Bubba Clem won’t be forced to testify in the $100-million lawsuit filed against Gawker Media by Terry Bollea, better known as Hulk Hogan.
The judge granted Clem's wish not to be forced to take the stand because he would perjure himself despite Gawker wanting to call him as a key witness. But the Gawker attorney admits getting Clem to tell the truth is a problem.
"We are in a bit of a bind because Mr. Clem is a pathological untrustworthy person,” said Michael Berry, Gawker attorney.
A.J. Daulerio, former Gawker editor, told the jury they only published nine seconds of video of Hogan having sex with Bubba the Love Sponge's wife at the time, Heather Clem.
Daulerio said the gossip website was more focused on the pillow talk in the one minute 41-second video they published.
"I really wanted to focus on the things that were being said on the sex tape. The conversation between Mr. Hogan and Mrs. Clem,” he said.
On cross examination, Daulerio admitted his news story was not trying to disprove Hogan's public statements about having sex with Heather, which is one of Gawker's defenses.
The CEO of Gawker, Nick Denton, also took the stand and talked about his philosophy in creating Gawker.
"You can call it gossipy, I call it truth,” he said.
The jury had seen video depositions from Denton and Daulerio last week. This week it's Gawker's turn to present their defense.
Attorneys for Gawker say Clem has made conflicting statements about whether Hogan knew there was a hidden camera in the bedroom. Gawker says Hogan settled his lawsuit against Bubba for $5,000.