WEBVTT

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In the Cerpt of Court of the
Sixth Judicial Circuit in and four Penella's County,

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Florida Civil Division. Terry Jean Bola, professionally known as Hulk Hogan,

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plaintiff versus Gawker Media LLLC at All
Defendants. Excerpt from trial proceedings before the

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Honorable Penella A. M. Campbell
and A. Jordy Testimony of Terry Bolena,

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March seventh, twenty sixteen, Penella's
County Courthouse. The following is an

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excerpt from the proceedings. Oh,
would you like to call as your next

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witness? Yes, Judge, the
plaintiff will call Terry Balaya to the witness

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stand. Okay, r. The
Plaintiff's witness herein being first duly sworn on

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oath, was questioned and testified as
follows. May I inquired, Judge,

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Yes, direct examination by mister Turkle. Could you please introduce yourself to the

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jury. My name is Terry Jean
Balaia. I was born in Augusta,

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Georgia, August eleven, nineteen fifty
three. Mister Balai, Are you married,

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yes, sir. What's your wife's
name, Jennifer? And do you

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have children? Yes, sir?
And could you tell the jury who your

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children are. My son Nick Allen
Balai is twenty five years old, and

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Brooke Ellen Balaya is twenty seven years
old. I have two kids now for

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her career or living. Brooke is
a songwriter in Nashville. Nick got a

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degree in mastering mixing with sound,
so he works between LA and Miami mixing

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and recording. You mentioned, I'm
sorry, he's also a DJ sometimes.

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Okay. You mentioned that you were
born in Augusta, Georgia. Where did

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you grow up? Port Tampa,
Florida, south of Gandy? How old

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were you when you moved here?
I was a baby, you know,

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four or five months old. For
the jury, if you could taking it

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from sort of the Gandy Bridge and
then Tampa, could you tell them where

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Port Tampa is? Excuse me?
Sure? Could you do? Could you

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describe for the jury using Gandy perhaps
as a reference where Port Tampa is.

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Well, Gandy runs east and west
from Clearwater to Hillsborough County, and south

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of Gandy Boulevard is known as Port
Tampa. What kind of area is that?

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Well, you know when I grew
up there, it was low income

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and just everyday people there. Did
you have any siblings? Brother, sisters.

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Yes, I did. He passed
away and was it a brother,

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Yes, sir. What was his
name, Alan Balaya? Were you close

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with him growing up? Yes,
sir. What did your dad do for

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a living? He was a pipe
fitter. He dugged the huge ditches for

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the storm drainage, like for malls
and stuff like that. I'm going to

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talk a little bit about your youth. What was it like growing up down

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in Port Tampa. I thought it
was good, you know, I mean

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we kind of got to run around, you know, and how to be

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home when the street lights came on. Just normal childhood. Just played a

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lot of baseball and just the normal
kids stuff. You mentioned baseball. I

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mean, were you very athletic growing
up? I wasn't really athletic. I

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was very fat when I was growing
up and a heavy child. But I

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did play baseball and I played third
base and pitch and I was really good

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at that. And when I played
little league baseball, you know, the

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big joke was I couldn't you know, if I hit the ball in the

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center field, you know, I
couldn't get to second base because if I

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tried, you know, go around
second base, I wasn't fast enough to

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make it, you know, to
second base. But as I got older,

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I kind of like lost some of
the weight and I got better at

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running. So that was the main
part, you know. I played a

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little bit of football, but that
was about it. How good were you

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in baseball? I got to be
pretty good, you know, by the

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time I hit high school. I
played Little League in Pony League, in

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Babe Ruth League, you know,
and they said I had a good arm,

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and I was doing very well in
baseball and had some scouts from the

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Yankees and Cincinnati and the Cincinnati Red's
looking at me in tenth grade until I

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broke my arm. Where did you
go to high school? At Robinson High

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School that dead in Port Tampa.
Yes, sir, I think mister Vote

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may have mentioned in an opening,
but I want to talk to you to

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the jury about it. You said
you were heavy when you were a kid,

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but how big were you when you
were twelve years old? Well,

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well, when I was eleven years
old, I made the Little League All

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Star team and interbayed Little League Little
League in South Tampa by the Air Force

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Base. I weighed one hundred and
ninety six pounds and I was eleven years

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old, and I was about six
feet tall, but it wasn't distributed very

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well. I ate a lot of
junk growing up. Did you have any

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interest other than sports growing up?
Yes, sir. You know, my

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father bought me a guitar when I
was eleven years old, and I love

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to play the guitar. Did you
play the guitar through your teen years,

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yes, sir, I did about
through your young adult years, yes,

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sir. I want to talk a
little bit more about the music, because

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in a time in your life,
were you actually considering maybe being a professional

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musician. Well, you know,
we played about for ten years, you

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know, and went from playing birthday
parties in high school dances to where we

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got you to where we could play
good enough and to not play the clubs

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and stuff. And then there did
come a point in my early twenties where

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there was an opportunity to go on
the road and open up for a national

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act, and a couple of the
guys well actually one guy was married,

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another guy had a girlfriend and they
both had kids and they didn't want to

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leave. So that pretty much put
an end to it for me because I

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didn't want to keep playing in the
local clubs over and over. I thought

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maybe we had a chance to go
on and no one wanted to go.

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What did you do after high school? Oh, my gosh, Well,

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I spent about two and a half
three years going to HCC at h Hillsboro

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Community College and didn't get a degree
there. But right before I got an

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AA degree, I went to the
University of South Florida and majored in finance

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and management and a minor in music. Did you finish college ride? Did

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not? Had anybody in your family
ever been to college before you started at

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HCC. Did you want for anything
growing up? What was your youth like?

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In your house? Excuse me as
a child, I mean, how

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big was your house? It was
a small house, it was. It

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was a small wooden frame house,
about half the size of this room.

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And my brother and I were big
kids, so we couldn't really put We

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had one room, so we couldn't
put a bed in there on que beds,

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I mean, and we had to
kind of sleep from one corner to

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corner with our feet because the room
was really small. Did you did you

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have any other sort of jobs before
before you became before you became a wrestler,

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or what else did you do?
I mean, we talked a little

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bit about baseball. We have talked
about college. For a little musician,

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what else did you do for a
living before he became a professional wrestler.

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Well before I became a wrestler,
my main focus was music, and the

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bands would break up and they'd start
over. So I was probably in seven

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or eight different bands throughout the years. But after the first couple of bands,

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I had a friend of mine who
played in a band that was in

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the Labors Union. So when the
band broke up, he took me down

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there and I got in the Labors
Union. And so when you go to

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the Labors Union, you would get
you sit there in the room with a

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bunch of men like this, and
you'd get a ticket to go poor concrete

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or go work with a construction woodworker
or a metalworker or steel worker. So

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I did that off and on and
in between bands. I'd also got lucky

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enough to get a request to go
to work on the docks to work with

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a longshoreman, and I I got
really good at loading the ships to where

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I finally ended up on top of
the ship working with a stevedore. So

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all that went on, and all
those odd jobs went in between different bands

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and different music before I became a
wrestler. Was that after college. During

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college, I was mainly in between
and after college both because I love the

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music so much. Sometimes I would
have a chance to go play in a

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band and I would quit, like
I actually quit college for a short amount

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of time to go play in a
band or go on the road. So

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when the band would break up and
it wouldn't be time for college, you

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know, so I'd have to go
to the Union Hall to get a ticket

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to go work somewhere so I could
keep making a living in between bands.

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What led to professional wrestling? Oh? I loved it. You know.

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My father took me to the My
father took me to the wrestling matches on

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Army Armenia Howard at the Armory the
Armory Usser on Howard Avenue in Tampa when

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I was about nine years old,
And the first time I saw it,

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I I just fell in love with
it and it was just so addictive to

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me. I was always a wrestling
fan. I'm sorry if you had a

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question. My question was what led
you to professional wrestling? So? Oh

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that led me to just becoming a
fan and then growing up and then finally

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I got an opportunity. How did
you get your first opportunity to get into

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professional wrestling? You know, I
would kind of chase the wrestlers. I

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will kind of chase the wrestlers around
because we didn't have any It didn't have

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a football team or a baseball team
or anything. So baseball was I mean,

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wrestling was the it sport for all
the kids. And so we kind

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of would chase them around and found
out where they would eat lunch or at

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or would go sit there and watch
the meat lunch. And then during the

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week they would take the TV show
off Kennedy Boulevard, and so would kind

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of like chase them around there.
And I just started working out. You

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know, I didn't realize I was
not in good, you know, great

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shape yet. So I'd stand there
and try to look as big as I

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could, and I kept asking and
asking and asking who to talk to.

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And I think I drove them crazy
enough to where they finally had gave me

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an opportunity to get in the ring. And I didn't know at the time

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they were just trying to get rid
of me. So the first day I

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got in the ring, they took
me in there and they exercised me with

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a bunch of exercises I wasn't used
to, and then when I got in

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the ring with them, they broke
my leg the first day, and that

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really upset my dad. You know, we're really bad because he didn't know

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what I was up to. And
then once I got better, I went

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back and made a decision no one
was going to hurt me again, and

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that kind of led me to stick
in with it and spent it about two

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years learning how to wrestle before I
had my first real chance to wrestle a

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match. I want to go back
to something you said, this is around

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what time is it mid seventies,
yes, sir, or early mid seventy

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about seventy five seventy six. And
at that time down here, we didn't

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have any professional sports, right,
No, sir, we did not explain

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the wrestling industry at that time to
the jury. Give me give them an

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idea maybe of how different it is
now compared to what it was back then

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when you broke into it. Well, you know, it was very different

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now because nowadays you get paid to
train, and they've got performance centers and

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different wrestling schools you can go to, you know, and I try to

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explain to people. I say,
nowadays you can get a pair of boots

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from Santa Claus and then you can
go to a wrestling school and get paid

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to wrestle, you know. Back
you know, but back on the day

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when I was wrestling, there weren't
very many wrestlers. So if you were

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to walk in the locker room like
HI did the first time, you know,

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if there were six men in there, you had to take somebody's job

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away from them, or be better
than them to take their spot to get

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into the wrestling business. And there
was no wrestlings fake or wrestlings a show.

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You know, you didn't have you
didn't even say those words because they'd

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punched you right in the face because
they weren't. You know, there weren't

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any lawyers, so no lawsuits or
none of that stuff. There weren't any

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lawyers, so no lawsuits or none
of that stuff. So it was a

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different environment back then. It was
a very aggressive and you know, they

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were very protected with the so called
fake wrestling word. A lot of people

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used what's the was there a word
they used for that back then? The

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sort of the way they kept everyone
in that disguise that it was real all

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the time. Well, you know, there was a general word called kayfabe

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brother, which means if you and
I were talking about wrestling or something and

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someone was to walk up, would
go kayfabe quit talking about it, you

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know, And that was the general
theme that you protected the business. And

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you know if someone said it was
fake or someone said it was a show,

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that was a reason back then to
become aggressive and put them in their

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place. And it was so portrayed
as a legitimate sport at that time,

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right, yes, there it was. You had mentioned the training and getting

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your leg broken. You kept using
the word they who was your initial coach

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or trainer or mentor in this sport. You know. There was a Japanese

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wrestler named Kiro Matsuda that was very
very hardcore, and they put me with

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him, and he's the guy that
broke my leg the first day. And

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the funny part of the story is
we became good friends. I sat out

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and I came back, you know, and then later on in my career,

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we actually actually came with me to
Japan because I spent many many years

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in Japan wrestling. He actually came
to Japan with me as my mentor he

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was very proud of me then,
whether it was then or we're going to

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talk about how your career progressed into
more of the product that's out there today.

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But as the sport hard on your
body, yes, sir, it's

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one of the things I try to
explain to people. You know, the

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word fake doesn't really describe it.
It is predetermined. We know who is

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going to win or lose. But
like my instance, it's very physical.

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And in the twenty five plus years
I wrestled, I've had two ning replacements,

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two hit replacements, nine back surgeries, vision in my eye in all

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kinds of surgeries, and I have
even have teeth marks on my fingers from

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people biting me and just crazy stuff. So it's very physical, or it

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was physical then, it was very
physical now. But the equipment is much

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better with ring as much safer.
There's not holes or bombs or anything,

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you know, so there's a much
better chance, you know, much surviving

208
00:15:03.679 --> 00:15:07.360
in there. You know, but
even even the young kids still get hurt

209
00:15:07.360 --> 00:15:11.279
all the time in there. So
we're up to a point where you maybe

210
00:15:11.279 --> 00:15:13.799
break in and have your first professional
matches. Was there a time that came

211
00:15:13.840 --> 00:15:16.600
when you actually started wrestling for money, Yes, sir, there was.

212
00:15:18.039 --> 00:15:20.360
Could you tell the jury how that
started for you, the early early days

213
00:15:20.399 --> 00:15:22.879
of your career and what that was
like. Well, you know, when

214
00:15:22.879 --> 00:15:26.840
I first started wrestling, you know, I wrestled in it was called a

215
00:15:26.000 --> 00:15:31.080
territory. It was Florida Championship Wrestling. It wasn't the big WWE as we

216
00:15:31.159 --> 00:15:35.679
know him now. And I would
go from like Tampa to Miami and drive,

217
00:15:35.840 --> 00:15:39.240
or Tampa to Tallahassee and drive,
or would actually wrestle in Tampa,

218
00:15:39.360 --> 00:15:43.519
and I pretty much made twenty or
twenty five dollars a night, which you

219
00:15:43.519 --> 00:15:46.200
know, by the time you paid
for gas and ate something and stuff.

220
00:15:46.360 --> 00:15:48.360
It wasn't you know, it wasn't
even back then, it wasn't enough money.

221
00:15:48.799 --> 00:15:52.919
And give us let's try and help
the jury a little bit time wise.

222
00:15:52.279 --> 00:15:54.799
When are we talking about. We're
in the seventies obviously, right,

223
00:15:54.879 --> 00:15:58.960
Yes, sir, Ye, best
of my recollection late seventy six seventy seven

224
00:15:58.039 --> 00:16:03.240
is when I was just starting out
in this area. Did you keep it

225
00:16:03.320 --> 00:16:06.679
up? Did you ever quit once
you started, yes, sir getting paid?

226
00:16:06.799 --> 00:16:08.799
Yes, sir, I did quit
a couple of times. And why

227
00:16:08.840 --> 00:16:11.080
did you do that? Well,
I just couldn't make enough money to eat

228
00:16:11.159 --> 00:16:15.519
or live. What did you do
in the periods of time where you stop

229
00:16:15.559 --> 00:16:19.159
wrestling, whence you had actually started
professionally. What did you get within those

230
00:16:19.200 --> 00:16:22.320
times that you quit? Did you
have other jobs? Yes, sir,

231
00:16:22.480 --> 00:16:26.840
you know, I pretty much go
back to the docks or go to the

232
00:16:26.960 --> 00:16:30.120
union hall and get a ticket to
go to work and construction somewhere. Did

233
00:16:30.159 --> 00:16:33.879
there come a time when you were
actually able to make enough money to at

234
00:16:33.960 --> 00:16:36.919
least live on as a professional wrestler, you know, before I got kind

235
00:16:36.919 --> 00:16:40.440
of resourceful. I went back to
wrestling after I started here in Florida.

236
00:16:40.480 --> 00:16:42.440
And when I went back to wrestling, I went up to the Alabama area,

237
00:16:42.480 --> 00:16:45.080
and it took a while. In
the first two years, I slept

238
00:16:45.080 --> 00:16:48.320
in my car, and it was, you know, it was a pretty

239
00:16:48.360 --> 00:16:52.600
good test. It was kind of
like you gave me a foundation to appreciate

240
00:16:52.679 --> 00:16:56.159
things, you know, and really
get things in perspective. So I didn't

241
00:16:56.159 --> 00:16:59.879
take things for granted, and I
actually became kind of like a chief skate.

242
00:17:00.320 --> 00:17:02.639
After about the first year, I
kind of, you know, like

243
00:17:03.200 --> 00:17:06.799
had enough money to get an apartment, but I realized I was saving money,

244
00:17:07.000 --> 00:17:08.880
so I kind of stayed in my
car, but I finally rented an

245
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apartment. And how long did this
You said you were in the Alabama.

246
00:17:12.759 --> 00:17:17.720
How long did that last for?
Oh Man? I lost probably six eight

247
00:17:17.920 --> 00:17:19.559
six to eight months. Where did
you go after that? Well? I

248
00:17:19.559 --> 00:17:22.119
had to quit again because you know, they were done with me, and

249
00:17:22.160 --> 00:17:26.720
I don't have anywhere to go.
So and when you're doing wrestling in an

250
00:17:26.720 --> 00:17:29.759
area or territory, you need to
have another job lined up. And I

251
00:17:29.799 --> 00:17:33.079
wasn't skilled enough to have another job
lined up. So I came back to

252
00:17:33.079 --> 00:17:36.200
Florida for just a couple of months, and then I got rehired again in

253
00:17:36.200 --> 00:17:38.880
Memphis, Tennessee. When you say
another job lined up, you mean a

254
00:17:38.880 --> 00:17:44.119
wrestling job, yes, sir,
another wrestling territory to go to continue wrestling,

255
00:17:44.480 --> 00:17:47.160
all right? And when you came
back to Tampa, did you go

256
00:17:47.200 --> 00:17:49.119
to work on the docks again?
I don't recall that time if I did

257
00:17:49.200 --> 00:17:52.079
or did not. You went to
Tennessee next? Is that what you just

258
00:17:52.119 --> 00:17:56.000
said? Yes, sir? Where
did you go in Tennessee? Well?

259
00:17:56.039 --> 00:17:59.559
I drove to Hendersonville, Tennessee.
You met the promoter, Jerry Jarrett,

260
00:17:59.599 --> 00:18:02.519
and he hired me, and he
gave me an eight hundred dollars a week

261
00:18:02.559 --> 00:18:06.480
guarantee, and he bought me a
car because I was driving about twenty five

262
00:18:06.599 --> 00:18:10.559
hundred to three thousand miles a week
going from Memphis to Evansville, Evansville to

263
00:18:10.640 --> 00:18:15.359
Louisville, Louisville back to Tupelow,
Mississippi, Birmingham, Alabama. It was

264
00:18:15.400 --> 00:18:18.079
just crazy. So I had six
guys in the car and we were trading

265
00:18:18.119 --> 00:18:22.720
off driving and some nights would wrestle, get in the car and drive all

266
00:18:22.839 --> 00:18:26.720
night long to where you're going and
barely had time to work out and wrestle

267
00:18:26.759 --> 00:18:30.880
again. So it was pretty good
test about this time. Are we talking

268
00:18:30.960 --> 00:18:33.640
late seventies, Yes, sir?
What was your next step after Memphis?

269
00:18:33.680 --> 00:18:38.119
Was your next step after Memphis to
what's now known as the WWE or were

270
00:18:38.119 --> 00:18:41.480
you somewhere after Memphis before that?
Yes, sir. I was getting ready

271
00:18:41.480 --> 00:18:44.960
to quit again and go back to
the docks. And I got a call

272
00:18:45.039 --> 00:18:48.400
from vinciic Mann, Senior, and
he had heard I was in pretty good

273
00:18:48.400 --> 00:18:52.240
shape and was getting good response around
the Memphis area, and he asked me

274
00:18:52.279 --> 00:18:55.240
to come up to New York for
an audition. Let's take a couple things

275
00:18:55.319 --> 00:18:56.759
I want to follow up. One, when you talk about this idea of

276
00:18:56.839 --> 00:19:00.480
driving around in the car from Louisville, Birmingham, wherever. That wasn't just

277
00:19:00.559 --> 00:19:03.680
your life, that was a wrestler's
life. I take it. Oh,

278
00:19:03.799 --> 00:19:07.000
yeah, that's what you did.
You drove. I mean some guys had

279
00:19:07.000 --> 00:19:10.279
a worse than others, especially if
you had like a championship belt. You

280
00:19:10.319 --> 00:19:12.519
know, sometimes they even ask you
to go farther to other areas, you

281
00:19:12.559 --> 00:19:18.079
know, other territories, to wrestle
one night and come back. So no

282
00:19:18.200 --> 00:19:22.000
one, no one that I knew
of flew at that time. What was

283
00:19:22.039 --> 00:19:25.240
your name, your professional name back
then? What were you wrestling under?

284
00:19:25.440 --> 00:19:30.200
Well, I was started as the
Super Destroyer, and then I went to

285
00:19:30.400 --> 00:19:33.680
Terry Boulder, and then somebody,
a promoter Atlanta changed my name to Sterling

286
00:19:33.799 --> 00:19:38.839
Golden, and then I changed it
back, you know, myself, back

287
00:19:38.880 --> 00:19:42.200
to Terry the Hulk Boulder, and
then I when I got to New York.

288
00:19:42.359 --> 00:19:45.680
Then it's like Man said, he
liked the name Hulk, but he

289
00:19:45.759 --> 00:19:48.119
put Hogan at the end of it
because he had a territory in New York

290
00:19:48.359 --> 00:19:52.160
that all the wrestlers were ethnic based, like Chief Jay Strongbow was a Native

291
00:19:52.200 --> 00:19:56.119
Americans, you know, Bruno sam
Martino was for the Italian Americans, and

292
00:19:56.200 --> 00:20:00.519
he wanted me to be Irish like
Hulk Hogan, an Irish wrestler. And

293
00:20:00.640 --> 00:20:04.240
for the jury's benefit, this would
have been. Were we in the eighties

294
00:20:04.319 --> 00:20:07.400
yet? No, when you officially
got that professional name, No, sir,

295
00:20:07.400 --> 00:20:11.480
we weren't. It was about seventy
mid seventy eight, seventy nine.

296
00:20:11.119 --> 00:20:15.480
Where did the at the time,
it's what's it's what's known on the WWE.

297
00:20:15.559 --> 00:20:18.519
But back then, what was it
called? It was? Well,

298
00:20:18.559 --> 00:20:22.880
when I first went there, it
was it was called World Worldwide Wrestling Federation.

299
00:20:23.160 --> 00:20:26.960
Then it changed right away to the
World to World Wrestling Federation WWF.

300
00:20:27.319 --> 00:20:33.000
Where did they build the character as
Hulk Cogan coming from Venice Beach, California.

301
00:20:33.200 --> 00:20:36.160
Were you born in Venice Beach?
No, sir, Did you grow

302
00:20:36.200 --> 00:20:38.480
up in Venice Beach? No,
sir. The move to ww wel let's

303
00:20:38.480 --> 00:20:41.960
call it. I'm going to call
it ww just for everybody's benefit unless I'm

304
00:20:42.000 --> 00:20:47.319
not going to be calling it WWWF
right Ryan, So we're on the same

305
00:20:47.319 --> 00:20:49.599
page, right, yes, sir? All right? So the move to

306
00:20:49.680 --> 00:20:52.720
ww at that time, was that
a big move for your career, I

307
00:20:52.839 --> 00:20:57.039
was huge because ww was known as
a Madison Square garden area, like where

308
00:20:57.039 --> 00:21:00.680
the you know, they said,
this is where the big men wrestle.

309
00:21:03.640 --> 00:21:06.880
So a lot of the guys that
I wrestled back in that time were a

310
00:21:06.880 --> 00:21:10.279
lot bigger than me. Even though
I was around three hundred pounds, I

311
00:21:10.400 --> 00:21:12.759
was considered a medium sized wrestler back
then. You know, back then the

312
00:21:12.759 --> 00:21:17.160
wrestlers were much larger, with big
arms and big bellies. You know,

313
00:21:17.200 --> 00:21:21.000
they may look like wrestlers. Did
your career reach a sort of new level

314
00:21:21.119 --> 00:21:23.279
or let's take it this way.
Did that character, that Hulk Hogan character,

315
00:21:23.599 --> 00:21:26.599
take you to a new level of
popularity as a wrestler? Yes?

316
00:21:26.680 --> 00:21:30.720
Or did Can you explain to the
jury sort of this point in your career

317
00:21:30.880 --> 00:21:34.160
where you're in the WWE and this
character starts to gain some popularity. Oh.

318
00:21:34.200 --> 00:21:37.839
You know, when I was in
the WWE, it was much different

319
00:21:37.960 --> 00:21:41.720
than the other areas on wrestled because
I was usually wrestling in high schools or

320
00:21:41.799 --> 00:21:45.640
VFW buildings and stuff like that,
and when I went to the WWE,

321
00:21:45.680 --> 00:21:48.839
it was the large arenas and it
became like the Philadelphia's Spectrum or the Madison

322
00:21:48.839 --> 00:21:52.599
Square Garden or the Boston Garden,
So it was day and night from where

323
00:21:52.599 --> 00:21:56.720
I'd been before. Or you're wrestling
as a good guy or a bad guy?

324
00:21:56.880 --> 00:21:59.359
I saw it out as a bad
guy. There. Could you tell

325
00:21:59.359 --> 00:22:02.720
the jury in this industry because it
may be thrown around in this trial.

326
00:22:03.079 --> 00:22:06.680
What they called bad guys in the
territory. Well in the industry, well,

327
00:22:06.799 --> 00:22:11.119
bad guys are called heels and good
guys are called baby faces. Did

328
00:22:11.160 --> 00:22:12.680
you at some point become a good
guy a baby face? Yes? Or

329
00:22:12.759 --> 00:22:17.559
I did? And at that time, how was the reception you were getting

330
00:22:17.559 --> 00:22:21.519
in these bigger auditoriums as a bad
guy, as a bad guy? How

331
00:22:21.519 --> 00:22:25.240
about let's do this. Why don't
you tell the jury when you changed to

332
00:22:25.359 --> 00:22:27.400
a good guy? And why?
Well? I wrestled for the WWE from

333
00:22:27.440 --> 00:22:30.640
a seventy eighties to rout about nineteen
eighty, and then I got a call

334
00:22:30.720 --> 00:22:34.119
to do a movie by Sylvestor Stallan, the Rocky three movie. And when

335
00:22:34.119 --> 00:22:37.960
I told Vince mc mann Senior about
it, he said, you're a wrestler,

336
00:22:37.960 --> 00:22:40.680
You're not an actor. You know, that was the mentality back then.

337
00:22:40.799 --> 00:22:41.920
He says, if you do the
movie, you'll never work here again.

338
00:22:42.279 --> 00:22:45.039
So I went and did the movie
and he fired me for doing the

339
00:22:45.119 --> 00:22:48.119
Rocky three movie. So after that, I went back to Japan, where

340
00:22:48.119 --> 00:22:52.079
I'd been wrestling part time, and
I got a call from a promoter,

341
00:22:52.400 --> 00:22:56.000
a guy named Verne Gagney up in
Minnesota, Minneapolis, Minnesota. And when

342
00:22:56.039 --> 00:22:59.160
he brought me in, I was
supposed to be a bad guy. I

343
00:22:59.200 --> 00:23:03.079
was supposed to wrestle well another wrestler
named Jesse Ventura, and the moment I

344
00:23:03.200 --> 00:23:04.880
got in the ring with him,
even though how was this evil wrestler,

345
00:23:06.200 --> 00:23:08.799
all the people cheered for me,
and the fans kind of predicted who I

346
00:23:10.039 --> 00:23:12.720
was, and we just went with
it because it worked. You talked about

347
00:23:12.759 --> 00:23:15.920
Rocky three. Did that change your
career? Yes? Or it did because

348
00:23:15.960 --> 00:23:19.720
everybody thoughts of us. Slone was
a seven hundred foot tall monster in the

349
00:23:19.720 --> 00:23:23.160
eyes of the public, and then
he saw me and they were They saw

350
00:23:23.200 --> 00:23:26.400
me standing next us alone, they
went, oh, my gosh, it

351
00:23:26.440 --> 00:23:29.640
was out there. What a wrestler
is? I mean, so immediately I

352
00:23:29.640 --> 00:23:33.000
could tell in public that the movie
had made an impact. You know,

353
00:23:33.079 --> 00:23:36.359
I was not recognized before at all, and all of a sudden, you

354
00:23:36.400 --> 00:23:38.319
know, most of the people knew
me from Oh, that's the guy from

355
00:23:38.319 --> 00:23:41.880
the Rocky movie. They didn't know
who I was, you know, they

356
00:23:41.920 --> 00:23:45.160
didn't know I was a real wrestler. What was the name of the character

357
00:23:45.200 --> 00:23:48.000
you played in Rocky three? Thunderlips
and taking it back to where you were

358
00:23:48.039 --> 00:23:52.640
just telling the jury a little more
about your story. When that was done,

359
00:23:52.880 --> 00:23:55.279
you still had to go back to
wrestling. I take it. Oh,

360
00:23:55.400 --> 00:23:59.440
yes, sir. That movie only
took ten days of film. That

361
00:23:59.559 --> 00:24:04.519
movie only took ten days of film. You went to Japan, you came

362
00:24:04.559 --> 00:24:08.599
back. You were wrestling this man
verne Ganya. Was that a different organization

363
00:24:08.599 --> 00:24:14.680
than WWE, Yes, sir.
It was called the AWA American Wrestling Association.

