Ep. 355: Hulk Takes the Stand One More Time Part 2

In the Circuit Court of the sixth Judicial Court of the State of Florida in and for Pinellas County. Terry Jean Blaya, professionally known as Hulkhogan, plaintiff versus Gawker Media LLLC aka Gawker Media, Nick Dentick, AJ Delrio Defendants. Excerpt from trial proceedings before the Honorable Pamela A. M. Campbell, continue

testimony of Terry Boley March eighth, two thousand and sixty. Call to order at nine twenty one A. The following is an excerpt from trial proceedings that want everybody, are there any issues to discuss prior to the jury coming in? Judge, we still haven't worked through that number. We'll get with Randy and we'll make sure that's good. Okay, So we're continuing with the cross

of mister Balaia. Yes, your honor, mister Balaia, do you want to come up on the stand then please and remember your still under oath. Let's go ahead and bring in the jury. The jury entered the courtroom at nine twenty three am. Thank you, everybody can be seated. Thank you all again for continue joining us today. So would each of you please raise

your right hand, jury sworn. I have each been able to follow my instructions over the course of the evening, and that is not to talk to anybody about the people or parties involved in this case, not to do any own research, including going on the internet. Yes. Good. Did anybody approach you or try to talk to you over the course of the evening or this morning? No? Great, thank you very much. All right, So yesterday when we left off, we were on cross examination to mister Balaa

by mister Sullivan. That's where we're going to continue this morning. Mister Sullivan, thank you, your honor. Good morning, your honor, Terry Jean Balia, plaintiffs witness here in previously being previously duly sworn on oath, testified further as follows. Good morning, mister Balaiah. Morning certain, and may I approach the witness, your honor. Thank you, mister Belaya. If you could please focus your attention on the interview that you did on TMZ on

March the seventh of twenty twelve. All right, do you recall in that interview you appeared by phone and your attorney David Houston also appeared by phone. Do you recall that, yes, sir. Now, just so we're clear, when you and I discussed this at your deposition, there was some confusion because you thought about another phone interview, which was that one that happened in New York. Okay, that is not the one we're going to discuss first

thing this morning. We're back at the one that took place on March seventh of twenty twelve. All right, now, this may help you frame our discussion. That was the one after the report TMZ first reported publicly that there was a news news that there was a Hulk Hogan sex tape out there circulating. So that's the one we're going to talk about. Now, let's take a look at that report, Tim, if you could play please, defendants

Exhibit two fourteen. It's a clip I think see the introductory portion video clip published as follows. So we're gonna talk about the tape, and the best person to talk about that tape is probably Huk Hogan, and he joins us now on TMZ Live. Hulk first of all, welcome. Yeah, first

of all, guys, there were several brunettes. Okay, but let's let's at least get that part, you know, Oh, there were several all right, no, No, there was you know, between between the divorce from Linda to the time I'm at Jennifer, I had about four and a half months where I went back what really went crazy, and I actually wrote about in my book I'm out staying drunk and crazy at all the bars.

So I was really out of my mind for a while. Video clip concluded, Now, mister Belaya, do you recognize your voice in that TMC report? Yes, sir, okay. And when you said there, I think you said, first of all, guys, there were several brunettes. Between the divorce from Linda and the time I met Jennifer, I had about four and a half months that I really went crazy, and I actually wrote about that in my book, about staying drunk and crazy and hitting all the bars.

Do you recall that, yes, sir okay. Now tell us was that a true statement that you made to TMZ. Well, I was in character and I am belish a little bit about the number of women. Okay, So when you made that statement to TMZ, was that you Terry Balaya or was that you Hulk Hogan? Well, I was totally Hulk Hogan because I wasn't at my home, in my private house. Okay, well take

it when because I wasn't at my home and my private house. Brother, Okay, all right, now, I take it when you did that interview with TMZ, you felt comfortable at that time sharing with the public that you had a lot of women between your marriage to Linda ending and the time that you got with your new wife. Right, would you repeat the question? Please? Sure? Sure? My question was you felt comfortable sharing publicly that you had a number of women between the time your marriage to Linda ended and

your relationship with your new wife commenced. Is that fair to say? Well, I felt comfortable saying those words, yes, because it was Hulk Hogan, and I was just embellishing about instead of having a couple of girls, a bunch of girls, I was just being Hulk Hogan in character. I see. All right, well let's do this if we could, please hear the next clip video clip published just follows. Can I crack one tiny joke

here? Sure? Brother? Why not? It's because the one thing that I just found so funny is it you're just so famous for your wrestling gear, and apparently in this video there is a suntan line that would reveal that whoever that person is stopped dancing around. It was wearing a thong. Well, let me put it to you this way, brother, when you wrestle in the ring, you don't want like like the girls with that pammy line,

you know, with the underwear cutting into your cheeks. So I basically when you wear the the you know, these so called tights and the wrestling ring, you know, most of the guys were a jockstrap. I prefer a throng, you know. But at the end of the day, let me put it to you this way, brother, I used the throng like laying in the sun bed, not out in public. But the main thing is, thank god that my you know, my ex. You know, let's I don't even want to go there, but let's just say thank god

it wasn't a guy. Yeah, well that was the only thing we thought could be worse if it was a young male, So we were grateful. You're brutal, David. That's your lawyer, and that's your lawyer. Video clip concluded. Mister Balai. The voices that came on there at the end, the part about saying thank god it wasn't a guy, that was your voice, right, m I'm not sure you know, in the beginning it

sounded like he was either me or David David Houston. I couldn't hear real well, that was mister Houston, okay, sitting here at the table with you, right, I just didn't hear who said that verbiage about thank god it was a boy not a boy? Or did you want to hear it again? Well, I mean, I don't know what your question would be. Okay, do you recognize the voice of your lawyer on that clip?

