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It has been over three years since Gawker.com published excerpts of a secretly taped video of Hulk Hogan having sex with Heather Cole, the wife of Bubba The Love Sponge, and The Hulkster responded by quickly filing a $100 million lawsuit against the gossip website and his former friends for the "illegal" publication of those X-rated clips.
The cases against Bubba The Love Sponge and his ex-wife Heather Cole were quickly settled, but the financial terms of the settlement were not disclosed at the time. In Bubba's case, that was until now. According to the website LawNewz.com, Hogan dismissed his claims against Bubba without prejudice (meaning he could refile them at a later date if he wanted) for the paltry sum of $5,000 in return for Bubba's cooperation in his ongoing legal battle with Gawker:
"A review of the transcripts from a pre-trial hearing in the case obtained by LawNewz reveals that Hogan agreed to dismiss his claims against Clem — the man responsible for creating the now infamous tape — in exchange for only $5000.00 (yes, that is just five-thousand dollars), a public apology and a promise to no longer disparage Hogan and to cooperate with Hogan in his lawsuit against Gawker.
The issues surrounding the settlement agreement were raised at the pre-trial hearing by attorneys for Gawker who argued that the jury should be made aware of the existence of the agreement. Hogan’s attorneys argued that terms of the settlement agreement were confidential and that what had been already been stated in court came close to violating that confidentiality agreement.
At the conclusion of the hearing, the judge said that at least for now, the settlement could not be mentioned to the jury during the trial."
Although Judge Pamela Campbell denied the motion one can certainly understand why Gawker would be uneasy over the forgiving terms of Hogan's settlement with Bubba. As David Bixenspan suggested, such a sweetheart deal might encourage Bubba to change his story when he testifies in the trial itself from the original testimony he gave when he was deposed at the beginning of the case.
Speaking of the trial, it started yesterday and continued today with jury selection, which has been a surprisingly amusing process as many potential jurors had to be excused for clearly demonstrating they wouldn't be fair and impartial jurors for the case. Here, are the highlights of the first two days of legal proceedings courtesy of Anna Phillips of the Tampa Bay Times and Tom Kludt of CNN:
Time for the real main event!"I AM" going to slam another Giant! Hogan vrs Gawker! Watcha Gonna Do Gawker? Only Justice Brother HH
— Hulk Hogan (@HulkHogan) March 1, 2016
For those watching at home, today is going to be tame: a few dozen jurors explaining why they can't devote 3 weeks of their lives to this.
— Anna Phillips (@annamphillips) March 1, 2016
Hogan enters the courtroom. Lots of murmurs and giggles from the jury. Seems like half the room just figured out why they're here.
— Anna Phillips (@annamphillips) March 1, 2016
A collective groan from prospective jurors when judge says that Hogan/Gawker trial is expected to run three weeks.
— Tom Kludt (@TomKludt) March 1, 2016
Judge presents Gawker's side of the case, that video of Hogan was "a matter of legitimate public concern." Several jurors scoff audibly.
— Anna Phillips (@annamphillips) March 1, 2016
Nearly done with jury selection for the day. Majority of potential jurors dismissed. Smaller, unhappy pool returns tomorrow. #hulkvsgawk
— Anna Phillips (@annamphillips) March 1, 2016
Judge warns jurors against going online. Says several, when asked if they could stay off the Internet, simply said "no." #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Judge now disparaging the quality of online stories today. "There used to be investigative journalists," she says. #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Typical exchange so far:
— Anna Phillips (@annamphillips) March 2, 2016
Do you know anything about Gawker? "Never heard of them"
Don’t know them from Adam?
"No" #hulkvsgawk
Female juror says she's heard negative things about Hogan. "Sex with a friend’s wife, although consensual, seems a bit slimy" #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
"He seems to enjoy the circus atmosphere that follows him," says same female juror. "I'm very opinionated." #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
"Very opinionated" female juror is excused. Everyone, including her, agreed she couldn't be impartial. #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
A male juror who works at a school in Tampa says he's seen parts of the sex tape. On Gawker? "No, on porn sites." #hulkvsgawk #honesty
— Anna Phillips (@annamphillips) March 2, 2016
Juror: "Seems to me like a rather inappropriate arrangement. One man’s wife is one man’s wife and... should remain that way" #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Juror 11 also indicates a bias against Gawker: "The idea that [tape] was received in good faith does not seem possible to me." #hulkvsgawk
— Tom Kludt (@TomKludt) March 2, 2016
Porn-watching, Bubba-the-Love-Sponge-listening juror is excused. Surprising no one. #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Juror 13 has no bias over Hogan's use of the N-word. She laments that "a certain race can say it, but a certain race cannot." #hulkvsgawk
— Tom Kludt (@TomKludt) March 2, 2016
Juror who said it was "not right" that some people can use the n-word & some can't is not excused. She'll return this afternoon. #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
A fair number of jurors know nothing about Hogan except 1) his son was in a bad car accident 2) he went through a bad divorce #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Juror 19, devout Christian, says she can't view Gawker/ Hogan the same given Hogan's past infidelity. He's a "sinner," she says. #hulkvsgawk
— Tom Kludt (@TomKludt) March 2, 2016
Juror #22 says he shouldn't serve because he's friends with people who know Heather and Bubba Clem. "Probably not a good idea." #hulkvsgawk
— Tom Kludt (@TomKludt) March 2, 2016
Attorney: Do you follow wrestling?
— Anna Phillips (@annamphillips) March 2, 2016
Juror: "Yeah, when it was real back in the day." #hulkvsgawk
She might also be the first juror to be well aware of Gawker: "It's a fairly well-known phenomenon," she says. #hulkvsgawk
— Tom Kludt (@TomKludt) March 2, 2016
Juror says the fact that the sex was extramarital bothers her.
— Anna Phillips (@annamphillips) March 2, 2016
What if the husband approved?
That's even worse, she says. #hulkvsgawk
Same juror who wrote down "I'm on Terry Bollea's side," also wrote, "I like Hulk Hogan" #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Man currently being questioned is no fan of Gawker, says the site is filled with "exploiters" and "voyeurs." #hulkvsgawk
— Tom Kludt (@TomKludt) March 2, 2016
Male juror, daily newspaper reader: "The only impression I have is that all parties involved have some serious moral issues." #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Juror: "I don’t know anything about Gawker. Never seen it. The name to me would imply a site that shows pornographic material." #hulkvsgawk
— Anna Phillips (@annamphillips) March 2, 2016
Sandal-wearing man says he doesn't know if he could be impartial. "I have a very pleasant memory of Hulk Hogan." #hulkvsgawk
— Tom Kludt (@TomKludt) March 2, 2016
This reads like an embarrassing day for Hulk Hogan to sit through, but he can be thankful the potential jurors most critical of his behaviour were all sent home. The trial should start to pick up steam next week, once all the formalities are out of the way and the opening arguments have been made. We at Cageside Seats will be giving regular updates on the trial over the next few weeks, as this will be one of the biggest mainstream wrestling stories of the year.