364
00:24:14.960 --> 00:24:18.160
It was based in Minnesota, but
it went through all through Canada and

365
00:24:18.200 --> 00:24:22.240
sometimes would go to Chicago, and
then we mainly drove. But when we

366
00:24:22.279 --> 00:24:25.440
went to from Minneapolis to Chicago,
we actually flew. So that was the

367
00:24:25.519 --> 00:24:27.559
first time we got to fly on
a plane. Did you eventually get back

368
00:24:27.559 --> 00:24:30.359
to WWE, Yes, sir,
I did. Could you tell the jury

369
00:24:30.359 --> 00:24:33.720
when that happened? And why?
Well, you know, out of wrestled

370
00:24:33.680 --> 00:24:37.240
in Minnesota for about three years and
I kind of figured out how to be

371
00:24:37.279 --> 00:24:40.920
the Hull Coogan character, the good
guy with the shaking and just the whole

372
00:24:41.039 --> 00:24:44.160
voice say hey, brother, let
me tell you something, dude. I

373
00:24:44.279 --> 00:24:48.000
figured all that stuff out. And
so we had this great group of wrestlers

374
00:24:48.000 --> 00:24:51.160
in Minnesota, and we planned a
gun going to New York and going into

375
00:24:51.160 --> 00:24:53.920
the area in the w W area, and the promoter of Verne Gagney,

376
00:24:55.119 --> 00:24:57.440
you know, bought TV time on
Channel nine in New York and all up

377
00:24:57.440 --> 00:25:00.319
and down the East coast, and
the word was out that we were coming

378
00:25:00.359 --> 00:25:06.279
with this whole really good wrestling crew. And Vins McMahon junior you called me

379
00:25:06.359 --> 00:25:08.400
up and said he wanted to talk. So he flew up to Minnesota,

380
00:25:08.599 --> 00:25:11.960
came to my home and we talked
for five or six hours and we shook

381
00:25:12.000 --> 00:25:15.200
hands. And then the next day
I left Minnesota and went back to the

382
00:25:15.319 --> 00:25:19.200
WWE, where they said they would
never ever hired me again. But Vinis

383
00:25:19.279 --> 00:25:23.119
Junior taken over for his father and
he wanted to come back and be the

384
00:25:23.160 --> 00:25:27.279
good guy there. So the jurors
may remember the earlier some may remember some

385
00:25:27.400 --> 00:25:30.759
of the very sort of prominent years
in your career. Was there an event

386
00:25:32.160 --> 00:25:34.400
when you went back to WWE that
started you on a completely different level of

387
00:25:34.440 --> 00:25:37.759
popularity as a wrestler. Oh yes, sir, can you tell the jurors

388
00:25:37.759 --> 00:25:41.279
what event or events were for that
matter? Well, you know, when

389
00:25:41.279 --> 00:25:45.519
I went back, it started out
that this horrible character named the Iron Cheek

390
00:25:45.720 --> 00:25:49.559
who was a wrestling character. But
the man who was of the wrestling character

391
00:25:49.640 --> 00:25:52.240
the Iron Cheek was the real deal. You know. He was actually the

392
00:25:52.240 --> 00:25:56.839
Shaw of Iran's bodyguard and he was
in the AAU. He was a national

393
00:25:56.920 --> 00:26:00.720
champion, and he was a real
wrestler, but he just happened to use

394
00:26:00.759 --> 00:26:04.759
the character the Iron Cheek. So
he was the real deal. And when

395
00:26:04.759 --> 00:26:08.640
I came back, the political environment
was the United States was having a lot

396
00:26:08.680 --> 00:26:12.039
of trouble with Iran at the time
in politics, so it was a perfect

397
00:26:12.079 --> 00:26:15.480
storm. Hulk Hogan came back as
a good guy. You know. The

398
00:26:15.519 --> 00:26:19.119
people knew they should cheer me because
I was in Minnesota for so long,

399
00:26:19.480 --> 00:26:23.359
you know, being cheered that when
I came back and they played the Eye

400
00:26:23.359 --> 00:26:26.279
of the Tiger music from the Rocky
movie and I went into the ring.

401
00:26:26.440 --> 00:26:30.039
I just remember on the weight of
the ring before I wrestled the Iron Cheek

402
00:26:30.079 --> 00:26:32.839
to when the would be titled it
was just I had never heard anything that

403
00:26:32.920 --> 00:26:37.319
loud before. So the moment I
won the belt, everything really took off.

404
00:26:37.680 --> 00:26:41.559
And then shortly after that we first
WrestleMania, where we had you know,

405
00:26:41.640 --> 00:26:48.359
that was one of the that was
of the first of the entertainment sports

406
00:26:48.440 --> 00:26:52.319
entertainment, where we had Cindy Lauper
and Muhammad Ali as a referee, and

407
00:26:52.400 --> 00:26:55.200
Billy Martin the manager of the Yankees, and it was you know, the

408
00:26:55.240 --> 00:26:57.279
list just goes on and on.
There were so many celebrities there, but

409
00:26:57.359 --> 00:27:00.440
those couple events really launched my career
as Hulk Hogan, the good guy.

410
00:27:00.960 --> 00:27:06.720
When was when you say when he
had WrestleMania, What was the first wrestle

411
00:27:06.759 --> 00:27:10.240
Lania Well, I won the belt
in Madison Square Garden from the Iron Cheek

412
00:27:10.240 --> 00:27:14.400
on January twenty third, nineteen eighty
four, So the best of my recollection.

413
00:27:14.440 --> 00:27:17.079
It was like the next year,
the following year, in our own

414
00:27:17.279 --> 00:27:19.359
March or April, we had the
first WrestleMania. And this, as you

415
00:27:19.400 --> 00:27:22.559
were describing, would have been a
time where the sport, the sort of

416
00:27:22.640 --> 00:27:26.839
raw nature of it as a sport, it was presenting more at that time

417
00:27:26.039 --> 00:27:29.559
as more of an entertainment thing.
Yes, you know, we had we

418
00:27:29.799 --> 00:27:33.720
had come out publicly and said wrestling
was an exhibition, and what we were

419
00:27:33.759 --> 00:27:36.839
trying to do, we were trying
to get all the beer drinkers and the

420
00:27:36.880 --> 00:27:40.440
cigar smokers in the front row that
wanting to see blood. We're trying to

421
00:27:40.480 --> 00:27:42.519
get rid of them. And we're
trying to get the families in the front

422
00:27:42.559 --> 00:27:45.519
row. So we told everybody,
look, wrestling is an exhibition. You

423
00:27:45.559 --> 00:27:48.400
know, we know who's gonna win
or lose, and it's fun and you

424
00:27:48.440 --> 00:27:52.839
know, it's safe and there is
not going to be the hardcore wrestling like

425
00:27:52.960 --> 00:27:56.799
before. And so that's what it
really took off, is when we took

426
00:27:56.880 --> 00:28:00.359
you quit trying to insult the public's
intelligence and said, hey, guys,

427
00:28:00.359 --> 00:28:03.079
look this is entertainment. You know, this is not a real sport you

428
00:28:03.160 --> 00:28:12.640
have. This is not a real
sport. Everything we're doing here is wrestling,

429
00:28:12.839 --> 00:28:17.319
and as whole Hogan, it is
just to entertain you. But that's

430
00:28:17.359 --> 00:28:22.920
when it really took off. Does
the words sports entertainment accurately describe how they

431
00:28:22.920 --> 00:28:26.960
were referring to it at that time? Is that a fair characterization? That's

432
00:28:26.000 --> 00:28:29.759
fair. You know, it took
a little while to get some of the

433
00:28:29.799 --> 00:28:33.559
guys up to speed. But that's
very fair that the physicality of a change

434
00:28:33.559 --> 00:28:36.359
at all, No, sir,
you know, the physicality became worse,

435
00:28:37.599 --> 00:28:41.400
I want to talk. Sorry,
the physicality became worse because we started trying

436
00:28:41.400 --> 00:28:45.559
to outdo each other with the entertaining
part. So it got a little crazier,

437
00:28:45.960 --> 00:28:48.119
all right. So for the jury's
benefit, if they have watched wrestling,

438
00:28:48.200 --> 00:28:51.799
or if they watch it, when
they see someone jump off the top

439
00:28:51.880 --> 00:28:55.319
rope and land on somebody else,
that part of it is physically what they're

440
00:28:55.359 --> 00:28:57.039
seeing. Right. Well, if
I was to jump off the top rope

441
00:28:57.079 --> 00:29:00.759
onto you, I would do everything
I could would do. Well, you

442
00:29:00.799 --> 00:29:03.799
don't want to do that, not
in here, anybody. Well, you

443
00:29:03.440 --> 00:29:07.519
don't want me on the top rope
either, you know. But if I

444
00:29:07.640 --> 00:29:10.079
was to go to the top rope
and jump on you, I would do

445
00:29:10.119 --> 00:29:12.480
everything I could to protect you.
But you have to make contact and what

446
00:29:12.480 --> 00:29:15.400
we call you have to lay it
in. You know, a lot of

447
00:29:15.400 --> 00:29:18.640
the promoters would tell me, you
know, when you kick somebody, make

448
00:29:18.640 --> 00:29:22.359
sure you leave, you know,
bootlace prints on them. So they went

449
00:29:22.519 --> 00:29:26.279
full They want full contact, but
in the right areas. Going back to

450
00:29:26.319 --> 00:29:29.920
the injuries, you've suffered, though, those were injuries that were a consequence

451
00:29:29.920 --> 00:29:33.799
of some of these moves not being
fully protected, or maybe just whatever happens

452
00:29:33.839 --> 00:29:36.160
in the ring. Is that fair? That's kind of fair, you know.

453
00:29:36.200 --> 00:29:37.480
I think a lot of the injuries
that happened, you know, the

454
00:29:37.559 --> 00:29:41.599
nine back s injuries were probably because
I wrestled too long and I probably should

455
00:29:41.599 --> 00:29:45.960
have quit ten years earlier. We've
talked about the character. We've used the

456
00:29:45.000 --> 00:29:49.000
word character, the iron cheek character. Yes, sir, the whole Cogan

457
00:29:49.119 --> 00:29:52.599
character. I want you to try
to explain this to the jury. When

458
00:29:52.599 --> 00:29:56.680
you talk about the Hulk Hogan character. What's the personality of that? Oh

459
00:29:56.759 --> 00:30:00.319
my gosh. You know, the
Hulk Hogan character is the all American guy,

460
00:30:00.400 --> 00:30:03.480
loud, sometimes not loud, but
always in character, using slang like

461
00:30:03.680 --> 00:30:14.039
brother or dude ten, using slang
like brother or dude, tan, you

462
00:30:14.119 --> 00:30:17.200
used to have a full head of
hair. You're just the all American good

463
00:30:17.200 --> 00:30:19.240
guy, and I'll fight for the
rights of every man. That whole character

464
00:30:21.279 --> 00:30:25.160
theme driven was kind of like the
perfect storm. It was like the perfect

465
00:30:25.279 --> 00:30:27.799
character. Okay, this is a
good time. The judge wants to take

466
00:30:27.839 --> 00:30:32.880
a comfort break. I think right
now Okay, We're gonna take a little

467
00:30:32.920 --> 00:30:36.880
bit of a comfort break to rearrange
some technology issues that are okay, having

468
00:30:36.880 --> 00:30:41.440
some problems within the courtroom. Okay, so let's do this. Has this

469
00:30:41.559 --> 00:30:44.279
not been working the whole time and
I didn't know it, So if we

470
00:30:44.400 --> 00:30:48.359
can, please, if the jury
can please take a break, let's rearrange

471
00:30:48.400 --> 00:30:51.920
some technology and then we'll come back
and continue with mister Balaia, thank you

472
00:30:51.960 --> 00:31:08.279
all right. Fifteen Judge yes,
ten the jury. The jury retired from

473
00:31:08.319 --> 00:31:11.920
the courtroom at one fifty nine pm, a recess taking at two pm.

474
00:31:12.200 --> 00:31:15.759
Court called to order it two o
seven pm. The jury returned to the

475
00:31:15.759 --> 00:31:19.400
court room at two o seven pm. Thank you, everybody can be seated.

476
00:31:19.519 --> 00:31:22.279
I'm sorry for the little technical difficulties. We'll have it worked out shortly

477
00:31:22.319 --> 00:31:26.240
here, I hope. Thank you
all right, Miss Charkill, you can

478
00:31:26.279 --> 00:31:30.119
proceed. Thank you, your honor. Mister Balaiah, are you good?

479
00:31:33.240 --> 00:31:37.880
Yes, sir? Okay, where
where were we at before that recess?

480
00:31:37.079 --> 00:31:41.599
Was you describing the attributes of the
personality of the Hulk Cogan character? So

481
00:31:41.680 --> 00:31:44.920
just to kind of take the jury
back to where we were before we had

482
00:31:44.960 --> 00:31:48.000
that break, could you describe the
character Hulk Cogan for the jury. Please,

483
00:31:48.119 --> 00:31:49.480
well, the character is larger than
life, you know, it's the

484
00:31:49.559 --> 00:31:53.960
all American character. The theme of
the training, prayers and vitamins and believing

485
00:31:55.039 --> 00:31:57.720
yourself is like what we call the
four demandments of the whole Kamaniacs and the

486
00:31:57.759 --> 00:32:04.680
all American image of the characters tan
a full head of hair. You used

487
00:32:04.680 --> 00:32:07.839
to just even my theme song is
fight for the rights of every man.

488
00:32:07.400 --> 00:32:12.319
He's the all American hero in a
nutshell, the character Hulk Hogan. And

489
00:32:12.400 --> 00:32:15.279
with respect of these characters, I
mean as a wrestler, when you get

490
00:32:15.279 --> 00:32:17.920
a character like that, do you
create it yourself? Does the w W

491
00:32:19.119 --> 00:32:22.160
work with you? Is it a
combination? Please explain that. You know,

492
00:32:22.359 --> 00:32:23.880
while I start in wrestling, you
had to come up with your own

493
00:32:23.960 --> 00:32:28.799
character, and it's changed completely now
because they have writers in the WWE,

494
00:32:29.039 --> 00:32:32.119
and they have got twenty five writers
and nistic Man and his staff develop your

495
00:32:32.200 --> 00:32:37.240
character. So you could come in
as a college athlete and All American athlete

496
00:32:37.240 --> 00:32:39.759
and they could change your character to
a cowboy or a lawyer or anything they

497
00:32:39.799 --> 00:32:44.839
want to change it to. When
are you in character? When are you

498
00:32:44.920 --> 00:32:54.799
in character as Hulk Hogan? Me
yes, sir um. Well, you

499
00:32:54.880 --> 00:32:59.359
know it's changed, you know,
over the years, it's pretty much a

500
00:32:59.400 --> 00:33:02.480
wrestling related character. But as the
years have passed by, I realized at

501
00:33:02.480 --> 00:33:06.640
the moment I leave my home to
get you know, to go get to

502
00:33:06.799 --> 00:33:12.200
the mail, and nobody says,
you know, hey, Terry, how

503
00:33:12.279 --> 00:33:14.880
you do and everyone goes, hey, Hulk, how you doing? Or

504
00:33:15.160 --> 00:33:19.559
Hey Hogan. So when I'm away
from my house, it's pretty much twenty

505
00:33:19.559 --> 00:33:22.960
four hours a day when I'm not
at home, because no one calls me

506
00:33:22.079 --> 00:33:27.599
Terry anywhere, it's always hey,
Hulk, how you doing? You know

507
00:33:27.680 --> 00:33:30.680
we love you? Or you know
you should have lost are you? You're

508
00:33:30.759 --> 00:33:35.680
the greatest wrestler, So it's always
Hulk Hogan when people see me away from

509
00:33:35.680 --> 00:33:40.039
my home. Have you been accepting
of that fact? In other words,

510
00:33:40.839 --> 00:33:44.839
the fact that when you walk out
on the street, you're going to get

511
00:33:44.839 --> 00:33:49.000
approached like that, Oh god,
my god, yeah, you know,

512
00:33:49.039 --> 00:33:52.759
thank god, is still happening after
all these years. Does that include things

513
00:33:52.799 --> 00:33:57.279
that would commonly happen autograph selfies,
things like that, I'm sorry I didn't

514
00:33:57.279 --> 00:34:00.480
hear the first part of that question. Sure, not just getting wreck ignized,

515
00:34:00.519 --> 00:34:02.920
but would it include things like you
being approached for autographs or pictures or

516
00:34:02.920 --> 00:34:08.280
things like that. Oh, yes, sir, would. And have you

517
00:34:08.360 --> 00:34:12.440
always tried to accommodate fans of yours
when they would come up to you in

518
00:34:12.480 --> 00:34:14.880
the middle of the day on a
public street for that stuff. Well,

519
00:34:14.880 --> 00:34:17.199
over the years, I pride myself
I'm not turning my fans down. I

520
00:34:17.199 --> 00:34:22.559
mean, there are a few situations
where people have been overly aggressive. I

521
00:34:22.599 --> 00:34:24.559
remember one time in particular, I
was eating dinner with my wife and kids,

522
00:34:24.800 --> 00:34:28.400
and some guy got between my wife
and I, you know, and

523
00:34:28.519 --> 00:34:30.760
I had to ask for autograph and
cigarettes fall out in her dish. You

524
00:34:30.800 --> 00:34:34.440
know, dude, It's like right, you know, but I try as

525
00:34:34.440 --> 00:34:37.039
best I can to be accommodating everybody. You certainly have accepted the fact,

526
00:34:37.400 --> 00:34:43.039
have you not that you have lost
an amenity as the character Hulk Cogan,

527
00:34:43.119 --> 00:34:45.039
Right, yes, sir, and
I as part of the deal is Hulk

528
00:34:45.039 --> 00:34:49.199
Coke and you lose your anonymity.
You've mentioned that when you walk out of

529
00:34:49.199 --> 00:34:52.920
the door of your house. Are
there other places where you feel like you

530
00:34:52.920 --> 00:34:54.920
can beat Terry Balaya? Well,
you know, I've got a few friends

531
00:34:54.920 --> 00:34:59.360
in the neighborhood. Now, doctor
Cressbo is a good friend of mine and

532
00:34:59.519 --> 00:35:01.280
aim when I go to his house, I can be Terry Balaya. I

533
00:35:01.280 --> 00:35:05.079
mean, there are a few places, you know, a few relatives when

534
00:35:05.079 --> 00:35:07.079
I you know, when I go
to where my children live and I'm in

535
00:35:07.119 --> 00:35:09.800
their house, you know, I
can definitely be Terry Balaya. But other

536
00:35:09.840 --> 00:35:13.079
than that, you know, nowadays
pretty limited, you know, because the

537
00:35:13.119 --> 00:35:17.480
Hulk Cogan's character is known worldwide,
so it's hard not to be Hulk Hogan.

538
00:35:17.960 --> 00:35:22.519
Everyone calls me Hulk Coogan everywhere I
go. And I want to talk

539
00:35:22.559 --> 00:35:24.239
about this issue a little more.
But before that, I want you to

540
00:35:24.239 --> 00:35:29.280
tell the jury a little bit about
who Terry Balaya is, as that person

541
00:35:29.360 --> 00:35:32.719
differs from the character Hulk Cogan.
Well, you know, Terry Balay is

542
00:35:32.719 --> 00:35:36.639
a normal person. You know,
Wrestling is his job, is what you

543
00:35:36.639 --> 00:35:47.719
know, Hulk, Well, Terry
Balay is a normal person. You know,

544
00:35:47.760 --> 00:35:54.440
Wrestling is his job, is what
Hulky, what Terry Balaya does for

545
00:35:54.480 --> 00:35:59.480
a living. I don't argue,
I'm not lowed. I'm pretty soft spoken

546
00:35:59.519 --> 00:36:01.000
to a fall. You know,
don't know how to really say no,

547
00:36:01.239 --> 00:36:05.199
even though I'm learning how to say
no to my kids. You know,

548
00:36:05.280 --> 00:36:07.360
sometimes I've been at fault with saying
yes when I probably should have said no.

549
00:36:07.480 --> 00:36:12.239
But it's you know, the character
Hulk Hogan is completely opposite of Terry

550
00:36:12.239 --> 00:36:15.360
Balaya. You know. The only
similarities to me are maybe, you know,

551
00:36:15.440 --> 00:36:17.519
sometimes the look, you know,
and for different reasons, I wear

552
00:36:17.559 --> 00:36:22.559
a bandail my head is Whole Hogan
because I's the established look, and sometimes

553
00:36:22.599 --> 00:36:24.960
i've you know, sometimes I wear
a bandana as Terry Balaya for other reasons.

554
00:36:36.000 --> 00:36:50.079
Okay, oh well, why does
you know, why would the person

555
00:36:50.119 --> 00:36:52.400
that you are, the person that
grew up on the docks and all that,

556
00:36:52.480 --> 00:36:57.639
why does that person wear a bandana
as opposed to wholek Cogan. What

557
00:37:00.199 --> 00:37:04.639
it was kind of goes back to
everything I understand now, like about kind

558
00:37:04.679 --> 00:37:07.039
of like when I was growing up, Yeah, I didn't want to take

559
00:37:07.079 --> 00:37:08.519
my shirt off. You know,
I had a real problem with taking my

560
00:37:08.559 --> 00:37:12.079
shirt off, even though we lived
in this area, because I wasn't in

561
00:37:12.079 --> 00:37:15.079
good shape. And when I was
married, there were the normal you know,

562
00:37:15.079 --> 00:37:16.440
when I was married to my first
wife, there were the normal things

563
00:37:16.440 --> 00:37:20.960
that would go back and forth,
little arguments you would have and sometimes I'd

564
00:37:20.960 --> 00:37:22.119
hear, you know, you're too
old, you know, you're too slow,

565
00:37:22.199 --> 00:37:25.840
You're too bald headed, you know, you know, so you like

566
00:37:25.960 --> 00:37:30.239
to get somebody younger, you know, find somebody younger. And the bald

567
00:37:30.239 --> 00:37:32.639
headed thing kind of hit me because
as I've gotten older, my hair has

568
00:37:32.679 --> 00:37:38.840
gone way far down. I've actually
a really large head, and so sometimes

569
00:37:39.119 --> 00:37:43.000
when I wear a bandana as Terry
Balay, it's just because it's like a

570
00:37:43.039 --> 00:37:46.239
self confidence thing, where if I
I don't have the bandana on, it's

571
00:37:46.400 --> 00:37:51.719
just kind of like hard not to
look at, you know, how bald

572
00:37:51.760 --> 00:37:55.039
headed I am and how big my
head is because I have an exceptionally large

573
00:37:55.079 --> 00:37:59.480
head. So it's like a confidence
thing or a personal thing, I guess

574
00:37:59.519 --> 00:38:01.639
it's the best way to describe it, you know. But Hulk Hogan,

575
00:38:02.360 --> 00:38:12.559
Hulk Hogan is different because when I'm
Hulk Hogan and I wear the bandana,

576
00:38:12.559 --> 00:38:15.000
it's part of the wardrobe, and
the first thing I do when I'm getting

577
00:38:15.039 --> 00:38:17.280
the ring is I ripped the bandan
off, you know. While I'm on

578
00:38:17.400 --> 00:38:21.920
characters Hulk Hogan, it's totally different, you know, because I'm out there

579
00:38:21.960 --> 00:38:25.639
in the zone as Hulk Hogan.
You mentioned feeling comfortable at friends houses.

580
00:38:25.920 --> 00:38:30.360
Has it been hard since your career
sort of reached that next level after Rocky

581
00:38:30.400 --> 00:38:32.400
three, WrestleMania and all that.
Has it been hard for you to make

582
00:38:32.440 --> 00:38:36.440
close friendships, yes, or it
has because you know, there is a

583
00:38:36.480 --> 00:38:37.679
period of time where I thought I
had a bunch of friends when I was

584
00:38:37.719 --> 00:38:42.119
working full time and I was flying
three hundred days a year and wrestling four

585
00:38:42.199 --> 00:38:45.239
hundred and four hundred and fifty fifty
times a year, you know, twice

586
00:38:45.320 --> 00:38:49.079
on Saturday, twice on Sunday,
sometimes three times, you know, during

587
00:38:49.119 --> 00:38:51.440
the day. If we had a
bunch of you know, sometimes a film

588
00:38:51.519 --> 00:38:53.800
TV shows during the day and I
had a wrestle at a wrestle at night,

589
00:38:54.039 --> 00:38:57.400
you know, I was I was
always with a big group of guys,

590
00:38:57.599 --> 00:39:00.679
and there was a camaraderie which I
considered a friendship. But as soon

591
00:39:00.679 --> 00:39:04.519
as I started wrestling part time,
or as soon as I wasn't at work,

592
00:39:04.920 --> 00:39:07.719
I realized that, you know,
they were business friends and not real

593
00:39:07.840 --> 00:39:10.840
personal friends because there just wasn't anything
to talk about unless we were actually in

594
00:39:10.840 --> 00:39:15.119
the locker room or wrestling on the
road. And as far as I you

595
00:39:15.119 --> 00:39:16.760
know, as soon as I came
home to Florida, it was like everybody

596
00:39:16.760 --> 00:39:20.440
has their own lives and stuff,
so they didn't reach out to me,

597
00:39:20.559 --> 00:39:22.719
or they didn't you know, at
a time, there weren't many people that

598
00:39:22.800 --> 00:39:27.079
actually would call my phone, or
even if they did live here, they

599
00:39:27.079 --> 00:39:30.159
were busy. So I just you
know, I was just a couple of

600
00:39:30.239 --> 00:39:31.760
days off. You know, there
was really no close type bond when I

601
00:39:31.800 --> 00:39:36.199
wasn't at work, so I didn't
have anybody, and I didn't have a

602
00:39:36.239 --> 00:39:38.320
lot of close personal friends. I
had one or two or three at the

603
00:39:38.400 --> 00:39:52.360
most. I thought, is it
hard for you to trust people? Not

604
00:39:52.480 --> 00:39:55.719
at the beginning, you know,
by as things went long, I kind

605
00:39:55.719 --> 00:40:00.199
of learned something that some of the
old timers told me that if you got

606
00:40:00.239 --> 00:40:02.360
one close friend in your life,
you're a very lucky man. You know.

607
00:40:02.360 --> 00:40:07.159
I didn't really understand that until I
became a little bit older and realized

608
00:40:07.159 --> 00:40:10.159
that by default or by finding out
who the people really are, I only

609
00:40:10.159 --> 00:40:15.039
had a couple of close people around
me that I considered close personal friends.

610
00:40:15.639 --> 00:40:17.639
Who are these people over the course
of let's say the last fifty and twenty

611
00:40:17.719 --> 00:40:22.519
years, who you would consider your
close personal friends. Well, you know,

612
00:40:22.519 --> 00:40:25.239
the guy that I'm still really close
personal friends with his my wrestling manager,

613
00:40:25.719 --> 00:40:29.800
he's not my real manager. He's
a character. His name is Jimmy

614
00:40:29.800 --> 00:40:31.679
Hart, the Mouth of the South. But his real name is Jimmy Hart.

615
00:40:31.719 --> 00:40:35.719
But as a character, he's the
Mouth of the South, Jimmy Hart.

616
00:40:36.000 --> 00:40:37.519
So I've been with him like thirty
five years. You know, he's

617
00:40:37.559 --> 00:40:40.760
about ten years older than me.
He's seventy one years old, so he's

618
00:40:42.000 --> 00:40:45.679
I considered him a close personal friend. And I did have another close personal

619
00:40:45.719 --> 00:40:50.280
friend, a guy named Ed Leslie
who wrestled as Bruce the Barbara Beefcake.

620
00:40:50.519 --> 00:40:52.719
But he got remarried and his new
wife and I don't see ey andhyte about

621
00:40:52.719 --> 00:40:55.400
a bunch of stuff. So he
lives in this area, but we don't

622
00:40:55.400 --> 00:41:00.800
really talk. And the other person
that I fob was my best friend was

623
00:41:00.840 --> 00:41:07.039
Todd Clem Bubba the Love Sponge.
His name has obviously come up. I'm

624
00:41:07.079 --> 00:41:08.559
sure it's going to come up more
in the course of this trial. But

625
00:41:09.000 --> 00:41:12.800
I want to talk a little bit
about mister Clem and how you became friends.

626
00:41:13.280 --> 00:41:15.119
Could you tell the jury how you
first met him. I'll tell you

627
00:41:15.119 --> 00:41:19.760
what before we talk about that,
let me ask you this during the time.

628
00:41:20.599 --> 00:41:22.800
Are you friends with mister Clem right
now? No, sir, during

629
00:41:22.840 --> 00:41:25.800
the time you were friends, if
you could maybe describe for the jury who

630
00:41:25.840 --> 00:41:30.119
you knew was Todd Clem aka Bubba
the Love Sponge versus the radio personality they

631
00:41:30.159 --> 00:41:34.559
may have heard or maybe not heard. If you could just describe him as

632
00:41:34.559 --> 00:41:37.119
you knew him. Well, you
know, before I met Todd Clem or

633
00:41:37.159 --> 00:41:39.239
Bubba the Love Sponge, I knew
who he was before man him on herb

634
00:41:39.239 --> 00:41:43.599
on ninety three point three, and
I was a radio station in Tampa and

635
00:41:43.800 --> 00:41:46.679
could I just could not stand him. It was character was just nasty,

636
00:41:46.760 --> 00:41:52.039
overbearing, just that horrible things on
the radio. So I couldn't stand the

637
00:41:52.119 --> 00:41:54.800
character Abobba the Love Sponge. So
my ex wife was opening a new restaurant

638
00:41:54.840 --> 00:41:59.519
called the French Hen and Bubba the
Love Sponge had the most popular radio show

639
00:41:59.519 --> 00:42:01.880
in this area. So she wanted
me to buy advertising on his radio show

640
00:42:01.880 --> 00:42:06.039
for her restaurant. So and so, when I did that, they got

641
00:42:06.079 --> 00:42:08.199
a hold of Jimmy Hart, my
manager wrestling manager, and said, oh,

642
00:42:08.360 --> 00:42:12.679
would Holp come on the air.
And Jimmy kind of told me and

643
00:42:12.760 --> 00:42:15.079
my ex wife at the same time, and my wife wanted me to do

644
00:42:15.119 --> 00:42:17.320
it, So I did it,
and when I was at the radio station.