Yes? Or it sounded like David mister David Houston okay. And when TMZ shared publicly the information about how the video, the sex tape video that they reviewed revealed you naked and showing your tan line, did you consider that to be invasive of your privacy? Well, you can tell it's you know, first off, TMS he said, you know, we're joking or we're gonna make a joke. So right away, you know it tells you you know, it's all character driven show, and it's all you know, they're having

fun, they're trying to entertain you. So you know, as we're talking about the situation with my rear end, they're saying hulk. You know, he actually said Hulk, How do you feel about it? And you know, sometimes in the ring, you know, when you're wrestling, such as when I wrestle Rick Flair and he beats me up and he runs away, I kind of like pull his pants down and his rear end hangs out and he, you know, he walks around the ring with his rear end hanging

out. So to me, that kind of like, you know, was a joke, and this is all joking, But it's totally different than you know, you coming into Terry Ballet's house and taking a private video of me, so that you know, that really wasn't really that embarrassing to me because the rear end in the butt and the wrestling thing is kind of like all fun and all joking around, you know, and they were trying, you know, they were saying it in a very joking manner. So how do

you feel about your rear end and hanging out of the Hulk? You know, so, I, you know, this kind of reminds me of the wrestling. You know, it's a joke. Sure, so I take it if we boil that down. The answer to my question is no, I didn't consider that invasive of my privacy, right, you know, having Hulk Hogan's rear round up there. I didn't think was invasive of Terry Balaya's privacy. Right, it's a legit quote. Read it again. You're having Hulk

Hogan's rear end up there. I didn't think that was invasive of Terry Balay's privacy. Right, All right, fair enough? Now, TMZ posted a report of the interview that you and mister Houston did on its website. Right, I don't know what. Let's see if this helps you out talking about I'm sorry, dude, Let's see if this helps you directing your attention to defendants. Exhibit one sixty, which is a March seventh, twenty twelve post online on TMZ Online titled Hulk Hogan. I have no idea who my sex

tape partner is. Do you recall that being posted by TMZ immediately following the TV interview. I don't recall it. But if you say it was posted by and that was the actual date, I believe you. I just don't remember every every single article it's written all the time. Sure, I can

appreciate that. Let's see if we can help you out here, all right, Tim, if you could call up defendants Exhibit one sixty and if you could please display the second to third page, mister Hogan, mister Bala, if you would look please, I think we had the headline up there and it just disappeared. Could you there it is? Do you see the headline that I read to you a moment ago, Hulk Cogan? I have no idea who my sex tape partner is? Yes, or I do see that?

Okay, super If we could now go to the page of texts, all right, you'll see there the second one, Hulk tells us. You know, can you leave that up for a second, you know, I'm just trying to read it, brother, Yes, yes, very well, Okay, this is more difficult than I thought. I'm looking for the paragraph that says Hulkogan a TMZ Live moments ago. There you go, thank you.

Do you see there? It says Hulk Coogan to TMZ Live moments ago, claiming he went in a four month alcohol fueled lady screwing benda between the time when he left his ex wife Linda and met his current wife Jennifer. Do you see that? Yes, you're a I see where they wrote that with their words. Okay, all right now, and that post was dated Much seven, twenty twelve, at one fifty pm. Right, yes,

sir. Now let's shift I focused slightly and talk about your dealings with TMZ around this time, around the time of interview, around the time that they ran this article. So we're focused on March at twenty twelve. All right, okay, okay, Now you know TMZ's Mike Walters, don't you, Yes, sir, I know who he is, and based on your knowledge of him, he is a reporter for TMZ, right, yes, sir. And he appeared in that TMZ video we just looked at. Did you

see him? I didn't. I didn't pay attention to who was in there. Okay, there's a gentleman there with a black T shirt, yes, sir, dark hair, yes, sir. And you talked with him in connection with wrestling news. Correct, with wrestling what wrestling news? I don't recall. It's very possible. I have Okay, a wrestling events you talk with him about that. It was the guy with the dreads. No, sir, the black shirt, No, it's were you talking about Harvey with

the black hair? No, it's the gentleman you said, the guy with the black hair. Tim If we could play more of that clip so that mister Blair can see mister Balaia. To help you out, my colleagues inform me that the brief portion we played did not depict mister Walters. So in fanness to you, we're going to play a little bit longest you can say. Okay, yeah, I didn't recognize he was up there. Sure, I don't mean to cause confusion. It's okay. Video clip published as follows.

