Kemo
03-05-2016, 10:57 PM
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The trial in Hulk Hogan’s lawsuit against Gawker, which starts Monday in St. Petersburg, Florida, took a surprising turn yesterday during a motions hearing. During arguments, it was revealed that Bubba the Love Sponge Clem (formerly Todd Clem, he changed his legal name when he ran for office), who shot the video of his then-wife Heather Cole having sex with Hogan without Hogan’s consent, will not be testifying at trial. Well, he’s being called to testify, but he has retained a criminal defense attorney and will be asserting his Fifth Amendment rights against self-incrimination. The information came out on Twitter during the hearing yesterday afternoon, but the most complete account so far is probably this Tampa Bay Times article by Anna Phillips (http://www.tampabay.com/news/courts/civil/jury-selected-in-hulk-hogan-sex-tapes-trial/2267958).
This development is especially noteworthy since it came out this past week that Clem’s settlement with Hogan required him to cooperate with him in the lawsuit in not help Gawker. Mark O’Brien, the lawyer retained by Clem, refused to discuss Clem’s reasoning for pleading the fifth. Michael Berry, one of the attorneys on Gawker’s legal team, said yesterday that “It appears Mr. Clem may have perjured himself,” with Hogan lawyer Kenneth Turkel responding by saying that “I would disagree that Bubba thinks he perjured himself. I have no idea what he thinks.”
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At the very least, Clem can’t be pleading the fifth about the filming of the sex tapes without Hogan’s consent, as the statute of limitations expired on that crime before the Gawker post with clips of the video ever went up. Gawker’s hunch about Clem committing perjury is, specifically, that Clem lied when he testified in his deposition. For a while now, they’ve been banging the drum that he might have perjured himself because he changed his story: Originally, Clem went on his radio show grandstanding about how Hogan knew he was on camera before changing his story and apologizing after they settled and he was removed from the lawsuit. Here’s what he said under penalty of perjury about if he was telling the truth when went on that rant on his radio show:
"I’m spewing venom at this point. I’m the fake. I’m the fraud at this point; he’s not. I’m projecting. I’m guilty. I’m busted. And I’m just spewing out anything that comes off the top of my mind to keep people’s eyes off the truth and the ball. A. And I had the luxury of being on this bully pulpit and him not being able to respond back. It’s – it’s totally irresponsible and not fair."
Meanwhile, also addressed during the hearing yesterday was the issue of if Hogan’s lawyers can compare him to TV sports reporter and personality Erin Andrews, who’s currently in the middle of her own, somewhat similar civil trial. Judge Pamela Campbell ruled that Andrews could not be referenced during the trial, citing potential “confusion on the legal issues.” Andrews is suing both the man that shot videos of her changing clothes (through a manipulated hotel door peephole) as well as the hotel chain that made it possible for him to get rooms next to her’s.
The trial in Hulk Hogan’s lawsuit against Gawker, which starts Monday in St. Petersburg, Florida, took a surprising turn yesterday during a motions hearing. During arguments, it was revealed that Bubba the Love Sponge Clem (formerly Todd Clem, he changed his legal name when he ran for office), who shot the video of his then-wife Heather Cole having sex with Hogan without Hogan’s consent, will not be testifying at trial. Well, he’s being called to testify, but he has retained a criminal defense attorney and will be asserting his Fifth Amendment rights against self-incrimination. The information came out on Twitter during the hearing yesterday afternoon, but the most complete account so far is probably this Tampa Bay Times article by Anna Phillips (http://www.tampabay.com/news/courts/civil/jury-selected-in-hulk-hogan-sex-tapes-trial/2267958).
This development is especially noteworthy since it came out this past week that Clem’s settlement with Hogan required him to cooperate with him in the lawsuit in not help Gawker. Mark O’Brien, the lawyer retained by Clem, refused to discuss Clem’s reasoning for pleading the fifth. Michael Berry, one of the attorneys on Gawker’s legal team, said yesterday that “It appears Mr. Clem may have perjured himself,” with Hogan lawyer Kenneth Turkel responding by saying that “I would disagree that Bubba thinks he perjured himself. I have no idea what he thinks.”
zXQIYViJKAE
At the very least, Clem can’t be pleading the fifth about the filming of the sex tapes without Hogan’s consent, as the statute of limitations expired on that crime before the Gawker post with clips of the video ever went up. Gawker’s hunch about Clem committing perjury is, specifically, that Clem lied when he testified in his deposition. For a while now, they’ve been banging the drum that he might have perjured himself because he changed his story: Originally, Clem went on his radio show grandstanding about how Hogan knew he was on camera before changing his story and apologizing after they settled and he was removed from the lawsuit. Here’s what he said under penalty of perjury about if he was telling the truth when went on that rant on his radio show:
"I’m spewing venom at this point. I’m the fake. I’m the fraud at this point; he’s not. I’m projecting. I’m guilty. I’m busted. And I’m just spewing out anything that comes off the top of my mind to keep people’s eyes off the truth and the ball. A. And I had the luxury of being on this bully pulpit and him not being able to respond back. It’s – it’s totally irresponsible and not fair."
Meanwhile, also addressed during the hearing yesterday was the issue of if Hogan’s lawyers can compare him to TV sports reporter and personality Erin Andrews, who’s currently in the middle of her own, somewhat similar civil trial. Judge Pamela Campbell ruled that Andrews could not be referenced during the trial, citing potential “confusion on the legal issues.” Andrews is suing both the man that shot videos of her changing clothes (through a manipulated hotel door peephole) as well as the hotel chain that made it possible for him to get rooms next to her’s.