645
00:42:17.599 --> 00:42:21.440
He was that character, that Bubba
the Love Sponge, arrogant, cocky,

646
00:42:21.519 --> 00:42:22.880
nasty to people on the phone,
you know, you hang up on

647
00:42:22.960 --> 00:42:27.239
people, very demeaning. And I
was in this radio studio and I just

648
00:42:27.239 --> 00:42:30.119
couldn't wait to get out of there. And then it was a few weeks

649
00:42:30.159 --> 00:42:36.639
later up on Northdale Maybury in Tampa, a friend of mine named Ryan Boyer

650
00:42:36.800 --> 00:42:39.280
was opening Goal's gym. I was
there for the grand opening, and low

651
00:42:39.360 --> 00:42:42.639
and behold, a couple of chairs
down for me. It was this five

652
00:42:42.760 --> 00:42:45.280
hundred pound Bubba the Love Sponge sitting
there. He was at his biggest at

653
00:42:45.280 --> 00:42:49.719
that time. And I got there
early because I knew, you know,

654
00:42:49.760 --> 00:42:53.239
that there was some special children in
wheelchairs. There were some VFW guys there,

655
00:42:53.519 --> 00:42:57.480
and so I got there early because
once the line gets going, it's

656
00:42:57.679 --> 00:43:00.840
it's hard to spend time with them. And I really like to meet people

657
00:43:00.079 --> 00:43:04.519
looking in the eyes, shake their
hand and kind of like interact with them

658
00:43:04.559 --> 00:43:07.920
so they know that I appreciate what, you know, what they've been doing

659
00:43:07.519 --> 00:43:12.239
being a fan and supporting me.
But it goes you know, it's extra

660
00:43:12.280 --> 00:43:15.920
special with these children, kids and
veterans that I like to really make them

661
00:43:15.920 --> 00:43:17.880
realize I appreciate who they are and
what they do. And when I went

662
00:43:17.920 --> 00:43:22.119
to this autograph signing, Bubba was
there, and I watched him treat these

663
00:43:22.119 --> 00:43:24.760
people with such grace and such dignity. It just just kind of caught me

664
00:43:24.800 --> 00:43:28.480
off guard, and I'm like,
God, you know, I couldn't believe

665
00:43:28.519 --> 00:43:30.920
that. You know, I judged
this guy but what I had heard on

666
00:43:30.960 --> 00:43:34.320
the radio and his character. So
I watched him throughout the day. And

667
00:43:34.360 --> 00:43:37.519
the autograph signing was supposed to be
two hours, as I remember, it

668
00:43:37.519 --> 00:43:40.000
was about, you know, a
five hour autograph session turned into and this

669
00:43:40.039 --> 00:43:44.840
guy treated every single person with respect
that came up for the autograph and this

670
00:43:44.960 --> 00:43:46.480
and that and the other. And
then I went up to him. I

671
00:43:46.519 --> 00:43:49.800
said, you know, I'm at
a mistake. You know, I thought

672
00:43:49.840 --> 00:43:52.119
you were a nasty person, and
I'd watch you all day and I appreciate

673
00:43:52.199 --> 00:43:55.840
the help you've given me and my
wife and thank you for everything. And

674
00:43:55.920 --> 00:43:59.960
that kind of opened up the door. And I don't recall how it happened

675
00:44:00.079 --> 00:44:04.480
for future communication, but we became
so close that we started training every day

676
00:44:04.480 --> 00:44:07.840
together, and he went from five
hundred pounds over a period of seven years

677
00:44:07.039 --> 00:44:09.920
down to two hundred and fifty pounds, and I got him on the cover

678
00:44:10.000 --> 00:44:13.079
of you know, I didn't get
him on the cover, but he got

679
00:44:13.119 --> 00:44:15.440
on the cover of Muscle and Fitness, which is a bodybuilding magazine. And

680
00:44:15.559 --> 00:44:19.880
we listened everything together to the point
where he helped my daughter with her music.

681
00:44:20.119 --> 00:44:22.679
He helped my son with the stuff
he wanted to do. And I

682
00:44:22.719 --> 00:44:24.920
went through a really tough time,
you know, when my father passed away

683
00:44:25.119 --> 00:44:29.239
and Bubba was there in the room, and Bubba had one of my father's

684
00:44:29.280 --> 00:44:31.159
hands. I had the other one
of my father's hands, and as he

685
00:44:31.199 --> 00:44:35.079
took his last breath, Bubba was
there with me and he held he was

686
00:44:35.159 --> 00:44:38.000
holding my father as my father passed
away. So there was never any question

687
00:44:38.039 --> 00:44:40.320
of, you know, who he
was or what he meant to me.

688
00:44:42.440 --> 00:44:45.639
You know, I believed in my
heart he was my best friend, and

689
00:44:45.719 --> 00:44:47.639
he's the guy that I valued as
the go to guy. And I was

690
00:44:47.639 --> 00:44:51.000
having a problem with my man,
my marriage, or if I was having

691
00:44:51.039 --> 00:44:53.760
business problems, I needed somebody to
talk to. And it just evolved over

692
00:44:53.800 --> 00:44:58.280
the years. This guy was,
you know, I believe was really my

693
00:44:58.320 --> 00:45:00.599
best friend. And I mean we
would go on vacations together. We did

694
00:45:00.679 --> 00:45:21.599
Everything Together. Wrestling Podcast with Jack
and Lapsed Fan Wrestling Podcast. You talked

695
00:45:21.639 --> 00:45:23.719
about problems with your first wife.
Is that Linda Bala? Right? Yes,

696
00:45:23.760 --> 00:45:27.199
sir. Why did you marry Linda? How long ago did you get

697
00:45:27.199 --> 00:45:30.719
married her before you divorced? We
got married December eighteenth, nineteen eighty three.

698
00:45:30.159 --> 00:45:32.440
When did you start having problems?
I don't mean like day to day

699
00:45:32.440 --> 00:45:37.079
problems, but real marital problems with
Linda. Well, after like three years

700
00:45:37.079 --> 00:45:39.119
of marriage, before we had children, I had a conversation with her mother

701
00:45:39.159 --> 00:45:40.960
and I said, you know,
I'm having a little bit of a problem

702
00:45:42.239 --> 00:45:45.719
with the personality and a few other
issues. And that's the first time I

703
00:45:45.719 --> 00:45:50.199
remember saying anything to anybody about having
some problems. And her mother looked,

704
00:45:50.239 --> 00:45:52.800
you know, looked me in the
eyes and she said, well, you

705
00:45:52.800 --> 00:45:55.519
you had married her. I was
like, okay, and what does that

706
00:45:55.599 --> 00:46:00.480
mean. So kinda started then,
but it was just the normal mar stuff

707
00:46:00.480 --> 00:46:02.599
because we were just trying to do
We were three years into the marriage and

708
00:46:02.880 --> 00:46:06.880
we were kind of like really figuring
each other out and kind of getting you

709
00:46:06.920 --> 00:46:09.559
know, everything was okay, except
just a couple of weird, little weird

710
00:46:09.599 --> 00:46:13.280
things that were going on. I
just talked to her mom about it.

711
00:46:13.719 --> 00:46:15.679
Yeah, that's when I first remember
the first little glitch in the system.

712
00:46:16.039 --> 00:46:21.320
It wasn't something I couldn't live with. Why did you start experiencing marital problems

713
00:46:21.320 --> 00:46:23.880
that ultimately led to the divorce?
Well, yeah, escalated. I would

714
00:46:23.880 --> 00:46:27.960
say it really started to escalated around
two thousand and four or thousand and five,

715
00:46:27.960 --> 00:46:30.719
thousand and six, and peaked,
you know somewhere around two thousand and

716
00:46:30.760 --> 00:46:32.920
six or two thousand and seven.
Who filed for divorced? You were Linda?

717
00:46:34.039 --> 00:46:36.800
Oh, Linda did and do you
remember when that was? What year

718
00:46:36.840 --> 00:46:38.719
and month? If you can remember
the month, it was November two thousand

719
00:46:38.719 --> 00:46:42.960
and seven. To the best amount
of my recollection, I want to focus

720
00:46:42.960 --> 00:46:45.880
on this time frame you just described
for the jury because at her about that

721
00:46:45.960 --> 00:46:47.760
time two thousand and four, two
thousand and five to two thousand and seven

722
00:46:49.199 --> 00:46:52.800
was when the reality show Hogan Knows
Best started being filmed and put on TV.

723
00:46:52.000 --> 00:46:54.679
Right, yes, sir, can
you tell the jury how that started

724
00:46:54.679 --> 00:46:58.480
the process if you're getting this reality
show, well, I've been helping my

725
00:46:58.559 --> 00:47:01.079
daughter with her music and reality Excuse
me, you know VH one was a

726
00:47:01.159 --> 00:47:05.920
music channel and they had a series
of one hour specials called inside Out,

727
00:47:06.199 --> 00:47:08.000
and you know, they found out
that Hulk Coogan's daughter was doing music.

728
00:47:08.039 --> 00:47:10.280
So they called me and said,
hey, you know what you do want

729
00:47:10.280 --> 00:47:13.719
these inside Out specials? So I
said yes, you know, it was

730
00:47:13.760 --> 00:47:16.960
to help Brooks career and it was
called Hulk Hogan Stage Dad. So we

731
00:47:17.039 --> 00:47:21.079
did the one hour special about Brooks
music and me trying to get her go

732
00:47:21.199 --> 00:47:23.559
and you know, and they aired
it and got really good ratings. So

733
00:47:23.599 --> 00:47:27.599
they came back to me and asked
me for asked for more programming, but

734
00:47:27.639 --> 00:47:30.360
they asked, you know, for
in the form of like an Ozzy Osbourne

735
00:47:30.480 --> 00:47:34.199
Kardashian type reality show. That's how
it all gets started. Did you talk

736
00:47:34.239 --> 00:47:36.719
to your family about it? Yes, sir, I did. And could

737
00:47:36.760 --> 00:47:38.239
you tell the jury what you told
your family, who at that time was

738
00:47:38.280 --> 00:47:43.159
Linda and Nick and Brooke right,
Yes, sir, what you told them

739
00:47:43.199 --> 00:47:45.199
about the opportunity and whether it was
something that was a good idea. Well,

740
00:47:45.320 --> 00:47:47.880
I did have a meeting, a
family meeting with them. I remember

741
00:47:47.920 --> 00:47:51.800
sitting there and telling them about the
opportunity from VH one. I said,

742
00:47:52.000 --> 00:47:54.239
but I need to warn you guys, this is real work. You know

743
00:47:54.239 --> 00:47:58.079
that they actually put a microphone on
you in the morning and you have to

744
00:47:58.119 --> 00:48:00.320
work all day until you're off work, and it's you know, they sometimes

745
00:48:00.320 --> 00:48:04.519
have very very long days. And
I want to also warn you that all

746
00:48:04.559 --> 00:48:07.119
the stuff you see happen to me. You know, whenever I go out

747
00:48:07.159 --> 00:48:09.440
in public, whenever I walk out
the door front door. You know,

748
00:48:09.760 --> 00:48:13.840
whenever I walk out the front of
the door, there is always an autograph

749
00:48:13.880 --> 00:48:15.920
and a picture. And when you're
going to the airport and when you're eating

750
00:48:15.960 --> 00:48:19.599
dinner, people are going to come
to you, and you're gonna lose your

751
00:48:19.639 --> 00:48:22.800
anonymity. And I explained to my
family what would happen if they if the

752
00:48:22.840 --> 00:48:27.159
show took off and it became popular. But I was also in my mind

753
00:48:27.199 --> 00:48:30.440
thinking about it if I kind of
like did the show that might help my

754
00:48:30.480 --> 00:48:34.360
marriage because it was pretty much dysfunctional
at that point, and I thought maybe

755
00:48:34.480 --> 00:48:37.639
it would get us back on track
because my lex wife it was you know,

756
00:48:37.800 --> 00:48:39.840
you know, you know what about
me? What about me? You

757
00:48:39.880 --> 00:48:43.960
know, I'll support to you all
these years and I didn't follow my dreams

758
00:48:43.960 --> 00:48:46.159
and stuff like that, and I
thought maybe this would help. And so

759
00:48:46.280 --> 00:48:50.400
when I asked my family if they
wanted to do it. Everybody raised their

760
00:48:50.480 --> 00:48:52.000
hand. They wanted to do it. And it was one of those things

761
00:48:52.000 --> 00:48:54.800
that I thought in my heart,
I thought it would really help. And

762
00:48:54.840 --> 00:48:58.280
so when they did it, I
was, you know, I didn't worry

763
00:48:58.320 --> 00:49:00.239
about it too much at the time. I thought this would be good for

764
00:49:00.320 --> 00:49:05.119
us. Explain if you could to
the jury how this particular reality show was

765
00:49:05.119 --> 00:49:08.639
shot in the sense of maybe describing
whether it's really true reality every second of

766
00:49:08.639 --> 00:49:15.280
the day with no script. Well, and I found out very quickly that

767
00:49:15.360 --> 00:49:21.239
reality TV is not real TV.
It's real like you know. What happens

768
00:49:21.320 --> 00:49:24.199
is they come up with the themes
of the show, and Hogan knows best

769
00:49:24.400 --> 00:49:28.159
was the see was the theme of
the show. And for example, the

770
00:49:28.199 --> 00:49:30.559
first week was Hulkogan takes his dog
to a psychiatrist, you know, and

771
00:49:30.599 --> 00:49:35.679
then the next week is Hulkogan and
his family decided to ride horses in Montana.

772
00:49:35.760 --> 00:49:37.039
And it would you know, they
had themes that they would come up

773
00:49:37.079 --> 00:49:42.159
with, and it was either eight
or ten different you know, different shows

774
00:49:42.239 --> 00:49:45.400
per per series. If they had
themes they would come up with, and

775
00:49:45.400 --> 00:49:49.400
then every day we'd get a sheet
and on the top of the sheet would

776
00:49:49.400 --> 00:49:52.360
say the call time, which means
what time he had to be on camera,

777
00:49:52.599 --> 00:49:53.679
and you know, you know,
for each theme, they would have,

778
00:49:54.079 --> 00:49:58.599
Okay, you know this morning,
we want to accomplish this before lunch,

779
00:49:58.599 --> 00:50:00.840
we want to talk about the family
of ak And then everything was written

780
00:50:00.880 --> 00:50:04.760
on about you know, what the
plan was for that day. And then

781
00:50:04.800 --> 00:50:07.760
when we put on put the microphone
on and then okay, you guys are

782
00:50:07.800 --> 00:50:09.480
all sitting down for a breakfast.
You know, they would tell us what

783
00:50:09.519 --> 00:50:13.000
they want us to say. You
know, we wanted to talk about how

784
00:50:13.039 --> 00:50:15.199
running the eggs are, or you
know, we wanted to talk about how

785
00:50:15.239 --> 00:50:19.280
your freid of horses, and we
want to talking about you know, you

786
00:50:19.320 --> 00:50:22.639
know, should we go to whwais
had a Montana to ride horses? And

787
00:50:22.760 --> 00:50:27.440
usually I don't ever remember getting the
okay the first time. Usually we would

788
00:50:27.440 --> 00:50:30.280
do it in two or three times. We'd get into a rhythm. You

789
00:50:30.320 --> 00:50:32.840
would get the magic, you know, the little argument between me and my

790
00:50:32.920 --> 00:50:37.159
wife where the kids would argue and
if we missed a point, the prewsters

791
00:50:37.280 --> 00:50:39.079
would go, Okay, Nick,
you did everything great, except you want

792
00:50:39.079 --> 00:50:42.760
to you want to ride a horse
bareback? You know, you got to

793
00:50:42.800 --> 00:50:45.519
say that, and they would tell
us exactly what to say, you know,

794
00:50:45.599 --> 00:50:47.920
until they got what they wanted.
They'd go, okay, cut,

795
00:50:47.960 --> 00:50:51.960
all right, you know, let's
move on to the next scene. So

796
00:50:52.000 --> 00:50:54.920
it was it was lightly scripted,
but they actually told us what to say

797
00:50:54.920 --> 00:50:58.880
to the majority of the time,
so it was kind of easy, you

798
00:50:58.920 --> 00:51:01.679
know. But he kind of like
tried to have some magic or they were

799
00:51:01.800 --> 00:51:05.719
praying for magic, you know,
such as if the dogs weren't allowed in

800
00:51:05.760 --> 00:51:07.719
the house. They were hoping Nick
would accidently left the dogs in the house,

801
00:51:07.920 --> 00:51:10.880
and they were hoping that the dog
might go to the bathroom on the

802
00:51:10.880 --> 00:51:15.800
floor and cause an argument or something. So they were hoping for magic.

803
00:51:15.039 --> 00:51:19.480
But they told us what to say
and scripted it out. Were you in

804
00:51:19.599 --> 00:51:22.719
character during the filming of the show, Yes, sir, even down to

805
00:51:22.760 --> 00:51:24.559
the voice you used at times.
Well, you know, the show was

806
00:51:24.559 --> 00:51:30.079
called Hulk Hogan Knows Best, and
it was a broadening of the character instead

807
00:51:30.119 --> 00:51:31.079
of the character. You know,
hey, brother, what you doing,

808
00:51:31.199 --> 00:51:36.239
dude. It gave me the artistic
liberty to be Hulk Hogan the father,

809
00:51:36.760 --> 00:51:39.199
Hulk Hogan the dad, you know, Hulk Hogan the parent. But it

810
00:51:39.280 --> 00:51:44.920
was all character driven because it was
called Hogan Knows Best, not Terry Bala

811
00:51:45.000 --> 00:51:47.280
Knows Best, and that's why they
sold the show, because it was Hulk

812
00:51:47.320 --> 00:51:51.920
Hogan and how he was interacting with
the Hogan family, Linda Hogan, Nick

813
00:51:51.920 --> 00:51:54.800
Hogan, Brook Hogan. There was
no real balleta show, so it was

814
00:51:54.840 --> 00:52:00.239
from top to bottom. It was
character driven. So it do anything to

815
00:52:00.280 --> 00:52:02.599
help what was then your rough relationship
with Linda At first, it did.

816
00:52:02.639 --> 00:52:07.000
At first, she was very excited
about filming, She was very excited about

817
00:52:07.000 --> 00:52:09.559
going on press tours. She was
very excited about being on the red carpet,

818
00:52:09.559 --> 00:52:13.559
the camera and kind of like at
first, it got to the point

819
00:52:13.559 --> 00:52:16.880
where she seemed to like the celebrity
and liked working and like the hours at

820
00:52:16.920 --> 00:52:21.880
first. Did that go on or
did it change over time? It changed,

821
00:52:22.199 --> 00:52:23.599
you know, I think the thrill
war off, you know, pretty

822
00:52:23.679 --> 00:52:28.440
quickly when everybody realized that it was
actually hard work. You know, in

823
00:52:28.480 --> 00:52:31.000
the days were really really long and
then and there were a lot of extra

824
00:52:31.119 --> 00:52:35.199
things. You know, you had
to do voiceovers after each show, you

825
00:52:35.199 --> 00:52:37.119
know, you would have to drive
to Orlando and go in a studio and

826
00:52:37.119 --> 00:52:40.280
talk over your own voice, you
know, even if everything was recorded perfectly

827
00:52:40.280 --> 00:52:44.440
all day long. You still had
to go over and wash yourself on the

828
00:52:44.480 --> 00:52:47.400
screen and talk over your voice,
and that was long too. And then

829
00:52:47.519 --> 00:52:51.000
I think it got to the point
where by the second, you know,

830
00:52:51.039 --> 00:52:53.440
maybe going into the third series of
shows, you know, we were having

831
00:52:53.480 --> 00:52:58.400
a hard time getting everybody to come
downstairs, getting everybody to work, you

832
00:52:58.440 --> 00:53:01.119
know, getting everybody to step up
and keep doing this hard job. How

833
00:53:01.199 --> 00:53:05.519
was Linda treating you at this time
on camera? She was very professional,

834
00:53:05.840 --> 00:53:07.280
you know, as soon as the
cameras were off when we win our separate

835
00:53:07.280 --> 00:53:10.800
directions, and she was kind of
neutral at first, but then I noticed

836
00:53:10.800 --> 00:53:15.199
something kind of changed, and she
was very aggressive about wanting to live in

837
00:53:15.239 --> 00:53:20.960
California and move home and distance herself
from me to where things changed completely due

838
00:53:21.320 --> 00:53:23.480
at some point did she move,
Yes, sir, do you remember when?

839
00:53:23.599 --> 00:53:27.039
Just maybe to give you some guidance
if the show was on from O

840
00:53:27.159 --> 00:53:29.400
five to Z seven, I don't
know if that helps you, well,

841
00:53:29.559 --> 00:53:31.480
no, you know, but there
was a point before the last season where

842
00:53:31.480 --> 00:53:35.679
she did move to California, and
she showed up lated for the beginning of

843
00:53:35.760 --> 00:53:37.800
the final season, and once they
set up production and once they set up

844
00:53:37.800 --> 00:53:42.840
the cruise and there's fifty sixty or
seventy people in town on the payroll in

845
00:53:42.960 --> 00:53:46.039
hotels with production facilities. VH one
is losing money when you're not working.

846
00:53:46.400 --> 00:53:51.719
So when she didn't show up the
first first week, they kind of called

847
00:53:51.760 --> 00:53:53.280
me on the carpet for it,
and I said, you know, she'd

848
00:53:53.280 --> 00:53:57.440
be here Monday. And she didn't
show up the second week, and then

849
00:53:57.480 --> 00:54:00.599
they were threatening to sue. And
then when she did come back, you

850
00:54:00.599 --> 00:54:04.519
know, we worked really really hard
to play catchup, and all the last

851
00:54:04.559 --> 00:54:07.639
week was very important to make up, you know, all the work she'd

852
00:54:07.679 --> 00:54:09.840
missed the first two weeks. And
she left, you know, before the

853
00:54:09.920 --> 00:54:14.239
last week, but she had already
moved over her you know, moved her

854
00:54:14.239 --> 00:54:16.440
stuff to California, and she was
chopping at the bit to get back there.

855
00:54:17.480 --> 00:54:21.000
But you know, that was the
big move. But that was a

856
00:54:21.000 --> 00:54:23.239
big move to California. But before
that, before the final season, she

857
00:54:23.360 --> 00:54:28.320
kept going to back to California all
the time, and sometimes, you know,

858
00:54:28.360 --> 00:54:30.360
sometimes wouldn't even tell us. How
did you feel when she moved out.

859
00:54:31.119 --> 00:54:34.760
I felt that, you know,
there was going to be a chance,

860
00:54:34.840 --> 00:54:37.280
you know that maybe she would come
back, but it was tough because

861
00:54:37.440 --> 00:54:40.960
it was almost like instead of just
moving out, her actions changed, you

862
00:54:42.000 --> 00:54:44.800
know, like if I went out
by and said good morning to you or

863
00:54:44.840 --> 00:54:47.079
just touched you, it went from
good morning to almost a snarl when she

864
00:54:47.159 --> 00:54:52.039
looked at me. So I couldn't
really touch her because something had changed dramatically.

865
00:54:52.320 --> 00:54:57.000
And I'm not exactly sure how or
why did the marriage ever get back

866
00:54:57.039 --> 00:55:00.360
together after she moved out. No, sir, I want to shift years

867
00:55:00.360 --> 00:55:02.039
now. At some point in time
while this is going on, had you

868
00:55:02.079 --> 00:55:05.920
been had Bubba the love Sponge,
Bubba Clam, Todd Clam, whatever we

869
00:55:05.960 --> 00:55:09.199
will call him here and Heather started
talking to you about potentially having sexual relations

870
00:55:09.199 --> 00:55:15.440
with her? Yes, her there
did, And can't you tell the jury

871
00:55:15.440 --> 00:55:21.199
about how that started when they first
started talking to you about it. I

872
00:55:21.239 --> 00:55:23.519
remember when I was approached. It
was a phone call and best of my

873
00:55:23.599 --> 00:55:28.679
recollection, Bubba and Heather were together
in a car and Bubba asked me over

874
00:55:28.719 --> 00:55:31.559
the phone, Heather, he called
me who he wants in a in a

875
00:55:31.559 --> 00:55:35.239
while as a joke because that was
the name of his dog, just joking

876
00:55:35.239 --> 00:55:37.559
around as a friendly joke, and
he would say, hey, hoody.

877
00:55:37.880 --> 00:55:39.840
Heather said she wants to see you
naked, or Heather wants to have sex

878
00:55:39.840 --> 00:55:44.480
with you, or Heather wants to
see the size of your penis. And

879
00:55:44.519 --> 00:55:45.760
it started out like that, you
know, where it was kind of like

880
00:55:45.880 --> 00:55:49.239
joking around, but it was,
you know, kind of caught me off

881
00:55:49.280 --> 00:55:52.440
guard. You know, it was
very weird because I'd never been approached like

882
00:55:52.480 --> 00:55:53.679
that, and all the time I
ever knew him, you know, and

883
00:55:53.719 --> 00:55:57.840
I'd have been around him a lot
in my environment, and I just was

884
00:55:57.880 --> 00:56:00.119
not you know, caught me off
guard when they first approached me. How

885
00:56:00.119 --> 00:56:02.639
well did you know Heather? I
don't know her very well at all.

886
00:56:02.679 --> 00:56:06.639
I mean Heather, you know when
I met Heather when they first started dating.

887
00:56:06.880 --> 00:56:09.840
And then you know Bubba as a
racetrack and that he raced at East

888
00:56:09.880 --> 00:56:15.320
Bay. I saw hard East Bay. He bought a racetrack somewhere in okla

889
00:56:15.800 --> 00:56:19.280
Ocalla. I saw her there,
you know. Then I may have saw

890
00:56:19.320 --> 00:56:22.199
her at Bubba's house and Thanksgiving one
time when they invited me over. Other

891
00:56:22.239 --> 00:56:25.280
than that, I've only seen Heather
about a handful of times. Did they

892
00:56:25.280 --> 00:56:30.000
continue to talk to you about possibly
having sexual relations with Heather? They did,

893
00:56:30.039 --> 00:56:32.639
you know, continued on You got
to the point where I said,

894
00:56:32.639 --> 00:56:36.000
look, man, it's knock it
off. It's not funny, you know.

895
00:56:36.039 --> 00:56:38.079
And then it got to be such
a consistent thing it was it almost

896
00:56:38.079 --> 00:56:42.519
turned into a joke, like okay, knock it off. It was almost

897
00:56:42.519 --> 00:56:45.519
like poking at me, you know, because they would get me, get

898
00:56:45.519 --> 00:56:47.480
a response from me. So it
got to the point where it was he

899
00:56:47.480 --> 00:56:51.760
had been talked about over the phone, and even one time when I met

900
00:56:51.840 --> 00:56:53.480
Heather on the racetrack and Bubba,
you know, they joked about it in

901
00:56:53.519 --> 00:56:57.159
person where I actually thought I'd turn
into a joke. I thought, you

902
00:56:57.159 --> 00:56:59.800
know, I knew they had an
open marriage, but because we talked about

903
00:56:59.800 --> 00:57:01.079
all the radio, but I thought
with me, you know, it was

904
00:57:01.119 --> 00:57:04.920
so many times that they talked me
about it that it kind of turned into

905
00:57:04.960 --> 00:57:06.760
a joke, you know, made
fun of the ball, you know,

906
00:57:06.800 --> 00:57:08.800
make fun of the ball guy's head, or making fun of me because I

907
00:57:08.920 --> 00:57:13.400
used to be fat, or tease
me about the sex thing. So I

908
00:57:13.400 --> 00:57:16.440
actually took it as a joke for
quite a while, up to the point

909
00:57:16.480 --> 00:57:22.239
that I was did it ultimately happen? Yes, Sarah did tell the jury

910
00:57:22.239 --> 00:57:27.559
how it happened the first time that
you actually had sexual relations with Heather Clem,

911
00:57:29.400 --> 00:57:31.159
you know, his situation where a
lot of things were happening at the

912
00:57:31.199 --> 00:57:35.440
same time. You know, I
tried unsuccessfully to get back, get my

913
00:57:35.440 --> 00:57:37.679
wife to come back. You know, she verbally, over and over would

914
00:57:37.679 --> 00:57:43.719
say, fu f you. I'm
not coming back. You're too old,

915
00:57:43.960 --> 00:57:47.559
you're too slow, you don't turn
me on. I'm gonna find somebody younger.

916
00:57:49.880 --> 00:57:52.639
And it was constantly being said to
me. And I was constantly trying

917
00:57:52.679 --> 00:57:57.519
to get her to come back because
my work was up and down the East

918
00:57:57.559 --> 00:58:00.719
Coast and I try to and I
try to live in California, you know,

919
00:58:00.800 --> 00:58:02.159
I went out there and try to
make it work, flying from LA

920
00:58:02.199 --> 00:58:05.960
to New Yorker or LA to Atlanta, you know, two or three times

921
00:58:05.960 --> 00:58:08.239
a week, and I was so
worn out I couldn't see straight. So

922
00:58:08.320 --> 00:58:12.159
I was trying to get her to
come back because I was the guy that

923
00:58:12.280 --> 00:58:14.679
believed, you know, once you
put your hand on the Bible and you

924
00:58:14.760 --> 00:58:16.960
made an oath under God until death
drew's part, you know, better or

925
00:58:17.039 --> 00:58:21.159
worse. I believe. I was
real old school, and I believe that

926
00:58:21.440 --> 00:58:23.639
you should stay married. And I
always dreamed that. I always thought that

927
00:58:23.679 --> 00:58:27.320
I would, you know, not
be the guy out of all the other

928
00:58:27.360 --> 00:58:30.719
wrestlers to get to get divorced,
and I would stay married and this period

929
00:58:30.719 --> 00:58:32.960
of time would pass and she would
grow out of it and calm down.

930
00:58:34.400 --> 00:58:37.199
I figured, you know, I
kept praying it was just a rough spot,

931
00:58:37.760 --> 00:58:40.159
and just got to the point where
I unsuccessfully tried to get her back

932
00:58:40.239 --> 00:58:44.719
several times. My son wasn't a
lot of trouble. I wasn't working,

933
00:58:45.000 --> 00:58:46.920
i'd have a job, and she
basically said, I'm filing for divorce.