At the end of the tape, you leave and Bubba comes back in the room. Video clip concluded. Okay, do you recognize that fellow? Yes? Or I do sab mister Walters. Yes, it is all right. Now focusing on the discussions you had with Mike Walter's in March twenty twelve, maybe approach all right at the bench, he's confusing to witness. The clip that they just put up was not from the same exhibit. We pulled up the wrong one. Okay, let me finish. They just pulled up

a clip from a different show at a different time. This gentleman did not appear in the last clip. This is an October clip. There's confusion with our tech guy. He's playing the March No, he's not. No, he's not. That was in March. That was October. Okay, Judge, if we could look there's a process for how we impeach witnesses. I'm not impeaching him. Can I just please finish? I'm trying to avoid umping up in the middle of all this video stuff because I think eventually, somehow

or another, most of it comes out. However, you ask a witness a question in court, he answers yes or no, and then you appeach him with an inconsistent statement. If it's inconsistent, if they're going to offer those these for the truth of the matter asserted, or as admissions against his interest somehow or another. I need some kind of predicate before they just throw videos up there to understand what they're doing, because I don't know whether I

should object or not, especially because there are so many of them. Mister Sullivan is stating the number. Do you have a list of the number in which video it is? We do? I think my bigger problem is this, And again I don't want its cross, and he deserves wide latitude on cross, particularly with the plaintiff. But there's no predicate for anything. In other words, about five questions ago, he just referred to an exhibit. Now, remember you told me in your deposition and it wasn't tied to any

specific statement. Well, judge, please, if I can finish, I mean, every now and again, we like to make a record too. And the point is I'm getting deprived of my right to figure out basically what he's doing. Is he trying to refresh his memory as he's trying to impeach something he said? I mean not to be too big of a stickler, but if he's going to refer to his deposition, there's only two purposes for it. One, the witness may have forgotten something and you're going to show

it to him and say does that refresh your memory? Or Two you just said X. Isn't it true that in your deposition you said why there is a process, There are elements to these these foundations, and I just need some kind of an order to this so we can figure out what he's doing. Thank you, missus Sullivan. Yes, ma'am. And here's the thing I took his deposition. He has a very difficult time with chronology. He

gets confused. That's my perception. You may have a different view. So I have tried to do this in a way to kind of take him along so it doesn't become unduly confusing for the jurors. But I also want to make sure he's not confused. I understand. I mean, we don't want to add to the confusion. So that popped up. I knew we had a video of Mike Walter's in a black T shirt. But the point, and what I was going to say is I'm not trying to impeach him.

When I try to impeach him, you'll know I've been trying to use his deposition to get him focused and refreshest recollection to keep this thing on track. Is that which you gave him a copy of the deposition? Yes, it has every single volume in order. Great. I'm just asking that whatever he's trying to do, he lay a predicate for it so that I know what

it is. That's fine. And so mister Sullivan, then are you now that we're going back, now that it's clear as to which time frame and who's on which clips, are you going to clarify that, yes, I will. It came out of order. The thing is this, if he's putting this up here a substantive evidence to ask a witness white just a second

I just assume he and Barry hear the same thing. No, they had different He is mister Sullivan if he's putting this up there to ask the witness questions about it, and all fairness to the witness, playing two seconds of what maybe a sixty second clip isn't fair because if he's trying to refresh him, he may need to see the whole thing. The problem is, I don't really know what it is in the rest of the clip, so I

don't know if those are certain things that have already been ruled out. My colleague tells me that we have the one that mister Walters appears in on March seventh, and that we will play the whole thing so there will be no confusion. I don't know where he's going or what he's doing. I just know that the witness has a right to know exactly what he's looking at and when it occurred. The other thing as well, Is there anything in that

match seventh video clip that I've already ruled us out? No, ma'am. I want to talk about your rulings though, because your rulings were that they were going to use these not for the truth of the matter, asserted but merely to show that things were being reported. What we just did as a statement made by TMZ that was far more offensive than the one he made on the show, an argumentative. It was pulled out shown to the jury, and that was the entire point of that. That's using it for the truth

of the matter. No, it's not asserted, not to show it was discussed. He's talking about all this stuff he found invasive of his privacy. Do you find that invasive? That's not the statement. The statement is did you go in an alcohol fueled four month bender or whatever? But it goes it's two things. I think where this is all going is is it public

concerned that this stuff was being reported on by the press. Whether he's characterized his way in his words, which is one thing, separately the press is reporting it, which is we have to show is for a legitimate matter of public concern, and how it's being characterized and portrayed in the press are two separate things. But we have to be able to get it in right. But the problem is that they've shown the show. They've shown the press being

reported. They showed him making a statement on it, and cumulatively they showed the way that the press characterized it on top of that, which is going to far more. These are all kinds of things that could have been taken care of ahead of time, but they can't be cumulative. So I think this has been resolved. Thank you, your honor. May I play that one that is correct? March seventh, one great, Thank you clarify with mister Belaya. Thank you in open coort. All right, you may perceive

missus Sullivan, Thank you, your honor, mister Balaia. We created some confusion here, and maybe it's my fault, but we have shown you a little clip. I asked you about the fellow in the black T shirt. We showed you a clip from a letter later TMZ report, which we'll get to you later in the morning. Okay, it was not my desire to create confusion for you. So what we're going to do is we're going to show you the report that aired by TMZ on March seventh, twenty twelve,

and let you look at that. All right, well, I'll do whatever I canna help you, Yes, sir, super thank you. Video clip published as follows. Oh first of all, welcome, Yeah. First of all, you know there were several brunettes Okay, let's let's at least get that part. Oh there were several brunettes. Well, no, there was. You know, between between the divorce from Linda and the time I met Jennifer, I had about four and a half months that I really went crazy.

