the fact that

2348
02:21:45.799 --> 02:21:50.280
you understood that was part of what
you brought into it as a celebrity,

2349
02:21:50.280 --> 02:21:52.760
that you have to suffer those stories, right, Yes, sir, you

2350
02:21:52.799 --> 02:21:54.200
know the writing, you know that's
part of what happens. Yes, sir,

2351
02:21:54.639 --> 02:21:58.719
they put up every sort of a
grainy still. Pardon me, they

2352
02:21:58.760 --> 02:22:01.440
put up a sort of grainy still
picture, did they not? Yes?

2353
02:22:01.440 --> 02:22:03.479
They did. Did you ever sue
TMZ? No? But I had a

2354
02:22:03.479 --> 02:22:05.719
problem with the picture, I you
know, I had my attorney sent a

2355
02:22:05.719 --> 02:22:09.760
season desist and they took it down. Did the attorney? I don't know

2356
02:22:09.799 --> 02:22:11.920
if anybody ever told the jury what
the dirty dot com is? Do you

2357
02:22:11.959 --> 02:22:15.760
know what the dirty dot com is? Well, that's my understanding. It's

2358
02:22:15.760 --> 02:22:18.799
another website like Gawker that puts up
stuff like this. Did the Dirty dot

2359
02:22:18.840 --> 02:22:22.600
Com ever put the video up?
It's the best of my recollection. It

2360
02:22:22.639 --> 02:22:24.680
was the video or the still that
we sent a season desist and they took

2361
02:22:24.719 --> 02:22:28.040
it down. Did you ever sue
the Dirty No, sir, because we

2362
02:22:28.079 --> 02:22:31.799
realized they were pushing the envelope and
they were wrong, you know, and

2363
02:22:31.840 --> 02:22:35.079
it was the wrong thing to do. And as soon as we send the

2364
02:22:35.079 --> 02:22:37.239
season desists, they pulled it down
because they knew they were wrong. Did

2365
02:22:37.280 --> 02:22:41.079
Stern ever put the video up?
No, sir. Did Sway ever put

2366
02:22:41.120 --> 02:22:46.040
the video up? No, sir, you did. Can you tell even

2367
02:22:46.079 --> 02:22:48.719
tell the jury how many different interviews
you did in the media, tour,

2368
02:22:48.879 --> 02:22:52.239
radio or TV? Series filming.
Can you give me a number, Well,

2369
02:22:52.280 --> 02:22:54.399
I can only guess. You know, there was a bunch of them.

2370
02:22:54.600 --> 02:22:56.520
Did any of the media outlets you
talk to during that tour put the

2371
02:22:56.600 --> 02:23:00.360
video up? No, sir,
as we sit here to day, has

2372
02:23:00.360 --> 02:23:03.360
anybody but Gawker put that one minute, forty second highlight reel sex tape up

2373
02:23:03.399 --> 02:23:07.680
online? So that's my knowledge.
Gawker is the only one that would that

2374
02:23:07.760 --> 02:23:11.319
did this. And I'm not including
people that may have linked it off Gawker.

2375
02:23:11.479 --> 02:23:13.239
I'm talking about when it was originally
put up. You know, they're

2376
02:23:13.239 --> 02:23:16.799
the only ones I know that did
it. And we send them a season

2377
02:23:16.840 --> 02:23:18.760
assist too, and they wouldn't take
it down. I have just a few

2378
02:23:18.760 --> 02:23:22.559
more questions. You had a lot
of interplay with mister Sullivan about your deposition.

2379
02:23:22.600 --> 02:23:26.159
Do you remember how many days you
were under oath in your deposition?

2380
02:23:26.319 --> 02:23:28.760
Oh? Man, you know they
called me a couple of times, you

2381
02:23:28.799 --> 02:23:31.239
know, three or four days all
day long. How many volumes of transcript

2382
02:23:31.280 --> 02:23:33.920
is there up there in front of
you? Did you look? Is this

2383
02:23:35.040 --> 02:23:37.319
ours? I think it's the one
that you have been using the whole time.

2384
02:23:37.360 --> 02:23:41.680
You can count the pages, I
says, six volumes whenever that means

2385
02:23:41.879 --> 02:23:45.479
how many pages? Eight hundred and
thirty five pages? Mister Blaya, I

2386
02:23:45.559 --> 02:23:48.840
just have a few more questions.
Did you ever consent to having video and

2387
02:23:48.879 --> 02:23:52.520
audio recording done of you having a
private sex act with Heather Clem in a

2388
02:23:52.559 --> 02:23:56.280
private bedroom at the Clem's house.
Never? Did you ever consent to Gawker

2389
02:23:56.319 --> 02:23:58.680
putting a highlight reel of that who
recorded act on their website Gawker dot com.

2390
02:24:00.040 --> 02:24:01.719
Sir? Did you ever consent to
gawk or using your image, your

2391
02:24:01.799 --> 02:24:05.719
likeness in any way, shape or
form for any purpose on their website?