934
00:58:47.000 --> 00:58:51.719
I'm done, I'm not coming back. I'm filing for divorce. You know.

935
00:58:51.719 --> 00:58:53.079
All I did was called bab up
and I was just crying like a

936
00:58:53.119 --> 00:58:57.000
baby on the phone with him.
You know, I just broke down because

937
00:58:57.039 --> 00:58:59.920
if if he you know, he
knew everything, he knew what I was

938
00:59:00.079 --> 00:59:02.199
going through. I told him everything
that was going on with her, and

939
00:59:02.239 --> 00:59:06.280
he encouraged me to try to get
her back. You know, it will

940
00:59:06.320 --> 00:59:07.679
work out. And I just got
to the point where, you know,

941
00:59:07.840 --> 00:59:10.960
I was depressed. You know,
it was just I was like at a

942
00:59:12.000 --> 00:59:14.840
low point in my life. You
know that when Bubba said, hey,

943
00:59:14.880 --> 00:59:16.360
man, you know, come over
to the house, let's talk. I

944
00:59:16.440 --> 00:59:20.760
was so just so desperate I went
over there and one thing, let do

945
00:59:20.800 --> 00:59:23.119
another, and I just let my
guard down. I thought that those people

946
00:59:23.199 --> 00:59:27.000
cared about me. I felt like
I bottomed out. I felt like I

947
00:59:27.039 --> 00:59:30.480
just gave up. I just gave
up, gave in, let my guard

948
00:59:30.519 --> 00:59:32.760
down, and it just happened.
How many times were you with Heather,

949
00:59:35.480 --> 00:59:39.480
to the best of my knowledge,
three, one, two, you know,

950
00:59:39.599 --> 00:59:43.639
maybe four, But it was,
you know, it was only it

951
00:59:43.679 --> 00:59:46.159
was only place that I actually felt
safe. As crazy as that sounds,

952
00:59:46.239 --> 00:59:49.639
you know, those people made you
know, Bubba made me feel like I

953
00:59:49.719 --> 00:59:52.440
was he was my best friend.
You know, those people made me feel

954
00:59:52.440 --> 00:59:54.079
like they loved me. And as
weird as it felt, as crazy it

955
00:59:54.119 --> 00:59:57.400
sounds, at the time, it
just felt like the only thing I had.

956
00:59:57.679 --> 01:00:00.199
It was just it didn't even make
sense, but it just happened.

957
01:00:00.440 --> 01:00:02.519
If you could, without have getting
too graphic described for the jury, what

958
01:00:02.559 --> 01:00:09.440
happened when you went to Bubba's house
falling at the crutch? Well, when

959
01:00:09.480 --> 01:00:14.679
I was at Bubba's house, it
was a situation where, you know,

960
01:00:14.719 --> 01:00:16.119
I mean I was. I had
a hard time getting to the house.

961
01:00:16.159 --> 01:00:19.920
You know, I was so rattling, upset about everything. But I when

962
01:00:20.000 --> 01:00:22.719
I got to the house. It
was like a group hug. When I

963
01:00:22.760 --> 01:00:25.119
came to the front door, the
door was open, I just you know,

964
01:00:25.159 --> 01:00:29.239
pushed it open, walked in.
I'd only been to Bubba's house three

965
01:00:29.360 --> 01:00:30.679
or four times. You know,
he didn't invite me over his house,

966
01:00:30.679 --> 01:00:34.679
and I'd only been there three or
four times. A couple times to work

967
01:00:34.719 --> 01:00:37.239
out, and we had a gym
in the house a couple you know,

968
01:00:37.280 --> 01:00:39.719
one time to watch Super Bowl game, and I remember Thanksgiving, you know,

969
01:00:39.719 --> 01:00:42.840
and then when I went to the
house, I saw the door was

970
01:00:42.880 --> 01:00:45.440
cracked open, so I pushed the
door open. You know. It was

971
01:00:45.480 --> 01:00:47.400
kind of like a group hug.
And then Heather just kind of started walking

972
01:00:47.400 --> 01:00:52.000
into the bedroom and pulling my hand
and I walked with her. You felt

973
01:00:52.000 --> 01:00:55.000
really crazy. And Bubba walked in
right behind us and goes, okay,

974
01:00:55.360 --> 01:00:59.599
okay, you guys, I'm gonna
go go to my office and here's a

975
01:00:59.599 --> 01:01:01.679
condo. And Bubba handed me a
condom. And it was all of a

976
01:01:01.719 --> 01:01:05.679
sudden, it was just so weird
and so crazy. You know. My

977
01:01:05.719 --> 01:01:07.039
gul was telling me that this was
off, you know, this was wrong,

978
01:01:07.079 --> 01:01:09.400
and you know, my New Year
from the feeling I had, I

979
01:01:09.440 --> 01:01:14.559
said, Bubba you're not, Bubba, You're not You're not filming this,

980
01:01:14.679 --> 01:01:16.880
are you? And he just laughed
at lashed into me, What the hell

981
01:01:16.960 --> 01:01:20.920
is wrong with you? I'm your
FF and best friend? How dare you

982
01:01:20.960 --> 01:01:23.039
say that to me? I would
never do that to you. And it

983
01:01:23.119 --> 01:01:27.280
was just kind of like frozen me
my tracks. And that's how I ended

984
01:01:27.320 --> 01:01:30.960
up staying in that situation. I
just everything was just so surreal. I

985
01:01:30.079 --> 01:01:34.719
just that's how it was. Why
did you first hear or gain the knowledge

986
01:01:34.760 --> 01:01:37.079
that there was a tape out there? You know? You know, the

987
01:01:37.119 --> 01:01:39.119
first knowledge that I heard that there
was a tape out there was, you

988
01:01:39.159 --> 01:01:43.239
know, some still images came up
and TMZ called me and said, you

989
01:01:43.280 --> 01:01:45.360
know, hey, there's rumor there
might be a tape out there, a

990
01:01:45.400 --> 01:01:49.440
sex tape. That's the first time
I heard a rumor. Do you remember

991
01:01:49.480 --> 01:01:52.400
what year that was? Gosh,
I don't recall. Do you remember when

992
01:01:52.440 --> 01:01:55.559
you first heard that it was actually
published, that a tape was actually put

993
01:01:55.559 --> 01:02:05.000
out by Gawker? Excuse me?
Do you remember when you first found out

994
01:02:05.079 --> 01:02:09.159
that Gawker had actually put the tape
up? Yes, sir, I was.

995
01:02:09.320 --> 01:02:17.519
I was on a publicity tour for
Total NonStop Action a very small company

996
01:02:17.559 --> 01:02:22.199
that I was not wrestling for because
I can't wrestle anymore because of the injuries.

997
01:02:22.679 --> 01:02:24.079
But they had hired me because of
my name and wanted me to be

998
01:02:24.320 --> 01:02:28.599
the character of a general manager.
And you know, I really wasn't a

999
01:02:28.599 --> 01:02:31.000
general manager. It was just a
character. And they used the Hull Cogan

1000
01:02:31.119 --> 01:02:36.000
name and status to get me on
certain shows that a lot of other wrestlers,

1001
01:02:36.000 --> 01:02:37.559
you know, couldn't get on in
New York for a media swing,

1002
01:02:37.920 --> 01:02:42.480
and they had booked a media tour
months ahead of time for their biggest pay

1003
01:02:42.519 --> 01:02:45.119
per view called Pound for Glory,
and I went on Howard Stern and I

1004
01:02:45.159 --> 01:02:49.639
went on a show with Kathelee Gifford
and a lady named Hoda, you know.

1005
01:02:49.639 --> 01:02:51.880
And then in the hotel room,
I got a call from my attorney,

1006
01:02:51.920 --> 01:02:55.719
David Houston or TMZ to get on
a conference call with TMZ and they

1007
01:02:55.760 --> 01:02:58.920
confirmed, they said, you know, there was a sex tape out there

1008
01:02:58.920 --> 01:03:01.159
and we have seen it and that
so to use that as a point of

1009
01:03:01.159 --> 01:03:05.360
reference time wise, how many months
before that when you were on the Bound

1010
01:03:05.360 --> 01:03:07.880
for Glory tour, did you initially
find out from TMZ that a tape maybe

1011
01:03:07.880 --> 01:03:10.599
out there? Does that help you? Time wise? It all you meet

1012
01:03:10.679 --> 01:03:15.079
three or four years, three or
four years or months, you know,

1013
01:03:15.079 --> 01:03:17.360
I know, the skills came up
and it just started escalating. Do you

1014
01:03:17.360 --> 01:03:22.159
remember what year this was when you
first got these calls? Seven? You

1015
01:03:22.199 --> 01:03:23.800
know? It all kind of happened
around the same time. Yeah, but

1016
01:03:23.840 --> 01:03:28.280
the stuff with Heather was like years
before, like five years before, is

1017
01:03:28.320 --> 01:03:31.360
what I'm saying. Right, when
you know five or six years before,

1018
01:03:31.679 --> 01:03:35.000
right, that's kind to my point? Bound for glory was in what year?

1019
01:03:35.280 --> 01:03:44.880
Seven? Sure it wasn't twenty twelve. I'm sorry, Yes, I'm

1020
01:03:44.920 --> 01:03:49.639
confused on twenty two twelve, many
years before that it actually happened. So

1021
01:03:49.639 --> 01:03:52.679
when you get these calls, how
many years after the incident occurs after when

1022
01:03:52.719 --> 01:03:54.880
you have sexual relations with Heather or
Clem? Is it? Well? That's

1023
01:03:54.880 --> 01:03:59.480
why I'm misunderstood. It was five
or six years before. That's when this

1024
01:03:59.519 --> 01:04:01.159
whole thing popped up. I was
like, Wow, when you got the

1025
01:04:01.239 --> 01:04:03.960
first call from TMZ about the steals, what did you do? I'll call

1026
01:04:04.079 --> 01:04:08.719
my attorney, David Houston and to
find out what was going on? Did

1027
01:04:08.760 --> 01:04:11.519
you did you do an interview with
TMZ at that time? You and mister

1028
01:04:11.559 --> 01:04:14.360
Houston. Yeah, I think David, to the best of my recollection,

1029
01:04:14.440 --> 01:04:16.679
got on there and told them that
I didn't know anything about still pictures being

1030
01:04:16.719 --> 01:04:20.440
taken and that he would go after
and prosecute whoever did this illegally to me?

1031
01:04:20.760 --> 01:04:25.400
Did you find out whether any other
sites had put steals up? And

1032
01:04:25.559 --> 01:04:30.039
we found out that there were several
other you know of these sites with like

1033
01:04:30.119 --> 01:04:31.960
that, you know, with the
pornotype site that put it up. Were

1034
01:04:31.960 --> 01:04:36.159
their stories floating around before you find
out Cocker puts the video up? Were

1035
01:04:36.159 --> 01:04:40.760
people writing stories about the steals or
the existence of the tape? Yes,

1036
01:04:40.760 --> 01:04:44.119
sir? Did you sue any of
them? No? I didn't. Are

1037
01:04:44.159 --> 01:04:46.599
you used to having stories written about
you? Yes, sir, you talked

1038
01:04:46.639 --> 01:04:49.920
about why you were in New York. I guess for this TNA bound for

1039
01:04:50.000 --> 01:04:53.800
Glory. I don't know if we
talked about TNA. Could you explain to

1040
01:04:53.840 --> 01:04:57.800
the jury you know what TNA is
or was? Are they still in business?

1041
01:04:58.760 --> 01:05:04.159
Kiss is Total NonStop Action Wrestling,
And like I said, it's a

1042
01:05:04.159 --> 01:05:08.440
smaller wrestling company I was working for, and I was having a lot of

1043
01:05:08.480 --> 01:05:12.400
surgeries and stuff during that time.
You know, I had several surgeries before

1044
01:05:12.440 --> 01:05:15.639
that during that time, because it
was just a job, I could have

1045
01:05:15.719 --> 01:05:17.719
to be a general manager, you
know, I didn't have to physically wrestle,

1046
01:05:18.000 --> 01:05:21.559
because I couldn't anymore. You talked
about some of these different interviews you

1047
01:05:21.639 --> 01:05:25.039
did. I want to show one
of them to you. I will show

1048
01:05:25.039 --> 01:05:27.320
it to the jury right now,
and then we're going to talk about it

1049
01:05:27.320 --> 01:05:30.199
a little bit, if we could. Exhibit two twenty nine, whereupon a

1050
01:05:30.280 --> 01:05:33.639
video clip was played in open court
as follows Alkalgan. He's right here with

1051
01:05:33.679 --> 01:05:36.719
me tonight on Showbiz. Tonight,
Hulk Helgan, one of the greatest wrestlers

1052
01:05:36.760 --> 01:05:41.320
of all time, just got totally
sucker punched after someone leaked a sex tape

1053
01:05:41.360 --> 01:05:45.000
secretly shot of him five years ago. Obviously an incredible invasion of privacy,

1054
01:05:45.119 --> 01:05:47.159
and the Hulk is rightfully fighting back, even just going to the police to

1055
01:05:47.159 --> 01:05:50.760
get some help tracking down whoever did
this. Hulk is now with TNA Impact

1056
01:05:50.800 --> 01:05:55.159
Wrestling, seeing every Thursday on Spike
TV. For this Sunday night, it

1057
01:05:55.239 --> 01:05:58.400
is a big TNA pay per view
event with the Hulk. There's a lot

1058
01:05:58.400 --> 01:06:00.800
I want to know about that as
well. But first of all, we

1059
01:06:00.800 --> 01:06:03.079
welcome you to the show. At
this time. Thank you, It's good

1060
01:06:03.119 --> 01:06:05.480
to see you. I have to
start off by saying, not that you

1061
01:06:05.519 --> 01:06:09.360
need my sympathy, but I have
a lot of sympathy for you because you

1062
01:06:09.519 --> 01:06:12.519
endured what we all saw play out
as a very public drama years ago.

1063
01:06:12.719 --> 01:06:15.960
You went through some really, really
tough times, but you got through it,

1064
01:06:15.119 --> 01:06:17.800
and you seem to be on this
great path. You sort of stayed

1065
01:06:17.840 --> 01:06:21.519
low, you got married, and
you have been working. Yeah, and

1066
01:06:21.559 --> 01:06:25.840
then this follows in your lap.
I realize that you take responsibility for the

1067
01:06:25.880 --> 01:06:29.199
decisions you made back then, right, right, But the sex tape,

1068
01:06:29.199 --> 01:06:31.039
first finding out that it was shot, and then being released has to have

1069
01:06:31.079 --> 01:06:33.760
turned your world around. Yeah.
You know, I've been through a lot

1070
01:06:33.800 --> 01:06:38.320
of stuff and this single handley has
flipped my world more than the divorce,

1071
01:06:38.639 --> 01:06:42.039
you know, more than the eight
back surgeries when they say you're not gonna

1072
01:06:42.039 --> 01:06:45.119
walk, or my son's accident,
going to jail, and this came out

1073
01:06:45.159 --> 01:06:48.119
of nowhere. You know, Yes, I'm accountable, Yes I was the

1074
01:06:48.199 --> 01:06:51.000
guy, you know, don't You
know. Nobody wants to hear the woes

1075
01:06:51.079 --> 01:06:55.039
me story, but there is one, you know, and you know I

1076
01:06:55.119 --> 01:06:58.679
was an all time low, a
bad decision you know, these were these

1077
01:06:58.719 --> 01:07:00.719
two people were fra ends, you
know, and at the time, at

1078
01:07:00.760 --> 01:07:03.440
the end of the day, and
at the end of the day, at

1079
01:07:03.440 --> 01:07:06.599
a really weak moment, I made
a wrong decision. To be clear,

1080
01:07:06.719 --> 01:07:10.320
for some people who may not know
the whole background of this, this tape

1081
01:07:10.320 --> 01:07:12.400
was shot around five and a half
years ago. It was at a time

1082
01:07:12.400 --> 01:07:15.280
when you were still married to Linda. It was you having sex with your

1083
01:07:15.280 --> 01:07:17.119
best friends then wife. Yes,
sir, they were still married, but

1084
01:07:17.159 --> 01:07:19.360
it was all consensual. They all
said, yes, you can do this,

1085
01:07:19.480 --> 01:07:21.679
go ahead and do it. However, you didn't know it was being

1086
01:07:21.719 --> 01:07:26.280
filmed your best friend we're talking about
here, radio personality Bubba the Love Sponge,

1087
01:07:26.280 --> 01:07:28.599
who was apparently nearby. And then, from what I understand, how

1088
01:07:28.719 --> 01:07:30.800
about six months ago or so you
actually found out that this tape existed all

1089
01:07:30.840 --> 01:07:33.320
these years later, Tell me what
went through your mind when you found this

1090
01:07:33.360 --> 01:07:41.360
out. You must have been like, tape huh, Well, well,

1091
01:07:41.480 --> 01:07:44.840
you know, the whole thing sounded
crazy from my best friend's wife to say,

1092
01:07:44.840 --> 01:07:46.039
you know, I want to have
sex with you. But for you

1093
01:07:46.039 --> 01:07:49.119
know, for over two years I
said, you know, this is this

1094
01:07:49.239 --> 01:07:53.519
is crazy to the sounds you know, even though you know he's saying was

1095
01:07:53.559 --> 01:07:56.880
fine. You know they were both
you know, we're cool about it.

1096
01:07:56.920 --> 01:07:59.079
So finally I was, like I
said, at a low point where my

1097
01:07:59.119 --> 01:08:01.119
personal life was them out, I
said, okay, sure, fine,

1098
01:08:01.119 --> 01:08:03.840
And all of a sudden, I
remember saying, you're not feeling this,

1099
01:08:04.119 --> 01:08:06.840
are you? You know, with
security cameras, I'm your best friend.

1100
01:08:06.840 --> 01:08:10.280
I would never do that. And
so all of a sudden, when the

1101
01:08:10.320 --> 01:08:12.639
first pictures leaked out, I asked
my best friend and he would no,

1102
01:08:12.679 --> 01:08:15.000
I didn't have anything to do with
that, So it kind of went away.

1103
01:08:15.199 --> 01:08:17.560
So in those pictures first leaked out, who had no warning they were

1104
01:08:17.560 --> 01:08:20.640
coming out? No, no,
just out of nowhere they show up.

1105
01:08:20.680 --> 01:08:24.039
What went through your mind when that
happened? Well, I figured that it

1106
01:08:24.119 --> 01:08:27.359
was on Bubba's watch, and he's
responsible, but he swore he had nothing

1107
01:08:27.359 --> 01:08:29.960
to do with it. So if
we fast forward it today, I'm in

1108
01:08:30.000 --> 01:08:32.600
New York to talk about a wrestling
tour in a new time slot, you

1109
01:08:32.640 --> 01:08:34.600
know, and all of a sudden, before I come here, you know,

1110
01:08:34.640 --> 01:08:36.920
these things come out. So I
didn't want to be here. I

1111
01:08:38.000 --> 01:08:41.399
just want I just I wasn't going
to back out right, to be clear,

1112
01:08:41.439 --> 01:08:44.000
you were booked on the show to
talk about wrestling, yes, long

1113
01:08:44.039 --> 01:08:46.600
before any get this, yes,
sir. And so I didn't want to

1114
01:08:46.680 --> 01:08:49.439
hide with my tail between my legs, you know, I want to tell

1115
01:08:49.439 --> 01:08:53.279
the truth. So I called Bubba
and said, you're my best friend,

1116
01:08:53.319 --> 01:08:56.359
brother, you know, please tell
me because you're you got a family now,

1117
01:08:56.399 --> 01:08:58.720
you know if you did this,
because if you didn't do this,

1118
01:08:58.800 --> 01:09:01.000
I love you forever. If you
did this, we were never friends,

1119
01:09:01.520 --> 01:09:03.920
you know. He swore to me
he had nothing to do with it.

1120
01:09:04.119 --> 01:09:08.279
So I was of yesterday last night
people were calling me from TMZ saying they'd

1121
01:09:08.319 --> 01:09:11.399
heard his voice. I said,
I have to see the tape and have

1122
01:09:11.520 --> 01:09:14.319
you yet? No, I haven't, you know, I haven't been back

1123
01:09:14.439 --> 01:09:15.960
from here, you know. And
they said, it's the tail end of

1124
01:09:15.960 --> 01:09:20.119
the tape where they write down what
was said. Right now, it's transcribed

1125
01:09:20.239 --> 01:09:24.680
transcribe. Yeah. Just to be
clear, what TMZ told you was that

1126
01:09:24.720 --> 01:09:27.239
Bubba is heard at the end of
this tape talking about the tape, meaning

1127
01:09:27.279 --> 01:09:30.119
if the reports are true, he
clearly knew that this was being taped,

1128
01:09:30.680 --> 01:09:34.159
yes, And if the reports were
untrue, they said he was laughing when

1129
01:09:34.199 --> 01:09:36.520
he went up to the camera and
said, Heather, this is this is

1130
01:09:36.520 --> 01:09:41.600
our retirement before they ever turned the
camera off. And I said to Hardy,

1131
01:09:41.680 --> 01:09:43.920
the guy at TMZ, I said, you did you see the tape?

1132
01:09:44.079 --> 01:09:45.680
He said no, I didn't.
Well, I said, well,

1133
01:09:45.960 --> 01:09:47.800
I don't believe it, you know. Then the executive producers came on the

1134
01:09:47.840 --> 01:09:51.279
phone with Mike Walters and said they
saw it, right, And I said,

1135
01:09:51.319 --> 01:09:55.119
I have to see the tape.
Have you spoken with Bubba since this

1136
01:09:55.199 --> 01:09:58.239
revelation that he was on the tape? Well, I had reached out to

1137
01:09:58.319 --> 01:10:00.239
him before I came here, and
I said, you know, this is

1138
01:10:00.319 --> 01:10:02.720
full going, full blown at the
end of the day, if he did

1139
01:10:02.720 --> 01:10:05.880
it, we were never friends,
and it takes somebody that wasn't at an

1140
01:10:05.880 --> 01:10:09.920
all time low set them up,
put a camera and they and then say

1141
01:10:10.000 --> 01:10:12.600
something about money. You know,
I can't believe someone would do that to

1142
01:10:12.600 --> 01:10:15.079
another person. So that's why I'm
praying to God that there's some I've got

1143
01:10:15.119 --> 01:10:17.479
to ask you though. If it
does turn out that that is true that

1144
01:10:17.479 --> 01:10:20.520
Bubba was the person that leaked,
or that he wants I want to sign

1145
01:10:20.520 --> 01:10:24.479
out who leaked it to a separate
from that if he was aware of this,

1146
01:10:24.520 --> 01:10:26.600
as you say a legal activity of
it being taped, that he was

1147
01:10:26.640 --> 01:10:29.800
aware that this was taking place and
somehow involved. I mean, this guy

1148
01:10:29.920 --> 01:10:31.239
was your best friend. He's been
in the show defending you in the past,

1149
01:10:31.439 --> 01:10:34.319
and I'm defending him. You'd have
no choice but too Well. I

1150
01:10:34.359 --> 01:10:36.960
told my attorney, David Houston,
you know, I said, David,

1151
01:10:38.239 --> 01:10:42.399
this is something we need to find
out who everybody is now, we need

1152
01:10:42.439 --> 01:10:45.159
to find out who everybody is.
I mean, I want to know who

1153
01:10:45.199 --> 01:10:47.920
everybody is. I want to know
who's involved. You know why this happened.

1154
01:10:48.119 --> 01:10:51.159
You know why they would do this
to somebody when with my kids brother,

1155
01:10:51.520 --> 01:10:55.439
you know, thank god, my
kids have been through so much and

1156
01:10:55.520 --> 01:10:58.560
they're so old, and my new
wife, Jennifer, who is part of

1157
01:10:58.560 --> 01:11:02.119
this media or any of this.
Yeah, so, I mean, you

1158
01:11:02.159 --> 01:11:05.159
know, why would someone do that
to another person. That's why I'm still

1159
01:11:05.159 --> 01:11:09.239
holding firm that, you know,
I'm praying to God he's not involved.

1160
01:11:09.760 --> 01:11:13.119
Well, you have to realize that
if you don't do something about this,

1161
01:11:13.119 --> 01:11:16.000
this could happen to another person,
or whoever did this could do this to

1162
01:11:16.039 --> 01:11:19.399
another person, or maybe you know, there are others that this has happened

1163
01:11:19.399 --> 01:11:21.359
to already and all of a sudden, you know, they sit on a

1164
01:11:21.399 --> 01:11:25.800
tape and all of a sudden,
ten fifteen, twenty years later it shows

1165
01:11:25.880 --> 01:11:29.079
up. I mean, this happens, brother, I understand you're correct,

1166
01:11:29.239 --> 01:11:31.920
but I've been with Jennifer five years. This happened before I met her.

1167
01:11:32.800 --> 01:11:36.479
The video clip concluded, Judge.
For the record, that was defensive,

1168
01:11:36.479 --> 01:11:41.119
ghibit to twenty nine. I believe, Judge, And it's already the data.

1169
01:11:41.199 --> 01:11:45.159
That broadcast was sometime in October of
twenty twelve, ten nine, twenty

1170
01:11:45.359 --> 01:11:47.279
twelve, Judge, it's been read
into the record through it being played.

1171
01:11:47.279 --> 01:11:50.159
I assume our court reporter was taking
that down. I would offer at this

1172
01:11:50.199 --> 01:11:55.479
time the DVD and ask that it
be admitted into evidence. No objection,

1173
01:11:55.520 --> 01:12:00.840
your honor received, as we'll get
two twenty nine to twenty nine. Eight.

1174
01:12:00.960 --> 01:12:03.199
We can clean that up on the
break. Maybe it'd be good,

1175
01:12:03.600 --> 01:12:09.800
okay, Exhibit received. Mister Bullia. Do remember that interview? Ah?

1176
01:12:09.880 --> 01:12:12.479
Yeah, I do. Now,
how soon after you had found out that

1177
01:12:12.560 --> 01:12:15.359
Gacher had published this video? Were
you in that studio on Showbiz tonight?

1178
01:12:15.479 --> 01:12:18.199
Is that what it was? Yes? Sir, do you remember how many

1179
01:12:18.199 --> 01:12:21.840
hours after you had found out that
was it was like five or six hours

1180
01:12:21.920 --> 01:12:26.119
later, because I did Howard Stern
earlier in the morning at seven something,

1181
01:12:26.600 --> 01:12:29.800
and then I did the Kathy Lee
Good Morning Show, which is about eight

1182
01:12:29.840 --> 01:12:31.479
o'clock. You know, we took
a couple hours break, and that's when

1183
01:12:31.520 --> 01:12:34.840
the TMZ call came in. And
then later that afternoon, you know,

1184
01:12:34.880 --> 01:12:39.239
four or five o'clock in the afternoon, and so probably around four or five

1185
01:12:39.279 --> 01:12:42.359
hours later after I got this news, I was I went on that show.

1186
01:12:42.640 --> 01:12:44.880
I was pretty all over the place, you know, And it was

1187
01:12:44.920 --> 01:12:47.680
the same day when I found out. How did you feel? I mean,

1188
01:12:47.800 --> 01:12:51.000
I was pretty raw. I felt
I felt numb. I just you

1189
01:12:51.039 --> 01:12:54.560
know, the news had just hit
me. You know that they told me

1190
01:12:54.640 --> 01:12:57.800
that Bubbab was on the end of
the tape turning the camera saying, Heather,

1191
01:12:57.880 --> 01:13:00.840
if we ever needed retied on,
this is our retirement. And when

1192
01:13:00.880 --> 01:13:03.119
Mike Walter said he saw it and
the executive producer saw it. I remember

1193
01:13:03.199 --> 01:13:05.279
being on the phone with David Houston
and I started, you know, my

1194
01:13:05.439 --> 01:13:10.279
arms had ever done this, and
my hands started shaking violently, and I

1195
01:13:10.319 --> 01:13:13.359
got off the phone and I didn't
go into a spasm, but it was

1196
01:13:13.359 --> 01:13:15.720
one of those things where I couldn't
quit shaking and David, you know,

1197
01:13:15.720 --> 01:13:19.319
I'll finally answered the phone back after
David called me several times and he talked

1198
01:13:19.359 --> 01:13:23.479
me down because he was the only
person that I had in my life that

1199
01:13:23.560 --> 01:13:27.560
I believed loved me and actually was
just with my friend. And then that

1200
01:13:27.640 --> 01:13:30.800
interview happened that afternoon, so it's
probably four or five hours later, so

1201
01:13:30.840 --> 01:13:33.840
I was I was pretty much an
autopilot. You know, they're trying to

1202
01:13:34.159 --> 01:13:39.000
just still make sense of everything and
again just maybe to clear for the jury.

1203
01:13:39.039 --> 01:13:41.479
When you say the call from TMZ, this was the call you got,

1204
01:13:41.520 --> 01:13:43.960
not telling you about the existence of
the tape, but actually that it

1205
01:13:44.000 --> 01:13:46.960
had been put on Gawker. Is
that clear, yes, sir? Yeah,

1206
01:13:47.359 --> 01:13:50.000
yeah, well you know that was
within TMZ called and said, yes,

1207
01:13:50.039 --> 01:13:54.279
we have a tape and we've seen
it. That was the first time

1208
01:13:54.319 --> 01:13:57.399
anybody verified that they actually had a
tape and saw it. I want to

1209
01:13:57.399 --> 01:14:00.119
show you another interview. You mentioned
you were on the same tour and I

1210
01:14:00.159 --> 01:14:03.039
don't know that the host name of
that show, but these were these interviews

1211
01:14:03.039 --> 01:14:06.359
were scheduled already for your wrestling promotion, right, yeah, months ahead of

1212
01:14:06.399 --> 01:14:10.119
time. Yeah, because you have
got you know, like Howard Stern has

1213
01:14:10.159 --> 01:14:12.600
several guests. If you want to
get on his show, you know,

1214
01:14:12.600 --> 01:14:14.920
I'm good luck getting on there,
you know, because you have to do

1215
01:14:15.199 --> 01:14:17.920
schedule months in advance. It's the
same thing with Good Morning America or any

1216
01:14:17.920 --> 01:14:21.279
of those shows because all the different
TV shows and stuff trying to get the

1217
01:14:21.319 --> 01:14:26.159
talent celebrities on the show. So
it's scheduled way ahead of time. And

1218
01:14:26.199 --> 01:14:28.960
so now you're in New York and
this new topic came up right before this.