And I actually wrote about it in my book, you know, about staying drunk and crazy and hitting all the bars. So I was really out of my mind for a while. So you actually, and we're going to get to the sex tape, but you obviously prefer blonds, but was going for brunette' kind of statement against Linda Hogan. Oh, no, brother, he was just you know, I don't I don't know what was wrong with me. I was just so shocked and broken up. You were drunk because

I dreamed that I was the guy that would always stay married. And then you know, when the whole thing went down, and you know, Linda fell in love with a younger guy. I guess everything in and it's nobody's fall up on my own. So I'm not blaming her, but you know, I just went crazy for a while. Okay, So, Hulk, I want to say we were also joining the fund with David Houston, who was your lawyer in this whole thing. So, David, welcome as well. Thank you, Harvey. So walk us through this. So when what

year is this tape shot? Well, brother, I don't know what year it was, but this year around September, and you know, the end of September October, I will have been with Jennifer for five years that long. So the question I'm wondering is, you know, why would somebody hold on to this for at least five years, you know, and then do this to me? Now that's what I don't understand. And I don't know,

you know, and I did not know what was being done. You know, I didn't say, hey, Brunette Las, put a camera up and have a sex tape. I mean, I'm dumb, but I'm not dumb and dumber brother, And so I just don't know why someone would do this number one and number two, why they would wait five years to release it? Oh, Carvey, at least five at least five years? Hey,

how can David? This is Mike Walters. I've actually seen part of this tape, and this is kind of how we wrote the story in front of looks like and from what I've seen, it appears to be a little bit old. And the reason I say that is from what you see of Hulk and what he looks like and how he's and what he's discussing about working out and stuff, it seems. And I discussed this with them earlier when we did the web story. But it only shows a brunette. It shows

him. It's a bedroom, it's a security footage from inside of a home, and it shows Hulk kind of going towards a brunette woman. And then that's all that I've seen. I haven't seen whether or not this tape is some lengthy thing or what exactly happens after that. Does that ring anything kind of a bell with you? Hulk? You know, Hervey Harvey. I'm not trying to be a smart Alec and I'm horrible with remembering names, you know. But you know that's why I call everybody brother, you know.

But during that time, that four or five month window where I was going crazy, I was, you know, one of the first things I did was when I sat down with Jennifer, I said, I don't even remember people's names, you know, last weekend that I met I meet so many people, you know, much less girls five or six or seven years ago, you know, or five years whatever it was. He I couldn't remember her name if I had to. And the truth is it wasn't just Brunette's.

I was running pretty wild there for a few months. So when we started when we started hearing about this last night, and one of the first things we tried to do is put together a picture of who this could be. It sounds like it's somebody that hit hard times and had the tape and then hooked up with someone that had the ability to try to market it.

And in fairness to them, we want to put them on notice. They're committing a felony, and a lot of people aren't worried about civil liability because they may not have anything, but I think everybody is worried about whether they're going to spend time in jail, And in reality, this is notice. If anyone goes forward with this thing, we're going to find them and we're

going to have them prosecuted. Video clip concluded. Was that helpful? Yes, sir, that was Mike Walter's there, Okay, And just again, that was the fellow in the black T shirt. I'm sorry I didn't notice. It was just the guy that they cut to and said, Hulky, I've seen the part of the tape, hulk Yeah, I didn't see the whole thing whatever. Right that fellow that said I've seen part of the tape. That was Mike Walters. That was Mike Walters. Okay, now we're

on the same page. Okay, Now you know what call if you asked mister Walters where he got the tape from, right, sir, I don't recall that, okay. And you never had a conversation with him where you asked him to destroy the tape right now. I don't remember asking him personally to destroy anything, okay. And you never told Mike Walter's not to talk about it publicly, did you? No, sir, I didn't have a problem with that, right. And you never told Mike Walter's not to write

about this, did you? No, Sir, I did not. Okay, I have a problem with him writing an article about it. What's that? I did not have a problem with him writing an article about the tape? Right now, after these events, after you had the interview, and after they published their post online, you didn't talk to Mike Walter's off the year about the sex tape, did you? No, Sir, okay. And the other gentleman we saw there in the intro Harvey Levin. You didn't

talk to him offline about the sex tape, did you? No, sir, you didn't talk to that gentleman we saw, the fellow with the dreadlocks. You didn't talk to him after you went off the year either, I take it, no, sir. Okay. Now, you didn't ask them at this time when this came out in March of twenty twelve. I take it you didn't ask them to see the sex tape they had. Did you to what the sex tape? To see the sex tape they had? No,

Sir, I did not. Okay. Now, you don't recall if Mike Walter's provided you with any information about what he saw on the sex tape? Correct? Just that information right there? Okay? And that isn't that something? Isn't that something you would likely recall if he provided you with information about what he saw on the sex tape? Wouldn't you remember that? Yep? From this tape? I don't know I remember it now, you know

you just showed me this tape. But I've done so many interviews I've done it's just overwhelming to try to remember one interview out of thousands over the last well, you know, at the same time of this timeframe, the last seven or eight years. Okay, if you could turn please and look with me at your deposition, If you would look at the fifth volume, do you have a page, yes, ma'am six seventy nine? Which volume? Yes, sir? Volume five volume, yes, sir seventy nine, Yes,