2392
02:24:05.040 --> 02:24:09.719
No, sir, A moment to
confer judge. Yes, I don't have

2393
02:24:09.760 --> 02:24:11.879
anything else. Thank you, Hey, you very much, Thank you,

2394
02:24:11.920 --> 02:24:15.879
mister Belaya. Do any of our
jurors have questions? Could you please write

2395
02:24:15.920 --> 02:24:20.200
them down? Do attorneys want to
come forward? Yes, mister Turkle at

2396
02:24:20.239 --> 02:24:24.079
the bench? Okay? Can I
okay? I have two mikes of you.

2397
02:24:24.600 --> 02:24:28.639
I don't know if you will know
the answer to that question. I

2398
02:24:28.680 --> 02:24:33.000
think there is no dispute about the
fact that we could stipulate. Probably a

2399
02:24:33.120 --> 02:24:37.280
stip to me would be March in
April to October. The stills are April

2400
02:24:37.760 --> 02:24:45.040
April steals April. Yeah, it
will come out and the video up to

2401
02:24:45.159 --> 02:24:50.040
twenty twelve, okay, in the
video to October. Yeah, okay,

2402
02:24:50.879 --> 02:24:56.000
here's the last one. I don't
think anybody knows a Burton. Do anybody

2403
02:24:56.040 --> 02:24:58.000
do one on Burton to Tony Burton
Getty. I think that there is a

2404
02:24:58.000 --> 02:25:03.840
deposition that talks about that. Yeah, he doesn't know. Okay, he

2405
02:25:03.879 --> 02:25:07.479
wouldn't know that. He wouldn't know
from any competent evidence. He wouldn't know

2406
02:25:07.520 --> 02:25:11.559
that. He would know as being
a litigant and what he has heard in

2407
02:25:11.559 --> 02:25:13.799
this case. But I don't think
that's a question on that. No,

2408
02:25:13.639 --> 02:25:18.079
Okay, he can't answer that question. Yeah, boy, oh boy,

2409
02:25:18.280 --> 02:25:22.360
I wish we could. Why don't
you get your appellate lawyer up here to

2410
02:25:22.360 --> 02:25:26.479
talk about it again? We will
keep that one. That's sort of why

2411
02:25:26.479 --> 02:25:31.000
I was not allowing the question about
what was the original complaint? Well,

2412
02:25:31.239 --> 02:25:35.040
we need to that's different things.
That's fine. I don't know how to

2413
02:25:35.079 --> 02:25:37.600
handle any of those. I think
some of them, other than the first

2414
02:25:37.639 --> 02:25:39.639
one, the first one, he
may be able to answer the rest of

2415
02:25:39.680 --> 02:25:45.079
them. I'll just give him the
stipulated answer. Yeah to the first one.

2416
02:25:45.159 --> 02:25:46.280
Yeah, to the first one and
to the other ones, it's not

2417
02:25:46.319 --> 02:25:50.719
for this witness the other one.
I think you could say some of these

2418
02:25:50.719 --> 02:25:54.319
other questions. There will be subsequent
evidence that will okay, Yeah, and

2419
02:25:54.319 --> 02:25:56.479
while we're up here, Judge,
we're going to play Jules Workman's deposition next.

2420
02:25:56.479 --> 02:25:58.760
And there's just a couple of objections
to resolve, so I don't know

2421
02:26:00.079 --> 02:26:01.920
if you want to have them to
tell them. We're going to take a

2422
02:26:01.920 --> 02:26:05.200
break, quick break, ten minute
break, okay, to set the video

2423
02:26:05.280 --> 02:26:09.239
up. That's good, thank you, an open chord. All right.

2424
02:26:11.319 --> 02:26:13.159
The first question, I have a
question about the timeline. How much time

2425
02:26:13.280 --> 02:26:18.040
is between the still photos shown and
the video posted by Gawka. The parties

2426
02:26:18.040 --> 02:26:20.000
have stipulated that the still photographs were
in April of two and twelve, the

2427
02:26:20.079 --> 02:26:24.479
video was October twenty twelve. There
was some additional questions, but those questions

2428
02:26:24.479 --> 02:26:28.399
are for this witness. You will
have to wait until later in the trial.

2429
02:26:28.559 --> 02:26:33.840
Any other questions, all right,
Thank you very much, mister Balaiah.

2430
02:26:35.639 --> 02:27:09.840
You can take your seat. Brother. One two for only foming in

2431
02:27:09.920 --> 02:28:07.159
the go down. One two for
one forming in the flock down. The

2432
02:28:07.280 --> 02:28:18.879
video was posted sass go yes Hogan
telling us he was overcome with emotion when

2433
02:28:18.879 --> 02:28:24.639
he realized that day one I think
there is this a seating leading announce laser

2434
02:28:24.719 --> 02:28:28.479
production of the LAPS Entertainment Group.
Its content is intended for private use only.

2435
02:28:28.680 --> 02:28:31.559
Turtle as Penis is not ten inches
like you're trying to say.