1219
01:14:29.000 --> 01:14:30.159
Did you still go on all these
shows? Yes? I did,

1220
01:14:30.640 --> 01:14:33.560
if we could judge, at this
time, we'd played Defense three zero two.

1221
01:14:33.600 --> 01:14:38.319
I think it's the same day,
October October ninth, twenty twelve,

1222
01:14:38.720 --> 01:14:42.520
where upon a video clip it's played
in open court as follows, why don't

1223
01:14:42.520 --> 01:14:45.720
you find out there was a tape? Like? What did you hear first?

1224
01:14:45.760 --> 01:14:47.000
I'd heard rumors there was a tape
of that. Yeah, and it's

1225
01:14:47.039 --> 01:14:49.000
been on the air for a while. Yeah, I got it. You

1226
01:14:49.000 --> 01:14:53.680
know, let me think for a
second. It was six months ago or

1227
01:14:53.720 --> 01:14:56.880
seven eight months ago? You know, God, who told me? Yeah?

1228
01:14:56.800 --> 01:15:00.520
Who breaks it to you? I
can't remember who told me? Do

1229
01:15:00.560 --> 01:15:02.680
you like someone calls you up and
says, hey, there's a tape of

1230
01:15:02.680 --> 01:15:06.000
you fucking Heather. No, no, no, no, that wasn't said.

1231
01:15:06.039 --> 01:15:09.159
There was your first off. I
never made a tape. I never

1232
01:15:09.159 --> 01:15:12.439
said. I swear you were not
in on this. I swear to god

1233
01:15:12.479 --> 01:15:15.880
I wasn't. Because some people have
the theory there's three theories floating about.

1234
01:15:16.600 --> 01:15:19.920
One theory is when Bubba made the
tape, he liked, that's his thing.

1235
01:15:20.159 --> 01:15:24.039
He gets off on someone. I
don't. He gets off on someone

1236
01:15:24.079 --> 01:15:27.640
fucking his wife, and he saw
that he tapes this stuff with a hidden

1237
01:15:27.680 --> 01:15:30.359
camera. That's one theory. The
other theory is that like maybe Heather and

1238
01:15:30.359 --> 01:15:33.960
Bubba were into it and that was
in the taping. And then the third

1239
01:15:34.000 --> 01:15:36.720
theory is that you were in on
it and you were like, hey,

1240
01:15:38.359 --> 01:15:41.640
let's release this fucking thing and we're
gonna make a ton of money, because

1241
01:15:42.000 --> 01:15:44.760
why would I wait six years?
I don't know, No, brother,

1242
01:15:44.800 --> 01:15:46.000
I wasn't an I swear to god, I had no idea. You know,

1243
01:15:46.359 --> 01:15:50.159
you didn't know you were being taped, no, sir, because if

1244
01:15:50.159 --> 01:15:54.680
you were being taped, also,
you wouldn't be on there talking about how,

1245
01:15:54.720 --> 01:15:57.960
hey I feel so fat, I
just ate another meal or something like

1246
01:15:58.000 --> 01:16:00.119
that you probably would be. I'm
not trying to be a really pompous ass,

1247
01:16:00.199 --> 01:16:03.279
but you know, I have to
say something right now. I'll probably

1248
01:16:03.319 --> 01:16:06.800
live to regret, you know.
You know, and this has totally up

1249
01:16:06.800 --> 01:16:10.880
been in my world. But the
situation I was in, I didn't want

1250
01:16:10.880 --> 01:16:14.000
to be overly aggressive, right because
it was my friends. Girl, you

1251
01:16:14.039 --> 01:16:18.239
know what I'm saying? Yeah,
yeah, because you know, things could

1252
01:16:18.279 --> 01:16:21.479
have been to a whole other level
and I was trying to be cool.

1253
01:16:21.520 --> 01:16:25.239
You know, Oh, well,
what do you mean? I'm not getting

1254
01:16:25.279 --> 01:16:28.760
this. He was being polite,
He was being good gentleman. Thank you,

1255
01:16:28.840 --> 01:16:31.640
Thank you, Robin. You don't
want to banger. No, you

1256
01:16:31.720 --> 01:16:34.239
did it as a well. I
you know, I wrestled guys in the

1257
01:16:34.319 --> 01:16:38.159
ring, you know, guys that
are my friends. Yeah, you guys

1258
01:16:38.159 --> 01:16:41.760
that aren't my friends. I get
really much more aggressive. I don't understand

1259
01:16:41.800 --> 01:16:44.640
what you're saying. How come I'm
not catching on, because you know I

1260
01:16:44.760 --> 01:16:46.319
was, you know, I was
just trying. What does whole cogen mean?

1261
01:16:47.560 --> 01:16:50.640
He was laid back. It was
just sort of like draining the pipes

1262
01:16:50.680 --> 01:16:55.760
as supposed to full on affair.
Yeah, he wasn't in there doing what

1263
01:16:55.840 --> 01:17:00.399
he really does what you're saying then, in other words, is your mormans

1264
01:17:00.439 --> 01:17:02.960
would have been way more intense.
Well, I'm saying anything. I'm just

1265
01:17:03.000 --> 01:17:13.680
saying. I'm just saying. It
was a bad situation. Oh, I

1266
01:17:13.720 --> 01:17:15.199
get what you're saying. Now,
you're saying when I bang a chick or

1267
01:17:15.239 --> 01:17:19.920
whatever. But I'm really into I
behave a certain way in the bedroom.

1268
01:17:20.039 --> 01:17:23.800
No, no, you know everything
was off. You know it was I

1269
01:17:23.920 --> 01:17:27.239
felt, you know, I felt
guilty about being there. You know I

1270
01:17:27.279 --> 01:17:32.680
should have. So Bubba said to
you, Hey, what's mine is yours.

1271
01:17:33.520 --> 01:17:36.439
She's up for it. Go ahead. It's not going to upset me.

1272
01:17:36.920 --> 01:17:40.560
But it does change the relationship.
And I mean that was awfully nice

1273
01:17:40.560 --> 01:17:42.800
of him and hard, I guess
in a way right in a sense,

1274
01:17:42.920 --> 01:17:45.319
well, you know I because there
are both people close friends, you know

1275
01:17:45.680 --> 01:17:49.119
right now, there was ongoing dialogue
for over two years about this, about

1276
01:17:49.159 --> 01:17:51.079
this, and I said, you
know, honestly, I just give me

1277
01:17:51.119 --> 01:17:55.039
a break. Stop. You know
you're joking. It was almost to a

1278
01:17:55.079 --> 01:17:58.279
point of being funny, right much. And when I bottomed out, you

1279
01:17:58.279 --> 01:18:00.279
know, when my whole personal life
was you know, I was in a

1280
01:18:00.319 --> 01:18:03.479
bad situation with you know, Oh, it was even before then. It

1281
01:18:03.600 --> 01:18:06.119
was just you know, i'd been
you know, this this thing is over.

1282
01:18:06.239 --> 01:18:10.199
You know, you're too old,
too slow, I'm moving on,

1283
01:18:10.359 --> 01:18:12.920
you know, it's it's it made
you feel good, right, No,

1284
01:18:13.079 --> 01:18:15.000
I wasn't that. It was just
I knew my marriage was really screwed up

1285
01:18:15.039 --> 01:18:18.439
bad, right, and i'd been
in the you know, until I went

1286
01:18:18.479 --> 01:18:23.560
through the divorce. I really didn't
believe all the stuff like that, there's

1287
01:18:23.640 --> 01:18:27.520
such a thing as verbal or mental
abuse, right. I didn't realize that,

1288
01:18:27.600 --> 01:18:30.960
you know, because plus you're the
big wrestler tape well yeah, plus

1289
01:18:31.079 --> 01:18:33.600
yeah, you know, but you
know, at the end of the day,

1290
01:18:33.760 --> 01:18:35.920
it's the you know, once I
realized, you know, what was

1291
01:18:35.960 --> 01:18:40.800
going on, I said, okay, I'm not trying to make any excuse

1292
01:18:40.840 --> 01:18:44.000
other than I was beaten down like
a dog, and you're feeling low and

1293
01:18:44.039 --> 01:18:45.640
you were looking for comfort too.
Well, I wasn't even doing that.

1294
01:18:45.760 --> 01:18:47.720
You know. My wife, you
know, it just made a decision that

1295
01:18:47.760 --> 01:18:51.319
she was going back to California and
I was at home with the racing team

1296
01:18:51.359 --> 01:18:55.199
that we had at the time,
the drifting team, right, And it

1297
01:18:55.319 --> 01:18:58.640
was just one of those things that
after a phone call, which was this

1298
01:18:58.800 --> 01:19:01.279
that and the other end with you
know and don over with F this,

1299
01:19:01.640 --> 01:19:05.079
F that, F you click.
I just you know, when Bob Bubba's

1300
01:19:05.119 --> 01:19:08.800
to say, hey, Broy,
I'm going to hang out, and it

1301
01:19:08.840 --> 01:19:10.520
was just one of those moments I
said, you know, what the hell

1302
01:19:10.520 --> 01:19:13.600
would it? Go for it?
And it was a huge, horrible decision.

1303
01:19:14.039 --> 01:19:16.680
It's totally you know, I never
dreamed a million years there would be

1304
01:19:16.680 --> 01:19:23.520
a camera in Bubba's house. The
video clip concluded, Judge that for the

1305
01:19:23.560 --> 01:19:26.600
record is defense three O two,
which will clean up with two twenty nine

1306
01:19:26.600 --> 01:19:29.800
and the next break. But we
would offer that into evidence also, okay,

1307
01:19:29.800 --> 01:19:33.520
and objections, No objection, your
honor? Who received? We'll figure

1308
01:19:33.560 --> 01:19:39.760
out the numbers later exhibits received.
First things first, how many times have

1309
01:19:39.800 --> 01:19:43.680
you been on the Howard Stern Show? You know, maybe three or maybe

1310
01:19:43.760 --> 01:19:45.920
four? Can you explain to the
jury there was obviously some graphic language,

1311
01:19:46.000 --> 01:19:50.720
Yes, sir, the way the
conversation goes was completely different than the showbiz

1312
01:19:50.800 --> 01:19:56.880
Tonight's stuff indicates affirmatively, can you
just explain to the jury what it's like

1313
01:19:56.960 --> 01:19:59.880
going on those shows, your expectations
as a guest, Well, you know,

1314
01:20:00.000 --> 01:20:01.159
Howard Stern is a show where you
have to say the good with the

1315
01:20:01.239 --> 01:20:03.840
bad. If the good part is
if you're lucky enough to get on the

1316
01:20:03.840 --> 01:20:08.520
show, it kind of predicts what
we call the New York media swing.

1317
01:20:08.760 --> 01:20:12.399
It also influences all the shows in
Los Angeles. You know, if you're

1318
01:20:12.399 --> 01:20:15.359
good enough or Howard Stern thinks you're
worthy enough to get on his show,

1319
01:20:15.640 --> 01:20:18.199
then it kind of opens up a
whole all the other doors, like Imus

1320
01:20:18.319 --> 01:20:21.479
or other people such as Wendy Williams
might take you on the show. You

1321
01:20:21.479 --> 01:20:24.560
know, if you can get on
the Howard Stern, you know, that's

1322
01:20:24.600 --> 01:20:27.960
the good part. The bad part
it is he's going to destroy you when

1323
01:20:27.960 --> 01:20:30.439
you're when you're on there, and
I already knew, you know, go

1324
01:20:30.520 --> 01:20:33.159
on the show because I've been on
there a couple of times before that he

1325
01:20:33.199 --> 01:20:36.159
just tears into you, just destroys
you. So you got to take the

1326
01:20:36.159 --> 01:20:39.720
good with the bad. And once
again, you know, Howard is like

1327
01:20:39.760 --> 01:20:43.039
Bubba, you know, the off
camera he's the nicest guy in the world

1328
01:20:43.279 --> 01:20:45.239
on America's Gonna Talent. You know, he's a different character other than the

1329
01:20:45.239 --> 01:20:48.880
Howard Stern the radio. So when
you talk in there, you know what

1330
01:20:48.960 --> 01:20:51.680
you're in for. And it was
a situation. You know, I just

1331
01:20:51.720 --> 01:20:55.800
got in the news a couple of
days before I went on this media tour

1332
01:20:55.880 --> 01:20:58.520
that I was a schedule and all
of a sudden, this whole thing with

1333
01:20:58.560 --> 01:21:01.039
Bubba's going down the tape. So
I went on there and I'm just trying

1334
01:21:01.079 --> 01:21:04.600
to explains as best I could,
thinking on my feet that this is what

1335
01:21:04.760 --> 01:21:08.560
happened with Heather. And at that
point, I was still was holding on

1336
01:21:08.640 --> 01:21:12.159
hope that Bubba did not do this
to me, knowing it proved to me

1337
01:21:12.239 --> 01:21:14.600
yet that Bubba had done this.
You know, all I knew was that

1338
01:21:14.680 --> 01:21:16.720
Gawker had put up some sex tape
up that I didn't know about, that

1339
01:21:16.800 --> 01:21:20.359
was filmed illegally, and I was
praying to God that Bubba didn't do anything

1340
01:21:20.399 --> 01:21:23.760
to do you know, hadn't didn't
have anything to do with it. So

1341
01:21:23.800 --> 01:21:26.640
I was trying to get through the
interview, hopefully get to the point where

1342
01:21:26.640 --> 01:21:29.840
I could talk about TNA, I
mean, Total nonstive Action Wrestling, Bound

1343
01:21:29.880 --> 01:21:31.279
for Glory, the reason I was
booked there anyway, you know, And

1344
01:21:31.319 --> 01:21:34.680
that's what Howard's that's what the Howard
Sterns show. It's kind of like it's

1345
01:21:34.720 --> 01:21:36.960
part it's kind of like, you
know, it's it's kind of like the

1346
01:21:38.000 --> 01:21:41.359
cost of doing business. When you're
in the entertainment business and you need to

1347
01:21:41.359 --> 01:21:44.840
go out on all these media things. You never know what questions you're going

1348
01:21:44.880 --> 01:21:46.680
to be asked. So that's why
I was there on the Howard Sterns Show,

1349
01:21:46.920 --> 01:21:49.319
and that's why the content of the
show is just so graphic and so

1350
01:21:49.479 --> 01:21:53.640
vulgar. And that's what you know, you know what you're going to get

1351
01:21:53.640 --> 01:21:55.920
there. Now, if I was
on America's Got Talent, you know,

1352
01:21:55.920 --> 01:21:59.159
America's Got Talent, Howard Sterns other
show, I'd walk on the stage and

1353
01:21:59.199 --> 01:22:00.680
say, hey, I mean,
tell you guys about Bound for Glory.

1354
01:22:00.960 --> 01:22:03.399
You know, none of that stuff
would have been talked about. But when

1355
01:22:03.399 --> 01:22:06.880
he's in the hour Stern character and
I'm there as whole Hogan as the character,

1356
01:22:08.079 --> 01:22:10.880
it's harder to address these tip situations
to get through it, and I

1357
01:22:10.960 --> 01:22:19.359
tried the best that I could.
I found out about the tape a couple

1358
01:22:19.399 --> 01:22:24.840
of days earlier. Do you remember
the time the difference the time difference between

1359
01:22:24.880 --> 01:22:28.680
the day Gawker published in those shows
October ninth and tenth, how many days,

1360
01:22:29.520 --> 01:22:31.159
Well, I don't really recall how
many days it was. It was

1361
01:22:31.199 --> 01:22:35.600
all like close per proximity. When
you got that call from the TMZ sometime

1362
01:22:35.640 --> 01:22:39.119
around these two shows. And I
will correct something you may have heard the

1363
01:22:39.159 --> 01:22:41.600
lawyers. I'll say, I think
the show biz Tonight's show was on the

1364
01:22:41.640 --> 01:22:44.680
tenth. I think you know it
was. I was there one or two

1365
01:22:44.760 --> 01:23:00.319
days. I can't remember. Wrestling
podcast with Jack JP Sorrow, he's the

1366
01:23:00.479 --> 01:23:04.840
lapst Fan wrestling podcast. Yeah,
the TMZ called what was different about that?

1367
01:23:04.960 --> 01:23:09.279
Having already known that there was a
tape out there? What did they

1368
01:23:09.359 --> 01:23:12.920
tell you that you didn't know?
Well, the TMZ told me something different.

1369
01:23:12.920 --> 01:23:15.199
You know, I knew before I
went to New York that GOACHERD put

1370
01:23:15.239 --> 01:23:19.119
up the tape. But what TMZ
called me, they confirmed my worst fears

1371
01:23:19.319 --> 01:23:23.840
at the only person that I hadn't
left, because my wife had taken off

1372
01:23:23.840 --> 01:23:27.079
with my kids at that time,
the only person I had left was this

1373
01:23:27.159 --> 01:23:30.560
camaraderie with Bubba, my friend.
And as bad as everything was and as

1374
01:23:30.600 --> 01:23:32.520
horrible as I felt about it,
and if everything was going to hell in

1375
01:23:32.560 --> 01:23:36.159
a handbag, I still held out
hope because he was telling me he did

1376
01:23:36.159 --> 01:23:39.960
not do this to me. I
mean every time I approached him and said,

1377
01:23:40.199 --> 01:23:43.720
anything all about about at all about
you know, you have got to

1378
01:23:43.720 --> 01:23:45.520
tell me. I'm going on,
Howard Stern, I'm leaving tomorrow. You

1379
01:23:45.560 --> 01:23:48.680
know I have to know Bubba this. I'm throwing myself on the firing line

1380
01:23:48.720 --> 01:23:51.760
here and throwing myself on the sword
here. You have to tell me did

1381
01:23:51.760 --> 01:23:55.039
you have anything to do with this? And he kept saying, no,

1382
01:23:55.079 --> 01:23:57.119
I didn't. I never would do
that to you. F you, how

1383
01:23:57.239 --> 01:24:00.720
dare you keep asking me? He
kept saying it so almost like I like

1384
01:24:00.800 --> 01:24:02.840
slapped me in in place to where
I went, and I fought for him,

1385
01:24:02.840 --> 01:24:05.239
and I told Howard Sternio, I
know Bubba didn't do this to me.

1386
01:24:05.399 --> 01:24:10.439
He's my best friend. I said
the same thing the very next interview

1387
01:24:10.439 --> 01:24:13.680
afterwards with Kathie Lee Gifford on Today's
Show or Good Morning America, which every

1388
01:24:13.720 --> 01:24:16.359
one it is that I refused to
believe he did this to me. He's

1389
01:24:16.399 --> 01:24:19.079
my best friend. No one would
do this to another person, No one

1390
01:24:19.079 --> 01:24:23.279
would do that. So that's what
I found out. Different we're talking about

1391
01:24:23.279 --> 01:24:38.680
the comment that he excuse me that
the discussion TMZ had with you about what

1392
01:24:38.760 --> 01:24:44.239
was on the tape, Yes,
sir, when they when they confirmed that

1393
01:24:44.279 --> 01:24:47.000
Bubba was on the tape, and
Bubba went up and turned the camera off

1394
01:24:47.359 --> 01:24:50.399
and pulled and Bubba told Heather,
this is our retirement. Heather, it

1395
01:24:50.479 --> 01:24:54.960
just it just started violently shaking.
I couldn't stop. Let me ask you

1396
01:24:55.000 --> 01:24:57.600
this, This may be a silly
question. Did you ever consent to Gawker

1397
01:24:57.720 --> 01:25:00.399
using naked images of you in a
video for any purpose? No, sir,

1398
01:25:00.439 --> 01:25:02.399
I did not. How has this
affected you, mister Balaia or it's

1399
01:25:02.439 --> 01:25:06.159
term my whole you know, my
whole world upside down? You're the main

1400
01:25:06.199 --> 01:25:10.359
things I was concerned about at the
time were my children and my new life

1401
01:25:10.359 --> 01:25:13.560
with Jennifer. You know, my
kids have been through a lot of ups

1402
01:25:13.560 --> 01:25:21.840
and downs. Objection your honor approach
at the bench. The thing about the

1403
01:25:21.840 --> 01:25:27.159
wife is off limits? What oh, yes, thank you, it's off

1404
01:25:27.239 --> 01:25:30.960
limits. As you recall, we
have a stipulation that they were not going

1405
01:25:30.159 --> 01:25:36.279
to go into that. I don't
think that's why that's Jennifer McDaniel, now,

1406
01:25:36.359 --> 01:25:40.800
Jennifer Balaia. I didn't think he
had run a foule of anything.

1407
01:25:40.840 --> 01:25:43.720
Let me just check he's not.
I don't think he's talking about their emotional

1408
01:25:43.720 --> 01:25:47.079
state he's talking about this, I
will redirect the question. Okay, thanks,

1409
01:25:47.520 --> 01:25:49.760
I will make sure he doesn't talk
about how they feel as much as

1410
01:25:49.760 --> 01:25:53.880
how he feels about them being exposed
to it. Okay, what's going on?

1411
01:25:54.199 --> 01:25:59.640
That's fine. Thank you were an
open court, mister Bala. I

1412
01:25:59.680 --> 01:26:02.079
want to what when you talk about
this. I want you to focus on

1413
01:26:02.159 --> 01:26:05.359
your feelings about the fact that your
failure was exposed to this. All right,

1414
01:26:06.319 --> 01:26:11.159
yes, sir, if you could
focus on how you feel about the

1415
01:26:11.199 --> 01:26:14.039
fact that they were exposed to this, which is what I think you were

1416
01:26:14.079 --> 01:26:15.640
saying. Yeah, yes, sir, I was. And let me ask

1417
01:26:15.640 --> 01:26:19.000
you this question. Were you humiliated
by this? I was completely humiliating.

1418
01:26:19.199 --> 01:26:23.520
My family has been through so much. My feeling was not again. You

1419
01:26:23.560 --> 01:26:27.039
know, I just completely cleaned my
life up. You know. I accepted

1420
01:26:27.119 --> 01:26:30.359
Christ as my savior when I was
fourteen years old. I drifted away from

1421
01:26:30.359 --> 01:26:32.640
that. I reaffirmed my belief.
You know, my new relationship is very

1422
01:26:32.680 --> 01:26:35.520
spiritually based. You know, when
I approached my children, I was I

1423
01:26:35.600 --> 01:26:39.960
thank God that they know who I
am. And as as hard as a

1424
01:26:40.079 --> 01:26:43.359
hit as I knew it would be, I didn't know how they would survive.

1425
01:26:43.760 --> 01:26:45.279
You know, and I was worried
about how it is going to affect

1426
01:26:45.319 --> 01:26:49.760
everything, my relationship with my children, and I thank God that they understand

1427
01:26:49.800 --> 01:26:55.520
who I am. Objection your honor, Judge, I don't overalled. I

1428
01:26:55.600 --> 01:26:58.800
understand what you're saying. Were you
ashamed? Well, I was humiliating.

1429
01:26:59.199 --> 01:27:01.279
But the thing is my life has
changed drastically. You know, I'm pretty

1430
01:27:01.319 --> 01:27:04.079
hardheaded, but I've learned, you
know, and I'm praying that you know,

1431
01:27:04.399 --> 01:27:08.119
even in this moment, I'm praying
that my new marriage stays together.

1432
01:27:08.279 --> 01:27:14.920
Might maybe approach is just on the
same issue. He is okay, overruled.

1433
01:27:15.279 --> 01:27:17.199
May I have a standing objection to
this line of testimony? No?

1434
01:27:17.600 --> 01:27:23.479
Brother? Can I Can I talk? Or what do I do? The

1435
01:27:23.560 --> 01:27:26.920
court overruled the objection just as you're
talking. Just focus on what you feel

1436
01:27:26.960 --> 01:27:34.239
about the fact. I okay that
your family was exposed without talking about what

1437
01:27:34.319 --> 01:27:45.479
they may feel and how you feel. Okay, if you understand that the

1438
01:27:45.560 --> 01:27:49.960
feeling I have is a feeling that
I know. I'm torn. My feeling

1439
01:27:50.039 --> 01:27:54.199
is torn that I don't know if
my new relationship, you know, on

1440
01:27:55.680 --> 01:28:00.199
a Terry Balaya level, is not
media based. I'm torn, So I

1441
01:28:00.199 --> 01:28:03.560
have no idea if my new relationship
in my life on a Terry Balaa level

1442
01:28:03.680 --> 01:28:25.840
is going to survive about it's not
that great? Right now? Let me

1443
01:28:27.720 --> 01:28:30.680
let me ask you this. I
mean, for people that saw the video

1444
01:28:30.720 --> 01:28:32.520
out there that don't have the benefit
of sitting as a jury and listening to

1445
01:28:32.560 --> 01:28:35.840
you, describe the difference between Terry
Ballet of the person and Hulk Cogan the

1446
01:28:35.920 --> 01:28:39.760
character. Were you embarrassed of what
it did to you as a person?

1447
01:28:41.479 --> 01:28:44.000
Well, I was embarrassed with what
it did to me as a person,

1448
01:28:44.079 --> 01:28:46.640
but he was, you know,
he was even embarrassing as a character.

1449
01:28:51.520 --> 01:29:04.800
Say it, Say it. Hulk
Hogan was embarrassed. Hulk Hogan was embarrassed.

1450
01:29:05.920 --> 01:29:11.359
Hulk Hogan was embarrassed. Brother,
Judge, if I can ament was

1451
01:29:11.399 --> 01:29:14.520
embarrassing, Judge, if I can
have a moment to confer, I think

1452
01:29:14.520 --> 01:29:16.159
we're about done, Judge. We
don't have any more questions at this point

1453
01:29:16.159 --> 01:29:19.159
in time. All right, why
don't we go ahead and take a break,

1454
01:29:19.159 --> 01:29:24.079
about a ten minute comfort break please. The jury retired from the courtroom

1455
01:29:24.119 --> 01:29:28.560
at three fifteen pm. All right, thank you. Can we discuss this

1456
01:29:28.600 --> 01:29:31.199
a bit more? Brother, Yes, mister Tcherkill, do you want to

1457
01:29:31.199 --> 01:29:35.720
approach at the bench. There is
only one of me, Judge, I

1458
01:29:35.760 --> 01:29:40.119
think you can take it. Now
there's four. Can I make three statements

1459
01:29:40.159 --> 01:29:44.880
for each of one of them?
You have got back up now, your

1460
01:29:44.920 --> 01:29:49.920
honor. This whole thing is exactly
what we are creating. It was not

1461
01:29:50.119 --> 01:29:56.640
going to be gone into. So
that that's why we didn't depose Jennifer Boleia.

1462
01:29:57.720 --> 01:30:00.640
I don't think he was telling about
Jennifer's position, her feelings. He

1463
01:30:00.680 --> 01:30:05.039
was talking about the reaction to him. During the course of discovery. We

1464
01:30:05.079 --> 01:30:09.239
told plintiff's counsel, mister Harder,
that we wanted to depose Jennifer, Nick

1465
01:30:09.279 --> 01:30:11.960
and Brooke, and they said,
no, we don't want them deposed.

1466
01:30:12.079 --> 01:30:15.640
We said, well, at his
deposition he testified that his biggest emotional distress

1467
01:30:15.680 --> 01:30:18.399
concerned his relationships with them, and
they said, we understand that we won't

1468
01:30:18.439 --> 01:30:23.279
testify about that at trial. That's
not going to be part of the damages.

1469
01:30:23.439 --> 01:30:27.800
That's this whole garden variety of emotional
distress thing. So we entered into

1470
01:30:27.880 --> 01:30:30.560
a stipulation that said we would not
depose Jennifer, we would not depose Brooke,

1471
01:30:30.760 --> 01:30:33.479
we would not depose Nick, and
he would not testify like he just

1472
01:30:33.600 --> 01:30:39.760
did. That is the agreement.
Now that's not totally accurate. The agreement

1473
01:30:39.920 --> 01:30:43.079
was that he I have it,
thank you, mister Malayah, would not

1474
01:30:43.159 --> 01:30:45.159
testify about the feelings that Brooke had, the feelings that Nick had, and

1475
01:30:45.199 --> 01:30:48.479
the feelings that Jennifer had. He
would talk about the feelings that he had

1476
01:30:48.520 --> 01:30:53.479
as a father and a husband.
He can testify that this went back and

1477
01:30:53.520 --> 01:30:56.880
forth. That's the wording that we
agreed on. He will not testify about

1478
01:30:56.920 --> 01:31:00.520
these people's emotional states, statements,
reactions out of D's facial expressions. He

1479
01:31:00.600 --> 01:31:05.359
didn't wait or any other person when
they first learned he didn't, or the

1480
01:31:05.520 --> 01:31:10.439
subsequent communications with him about the footage. Nor may he testify about the effect

1481
01:31:10.479 --> 01:31:15.000
of any publication on his relationship with
Jennifer, Nick or Brooke. That's what

1482
01:31:15.039 --> 01:31:16.840
he just said. To the contrary, I think what he just said,

1483
01:31:16.880 --> 01:31:20.960
Judge, if we're going to focus
on the probably one innocuous comment was that

1484
01:31:21.039 --> 01:31:25.239
he personally was concerned but didn't know, and he was ashamed, and that

1485
01:31:25.279 --> 01:31:27.960
was about it. And frankly,
I can promise you we're not going to

1486
01:31:28.000 --> 01:31:30.319
ask them to award damages for any
of that, nor are we going to

1487
01:31:30.439 --> 01:31:33.680
argue it. You know, he
may have in artfully said it, but

1488
01:31:33.840 --> 01:31:38.319
I don't think he violated that stipulation. He certainly didn't talk about anything up

1489
01:31:38.359 --> 01:31:43.960
to arguably thereon one potential comment,
okay, his relationship with his kids.