sir, it might be. Judge. I'm going to object and ask what we approach please, okay at the bench, Judge, this is kind of what I'm talking about. He's about to show him his deposition and basically trying to impeach him with what a statement that's completely consistent with what he said in court. I'm not impeaching him. Okay, Well, then why are you using the depot? I mean it looks a little confusing like you're trying to impeach him. Oh I'm not, so what are you doing? Okay,

judge, he says. I asked him at one point around this March seventh interview, did Mike Walters provide you with information about what he saw? I don't recall. Is that something you would likely recall if it if it was important in life? Shaking. Maybe, I mean, I just don't recall phone call. Okay, Well, he's just pretty much said the same thing. I'm not sure what your point is. Let me make a point, judge. This is why the rules allow them to publish any part of

a deposition of a party for any purpose. They can just put that all in their case in chief. But if it's not inconsistent, they can't do this during our case. We can put it in our case. They've already designated it. That's the point. Okay. I think you hit the nail on the head, which is, if it's inconsistent, there's a predicate you said X at your depot. Did you not give the following answers to the following questions? His testimony seems to be consistent with what that is. Okay,

an open court, all right, mister Sulliman. So you don't recall what any discussions with Mike Walter's about what he saw on the tape. No, I don't recall talking to Mike Walter's about the tape other than that, you know, we just talked about here on the interview. Okay, let

us move forward in time once again. All right, after you did the TMZ March seven, two twelve appearance, business associates advised you that well, basically, you weren't helping yourself much giving interviews and dragging the story out right. I don't recall that, okay. If you could look please at defendants Exhibit one sixty five, which is a March eighth, two twelve email from Dixie Carter Defendants Exhibit one sixty five of Bala. Do you see that there

in your screen? Yeah? Can you make it bigger? Thank you? Now? At the time miss Carter was connected with TNA, right, I'm sorry, what was that? Yes, sir, At the time missus Carter was connected with TNA, right, yes, sir, and she still is, okay, And at that time you were working for TNA or working with them, weren't you. Well? Is that date? This is March of twenty twelve, a day after the TMZ report, I would have it's a possibility. I'm not good with dates. I'm really not. Brother. Let

me let me see if this helps you out. When we move forward yet again, in time, we're going to get to the fall around the time Gawker posted the article that brings us all here together? Yes, sir, that was in October of twenty twelve. You told us yesterday you were about to go on this media tour. Okay, yeah, well then I was working with them. That that helps you remember if you tell me what I was doing, because just a date to me is like right, you're just

not a fellow that no brother zeros in on dates were names. I'm real bad with both you fair enough? All right? So now you have kind of a chronology in your mind and you'll see that this is an email that you received from miss Carter. Do you see that? Yeah, yes, I see that. Okay, now if we can look at please add Can I read this first? Please? Absolutely? Thank you? You bet, thank you? Yes, yes I did. I just wanted to read it before you pass it on. I wanted to see what it was. No,

no, sure, Now let's look together at the first paragraph. Do you see she says there, I love you to death, but I have to be honest and say I think this interview is so beneath you. TMZ used it verbally, set up the sex tape and took what you said to drag this story out even further with sensational headlines, etc. It benefits them, but not you. I am on your team, but people like rent

to send her and others can look at this differently. I'm surprised your attorney let you agree to the interview, but I have to say this is what seeing your attorney's face a name on this makes me think he did this more for him than you. Do You see that? Yes? I do? And if you continue in the second pargraph, you see it says Terry, this is my specialty. Had I known you were going to do this, I would have tried to stop you and said to issue a simple statement.

It would have positioned you in a much more positive light and throwing water on this story to extinguish it versus fuel on it to keep it going. Do you see that? Yes? Sir? Okay, Now I take it you did not heed miss Cotter's advice, did you? No? I did not, because you came to a different judgment. Saw what she wrote, but you reached a different conclusion. Is that fair to say? Well, I was listening to my attorneys and there was a whole bigger issue than justice one

interview and she says this is her specialty and it's not. She was a publicist like twenty years ago, and a lot of stuff has changed, and it was her opinion. I value it very very much. But she said something about my attorney's decision to agree to do the interview. She shouldn't understand all the legal stuff that was going on. You know that led us to do it. Let us do this, Okay? So you considered that and

you came to a different conclusion, yes, or we did? You know, we decided to do what we did with the benefit of conversations with council. Yes, sir, okay, fair enough. Let us move again. Now we're going to move forward in time and we're going to talk about We're going to focus our attention on April twenty and twelve, all right, So we're moving just about a month, and I'm going to direct your attention to

defend Exhibit fifty seven. We saw this during the openings yesterday. This was that post that came out in the dirty Yes, sir, mister blaya, do you recognize that exhibit there, defendants, Exhibit five fifty seven, I do, okay, So we're focused on April of two thousand and twelve. You heard that there were still photos, yes, sir, surfacing at that time, Yes, sir, okay. And when you look at this photo.