1490
01:31:44.039 --> 01:31:45.760
He came back to it with his
relationship with his current wife, and he

1491
01:31:45.800 --> 01:31:49.680
did it over and over again.
And this is exactly what we wanted to

1492
01:31:49.680 --> 01:31:54.159
stop in discovery because this is the
only aspect of damages that he talked about

1493
01:31:54.199 --> 01:31:58.000
in his deposition. It's just it's
completely improper. Well, and we have

1494
01:31:58.119 --> 01:32:00.840
no defense. We can't depose these
people. I don't think he mentioned anything

1495
01:32:00.840 --> 01:32:03.920
about what any of them said,
did or felt. Now. I think

1496
01:32:03.920 --> 01:32:08.840
he was totally talking about his own
response to the whole situation, right,

1497
01:32:09.159 --> 01:32:12.199
That's exactly what this says. He
may not testify about the effect of any

1498
01:32:12.239 --> 01:32:15.000
publication on his relationship with Jennifer Nick
or Brooke, but he didn't. He

1499
01:32:15.239 --> 01:32:17.640
just said he was embarrassed and ashamed
and that you know, he did say

1500
01:32:17.680 --> 01:32:20.760
he was worried about the marriage.
He did, but that was when he

1501
01:32:21.119 --> 01:32:24.720
that was when they objected. I
mean, whatever it is, it is,

1502
01:32:24.840 --> 01:32:27.600
the cat is out of the back. I don't think the cat is

1503
01:32:28.079 --> 01:32:31.359
I mean, the cat is probably
hanging out of the back I out,

1504
01:32:34.239 --> 01:32:39.720
I think of good day. You
know, if you want, if you

1505
01:32:39.760 --> 01:32:42.079
want a curative, get a curative
on it. I don't think at the

1506
01:32:42.159 --> 01:32:45.479
end of the day, unless we
try to argue it or get them to

1507
01:32:45.520 --> 01:32:47.640
award money for it, it even
matters. Anyway. We would like a

1508
01:32:47.680 --> 01:32:54.000
curative instruction. Yeah, what would
you like it to say? Can we

1509
01:32:54.079 --> 01:33:00.760
have a second judge, yes,
your honor? Yeah, what we would

1510
01:33:00.800 --> 01:33:03.279
like them a security of that specifically
tells the jury what they are supposed to

1511
01:33:03.279 --> 01:33:06.399
be focusing on. It would be
a statement reflecting his last sentence. And

1512
01:33:06.520 --> 01:33:11.079
the only thing an issue here is
plintiff's request for his regarding his own distress

1513
01:33:11.119 --> 01:33:15.560
relating to the publication. Okay,
we're fine with that. Okay. A

1514
01:33:15.680 --> 01:33:19.000
recess was taken at three twenty pm. Court call to order three thirty six

1515
01:33:19.000 --> 01:33:24.199
pm. Thank you, y'all can
be seated a few things before we bring

1516
01:33:24.239 --> 01:33:27.840
our jury if we can. We
also need to figure out the numbers of

1517
01:33:27.880 --> 01:33:30.000
the plaintiffs exhibits. We chatted and
this is what we agreed on. If

1518
01:33:30.000 --> 01:33:36.039
it's okay with you, sure,
judge, Remember we talked about at the

1519
01:33:36.159 --> 01:33:41.199
luncheon break they were. They told
us they would go through the morning tomorrow.

1520
01:33:41.560 --> 01:33:45.600
So we have some issues about exhibits, but Ken said he doesn't.

1521
01:33:45.640 --> 01:33:47.600
I'll go as far as I can
go, so we can make some headway,

1522
01:33:47.600 --> 01:33:54.000
and then we may break a little
early today today. Yeah, that's

1523
01:33:54.039 --> 01:33:57.159
fine. I will just give you. Yeah, that's fine. And then

1524
01:33:57.319 --> 01:34:00.640
we're talking about scheduling. Oh,
that's fine. I mean if this got

1525
01:34:00.640 --> 01:34:02.239
done earlier than they thought, then
they won't be ready and want to conclude

1526
01:34:02.279 --> 01:34:04.119
early. As long as the court
is fine with that, I don't have

1527
01:34:04.119 --> 01:34:08.399
any objection. That's fine. But
you think you will conclude with them today?

1528
01:34:09.199 --> 01:34:13.680
No, no, So you will
continue to the cross examination tomorrow tomorrow,

1529
01:34:14.119 --> 01:34:17.319
that's fine. Yeah, So we
probably won't start up though, until

1530
01:34:17.359 --> 01:34:25.319
like nine to fifteen. I have
a I have a wrist appointment at eight,

1531
01:34:27.000 --> 01:34:36.239
so we've already had We've already had
two witnesses on judge. Yeah.

1532
01:34:36.359 --> 01:34:39.560
Yeah, I have no complaints,
but I'm fine with that as long as

1533
01:34:39.600 --> 01:34:42.760
court is okay with it. Have
you figured out your numbering yet? Those

1534
01:34:42.760 --> 01:34:45.760
are the defense numbers, I know, but you don't see the plaintiffs move

1535
01:34:45.800 --> 01:34:48.680
in the defendants exhibits if you want
to reserve and have them move it in

1536
01:34:48.720 --> 01:34:51.920
because they don't want us to move
it in. I don't know that they're

1537
01:34:51.920 --> 01:34:56.760
going to move it in. I
have no objections to it. We're going

1538
01:34:56.800 --> 01:35:00.800
to use parts of the same,
okay. I mean the point is you

1539
01:35:00.840 --> 01:35:05.000
don't care if it moves under your
numbers. No, there is different iterations,

1540
01:35:05.000 --> 01:35:08.199
and what we probably did is they
have that clip, so we don't

1541
01:35:08.199 --> 01:35:10.920
need to make a duplicate of it. So we'll just use theirs. Right,

1542
01:35:10.960 --> 01:35:15.760
that's fine, Like what you said
the first one something A we have

1543
01:35:15.800 --> 01:35:19.439
an A. Right, we'll sort
it out tonight. Yeah, yeah,

1544
01:35:19.520 --> 01:35:24.439
well do you or I could just
move it under the defense numbers if there

1545
01:35:24.479 --> 01:35:28.319
is no objection to that, and
it's just for the clerk's purposes. I've

1546
01:35:28.359 --> 01:35:31.279
already talked to Randy about it.
Oh you're dead. We'll just going to

1547
01:35:31.319 --> 01:35:34.359
replace the originals in their files,
and then if they want to use another

1548
01:35:34.359 --> 01:35:38.239
portion of three O two just added
in as a that's segment three O two

1549
01:35:38.239 --> 01:35:42.479
A three or three. Brother.
See, we may we have already got

1550
01:35:42.560 --> 01:35:45.760
like a three O two A.
So we'll work this out, well,

1551
01:35:45.840 --> 01:35:48.439
working out, we're working out the
problem is that you mentioned it in your

1552
01:35:48.479 --> 01:35:54.239
case. I mean, normally you're
not supposed to do with these videos discussion

1553
01:35:54.359 --> 01:36:05.880
off the record. We're talking about
your exhibit numbers. So he's um.

1554
01:36:06.600 --> 01:36:10.600
He suggested what I felt was a
good idea, which is that they have

1555
01:36:10.680 --> 01:36:14.199
the I presently have the truncated versions
of all these things, if you just

1556
01:36:14.239 --> 01:36:16.319
don't want to substitute the one that
actually needs to be used in court for

1557
01:36:16.359 --> 01:36:20.800
that one and return your arriving to
you when I would add that in well,

1558
01:36:20.840 --> 01:36:24.239
markets plaintiffs, whatever your last numbers
are, I sort of. I

1559
01:36:24.680 --> 01:36:28.039
think that's a clear idea of plaintiff
moving in their own exhibits, Okay,

1560
01:36:28.560 --> 01:36:31.880
otherwise the numbering system is going to
be literally screwed up. I've been working

1561
01:36:31.880 --> 01:36:35.840
for the last two hours, can
you. I don't know, okay,

1562
01:36:36.119 --> 01:36:39.199
So they will figure it out over
the night and tell you tomorrow morning.

1563
01:36:39.239 --> 01:36:43.920
Is that okay, Randy? Yes? Well, I think the problem is

1564
01:36:43.920 --> 01:36:47.399
the defendants also have some a's and
the bees and those separately. So we

1565
01:36:47.439 --> 01:36:50.359
want to make sure that the plaintiff
is not moving in the defendant's as maybe

1566
01:36:50.359 --> 01:36:55.560
they already had their own A.
We'll sort it out. Then we'll sort

1567
01:36:55.600 --> 01:36:57.680
it out tonight and then we'll figure
it out. We'll announce it tomorrow.

1568
01:36:57.960 --> 01:36:59.960
It's in the record. This is
just like we'll get it to them,

1569
01:37:00.119 --> 01:37:01.840
I promise you, yes. But
it ends up being an additional issue because

1570
01:37:01.840 --> 01:37:05.039
the media are wanting the exhibits,
and I have told them that they're not

1571
01:37:05.039 --> 01:37:08.960
going to get the exhibits from prior
to because they're coming to the clerk wanting

1572
01:37:08.960 --> 01:37:11.239
all the exhibits. I said,
no, they're not moved into evidence.

1573
01:37:11.239 --> 01:37:14.399
So no, the media is not
getting all the exhibits before they have been

1574
01:37:14.399 --> 01:37:16.600
moved it. So just from there
was a whole other party here. Okay,

1575
01:37:16.640 --> 01:37:20.000
we'll figure it out in open court. Okay, thank you. And

1576
01:37:20.039 --> 01:37:25.520
who is doing the cross I am. Okay, let's go ahead and bring

1577
01:37:25.520 --> 01:37:30.000
out jury, please, yes,
Judge. The jury returned to the courtroom

1578
01:37:30.000 --> 01:37:34.119
at three forty two pm. All
right, thank you very much. Everybody

1579
01:37:34.119 --> 01:37:38.319
can be seated, so, ladies
and gentlemen of the jury. Two.

1580
01:37:38.399 --> 01:37:43.439
I also want to instruct you that
you're only to consider evidence of the plaintiff's

1581
01:37:43.479 --> 01:37:47.239
own distress relating to the publication of
the sex videotape. All right, go

1582
01:37:47.279 --> 01:37:55.720
ahead, mister Sullivan. Thank you, Uranana good afternoon, mister Blaya,

1583
01:37:55.880 --> 01:38:00.880
brother, good afternoon. What I
would like to do is talk with you

1584
01:38:00.960 --> 01:38:04.199
about a little more about your relationship
with Bubba the Love Sponge. All right,

1585
01:38:05.359 --> 01:38:09.880
yes, sir, all right.
Now, you've known Bubba over ten

1586
01:38:10.000 --> 01:38:13.800
years correct, Yes, sir,
and you were best friends until October of

1587
01:38:13.840 --> 01:38:16.920
twenty twelve, right around that time, yes, sir, okay. And

1588
01:38:16.960 --> 01:38:20.600
when you were best friends, Bubba
the Love Sponge was as closer closer than

1589
01:38:20.640 --> 01:38:25.600
a family member, correct over time, yes, sir, all right.

1590
01:38:25.880 --> 01:38:29.119
And when you were best friends,
you would have done anything for him?

1591
01:38:29.159 --> 01:38:32.640
Correct? No, I would have
done almost anything. Yes, all right.

1592
01:38:33.079 --> 01:38:35.520
You did pretty much everything he asked, didn't you. Well, I

1593
01:38:35.520 --> 01:38:41.079
don't recall if I did everything he
asked. Okay, you love Bubba unconditionally,

1594
01:38:41.079 --> 01:38:43.880
correct, Yes, sir, okay. And you considered him like a

1595
01:38:43.960 --> 01:38:45.079
younger brother, didn't you. Well? Oh you know, I tried not

1596
01:38:45.119 --> 01:38:48.279
to think him as a younger brother. I consider him a friend. Okay,

1597
01:38:48.359 --> 01:38:51.039
all right, Brother, you felt
you knew Bubba? Well? Is

1598
01:38:51.039 --> 01:38:55.399
that fair to say? Yeah?
It was very fair. Okay. You're

1599
01:38:55.439 --> 01:38:58.600
the best man at his wedding,
right, yes, sir, godfather to

1600
01:38:58.680 --> 01:39:01.359
was a son. Yes, all
right, let's shift a focus now slightly.

1601
01:39:01.640 --> 01:39:04.159
Now, Bubba, as we all
know from the past few days,

1602
01:39:04.520 --> 01:39:09.920
is a radio personality in this community, isn't he Bubba loves Bun, Yes,

1603
01:39:09.960 --> 01:39:14.239
sir, he is now. Before
October twenty and twelve, if you

1604
01:39:14.359 --> 01:39:16.840
used to appear on Bubba's radio show, didn't you, Yes, sir,

1605
01:39:17.399 --> 01:39:20.279
all right? And you frequently were
a guest on the show. Sometimes you

1606
01:39:20.279 --> 01:39:24.520
would appear in person, right,
yes, sir, But in fannas the

1607
01:39:24.640 --> 01:39:28.680
personal appearance as well, it was
about five I think you said between five

1608
01:39:28.760 --> 01:39:30.600
and ten times in person. Oh
yes, in person maybe five, you

1609
01:39:30.600 --> 01:39:33.960
know, not more than ten,
I wouldn't think so, okay. You

1610
01:39:34.000 --> 01:39:36.560
also would appear in his show by
calling in, right, yes, sir,

1611
01:39:38.000 --> 01:39:41.479
And in those instances I think you
told us before that there were between

1612
01:39:41.520 --> 01:39:45.279
fifty and a hundred times that you
called in on the radio. Right You're

1613
01:39:45.680 --> 01:39:49.439
more or less yes, sir.
Now, having you appear on Bubba's show

1614
01:39:49.439 --> 01:39:53.720
helped Bubba broaden his audience, didn't
it well? In my opinion? Having

1615
01:39:53.840 --> 01:39:56.920
Hulk Hogan on the show, I
think brought more of an awareness to his

1616
01:39:56.920 --> 01:40:00.720
show, especially when he changed from
local radio to series which is nationwide.

1617
01:40:00.000 --> 01:40:03.319
Okay, and at the same time, in fanness, it was for your

1618
01:40:03.399 --> 01:40:05.880
career to be on Bubba's show.
It is good for your career at that

1619
01:40:06.000 --> 01:40:10.319
time. It was not a negative. Okay, well, let's put it

1620
01:40:10.359 --> 01:40:14.119
this way. Once Bubba was on
serious radio, hearing you on the radio

1621
01:40:14.239 --> 01:40:17.399
helped create awareness of Hulk Hogan beyond
just the wrestling world. Is that fair

1622
01:40:17.479 --> 01:40:20.680
to say? Well, you know
my opinion, I'm sure his serious radio

1623
01:40:20.760 --> 01:40:26.039
show reached some people that may not
have watched wrestling. Okay, I'm pretty

1624
01:40:26.039 --> 01:40:29.439
sure most of the people that have
hurt serious new hul Hogan, but it

1625
01:40:29.520 --> 01:40:32.680
may not have drawn a different demo
demograph again, all right. And by

1626
01:40:32.680 --> 01:40:36.960
appearing on Bubba's radio show, that
also gave you a platform when you wanted

1627
01:40:38.000 --> 01:40:42.279
to speak out on some issue,
correct, all right, could be you

1628
01:40:42.319 --> 01:40:45.039
know, could be a platform,
yes, sir. Okay. So for

1629
01:40:45.079 --> 01:40:47.920
example, when you were going through
kind of tough times with various issues like

1630
01:40:48.239 --> 01:40:53.439
with the ex wife, there was
that episode where there were too many animals,

1631
01:40:54.600 --> 01:40:57.520
that thing in bell Air. He
allowed you to speak out on that,

1632
01:40:57.600 --> 01:41:00.239
right, Oh, yes, they're
always an as whole hog okay,

1633
01:41:00.399 --> 01:41:05.279
a character, right, and he
would allow you to use his show to

1634
01:41:05.399 --> 01:41:10.079
voice your side of this story,
wouldn't he? Yes, sir okay.

1635
01:41:10.279 --> 01:41:13.319
Now, when you and Bubba were
friends, he supported you, didn't he.

1636
01:41:14.560 --> 01:41:18.319
Now? What were you talking about? Well, when you were going

1637
01:41:18.319 --> 01:41:21.760
through the tough times with your wife
Linda, he supported you there, didn't

1638
01:41:21.800 --> 01:41:24.720
he? Oh? Yes, sir, he was a good support. You

1639
01:41:24.760 --> 01:41:26.880
know, he was on my side, yes, sir? All right,

1640
01:41:27.119 --> 01:41:30.079
when you were going through the divorce
with Linda, he was a supporter for

1641
01:41:30.159 --> 01:41:32.359
you there as well, right,
yes, sir, okay. He also

1642
01:41:32.479 --> 01:41:36.479
beyond that, he supported you by
helping your daughter Brook's career. Didn't he

1643
01:41:36.319 --> 01:41:39.640
know? He was the one that
actually took her to a studio the first

1644
01:41:39.680 --> 01:41:43.479
time to record her voice okay.
And he also used his program to promote

1645
01:41:43.479 --> 01:41:45.680
her album, didn't he? Yes? You know he would let me call

1646
01:41:45.720 --> 01:41:48.479
in and talk about her album on
her or her video. Okay. During

1647
01:41:48.479 --> 01:41:51.840
that period when you and Bubba the
Love Sponge were close friends, would you

1648
01:41:51.880 --> 01:41:55.680
talk frequently? Right? During that
time, we would talk frequently, yes,

1649
01:41:55.720 --> 01:41:58.840
sir okay. And when you were
in town, you typically would see

1650
01:41:58.880 --> 01:42:00.520
each other pretty much every day,
right, Well, it was not consistent,

1651
01:42:00.640 --> 01:42:02.840
you know. There may be a
week where I would see him three

1652
01:42:02.920 --> 01:42:05.479
or four times. A week,
and then there were you know, maybe

1653
01:42:05.520 --> 01:42:09.760
a week where you know, a
change depending on a schedule. Okay,

1654
01:42:09.920 --> 01:42:13.079
The Serious Show put extra stress on
him because he had to do a radio

1655
01:42:13.119 --> 01:42:15.800
show or two shows a day,
so it changed things. Instead of working

1656
01:42:15.840 --> 01:42:18.279
four hours a day, he was
pretty much on the radio eight hours a

1657
01:42:18.359 --> 01:42:20.920
day. So it'll changed a lot
of stuff. Okay, all right,

1658
01:42:21.159 --> 01:42:24.960
let's shift a focus slightly again.
At this point, you're no longer best

1659
01:42:24.960 --> 01:42:30.880
friends with Bubba Love Sponge, correct. Okay? Is that correct right now?

1660
01:42:30.159 --> 01:42:32.239
Yes, sir? No, No, he's not my friend, no,

1661
01:42:32.319 --> 01:42:35.039
sir, okay, and you no
longer speak right, No, sir,

1662
01:42:35.079 --> 01:42:38.199
I do not. Okay, but
you miss him, don't you.

1663
01:42:38.560 --> 01:42:41.119
Well, I missed the guy I
thought he was. I missed the guy

1664
01:42:41.159 --> 01:42:44.239
I thought loved me and I thought
he was my friend. I missed that

1665
01:42:44.279 --> 01:42:47.000
guy. I don't miss him the
guy I know who he is. Now.

1666
01:42:47.399 --> 01:42:50.199
Okay, you missed talking to him, don't you not anymore? No,

1667
01:42:50.319 --> 01:42:54.279
sir, no, no, you
know I miss hanging out with him.

1668
01:42:54.479 --> 01:42:56.560
Your things has changed a lot in
my life, so you know I

1669
01:42:56.600 --> 01:42:59.840
have our new relationship or I spend
most of my time with that person.

1670
01:43:00.239 --> 01:43:02.720
All right, Now, after the
still photographs. We're going to talk about

1671
01:43:02.720 --> 01:43:06.119
one of the things he discussed with
mister Turkle. After the still photographs from

1672
01:43:06.119 --> 01:43:09.800
the tape were published in April of
two thousand and twelve, you stayed friends

1673
01:43:09.800 --> 01:43:12.359
with Bubba the Love Sponge, right, yes, sir? Okay, You

1674
01:43:12.439 --> 01:43:15.399
still contrasidered him at that point in
time, April of two thousand and twelve,

1675
01:43:15.439 --> 01:43:16.880
to be a best friend, right, Oh, yes, sir,

1676
01:43:16.920 --> 01:43:19.840
because he said that he had nothing
to do with the still photographs, right.

1677
01:43:19.920 --> 01:43:24.239
Exactly after you saw one of those
grainy photographs, you had a face

1678
01:43:24.279 --> 01:43:26.880
to face conversation with the Bubba at
the studio, didn't you, Yes,

1679
01:43:26.880 --> 01:43:29.359
sir, all right, and you
asked him if he had anything to do

1680
01:43:29.399 --> 01:43:30.960
with this, right, yes,
sir, all right? And he swore,

1681
01:43:31.079 --> 01:43:32.920
he swore to you that he had
nothing to do with this, right,

1682
01:43:33.239 --> 01:43:35.600
yes, sir. And he cussed
you like a dog, didn't he.

1683
01:43:35.800 --> 01:43:39.279
Oh? Maybe not the first time, but I know the second or

1684
01:43:39.319 --> 01:43:42.920
third time I asked him, you
get very nasty about it. Well,

1685
01:43:42.920 --> 01:43:45.039
he cussed you for a doubt in
him, didn't he, Yes, sir,

1686
01:43:45.119 --> 01:43:46.239
he didn't, okay, And he
told you, he said, well,

1687
01:43:46.279 --> 01:43:48.720
I'm your best friend, right,
yes, sir, he did,

1688
01:43:49.000 --> 01:43:51.239
and he told you he said I'd
never do that to you, didn't he?

1689
01:43:51.880 --> 01:43:54.840
Yes? Or he didn't say that? All right? And you believed

1690
01:43:54.880 --> 01:43:57.680
him, didn't you? Yes,
you're add Okay. Now let's move forward

1691
01:43:57.720 --> 01:44:00.560
in time yet again. Let's focus
on October two thousand twelve, to be

1692
01:44:00.600 --> 01:44:04.520
precise, October fourth to twenty twelve, which is when Gauka posted the video

1693
01:44:04.600 --> 01:44:09.359
right that video excerpt in the commentary
that we saw this morning during the opening,

1694
01:44:09.399 --> 01:44:13.319
Okay, focus on that after Gauka
posted that you confronted Bubba again,

1695
01:44:13.359 --> 01:44:15.119
didn't you? Yes? I did, and you asked him face to face

1696
01:44:15.159 --> 01:44:17.880
whether he filmed you, and he
lied, didn't He? He lied more

1697
01:44:17.880 --> 01:44:21.760
aggressively, more adamantly, because when
the video was released, my whole world

1698
01:44:21.880 --> 01:44:26.119
changed. He would flip my world
upside down. And I was desperate to

1699
01:44:26.159 --> 01:44:29.720
know if he did this because my
whole life had changed. Okay. My

1700
01:44:29.840 --> 01:44:31.680
question was he lied to you,
right yes, sir? Okay? And

1701
01:44:31.760 --> 01:44:34.319
you asked him man to man whether
he filmed you, and he lied to

1702
01:44:34.319 --> 01:44:39.079
you, right yes, sir?
He did all right? And you looked

1703
01:44:39.119 --> 01:44:42.159
him right me aye, and he
lied to you right yes, sir?

1704
01:44:42.560 --> 01:44:45.359
Okay? So you said to him, is my best friend. I need

1705
01:44:45.439 --> 01:44:47.720
you to tell me the truth.
And despite that, he lied right to

1706
01:44:47.720 --> 01:44:51.079
your face, didn't he? Yes, sir, he did, okay?

1707
01:44:51.079 --> 01:44:55.039
And at that time you believed Bubba
completely didn't Yet at the time I believed

1708
01:44:55.079 --> 01:44:58.359
him completely? Okay, there was
no reason not to. All right.

1709
01:44:58.520 --> 01:45:00.960
You couldn't tell he was lying,
yet I could not. He was convincing,

1710
01:45:01.079 --> 01:45:03.760
wasn't he. Well, he made
me believe that he's my best friend

1711
01:45:03.880 --> 01:45:06.399
and he would never lie to me? All right? And he seems sincere

1712
01:45:06.439 --> 01:45:10.680
didn't he? Yes? You did? Okay, he seemed completely honest at

1713
01:45:10.680 --> 01:45:12.800
that time, right, yes,
sir, he did? Brother? All

1714
01:45:12.880 --> 01:45:15.520
right? Now, as well as
you knew Bubba best friend ten years,

1715
01:45:15.520 --> 01:45:17.880
you couldn't tell he was lie until
you could yet I could not. Okay,

1716
01:45:17.960 --> 01:45:20.199
as close as you were, you
couldn't tell, right, No,

1717
01:45:20.439 --> 01:45:24.439
sir, would you agree that Bubba
love Sponge is a pretty good liar?

1718
01:45:25.520 --> 01:45:29.560
All right? Now, let's shift
that focus yet again. Now you have

1719
01:45:29.640 --> 01:45:32.479
testified that you had no knowledge that
you would be in when you were having

1720
01:45:32.520 --> 01:45:36.520
those sexual encounters with Heather. You
testified that you had no knowledge you were

1721
01:45:36.560 --> 01:45:45.239
being recorded, right, Yes,
sir, okay, did Buba any time

1722
01:45:45.279 --> 01:45:47.199
tell you anything like, look,
you could only have sex with Heather if

1723
01:45:47.199 --> 01:45:49.640
you let us record this. Did
he ever say anything like that, No,

1724
01:45:49.760 --> 01:45:54.479
sir, he did not. Okay
for her pot. Did Heather ever

1725
01:45:54.520 --> 01:45:58.000
say to you anything like, listen, we can only have sex if Bubbas

1726
01:45:58.479 --> 01:46:00.640
is able to record this anything like
that. No, sir, I never

1727
01:46:00.640 --> 01:46:03.920
had that conversation with Heather. Okay, as I understand it. Yet,

1728
01:46:04.079 --> 01:46:10.479
you have said you never noticed security
cameras in Bubba's house. Right, No,

1729
01:46:10.600 --> 01:46:13.760
I never noticed security cameras in Bubba's
house. Okay, that is your

1730
01:46:13.760 --> 01:46:15.760
testimony you would call giving a deposition
in the case a couple of years ago.

1731
01:46:18.199 --> 01:46:21.399
To the best of my recollection,
I remember saying Bubba had security cameras.

1732
01:46:21.520 --> 01:46:25.159
No, no, sir, you
told us you never noticed the security

1733
01:46:25.159 --> 01:46:27.319
cameras. That's what you told us
in the deposition. Right. Well,

1734
01:46:27.520 --> 01:46:30.800
the deposition I recall was a deposition
that related to the bedroom where I said

1735
01:46:30.920 --> 01:46:34.600
I've never noticed security cameras. Yeah, okay, I may have confused you

1736
01:46:34.680 --> 01:46:38.199
well a little bit, yes,
sir, okay, all right now,

1737
01:46:38.399 --> 01:46:45.239
and I take it, and I
take it you said that Bubba never pointed

1738
01:46:45.239 --> 01:46:48.319
out a security cameras to you.
Right when I said that I was talking

1739
01:46:48.359 --> 01:46:51.199
about pointing at you know, I
think it was in reference to the bedroom.

1740
01:46:51.399 --> 01:46:55.359
You know, you're confusing me again. And I'm pretty sure the deposition

1741
01:46:55.399 --> 01:46:59.479
you're talking about if you read the
paragraph before, I'm pretty sure. And

1742
01:46:59.560 --> 01:47:00.640
I had to do the bedroom dude. Yeah, let me do this.

1743
01:47:00.760 --> 01:47:03.159
Let's just to clear this up in
fantas to you. Do you have a

1744
01:47:03.159 --> 01:47:05.520
bind or have deaf positions up there? If you want to read along?

1745
01:47:06.479 --> 01:47:09.479
Man, Okay, I can.
I'll give you that. I can give

1746
01:47:09.520 --> 01:47:12.399
you that if that is helpful.
I can also read it whatever you but

1747
01:47:12.520 --> 01:47:14.920
prefer I'm happy to do any of
that. I would love to have both,

1748
01:47:15.039 --> 01:47:19.000
brother, if possible. Okay,
may I approach your honor? Yeah,

1749
01:47:19.560 --> 01:47:24.199
thank you your worm I reading,
dude. I will show you.

1750
01:47:24.840 --> 01:47:28.439
These are tabbed because there are multiple
days. So I'll give you the volume,

1751
01:47:28.560 --> 01:47:30.960
okay, and then a page number. Okay, all right, thank

1752
01:47:31.000 --> 01:47:34.359
you? Sure? Okay, sir, if you can leave a volume two,

1753
01:47:34.600 --> 01:47:39.239
page two fifty eight, lines five
through seven and see if this refreshes

1754
01:47:39.279 --> 01:47:42.640
your recollection five through seven, Yes, sir, two fifty eight, five

1755
01:47:42.680 --> 01:47:45.279
through seven, Okay, Part me
in fantas. Let's go two through seven.

1756
01:47:45.319 --> 01:47:48.279
All right, The question was asked, and how many times would you

1757
01:47:48.319 --> 01:47:53.119
say that you have been in Bubba's
bedroom? Answer no more than three.

1758
01:47:53.399 --> 01:47:58.359
Question did you ever notice security cameras
in Bubba's house? Answer no? Question

1759
01:47:58.640 --> 01:48:01.720
Did Bubba ever point his cameras out
to you? Answer never? Do you

1760
01:48:01.760 --> 01:48:04.479
see that? Yes? I do? Okay, And then you say,

1761
01:48:04.560 --> 01:48:08.920
let's continue one just for complete this
question at line ten. Did Bubba,

1762
01:48:09.000 --> 01:48:12.119
I assume, therefore, the Bubba
never explained to you how the security cameras

1763
01:48:12.159 --> 01:48:14.880
worked. Answer? I never knew
he had cameras. Do you see that?

1764
01:48:15.640 --> 01:48:17.520
Yes, sir, But you know
that was in reference to line two.

1765
01:48:17.800 --> 01:48:19.319
You know, there was a whole
you know, he was a whole

1766
01:48:19.319 --> 01:48:23.520
train of thought I was on.
I thought you were talking about Bubba's bedroom.

1767
01:48:23.800 --> 01:48:27.680
Right. The line two says how
many times have you been in Bubba's

1768
01:48:27.720 --> 01:48:30.840
bedroom? I said, no more
than three? And then you talked about

1769
01:48:30.880 --> 01:48:32.840
the house, okay, in Bubba's
house, right, you know, I

1770
01:48:32.880 --> 01:48:36.039
thought we were talking about the bedroom
in the house. That's my train of

1771
01:48:36.079 --> 01:48:39.000
thought, you know. And then
I said, you know, I never

1772
01:48:39.079 --> 01:48:42.119
knew you had cameras, and my
whole train of thought was about the bedroom.

1773
01:48:42.239 --> 01:48:45.119
You know, we talked about the
bedroom Bubba's house at that point right

1774
01:48:45.159 --> 01:48:48.159
now, in my opinion of what
I'm reading here now, did Bubba tell

1775
01:48:48.199 --> 01:48:51.479
you that it is that following his
child custody dispute, his agent, mister

1776
01:48:51.560 --> 01:48:57.239
Bean brother you're familiar with, mister
Bean told him that he should put security

1777
01:48:57.279 --> 01:49:00.560
cameras about dude. What never?
Okay, didn't tell you that? All

1778
01:49:00.640 --> 01:49:03.680
right? You know I was his
best friend. He would have told me

1779
01:49:03.760 --> 01:49:08.319
something like that, okay, and
you would remember that if he told me,

1780
01:49:08.359 --> 01:49:11.000
I would have remembered that. All
right. Now, let's look at

1781
01:49:11.000 --> 01:49:14.319
Defendants Exhibit three oh six. And
this is a clip I'm ext I'm sorry.

1782
01:49:15.079 --> 01:49:16.560
What am I looking for now?
I'm going to show you a clip

1783
01:49:16.560 --> 01:49:19.600
on one of those programs. Oh, I'm sorry, I apologize and you're

1784
01:49:19.640 --> 01:49:23.199
on I Just so the record is
clear for the court and the jury.

1785
01:49:23.199 --> 01:49:26.600
This is Defendants Exhibit three oh six. It's a clip of an appearance,

1786
01:49:26.640 --> 01:49:29.880
mister Balaia, that you made in
October tenth, twenty twelve, on the

1787
01:49:29.880 --> 01:49:33.119
Serious x SIM wrestling show Busted Open. Okay, all right, you're familiar

1788
01:49:33.159 --> 01:49:35.800
with that wrestling show, Busted Open. No, not really. I mean,

1789
01:49:35.800 --> 01:49:40.159
there's so many of them, there's
hundreds of them. Can't remember.

1790
01:49:40.319 --> 01:49:43.119
All right, let's see, maybe, let's see if this is a refresh

1791
01:49:43.119 --> 01:49:45.760
your recollection. Do you recall appearing
as part of your media tour in October

1792
01:49:45.800 --> 01:49:48.960
of twenty and twelve? Do you
recall appearing on that program, that serious

1793
01:49:49.039 --> 01:49:51.680
radio program? No, sir,
you know when when you go into the

1794
01:49:51.680 --> 01:49:55.640
Serious Building in New York, you
can be in the serious building for two

1795
01:49:55.720 --> 01:49:59.279
or three hours, which I usually
would do, and I would do thirty

1796
01:49:59.399 --> 01:50:06.760
or forty radio shows. Will you
go into the Serious Building in New York?

1797
01:50:06.800 --> 01:50:10.439
You can be the serious building for
two or three hours, which I

1798
01:50:10.520 --> 01:50:14.720
usually would do, And how would
you like thirty or forty radio shows?

1799
01:50:14.920 --> 01:50:17.760
So I don't know which radio show
was busted open in the Serious Building?

1800
01:50:17.760 --> 01:50:20.439
I'm sorry? All right, fair
enough, let's see if this were a

1801
01:50:20.479 --> 01:50:25.800
fresher recollection, Tim, if you
could play the clip? Whereupon an audio

1802
01:50:25.800 --> 01:50:30.159
clip was played in open court as
follows as promised, A great hull co

1803
01:50:30.359 --> 01:50:32.479
get in the studio. First off, I want to say, how thank

1804
01:50:32.520 --> 01:50:36.119
you for agreeing to come and sit
down with us after all these things that

1805
01:50:36.159 --> 01:50:40.359
are swirling around in the media right
now, and I just want to say

1806
01:50:40.399 --> 01:50:43.319
thank you, and it's got to
be a tough time right now for you

1807
01:50:43.399 --> 01:50:45.560
and your family. Well, it's
kind of like I walked into another safe

1808
01:50:45.600 --> 01:50:56.560
zone right here. Audio clip included. Now concluded, Now, mister Belaya,

1809
01:50:57.199 --> 01:51:01.359
do you recognize your voice in that
program? What I mean definitely sounds

1810
01:51:01.399 --> 01:51:05.039
like me. Okay, that's whole
Hogan. Okay, fair enough. Do

1811
01:51:05.079 --> 01:51:10.119
you have any reason to believe that
that's not you on that program in October

1812
01:51:10.159 --> 01:51:12.880
tenth? Well, if you're telling
me that's a radio show, a wrestling

1813
01:51:13.000 --> 01:51:15.600
radio show and as serious, and
you're telling me that that's me and it

1814
01:51:15.680 --> 01:51:18.920
sounds like my voice, I have
no reason to believe you at this point.

1815
01:51:20.279 --> 01:51:24.319
All right, okay, Tim,
if you could play the second clip,

1816
01:51:25.000 --> 01:51:28.159
whereupon an audio clip was played in
open court as follows. I even

1817
01:51:28.239 --> 01:51:30.279
ask you, because I know you
have security cameras in your house, you're

1818
01:51:30.319 --> 01:51:35.600
not filming this, are you?
Audio clip concluded. Okay, could you

1819
01:51:35.600 --> 01:51:39.840
hear that? Yes, sir?
Okay, so you asked, Bubba,

1820
01:51:40.039 --> 01:51:42.920
I know you have security cameras in
your house. You're not filming this,

1821
01:51:43.039 --> 01:51:45.479
right, yes, sir? Okay, Let's look briefly at defendency tip at

1822
01:51:45.479 --> 01:51:47.520
three oh nine, which, for
the record, is another clip of an

1823
01:51:47.520 --> 01:51:50.600
appearance you made on the same day, October tenth, two thou and twelve

1824
01:51:50.600 --> 01:51:54.880
on the Serious XM. Covino and
Rich radio program. Are you familiar with

1825
01:51:54.880 --> 01:51:57.720
that program? They're all the same
to you, Okay. Like I said

1826
01:51:57.720 --> 01:52:08.880
before, Once you get in that
serious building, the thirty or forty Like

1827
01:52:08.920 --> 01:52:12.279
I said before, once you get
in that serious building, there's probably forty

1828
01:52:12.359 --> 01:52:15.800
or fifty studios with radio shows in
each room. So they take you around

1829
01:52:15.880 --> 01:52:18.520
all these radio shows and you talk
to everybody in a two through two or

1830
01:52:18.560 --> 01:52:23.399
three hour period. So I'm not
sure if Caveno or busted open. You

1831
01:52:23.439 --> 01:52:26.079
know, I'd have to see the
guy to actually remember who I was talking

1832
01:52:26.119 --> 01:52:29.880
to you. I can't tell from
the voice. Okay. So what you're

1833
01:52:29.880 --> 01:52:33.279
telling us is they get you in
that serious building and then basically they try

1834
01:52:33.319 --> 01:52:36.880
to maximize the value of your appearance
and show you to one program, take

1835
01:52:36.920 --> 01:52:41.359
you to another program, maybe do
another interview. That's just how it works,

1836
01:52:41.439 --> 01:52:44.560
right yes, sir, okay,
fair enough, And I take it

1837
01:52:44.640 --> 01:52:48.079
as you sit here right now,
you don't have that the particular interview doesn't

1838
01:52:48.159 --> 01:52:51.520
stand out in your mind. No, sir, it doesn't. That's fair.

1839
01:52:53.479 --> 01:52:57.359
Nods affirmatively. Okay, Tim,
if you could please play a clip

1840
01:52:57.399 --> 01:53:00.479
from Defendants three oh nine, whereupon
adio clip was played in open chord as

1841
01:53:00.520 --> 01:53:09.079
follows speaker inaudible, my mom says
I'm a catch and the infamous Rich Davis

1842
01:53:09.520 --> 01:53:15.199
inaudible The Covino and Rich show.
Audio clip concluded, Now, does that

1843
01:53:15.279 --> 01:53:18.239
refresh your recollection at all? No, I'm sorry it doesn't. Okay,

1844
01:53:18.279 --> 01:53:20.359
all right, Tim, do you
have a second If you could play the

1845
01:53:20.359 --> 01:53:24.159
second clip we're upon. An audio
clip is played, an open chort as

1846
01:53:24.159 --> 01:53:27.680
follows, Yeah, at the end
of the day, As I'm standing there,

1847
01:53:27.800 --> 01:53:30.840
I know it's wrong, and I
said, Bubba, there's no cameras

1848
01:53:30.840 --> 01:53:35.319
in here. I know you have
video cameras. Audio clip concluded, Okay,

1849
01:53:35.479 --> 01:53:40.079
do you did? Did you recognize
your voice? Well, it's definitely

1850
01:53:40.159 --> 01:53:43.880
sounds like me. Okay, does
that in any way refresh your recollection on

1851
01:53:43.920 --> 01:53:46.239
that particular interview that day? No, it doesn't, but it sounds like

1852
01:53:46.279 --> 01:53:48.680
I'm asking him, you know you
don't have any cameras in here? Because

1853
01:53:48.680 --> 01:53:51.319
if that's what it sounds like what
I asked him, you know it really

1854
01:53:51.319 --> 01:53:56.560
went fast. Okay, brother,
you know if you play for me again,

1855
01:53:56.720 --> 01:53:59.560
I'll not be able to hear it
better. All right, thank you,

1856
01:54:00.159 --> 01:54:02.079
Tim, if you could play it
again for mister Balaya, whereupon an

1857
01:54:02.079 --> 01:54:05.000
audio clip was played in open court
as follows. At the end of the

1858
01:54:05.079 --> 01:54:08.520
day. You know, as I'm
standing there, I know it's wrong,

1859
01:54:08.720 --> 01:54:11.399
and I said, Bubba, there's
no cameras in here. I know you

1860
01:54:11.479 --> 01:54:16.920
have video cameras. Audio clip concluded. Okay, well, I'm I'm making

1861
01:54:16.960 --> 01:54:20.840
a question. There is no cameras
in here. I mean, why would

1862
01:54:20.840 --> 01:54:23.960
I ask the question if I knew
there were cameras in there? It doesn't

1863
01:54:23.960 --> 01:54:27.399
make sense, right, You've a
concern that there may be cameras in there?

1864
01:54:27.479 --> 01:54:30.239
Right, Well, it's like I
said before that it was so surreal

1865
01:54:30.600 --> 01:54:33.199
that I was there and he was
handing me a condom. You know,

1866
01:54:33.239 --> 01:54:36.840
my gut just didn't feel right.
It just came out. You know,

1867
01:54:36.640 --> 01:54:41.359
you're filming. This is what I
actually said, if I can remember correctly.

1868
01:54:41.560 --> 01:54:44.399
And that's why I was asking him, because I was concerned that this

1869
01:54:44.520 --> 01:54:47.199
thing felt so weird that my gut
was telling me just didn't feel right,

1870
01:54:47.479 --> 01:54:50.000
and you know you're not filming this
are you? And that's what I asked

1871
01:54:50.079 --> 01:54:53.640
him, and that's what it sounds
like to me. But it was very

1872
01:54:53.680 --> 01:54:56.880
fast and sounded like okay, still
having a little hard time following it.

1873
01:54:56.920 --> 01:54:59.279
Well, I can hear it,
dude, but it sounds a little you

1874
01:54:59.279 --> 01:55:01.359
know, the verbi sounds a little
different. We'll see if we can do

1875
01:55:01.399 --> 01:55:04.319
a little better for you. But
let me ask you this, why would

1876
01:55:04.319 --> 01:55:09.000
you why did your mind immediately go
to the question? Well, just being

1877
01:55:09.079 --> 01:55:12.359
there knowing that I wouldn't I shouldn't
be there. You don't know what everything

1878
01:55:12.399 --> 01:55:15.720
felt weird. It's just my gut
feeling and I was just following my gut.

1879
01:55:15.720 --> 01:55:18.479
It just came out right. I
just asked it because that was my

1880
01:55:18.560 --> 01:55:21.359
gut feeling at the time. And
he, you know, he reassured me

1881
01:55:21.439 --> 01:55:25.760
that there was I see. So
that's what. So I just don't understand

1882
01:55:25.840 --> 01:55:28.600
if I said, if I asked
him that question, and if I didn't

1883
01:55:28.680 --> 01:55:30.439
know, why would I ask him
that question? Brother? Right, I

1884
01:55:30.479 --> 01:55:34.399
don't understand. Okay, Now,
let's look briefly a defendants Exhibit two twenty

1885
01:55:34.479 --> 01:55:38.359
nine, and this is a clip
of that television appearance you made in October

1886
01:55:38.359 --> 01:55:41.520
tenth, twenty and twelve on Showbiz
tonight, we saw a little bit of

1887
01:55:41.560 --> 01:55:45.680
that earlier. Tim If you could
please play the first clip, whereupon a

1888
01:55:45.800 --> 01:55:47.119
video clip has played at open chort
as follows, you know, all of

1889
01:55:47.159 --> 01:55:49.560
a sudden, I remember saying,
you're not filming this, are you?

1890
01:55:49.800 --> 01:55:53.079
I've got you know, I know
you've got security cameras at all? I'm

1891
01:55:53.119 --> 01:55:58.039
your best friend. I never the
video clip concluded. All right, So

1892
01:55:58.239 --> 01:56:00.239
you did know there were security cameras
in Bubba's house, right? Well?

1893
01:56:00.319 --> 01:56:03.199
Yeah, I know Bubba had cameras, but I was never told, or

1894
01:56:03.239 --> 01:56:06.119
never was pointed out that there was
a security camera pointing at the bed,

1895
01:56:06.399 --> 01:56:09.960
or if there was a camera in
the bedroom. I never heard of that,

1896
01:56:10.560 --> 01:56:13.359
right, But you knew he had
cameras, security cameras in his home,

1897
01:56:13.439 --> 01:56:15.880
correct, yes, sir okay?
All right, now, if we

1898
01:56:15.920 --> 01:56:19.880
could shift our focus yet again.
When Gauca came out with the atobid fourth

1899
01:56:19.880 --> 01:56:25.079
twenty twelve post, right when they
put that piece up there on their website,

1900
01:56:25.560 --> 01:56:29.319
did you did not read the commentary
on the sex tape that mister de

1901
01:56:29.399 --> 01:56:31.560
Lerio wrote, did you know,
sir, okay, never read it?

1902
01:56:31.920 --> 01:56:35.359
All right? And you never read
the commentary until your deposition in this case

1903
01:56:35.399 --> 01:56:39.479
in March of twenty fourteen. Correct, I don't call it recall if I

1904
01:56:39.520 --> 01:56:43.159
read it at the depot. All
right, it doesn't. You don't remember

1905
01:56:43.159 --> 01:56:45.039
that at all? No, I
don't, okay, all right, So

1906
01:56:45.199 --> 01:56:49.039
you you can see if you look
at Volume three, page four sixteen,

1907
01:56:49.159 --> 01:56:53.600
twenty one through four twenty. Take
a look at that page four sixteen,

1908
01:56:53.840 --> 01:56:56.960
Yes, sir, four sixteen,
starting a line twenty one fewenty one,

1909
01:56:57.039 --> 01:57:00.000
Just line twenty one. Yes,
did you know Gawker came out with the

1910
01:57:00.039 --> 01:57:03.000
post? Yes, four sixteen twenty
one. You see it says, did

1911
01:57:03.039 --> 01:57:05.520
you know that when Gawka came out
with the post? Did you read the

1912
01:57:05.520 --> 01:57:09.680
text of the article that posted?
Answer? No? Question? Okay,

1913
01:57:09.680 --> 01:57:12.880
have you ever read it? Answer? Never read it? Question At the

1914
01:57:12.880 --> 01:57:15.319
time that Gawka posted the video excerpts, did you watch the video excerpts?

1915
01:57:15.359 --> 01:57:19.359
I have never watched the video excerpts, never watched all right. Now,

1916
01:57:19.880 --> 01:57:23.479
you will see down there, if
you go down to page four seventeen,

1917
01:57:23.520 --> 01:57:27.039
at line fourteen, you will see
there there as an exhibit ninety two at

1918
01:57:27.039 --> 01:57:30.560
your deposition, and it's the Gawka
post, and you were asked to read

1919
01:57:30.560 --> 01:57:32.439
it. There do you see that. I'm going to ask you to read

1920
01:57:32.479 --> 01:57:35.319
it, so that are you all
right? I'm fine. Yeah, I'm

1921
01:57:35.359 --> 01:57:38.279
going to ask you to read it
and let me know when you've had a

1922
01:57:38.359 --> 01:57:40.920
chance to do so. Do you
see that, yes? I do?

1923
01:57:41.199 --> 01:57:44.840
Okay, So that refreshes your recollection
that Indeed, at your deposition in Watch

1924
01:57:44.920 --> 01:57:46.800
of twenty fourteen, you read the
commentary, correct, yes, sir?

1925
01:57:47.279 --> 01:57:50.520
All right. Now you've told us
you've never watched the complete sex tape that

1926
01:57:50.560 --> 01:57:54.399
Gawka received, the one that was
sent to them anonymously in the mail.

1927
01:57:54.439 --> 01:57:57.159
You've never watched that, right,
No, sir, okay. Now,

1928
01:57:57.159 --> 01:58:00.880
when Gawka posted the commentary, they
posted the video excer that we talked about

1929
01:58:00.880 --> 01:58:02.800
this morning in the open. Judge, if I may, under the rule

1930
01:58:02.840 --> 01:58:05.800
of completeness, I don't know,
can we approach on that last excerpt he

1931
01:58:05.840 --> 01:58:10.840
just read at the bench, Go
ahead, Judge. In this depot,

1932
01:58:10.880 --> 01:58:13.960
what they do is they show him
the excerpt, they have him read at

1933
01:58:14.000 --> 01:58:15.720
the article, and they ask a
bunch of questions. I don't know if

1934
01:58:15.720 --> 01:58:19.560
he's saying to create the idea because
nothing he was like refreshing his memory,

1935
01:58:19.640 --> 01:58:23.600
nothing was inconsistent with what he said, but I don't know if they were

1936
01:58:23.600 --> 01:58:26.800
trying to create the impression he didn't
actually read it there. If they are,

1937
01:58:27.000 --> 01:58:29.720
I want him to read all his
questioning that came up because they questioned

1938
01:58:29.760 --> 01:58:33.720
him about it extensively. Have you
moved off of that? Yeah, I

1939
01:58:33.720 --> 01:58:36.760
think he's done with that part.
Okay, I don't know, but if

1940
01:58:36.760 --> 01:58:40.760
they're going to sort of try to
create the implication you know that he didn't

1941
01:58:40.760 --> 01:58:43.359
actually read it that day, that
I'm going to ask him to read all

1942
01:58:43.359 --> 01:58:45.520
that stuff. So I hope that's
not where they're going. It's not,

1943
01:58:46.840 --> 01:58:50.720
well, where are you going at
this point? We are moving to the

1944
01:58:50.760 --> 01:59:00.600
next part of watching the video.
Yes, ma'am, the thirty minute video.

1945
01:59:01.720 --> 01:59:06.680
Here is the point Ken I took
his deposition and he kind of you

1946
01:59:06.840 --> 01:59:10.159
gotta keep him focused, if you
know what I mean. He's not the

1947
01:59:10.199 --> 01:59:14.359
strongest guy on chronology, so I'm
trying to get that. I get.

1948
01:59:14.399 --> 01:59:15.560
What I would ask is this,
if he makes a statement in court and

1949
01:59:15.600 --> 01:59:18.760
that statement is inconsistent with his deposition, then lay the predicate. So I

1950
01:59:18.880 --> 01:59:21.359
know, if you're just going to
refresh it, let me know. That

1951
01:59:21.399 --> 01:59:25.880
way I can sift through this better. Yeah, yeah, it was unclear

1952
01:59:25.920 --> 01:59:30.479
to me, I guess, thank
you an open court. Go ahead,

1953
01:59:30.520 --> 01:59:35.319
missus Sullivan. Now, when Gawka
posted the commentary and the video excerpts on

1954
01:59:35.359 --> 01:59:40.399
October fourth, twenty twelve, you
testified you told us you didn't view those

1955
01:59:40.479 --> 01:59:44.560
video excerpts at that time. Correct
sir, okay. As of much of

1956
01:59:44.600 --> 01:59:47.239
twenty fourteen, the deposition we just
looked at, you testified that you never

1957
01:59:47.279 --> 01:59:51.439
watched the Gawker video excerpts. Correct
correct, okay. And then moving forward

1958
01:59:51.439 --> 01:59:55.640
in time, there was another deposition
about a year little over a year later,

1959
01:59:56.000 --> 01:59:59.279
April of twenty fifteen, you and
I met for the first time,

1960
01:59:59.439 --> 02:00:01.399
and you test a fight to me
that you never watched the Gaca video excerpts.

1961
02:00:01.479 --> 02:00:04.760
Right, correct. Okay. Now, let's look at briefly at defendants

1962
02:00:04.760 --> 02:00:08.159
Exhibit two thirty one, and what
we're going to see us a clip of

1963
02:00:08.239 --> 02:00:11.880
the television appearance of the that you
made the same day Octoba twelve, twenty

1964
02:00:12.000 --> 02:00:14.600
twelve, on a show called Sway
in the Morning. Are you familiar with

1965
02:00:14.680 --> 02:00:16.199
Sway in the Morning. No,
I'm not. Okay, all right?

1966
02:00:16.479 --> 02:00:19.640
Is that another serious? Now it's
not. This is a television program,

1967
02:00:19.640 --> 02:00:23.840
okay, brother, Okay? Whereupon
a video clip is played in open court

1968
02:00:23.880 --> 02:00:26.479
as follows, Sway in the Morning, it's a forty five. He is

1969
02:00:26.520 --> 02:00:30.079
here, twelve time world champion up
Buddy Citizen to Sway in the Morning,

1970
02:00:30.119 --> 02:00:32.159
Hule Cogan is here, Sway Mania
in the house, my brother. The

1971
02:00:32.279 --> 02:00:49.600
video clip is concluded he wrestling podcast
with Jack Incarnacio JP Sorrow. It's the

1972
02:00:49.720 --> 02:00:55.439
lapsed Fan Wrestling podcast. Okay,
do you recognize self there in that clip?

1973
02:00:55.520 --> 02:00:57.439
Yeah? It looks like the same
day one on Howard's Turn, the

1974
02:00:57.479 --> 02:01:00.640
same day they told me about Bubba
Bah the same close on. It looks

1975
02:01:00.680 --> 02:01:03.319
like the same day, right.
Yeah. Do you know the fellow that

1976
02:01:03.399 --> 02:01:05.800
was sitting next to you, the
host of the programs, Sway. Yeah,

1977
02:01:05.840 --> 02:01:10.600
I've seen him on TV before.
I don't recall meeting him. That

1978
02:01:10.680 --> 02:01:13.439
might have been the first time we
actually met and talked, but I have

1979
02:01:13.560 --> 02:01:15.680
seen him before. Okay, fair
enough. Now I'll have another clip for

1980
02:01:15.760 --> 02:01:19.279
you, Tim, if you could
play the second clip from Defendant's two thirty

1981
02:01:19.319 --> 02:01:24.000
one, whereupon a video clip was
played in open court as follows, Now,

1982
02:01:24.119 --> 02:01:26.720
you've seen the tape, right,
have you seen the tape? I

1983
02:01:26.840 --> 02:01:30.159
saw the front of it. Yeah, the front that made me so sick.

1984
02:01:30.199 --> 02:01:31.880
You know, it's like I think
it's like a minute forty and I

1985
02:01:31.960 --> 02:01:38.079
probably watched a minute of it.
The video clip concluded. Now you see

1986
02:01:38.119 --> 02:01:43.399
yourself there, tell him the host
Sway, huh indicates affirmatively that you actually

1987
02:01:43.399 --> 02:01:46.159
watched a minute of the GAUCA tape, right, yes, sir? Okay,

1988
02:01:46.199 --> 02:01:49.279
Now, when you said that to
Sway and his listeners out there that

1989
02:01:49.319 --> 02:01:53.600
are watching that view in that programming, were you being honest there? Did

1990
02:01:53.640 --> 02:01:56.760
you view a minute of the program? No? I did not, Okay,

1991
02:01:56.760 --> 02:01:59.399
So you just told folks that,
right pretty much. I was on

1992
02:01:59.439 --> 02:02:01.880
an autopie, you know, I
had information from my attorney, and that

1993
02:02:02.000 --> 02:02:05.239
was just said. I mean,
I haven't seen the tape, all right,

1994
02:02:05.560 --> 02:02:09.600
So did you think that that would
be a good thing to say you

1995
02:02:09.680 --> 02:02:12.840
had seen some of the program when
you hadn't. I just don't follow.

1996
02:02:12.880 --> 02:02:15.399
Well, I don't understand why I
said that, because I haven't seen a

1997
02:02:15.399 --> 02:02:17.279
minute of the tape. Okay,
fair enough, let us look at the

1998
02:02:17.319 --> 02:02:20.720
definance Exhibit two thirty. Take a
look at that, and you'll see that

1999
02:02:20.800 --> 02:02:25.840
this is a clip from another television
appearance you made on October tenth, twenty

2000
02:02:26.039 --> 02:02:30.920
twelve. But this program is called
VH one Big Morning Buzz, all right,

2001
02:02:30.119 --> 02:02:32.640
where upon a video clip is played
in open court as follow us.

2002
02:02:32.800 --> 02:02:35.560
You know, I got a phone
call from TMZ and a couple of the

2003
02:02:35.640 --> 02:02:39.600
guys were on the phone that run
the show. You know, they read

2004
02:02:39.640 --> 02:02:42.359
a transcrip of the tape and I
said, have you seen it? And

2005
02:02:42.560 --> 02:02:44.640
one of the guys said no,
and I said, I don't believe it.