Do you recognize this as Bubba's bedroom at the time in April? Did you recognize that as Bubba's bedroom to the best of my recollection, Yes, all right, you know I can't vividly picture the room, but that's what it looks like, okay. And you thought that you recognize that at the time at the time, But when they came out in April twenty twelve, I don't remember. I don't recall if I saw it then. So many

skills were coming out and pop it up of the same thing. I don't remember if I saw this then, but I saw it yesterday and I do recognize this, yes, but I'm focused on the period when it came out in April of twenty twelve. Well, if it would if it would have come out then I then and I saw it, I would have recognized it. Yes, I've seen I don't know if this is what I saw on whatever it is the dirty but I do recognize it. Okay. Let me

see if this will help. I just don't know where I you know, when I saw this in April twelve, I know I saw this, Okay. If you could look please at Volume three, page three fifty nine three fifty nine, Yes, sir, Yes, sir, okay, if you would look please at line two, line two? All right, now do you see where it says? Question? Okay? Would you look at this photograph? Do you recognize this as Bubba's house? Do you see you? Answer there at line five, the witness, I can't tell if this is

Bubba's bedroom or not from this pick. Okay, yes, sir, So at the time you didn't recognize that, did you? I'm sorry? Where where was the line again, dude, judge, just for the record, that started at line two, not line three. I can't tell if that's Bubba's better. I mean, it sure looks like it. I mean, I wouldn't bet my life on it, but it looks exactly like Bubba's bedroom.

Broke. Okay, you want line too. That's where I started, right, But when you announced it into the record, you said line three. Part of me, okay, what line too? Did you see where I line two? Question? Okay, yes, sir. Would you look at this photograph? Do you recognize this is Bubba's bedroom? Answer the witness at line five. I can't tell if this is Bubba's bedroom or not by this picture, Yes, sir, Okay, do you see that? Yes,

I do. Now. At the time that you saw this photo, you indicated that you couldn't tell who it was that was in the picture, right, I still can't tell who it is. My best guess would be me brother, best guest. Now, yeah, I mean if I had a guess right now, I would say that would be me if that's Bubba's bedroom. And but I can this is so he's such a bad picture. Okay. You can't make yourself out exactly, got you all? Right?

Now? You heard at this time in April of two thousand and twelve, you heard that there were still photographs circulating out there, right, yes, sir, okay. And when you did, you contacted Bubba, right yes, I called him and talked to him in person to talk to him about the situation, okay. And you asked Bubba about this, right yes, sir, I did, okay. And you asked him about where were these

still photos came from? Right, yes? I did? And Bubba told you at that point in April of two thousand and twelve, he said, well, Heaven must have done it. Right. Well, that's that's who we blamed, yes, sir, okay. And you believed him, right, I sure did. All right. Now, after Bubba told you that Heather did it, you never tried to contact her, did you? No,

sir? Okay, Now, let me ask you this. When these still photos came out, and now we're in April of two thousand and twelve and the rooms started circulating, you contacted Bubba, right, yes, sir? All right? You did not contact the other brunettes that you told TMZ about, did you. Well, no, sir, I would have no way to contact at anybody. Okay, it didn't contact any of these other brunettes, did you. I have no way even if I wanted you.

Brother. Let us now move forward again in time, we're going to advance. Now, we're going to go to the fall of two twelve, in particular October fourth, two twelve, as we know that as when Gauka posted its piece on its website. Right. Well, I don't know if that's the exact date, but if you say it is, I believe you because I'm not good with dates. All right, So for purposes of our discussion this morning, yes, sir, we'll say October fourth, twenty twelve.

That's fine, yes, sir, okay, Now let us do this. We touched on a moment ago how you were going to do that publicity tour for TNA. Yes, sir, okay, So to focus on that, let's look at defendants Exhibit seventy six, mister Balaya. Can you see that? Is that big enough for you to see? Okay? Yes, sir, it is okay. Now, this is or I believe it is your itinerary for your New York City media tour to promote the TNA Bound for Glory tour. Is that your understanding the itinerary? Yes? You may want to

look. Well, I don't see anything in cash for an itinerary, brother, Tim. If you could display the second page, did you see there, mister Blay at the very top of the portion that's displayed. Yeah, I see it now, hul Kogan, New York City Media to a Bound for Glory, Yes, sir? All right, now, for the purpose of your media tour, in what do we have there? The dates? Can you make out those dates eight through ten at the very top? Tim, October eighth through ten, dude, Yes, there you go. Okay.

The purpose of that tour was to promote this pay per view event that was coming up, right, Yes, sir. Now the first appearance you had on October ninth was on the Howard Stern Show. What it says? Do you see that? Yes, sir, that's what it says. Okay, And we saw some of that yesterday, didn't we, Yes, sir. The next entry, if we moved down the page, we have the Today Show. Do you see that? Yes, I do with Kathy lean

Hoda. Do you see that, yes, sir? Okay. If you look over on page four, you'll see it refers to an appearance on Pierce Morgan CNN Live. Yes, sir, do you see that? Yes? I do? All right, And you interviewed by Piers Morgan, weren't you? Well, I have been, yes, sir, I just don't know you. I'm sure if they if it's there, we interviewed because we went right down this high tinerary and if there were you know, if that was on there, then we did that interview. But plus there may have been

other stuff added as we went during the day. You know where they can say, you know, okay, you before Pierce Morgan, you can stop here and give a quick radio thing. But if it's on there, we did it. I do not remember canceling anything. I just remember adding on stuff on the tour. Okay, so you did you fulfilled your commitment. I'm sure I did, yes, sir, and made these appearances. I'm sure. And what you explained into us is you probably did more. Yeah,

I'm pretty sure I did. Okay, Now, what we're going to do is we're going to focus your attention again on your appearance on How It's Stirred on October ninth, twenty twelve. We looked at that a bit yesterday. Let's look at a clip from defendant's Exhibit three zero two, which is your appearance on that show. Video clip published as follows. Doesn't the tape in away, I'm not going to present something too Yeah, make you look like a god? I mean you don't look physically man, you look good.