2006
02:02:44.680 --> 02:02:46.079
I have to see this tape,
so I haven't seen it. At

2007
02:02:46.079 --> 02:02:49.239
the end of the tape, I
haven't seen. I've seen like the minute

2008
02:02:49.239 --> 02:02:56.880
forty version that they put out.
The video clip concluded. Now there you

2009
02:02:56.960 --> 02:03:00.760
tell the view is a VH one
Big Morning Buzz, not that you saw

2010
02:03:00.800 --> 02:03:03.239
a minute, but that you saw
the whole minute in forty seconds of the

2011
02:03:03.279 --> 02:03:08.880
tape, right, yes, sir, okay, will you be in truthful

2012
02:03:08.880 --> 02:03:11.039
with the viewers of the program on
that day? Well, you know that

2013
02:03:11.159 --> 02:03:15.039
statement is not truthful. That's the
same day as the media tour. That's

2014
02:03:15.079 --> 02:03:17.359
the same day that the news was
broken to me on the phone from TMZ

2015
02:03:17.760 --> 02:03:20.199
and as Hulk Hogan to the best
of you know, I can look at

2016
02:03:20.199 --> 02:03:24.840
this and I say I was probably
in the Hulk Hogan mode, trying to

2017
02:03:24.880 --> 02:03:28.000
get through the day, trying to
figure out what's going on. You know,

2018
02:03:28.039 --> 02:03:31.159
I'm trying to say cover my ass
mode because there was nothing to cover,

2019
02:03:31.920 --> 02:03:35.399
you know, But I just I
was just I just was in the

2020
02:03:35.479 --> 02:03:39.319
Hulk Hogan mode trying to get through
the day and trying to get through the

2021
02:03:39.359 --> 02:03:42.560
interview, you know, And that
was not a truthful statement, Okay,

2022
02:03:42.600 --> 02:03:45.479
as Hulk Hogan on camera. I
see. So when you are in Hulk

2023
02:03:45.680 --> 02:03:50.399
Hogan mode, rules things like telling
the truth do not apply. Is that

2024
02:03:50.479 --> 02:03:54.239
how it works? Well, you
know, as Hulk Hogan, you know

2025
02:03:54.359 --> 02:03:58.159
I have said I slam an elephant
and surf on a tiger shark, and

2026
02:03:58.399 --> 02:04:04.640
you know body slam Moby day so
and I also said I pulled the bumper

2027
02:04:04.680 --> 02:04:09.680
off a cattle at Jack you know. So it gives you artistic liberty when

2028
02:04:09.760 --> 02:04:14.439
you're Hulk Hogan to be a character, and it's entertaining. So when you

2029
02:04:14.479 --> 02:04:18.840
were going on these programs Sway,
the VH one program and telling folks about

2030
02:04:18.880 --> 02:04:23.840
what you had been through, that
was Hulk Hogan telling these people about the

2031
02:04:23.880 --> 02:04:29.439
experience. That wasn't Terry Bolia telling
folks about the experience. Right, Well,

2032
02:04:29.439 --> 02:04:30.640
like I said before. You know, whenever I leave my house,

2033
02:04:30.760 --> 02:04:34.319
I'm not Terry Balaya. I'm Hulk
Hogan. You know, I'm the character,

2034
02:04:34.560 --> 02:04:39.479
and that's Hulk Hogan. I didn't
go on the Sway Show as Terry

2035
02:04:39.520 --> 02:04:45.159
Balaya, okay, or apologie whatever, whatever the show was. Okay,

2036
02:04:46.000 --> 02:04:50.199
Now let's shift. Let's shift gives
again, and we're going to move forward

2037
02:04:50.199 --> 02:04:54.680
in time a little further. We're
going to move to October sixteenth to twenty

2038
02:04:54.880 --> 02:04:57.960
twelve. That is twelve days.
All right. We have established that the

2039
02:04:58.000 --> 02:05:00.439
Gauca post came out October fourth of
two twelve. Move forward, please,

2040
02:05:00.720 --> 02:05:04.600
twelve days to October sixteenth. Now, on that day, your friend or

2041
02:05:04.680 --> 02:05:10.640
infantas former friend perhaps would be more
accurate. Bubba the Love Sponge went on

2042
02:05:10.720 --> 02:05:15.279
his radio program and he spoke publicly
about this whole sex tape story. Right,

2043
02:05:15.439 --> 02:05:17.560
yes, sir, you remember that. I remember those two days where

2044
02:05:17.560 --> 02:05:20.520
he was rude, obnoxious. I
did not hear the show, but I

2045
02:05:20.560 --> 02:05:24.319
had a friend that told me about
the show. All right, let's take

2046
02:05:24.359 --> 02:05:28.720
a look at defendants Exhibit two seventy
eight. Judge objection hearsay, can we

2047
02:05:28.720 --> 02:05:31.720
approach at the bench. I don't
know what two seventy eight. Is it's

2048
02:05:31.760 --> 02:05:35.720
an audio clip, it's the Bubba
clip, right, yeah, yeah,

2049
02:05:35.800 --> 02:05:40.359
Judge, they're gonna put Bubba's statement
in right on, right now, on

2050
02:05:40.399 --> 02:05:43.119
the show, the radio show,
and offer it for the truth of the

2051
02:05:43.159 --> 02:05:46.880
matter, asserted, we are not
offering it for the truth. Well,

2052
02:05:46.920 --> 02:05:49.479
I think you can only offer it
for the truth, because that's because what

2053
02:05:49.520 --> 02:05:53.000
he's going to say, if it's
the clip I think it is, is

2054
02:05:53.000 --> 02:05:57.720
that mister Balaia was in on it
and he knew it's directly contradicted by his

2055
02:05:57.800 --> 02:06:01.119
deposition testimony under oath. His retraction
is the attraction. The problem is because

2056
02:06:01.119 --> 02:06:03.720
he said he is going to invoke
the fifth right now. We have no

2057
02:06:03.800 --> 02:06:08.600
idea what if any of this is
actually admissible, but this is pure hearsay

2058
02:06:08.840 --> 02:06:12.920
if they're offering it for that reason. Ever, this was his best friend.

2059
02:06:13.319 --> 02:06:15.960
He goes on and he makes these
statements. I'm going to play the

2060
02:06:16.039 --> 02:06:20.119
statements. Your best friend said this, your bosom buddy. Is it true?

2061
02:06:20.840 --> 02:06:24.199
Is what he said true? He
can say no, it's not true

2062
02:06:24.199 --> 02:06:28.199
at all. Yanna. This whole
shenanigans with Bubba not showing up and invoking

2063
02:06:28.239 --> 02:06:30.239
the fifth I mean it's already I
think we're entitled to some leeway here.

2064
02:06:30.760 --> 02:06:35.199
Judge, I don't know the word
shenanigans. There's no best friend exception to

2065
02:06:35.239 --> 02:06:39.159
the hearsay rule, okay. I
mean the truth of the matter is if

2066
02:06:39.159 --> 02:06:42.720
they're going to put this out there
and offer it to prove that Bubba said

2067
02:06:42.760 --> 02:06:45.960
that Terry Bola knew about this tape, all right, and that's the purpose

2068
02:06:45.000 --> 02:06:47.920
it's being offered for, and then
to ask him whether it's true, which

2069
02:06:47.920 --> 02:06:51.359
means clearly they're offering it for the
truth of the matter asserted. Then it's

2070
02:06:51.399 --> 02:06:55.279
hearsay. If he denies it,
that doesn't matter. That's not what they're

2071
02:06:55.479 --> 02:06:59.239
that's not why they're offering it.
Just because a witness denies a hearsay statement

2072
02:06:59.279 --> 02:07:02.880
doesn't make it on hearsay. So
it's a public statement on the radio.

2073
02:07:03.520 --> 02:07:08.439
Well, well a lot of public
things that don't come in. It's not

2074
02:07:08.520 --> 02:07:11.800
a public record. There is no
exception for it. So I'm going to

2075
02:07:11.840 --> 02:07:15.520
sustain the planets objection. Thank you, all right, thank you, an

2076
02:07:15.520 --> 02:07:21.479
open chord. Let's do this.
Let's shift a focus and talk a little

2077
02:07:21.560 --> 02:07:25.439
more about how this encounter with Heather
Klem came to take place. Now,

2078
02:07:25.439 --> 02:07:29.239
according to prior testimony. The idea
of you having sex with Heather first came

2079
02:07:29.279 --> 02:07:31.239
up in a phone call with Bubba, right to the best of my election,

2080
02:07:31.359 --> 02:07:34.199
Yes, okay. And I think
you told us earlier that Bubba put

2081
02:07:34.199 --> 02:07:38.079
Heather on the phone and she started
asking you'd have sex with a correct,

2082
02:07:38.359 --> 02:07:42.199
to the best of my recollection,
it was something along those lines where they

2083
02:07:42.239 --> 02:07:44.960
could have been on the speaker phone
together. But you know, okay,

2084
02:07:45.119 --> 02:07:47.279
all right, And you told us
before when you testified in your deposition that

2085
02:07:47.319 --> 02:07:53.399
before you actually had sex with Heather. They brought this up between somewhere between

2086
02:07:53.479 --> 02:07:56.960
twenty and forty times, right,
No, that was a guestament, all

2087
02:07:57.000 --> 02:07:59.319
right. It was over a period
of a year and a half two years.

2088
02:08:00.159 --> 02:08:01.560
It was several times. It could
have been less than twenty, could

2089
02:08:01.560 --> 02:08:05.720
have been more than forty. But
it was constant badgering. It was a

2090
02:08:05.720 --> 02:08:07.720
lot, right, Yeah, I
was a regular gag with them, okay.

2091
02:08:07.760 --> 02:08:11.319
And Bubba would tell you that Heather
really wanted to have sex with you,

2092
02:08:11.439 --> 02:08:13.920
right in so many words, yes, sir, okay. And he

2093
02:08:13.920 --> 02:08:16.279
would say things like you wanted to
see it naked, right, yes,

2094
02:08:16.279 --> 02:08:18.880
sir, okay. And he also
told you that in person didn't he excuse

2095
02:08:18.920 --> 02:08:22.800
me? What he being? Bubba
also told you that in person, didn't

2096
02:08:22.800 --> 02:08:24.960
he? Yeah, during the workouts, you know, he would just joke

2097
02:08:24.000 --> 02:08:26.600
around, like at the end of
the workout, Hey, well you you

2098
02:08:26.640 --> 02:08:28.479
know what, are you going to
have sex with Heather? Here? Just

2099
02:08:28.520 --> 02:08:33.399
throw away like a little like another
poke, you know. Okay, Now

2100
02:08:33.399 --> 02:08:35.560
I think you based you touched on
this and you direct testimony. But Bubba

2101
02:08:35.560 --> 02:08:39.840
had bragged about his so called swinging
lifestyle, had he not, Yes,

2102
02:08:39.840 --> 02:08:41.640
sir, he made no secret of
that, right, I know, sir.

2103
02:08:41.720 --> 02:08:45.199
He even talked about on the radio. I and Heather had an open

2104
02:08:45.239 --> 02:08:46.720
marriage, and Bubba seemed proud of
it, didn't he. He did not

2105
02:08:46.760 --> 02:08:50.600
seem embarrassed about it. I don't
know if if proud was a word,

2106
02:08:50.800 --> 02:08:52.760
but he was definitely not embarrassed about
it. Okay. And you had heard

2107
02:08:52.760 --> 02:08:56.920
on the radio about him having these
parties and a jacuzzi, and friends and

2108
02:08:56.079 --> 02:09:01.079
folks, buddies of his doctors,
lawyers in town would come over to these

2109
02:09:01.079 --> 02:09:03.760
parties in the jacuzzi. You had
heard that on the radio, were correct?

2110
02:09:03.319 --> 02:09:07.479
Yes, okay, Now you're testified. We asked you in your deposition

2111
02:09:07.520 --> 02:09:09.600
to tell us when did this go
from talking about all this stuff right to

2112
02:09:09.640 --> 02:09:13.800
actually having sex with her. And
you said you couldn't really remember. Do

2113
02:09:13.800 --> 02:09:15.960
you remember that? No, I
don't remember the date. No, sir,

2114
02:09:16.199 --> 02:09:18.600
okay, let me ask you this. You indicated earlier. You told

2115
02:09:18.720 --> 02:09:22.079
us that there were like three,
maybe four of these occasions where you had

2116
02:09:22.119 --> 02:09:26.760
a sexual encounter with Heather, Yes, sir, right, No, it's

2117
02:09:26.800 --> 02:09:31.279
affirmatively okay. Now, each time
you had Bubba's each time you had sex

2118
02:09:31.279 --> 02:09:33.800
with Bubba's wife, it was with
his blessing, wasn't it. Yes,

2119
02:09:33.800 --> 02:09:37.359
sir. Now let's focus in on
your relationship, not with Bubba but with

2120
02:09:37.520 --> 02:09:39.960
Heather Clem before you had these sexual
encounters, are you with me? Yes,

2121
02:09:41.000 --> 02:09:43.720
sir? All right, you saw
her I think you told us probably

2122
02:09:43.720 --> 02:09:46.479
four or five times, right,
yes, sir, Okay, had dinner

2123
02:09:46.520 --> 02:09:50.600
with Bubba and Heather once, Yes, sir, one time you saw her

2124
02:09:50.640 --> 02:09:52.880
twice at the racetrack right to the
best of my recollection, Yes, sir,

2125
02:09:52.920 --> 02:09:56.479
it was okay, they're two different
racetracks. Yeah, you went and

2126
02:09:56.720 --> 02:10:00.720
you went to Bubba's house for Thanksgiving
one time, right, yes, sir.

2127
02:10:01.039 --> 02:10:03.600
Now, you you never called Heather
on the phone, did you,

2128
02:10:03.760 --> 02:10:05.479
to the best of my recollection.
I don't remember calling her, and if

2129
02:10:05.520 --> 02:10:09.680
I did, it was looking for
him. So I don't remember calling her

2130
02:10:09.720 --> 02:10:11.680
at all. Right now, there
was no reason to call her, right

2131
02:10:11.760 --> 02:10:15.079
But you never called you, did
she? No, sir, you didn't

2132
02:10:15.119 --> 02:10:16.760
have that kind of relationship. No, sir, okay. By that,

2133
02:10:16.840 --> 02:10:20.680
let's be fair. When I say
calling her, I meant calling her directly,

2134
02:10:20.720 --> 02:10:22.960
by calling her cell phone or calling
the home for Heather. I believe

2135
02:10:24.000 --> 02:10:26.560
you told me at one point that, well, there were times I called

2136
02:10:26.600 --> 02:10:30.239
for Bubba and Heather would pick up
the phone. Right. Well, that

2137
02:10:30.239 --> 02:10:31.680
would be at home, yes,
sir, okay, But you didn't have

2138
02:10:31.720 --> 02:10:35.720
a personal relationship where you would be
calling her, right, No, sir,

2139
02:10:35.960 --> 02:10:37.439
okay. You didn't exchange texts with
it, did you? No,

2140
02:10:37.560 --> 02:10:41.479
sir, didn't exchange emails with it, did you? At the time,

2141
02:10:41.520 --> 02:10:46.000
I didn't know how to email,
okay, so you wouldn't, so you

2142
02:10:46.000 --> 02:10:48.199
wouldn't have an emailing he No,
No, sir, okay. Now,

2143
02:10:48.239 --> 02:10:52.119
you also didn't really socialize with Heather. No, I did not. Okay.

2144
02:10:52.279 --> 02:10:56.800
Now we're going to shift our focus
again and look at the first time

2145
02:10:56.119 --> 02:11:01.079
that you wouldn't Heather had sex After
that, you continued to socialize with Bubba,

2146
02:11:01.199 --> 02:11:03.359
right, yes, sir, okay, And things continued just as they

2147
02:11:03.359 --> 02:11:07.279
had always done right with Bubba,
Yes, sir okay. And your relationship

2148
02:11:07.279 --> 02:11:11.000
with Bubba did not change in any
way, did it. I know we

2149
02:11:11.000 --> 02:11:13.960
are still friends all right now.
At some point you had these sexuals encounters

2150
02:11:15.039 --> 02:11:18.359
with Heather, and then at some
point you and Heather stopped having sex,

2151
02:11:18.439 --> 02:11:20.880
right, yes, sir okay.
And Bubba never asked, Ay, now

2152
02:11:20.920 --> 02:11:24.600
that you have done this three or
four times, how come you're not doing

2153
02:11:24.640 --> 02:11:26.800
it anymore? He never asked you
that, did it. No. The

2154
02:11:26.840 --> 02:11:30.439
only thing you ever asked me is
if I would have sex with Heather?

2155
02:11:30.880 --> 02:11:33.039
And then he never asked again.
It just stopped, okay, after you

2156
02:11:33.039 --> 02:11:37.199
had done it a few times,
and it just got just stopped. The

2157
02:11:37.239 --> 02:11:39.439
conversation stopped. He never he never
brought it up again, okay. And

2158
02:11:39.520 --> 02:11:43.439
after the last time you had sex
with Heather, you never discussed it with

2159
02:11:43.479 --> 02:11:46.640
her again, did you, no, sir okay? And after with respect

2160
02:11:46.640 --> 02:11:50.039
to Heather, after you stopped having
sex with it, you didn't see her

2161
02:11:50.039 --> 02:11:52.039
anymore, right well, in fantas, you didn't see her anymore until you

2162
02:11:52.079 --> 02:11:56.239
moved into their house. Right,
yes, okay, exactly, all right.

2163
02:11:56.359 --> 02:11:58.600
Now, let's talk about that for
a minute. You lived with Bubba

2164
02:11:58.680 --> 02:12:01.239
and Heather in their home at one
point, yes, sir, correct,

2165
02:12:01.279 --> 02:12:05.000
defirmatively, all right. And this
was somewhere up between about what a month

2166
02:12:05.039 --> 02:12:09.000
and two months, right, I'm
about four or five to six weeks until

2167
02:12:09.000 --> 02:12:11.720
I could find a place to live, okay. And this was shortly after

2168
02:12:11.760 --> 02:12:13.399
your wife filed for divorce. Right. It was a time frame where the

2169
02:12:13.439 --> 02:12:16.479
judge said I wasn't allowed to live
in my house, and then the judge

2170
02:12:16.520 --> 02:12:20.359
was going to let me stay at
a small beach house, and my attorney

2171
02:12:20.399 --> 02:12:22.319
told me I couldn't live there because
it was my ex wife's it was in

2172
02:12:22.399 --> 02:12:26.840
my ex wife's name, and she
was calling the cops, know anytime,

2173
02:12:26.920 --> 02:12:28.720
like if the sprinkler system didn't work, she'd call the cops. So my

2174
02:12:28.760 --> 02:12:31.720
attorney said, you cannot live there, you can't stay there. So I

2175
02:12:31.800 --> 02:12:35.039
grabbed a bunch of garbage bags and
hit into a hotel for a day or

2176
02:12:35.039 --> 02:12:39.079
two until Bubba found out, and
then he invited me to come stay with

2177
02:12:39.159 --> 02:12:41.600
him. Okay now, and that
was around the time your wife filed for

2178
02:12:41.680 --> 02:12:46.159
divorce, right, Yes, sir, okay, which was in November of

2179
02:12:46.199 --> 02:12:48.239
two thousand and seven, correct,
Yes, sir, okay. Now,

2180
02:12:48.279 --> 02:12:50.960
when you lived with Bubba, when
you moved into the home, now that

2181
02:12:52.079 --> 02:12:54.640
was after the point in time when
you had the sexual relationship with Heather,

2182
02:12:54.760 --> 02:12:58.159
wasn't it, Yes, sir,
it was, okay. And when you

2183
02:12:58.199 --> 02:13:01.039
lived with them, and this would
have been around of two thousand and seven,

2184
02:13:01.239 --> 02:13:03.760
I think you told us that before
that it was uncomfortable, right,

2185
02:13:03.239 --> 02:13:07.359
very uncomfortable, okay. And you
had a fear that Heather was going to

2186
02:13:07.399 --> 02:13:11.319
come on to you while you were
living in their house, right, Well,

2187
02:13:11.319 --> 02:13:13.039
I have that fear. And I
was also afraid that Bubba would kind

2188
02:13:13.039 --> 02:13:16.520
of like, you know, bully
me or poop me or trying to egg

2189
02:13:16.560 --> 02:13:18.640
it on. You know. I
was afraid both of them, you know,

2190
02:13:18.680 --> 02:13:24.159
coming at me at the same time, and by herself. It's very

2191
02:13:24.239 --> 02:13:28.640
uncomfortable being there, dude. Okay, you were fearful that Bubba and Heather

2192
02:13:28.800 --> 02:13:33.520
would bully you into resuming sexual relations
with Heather. That's a fair statement,

2193
02:13:33.760 --> 02:13:37.159
okay. Now that never happened,
did it, No, sir, did

2194
02:13:37.239 --> 02:13:39.920
not, okay, And Heather never
came on to you while you were living

2195
02:13:39.960 --> 02:13:45.199
under her roof right, Oh,
I know, sir okay. And she

2196
02:13:45.279 --> 02:13:48.279
never did try to seduce you while
you're staying under her roof, right,

2197
02:13:48.560 --> 02:13:50.760
No, sir okay. And when
you stayed there with Heather, you would

2198
02:13:50.840 --> 02:13:54.960
rarely make eye contact. You wouldn't
make eye contact with you, Whichie.

2199
02:13:54.039 --> 02:13:56.920
Well, you know, I felt
different because I would see her at night

2200
02:13:56.920 --> 02:14:00.920
when Bubba would come home. I
would come home late in the day after

2201
02:14:00.920 --> 02:14:03.000
Bubba was home, and in the
morning, Bubba would leave way before I

2202
02:14:03.039 --> 02:14:05.640
woke up because he had to be
on the airage six am, so he

2203
02:14:05.640 --> 02:14:09.760
would get up around about like five
or four thirty and head out, And

2204
02:14:09.800 --> 02:14:11.920
when I would wake up and leave, Heather would be getting the children ready.

2205
02:14:11.960 --> 02:14:13.960
So when I came, you know, I would come from the other

2206
02:14:15.000 --> 02:14:16.840
side of the house that Bubba let
me use. I would see her to

2207
02:14:16.880 --> 02:14:20.880
get a cup of coffee or while
she's getting her the kids ready, and

2208
02:14:20.920 --> 02:14:22.600
there was no eye contact. It
was just it was just plain. There

2209
02:14:22.640 --> 02:14:26.960
was no aggressiveness. She didn't approach
me. She said hello, goodbye,

2210
02:14:26.000 --> 02:14:28.840
and that was it. And I
would leave immediately and not come home until,

2211
02:14:30.199 --> 02:14:33.079
you know, all day until Bubba
came home. Right. So when

2212
02:14:33.079 --> 02:14:35.560
you in fact in the morning,
you would say good morning to her,

2213
02:14:35.560 --> 02:14:37.640
and she would avoid your daze and
just look down. No, wouldn't she

2214
02:14:37.840 --> 02:14:43.520
No, well, exactly, there
was something different that she seemed more friendlier

2215
02:14:43.520 --> 02:14:45.640
before, but now it was kind
of like, you know, she didn't

2216
02:14:45.640 --> 02:14:48.560
know, she didn't even know me. Okay, let me ask you this

2217
02:14:48.720 --> 02:14:52.640
kind of circling back to this business
about a swing of lifestyle and an open

2218
02:14:52.720 --> 02:14:56.119
marriage and all this kind of business. At the time you were having sex

2219
02:14:56.119 --> 02:14:58.560
with Heather, you didn't think you
were the only person that Bubba was permitting

2220
02:14:58.560 --> 02:15:01.479
to have sex with his wife,
right, Well, I knew she'd had

2221
02:15:01.560 --> 02:15:05.159
sex with other people. I didn't
know at the time. You know,

2222
02:15:05.159 --> 02:15:09.119
the thought never entered my mind at
the time of whether she was having sex

2223
02:15:09.159 --> 02:15:11.159
with someone else. Okay, did
Bubba ever tell you, well, because

2224
02:15:11.159 --> 02:15:15.000
of this hearing about this open marriage
and what have you, I take it

2225
02:15:15.079 --> 02:15:16.720
you thought that these kinds of things
had happened in the past. Is that

2226
02:15:16.760 --> 02:15:20.119
fair to say that state? Okay, and your discussions with Bubba, did

2227
02:15:20.119 --> 02:15:24.199
he ever tell you he had videos
of how they're having sex with other partners?

2228
02:15:24.279 --> 02:15:28.520
Never objection? Never can we approach
Yeah, at the bench, I'm

2229
02:15:28.520 --> 02:15:33.199
fairly certain this was already ruled on
and as irrelevant, and that it wasn't

2230
02:15:33.199 --> 02:15:35.600
going to be a topic of discussion
for this trial. I had about three

2231
02:15:35.640 --> 02:15:39.680
people over there tell me there was
an order on it already, and I

2232
02:15:39.680 --> 02:15:41.760
think they're probably going trying to grab
it, but I will object to it

2233
02:15:41.760 --> 02:15:46.960
as irrelevant. Whether he knows of
the open marriage. He knows it was

2234
02:15:46.039 --> 02:15:50.479
a swing of lifestyle. He says, it's on do they want to break

2235
02:15:50.800 --> 02:15:52.640
They have a couple of wile to
ask questions, Oh, that will instruct

2236
02:15:52.680 --> 02:15:56.960
him. They don't ask questions till
the end of it all. I had

2237
02:15:56.000 --> 02:15:58.880
told them, oh, okay,
but she kept trying to hand it to

2238
02:15:58.880 --> 02:16:03.600
me. So I'll let the judge
know. Okay, good, thank you.

2239
02:16:03.600 --> 02:16:07.479
Videos about whether sexual encounters I think
were specifically kept out of this trial

2240
02:16:07.600 --> 02:16:11.840
judge, So we didn't end up
doing discovery on whether any of I think

2241
02:16:11.880 --> 02:16:15.159
gather the auder came. I think
the order came about though in the depositions

2242
02:16:15.199 --> 02:16:18.239
previously about other people, the other
sex lives of other people. I think

2243
02:16:18.279 --> 02:16:22.239
all of that was kept out at
that point in time for the discovery purposes.

2244
02:16:22.119 --> 02:16:28.319
I'm just asking if they discussed it, discussed this with his bosom buddy,

2245
02:16:28.399 --> 02:16:33.079
if they discussed a topic which was
ruled irrelevant in this trial of videos

2246
02:16:33.120 --> 02:16:35.120
of other people, I think that
was the genesis. Well, he's already

2247
02:16:35.120 --> 02:16:39.040
answered the question. I mean I
would move to strike it. I didn't

2248
02:16:39.079 --> 02:16:43.440
think he was going there. And
then the last question went there. What

2249
02:16:43.440 --> 02:16:46.719
did he say? And he answered
the question? Never was his answer.

2250
02:16:46.440 --> 02:16:50.879
Let me talk over there to see
if are we about to take a break

2251
02:16:50.920 --> 02:16:52.840
or not, because if we're not, I think we're about to be done

2252
02:16:52.879 --> 02:16:58.000
for the day here shortly, it's
about four thirtieth somewhere. If we're if

2253
02:16:58.040 --> 02:17:01.399
we've got a juror wanting to ask
good question and you're going to have to

2254
02:17:01.399 --> 02:17:03.479
deal with that anyway. No,
we don't ask questions until the end.

2255
02:17:05.159 --> 02:17:07.680
Until the end, I know I
figured that. But maybe you want to

2256
02:17:07.680 --> 02:17:11.479
tell them. He Deputy Hanandez already
did tell them. This would be a

2257
02:17:11.520 --> 02:17:15.920
good time because then we can look
into this. He was moving on anyway.

2258
02:17:16.040 --> 02:17:24.479
Yeah, okay, thank you in
open court, mister Sullivan, Yes,

2259
02:17:24.360 --> 02:17:31.600
ma'am. Following up on our discussion. Well that's the end of section

2260
02:17:31.639 --> 02:17:37.079
there. Okay, So you're saying
now is a good time to stop,

2261
02:17:37.840 --> 02:17:39.680
Well, that's what I thought we
were just discussing, but yes, it

2262
02:17:39.719 --> 02:17:43.840
would be okay. So ladies and
gentlemen of the jury, we're going to

2263
02:17:43.920 --> 02:17:46.879
have to go ahead and stop for
the day. Tomorrow morning, when you

2264
02:17:46.920 --> 02:17:50.760
come back, we will pick up
again and mister Sullivan's cross examination to mister

2265
02:17:50.799 --> 02:17:54.239
Balaia. So remember the instructions.
Don't talk to anybody about the cases over

2266
02:17:54.280 --> 02:17:58.680
the evening, don't do any of
your own research about people of parties involved

2267
02:17:58.719 --> 02:18:01.360
in this particular case. And tomorrow
I will ask you to come get here

2268
02:18:01.360 --> 02:18:05.680
about nine fifteen and then we'll go
from there. Thank you all very much.

2269
02:18:05.760 --> 02:18:07.799
Put your notes back in the envelopes. Thank you all. The jury

2270
02:18:07.840 --> 02:18:13.520
retired from the courtroom at four thirty
four pm. Thank you. You all

2271
02:18:13.559 --> 02:18:16.440
can be seated. Is there anything
else on the topic that you want to

2272
02:18:16.440 --> 02:18:18.360
consider? I don't think so,
Judge. If something comes up that I

2273
02:18:18.399 --> 02:18:20.680
think we will look at it tonight, but if it's appropriate, I don't

2274
02:18:20.680 --> 02:18:24.399
think so. Okay, and then
anything else before we break, no,

2275
02:18:24.559 --> 02:18:30.760
ma'am judge, we want to talk
about scheduling later in the week. Everybody

2276
02:18:30.760 --> 02:18:33.680
can be seated if you want,
Yeah, we can. If you need

2277
02:18:33.719 --> 02:18:35.639
to talk. I would rather we
can go. We can talk about scheduling

2278
02:18:35.719 --> 02:18:39.920
Judge tomorrow morning or whatever. That's
fine, Thank you, all right,

2279
02:18:41.079 --> 02:18:43.920
thank you, so Judge. They
may not have somebody ready to go Friday

2280
02:18:43.920 --> 02:18:46.319
if we finished before Friday. I
think we scheduled this with the idea,

2281
02:18:46.360 --> 02:18:48.719
frankly, that we would get our
case done this week and they were to

2282
02:18:48.760 --> 02:18:52.079
do theirs next week. I don't
know if you want to talk about that.

2283
02:18:52.799 --> 02:18:56.159
Here is the thing, Arana.
We had a bunch of people schedule

2284
02:18:56.239 --> 02:19:00.559
they travel to come in this weekend
in be ready to go on Monday,

2285
02:19:00.879 --> 02:19:03.120
and then we heard about this morning
about well they may even be able to

2286
02:19:03.159 --> 02:19:05.479
wrap up on Thursday, which kind
of throws a little bit of a monkey

2287
02:19:05.520 --> 02:19:09.360
wrench in the works. So do
you want to see if you can get

2288
02:19:09.399 --> 02:19:13.840
somebody, anybody else coming in earlier. I don't know. We will,

2289
02:19:13.399 --> 02:19:18.120
We'll explore it and then we'll report
to you. Okay, thank you.

2290
02:19:18.159 --> 02:19:22.639
Anything else, No, no,
your honor. I mean, if all

2291
02:19:22.639 --> 02:19:28.760
possible, I would like to just
continue to go right through rather than having

2292
02:19:28.760 --> 02:19:31.799
breaks along the way. The jury
would probably want to break sooner rather than

2293
02:19:31.040 --> 02:19:35.239
have days off here and there.
That would be our preference. When we

2294
02:19:35.280 --> 02:19:39.319
originally slotted it out if the pre
trial conference and stuff even up until the

2295
02:19:39.399 --> 02:19:41.840
last week. We both said five
full days. All of our folks were

2296
02:19:41.079 --> 02:19:45.319
I understand, Do you have any
depthouse? Do we have depositions? We

2297
02:19:45.360 --> 02:19:46.479
do, It's not as lengthy as
I think what's going to come in their

2298
02:19:46.479 --> 02:19:50.799
case. We'll take a look at
it. Okay, thank you, thank

2299
02:19:50.840 --> 02:19:56.239
you, thanks, that's it all
right, So you can break for the

2300
02:19:56.319 --> 02:20:00.639
day. The court is in missess
until tomorrow at nine fifteen, while proceedings

2301
02:20:00.680 --> 02:20:35.639
adjourned at four thirty seven pm.