Well, that's part of you, know, screaming about your big thick cock, your brutal, dude, brutal. If I was on the tape, the girl would be like, when are you going to put it in? Oh my god? I mean you come out like a stud, honest to god, are you kidding me? Do you think you come off bed in that tape? I mean, let's video clip concluded. Now, you explained to us yesterday that you were familiar with how it stearns program? Right, Yes, sir, judge, can we ask him to play the balance

of that clip please. We think it's out of context without his response to that last question. His response to that last question. In other words, they show the question without the response. Okay, for the record, judge, it's three O two D of the exhibits, your honor. I thought the way this was going to work is we would play clips, they would play what they preferred in their case. But we're happy to do this,

but it's going to take a few minutes to find it. So rather than having folks all right, why don't we take a quick comfort break while we sought out these technicalations. Thank you all very much. The jury exited the courtroom at ten and fourteen am at the bench. So, if you're going to do something for the rule of completion, I what sort of back to I'm not sure if it's an impeachment or if it's something inconsistent, or you're

just getting him to comment on what his comments were. But I imagine then that if there's the remainder part, you're going to ask him questions to make sure that he understands whether this whole tape is going. That's kind of my point. Again, I go back to what I was saying, and I'm going to emphasize this, Judge, I don't want to walk in anybody's style. I don't like having to bring some of this up. And I have a lot of respect for mister Sullivan and mister Berry and the way they're handling

these things. So I want Mike to know that coming out of the block. But I just don't know what he's doing ninety percent of the time. So when a clip just comes up against a question and I can't tell if it's impeachment or if he's going to show the clip is substantive, which in

his statements would be admissions, and that's fine. I think if he's going to show the clip and the clip is a question of an interview, and then we don't see the answer and my client is going to be asked questions about it, I don't know how I can control the And it's an issue of really preserving my right to make sure and I want to keep going back and forth to replace it because some of it is offensive language and we really don't need to continue to break those same issues. Yeah, I let this

go a lot yesterday. So is there a way? Is there a way without revealing your cross You can at least say here that here are the next few things, so that they can catch up with you on some of these clips. Well, here's the thing, your honor. I think the way this goes as I play the tape, I play an excerpt. Right, this is cross I understand. I ask him questions. Right, mister Turkle, If he thinks it seemed unfair, you've got redirect. You play the

whole tape. Okay, you don't make me. You don't keep interrupting my cross examination and make me play other segments. You know how this works, Judge, to make your trial move along and not board these poor souls to death, we have to proceive at some pace. It's unfair to do it this way. It is so in Henna. Can I say one other thing? You got up ken, You played a huge segment from how it's turned. We're thinking he can't actually get this in because that's like letting this to

Bella testifying that tape. For us, it's a party opponent admission. For him, it's not okay. But he didn't obstruct his exam. We sat there and I bit my tongue and I let him go on. The point is what I don't do on those And if you look at the context of what we're using, if they think I'm offering it for the truth or something, that's fine, we can talk about it. Most of those aren't being

offered for that. They're frankly being offered for ancillary reasons. But the bigger picture on this is very simple, and I agree with everything he says and judge, like for the TMZ tape where they just showed a snippet, I'm going to show the rest on redirect. I just don't think you show an interviewer asking someone a question and then you don't let him have the benefit of seeing his answer if you're going to question him on it. That's real time.

That isn't something I can cure on redirect. That's kind of my point, your honor. It's hard for me to rule specifically on that because I don't have the full clip ahead of time for me to even know what to follow your objection right, perhaps, missus Sullivan, if you're going to ask them questions about have him make comments on his clip, let me tell you where we're going. Okay, I'm going to show him some clips of stuff

he's discussing with Howard Stern. Howard's Stern is asking him things, and we're going to I mean, this is now revealing where I'm going in my cross, which I think is a little much dicey. But that's what he seems to want is a preview. I'm going to ask him about the discussion he had there and how that made him feel. But I guess here's that if you're only showing him one part and then it's almost like a refresh your recollection kind of situation, then well, this was discussed, I think he would

be entitled to see the rest of it. Well, no, these are that's where I was coming from, little segments. These are little segments. Okay, I'm not like cutting off his answer. This isn't like a deposition. Here is something you discussed on Howard Stern. I've tried to be mindful of the Court's admonition to me before we were about to do this back last June, and I told you I would be judicious in my selection, and

I've tried to honor that with the courts. So I don't go on and on and where out my welcome, either with you or with the jurors. Okay, Judge. At the end of the day, I think, and I'm looking at this one clip, and there is a question in front of my client, and when he's about to answer it, they don't play it. And I don't know if he intends to play. He doesn't have to

reveal his cross to me. The way I'm looking at it is, if that's that big of a deal, If it's that big of a deal, I'll just go back and I'll show it during my redirector Okay, good, So can we get that? Is this one fixed? For now? All have to ask him? We just lost mister Barry. Judge, may I run to the restroom. Certainly you should have a comfort break. You know what's bizarre, Judge? Every day the same snack. Barry eats apples, he eats bananas. I've noticed that we all eat protein bars, they eat

apples and bananas, and it doesn't change. Thank you. Are we done with this? I think? So? So what do we do? He's gonna play the rest of this one and then come back in open court? Recess Taken from ten twenty am to ten twenty four am Wrestling podcast with Ja's The raps Fan Wrestling Podcast. So can we take the stand? We'll bring in the deputy the jurist. The jury entered the courtroom at ten twenty four am. Thank you very much everyone. Mister Blair, you can take the

stand. I'm not sure we will resolved the technical issues, but we're moving forward. Mister brother. Now, you explained to us yesterday that you were familiar with the how Its Stern program, Yes, sir, okay, and you had appeared in this program between five and ten times. Correct? I would say ten? You know, between five and ten? Yes, sir, you know there that may have been. That's way too much. Five

and ten? Do you think that's I haven't. You know, it's been hard to get on this show because of a schedule, So I would say between between five and ten, but I wouldn't go as far to say I've been there ten times. That doesn't sound right. Five to ten, brother, If you would look please at volume four, page four fifty eight yes, or four fifty eight yes, sir. If you would look, sir at the question starting online eight to that page, here you go. Do

you see that somewhere in that range. You said that at four, five, not more than ten, right, yeah, yeah, that's just different than what you said before, because but I said four or five, not more than ten. I didn't say five to ten. So you got me thinking literally about the number ten, and it didn't work for me. I'm sorry. I didn't understand that. You didn't understand this product. And you told us yesterday when you go on Howard Stern's show, yes, sir,

you expect discussion questions about sexual matters. Is that fair to say? Yes, sir, you know you have to take the good with the bad, okay. And when you were appearing and discussing these matters with Howard Stern and he was talking about the sex tape, we saw some of that yesterday. Yes, sir, I take it that you didn't like whoa, whoa. I don't want to discuss this. You didn't say that. You never said to him, did you? You never said that to him, did you,

mister Stern? Mister Stern, Well, I just like dropped my head in my hands. I was like, you know, it was just embarrassing, humiliating just to hear it. But I didn't say it. I mean, I know I was on an entertainment show, and I had to be an entertainer, so I was just I just kept going. I didn't say it, no, sir, okay. So I take it that at no point in the discussion with mister Stern did you say, well, this is not a legitimate topic to discuss publicly. You never said that, did you.

No? On an entertainment show. I never said that. Okay. You never said to mister Stern on this entertainment show, no, this is not a legitimate topic of commentary, right, No, sir, you have to take the good with the bad, as I said. Okay. And when mister Stern was making characterizations of the tape and what folks would see on the tape, you didn't object to those characterizations, did you. No, sir? Well, you know, when he's you know, that's his show.

He's in control, and he wants you know, if he wants to talk about characters or characterizations, you just have to follow his lead because that's how his show works. Okay. And at no point, I take did you tell how it sterned it. Look, this was a private moment between me and Heather, and you would prefer that he respect your private So you didn't say that, right, No, sir, you know I didn't want to bring Terry Balaya the man and separate the man from the character and bring

that into the conversation. So no, sir, I did not say that. I did not want to do that, all right. At one point, Howard Stern says something to you like, this is going to be the biggest TNA Impact Wrestling event with you in the news like this. Do you remember him saying something like that to you. I don't recall, but you know he probably would have said something like that. That sounds like something he would say to help promote the show. Okay, I understand what you're telling

me about. You're sitting there in the moment and Howards making his you know, he's talking and saying this, and you're talking with him, and you don't say, how I feel uncomfortable. This is a private matter. You don't say that to him on air? No, I don't. Okay, But before you go on air with Howard Stern, you come to the studio you're ready to do this appearance. Yes, sir, I take it you didn't go to Howard before and say listen, I'm here to talk about the

TNA bound for glory. Matta, I'm not here to address the sex tape. You didn't do that, you know, No, I didn't. But that always happens. You know, my publicist goes to you know, does go to whoever we're talking about a specially a situation like this, and you have to try to say, Howard Stern, you know, can we just

talk about wrestling and please don't talk about it anything else personal? And sometimes there's a compromise where if it's not Howard Stern and somebody else, can you say, please don't talk about my personal life, they have to kind of like touch on it and move on. But that's not what I said. That's what I said, you have to take the good with the bad. But that would not have been my job to do that. My publicist would

go to Howard or whoever it was. And that's a conversation that standard protocol. You always have that conversation. The publicist does it. I would never have that conversation. Now, are you telling us that in this instance you went and had your publicist take Howard's people aside and say, look, mister Hogan is not going to talk about the sex tape. Matta. That didn't happen, did it? No, I did not in this instance. Do that. You know that standard protocol whenever you walk in you try to stay

on the subduct that you're talking about. Do you know for a fact, as you sit here today that your publicist went to Howard and said this sex tape business not going to be discussed. I was not pretty to that conversation. So you don't know. No, I don't know what was said in

the conversation. I was just telling you what usually happens. Yeah, and what you and I wouldn't have that, you know, usually any conversation, all right, And what you know is that you Terry Balah Hulk Hogan, Yes, sir, did not have such a conversation with how It sterned. No, I did not yourself, No, sir, all right, And at no point I take it during a break in the program or when there's you know, at no point did you say that after the interview or the

appearance started. You didn't say that, did you. I don't recall there being any breaks in Howard's show. You know, after the interview usually are off and running to the next one. You know that we're kind of scheduled for usually late for but it's a type schedule. So after Howard's interview, they usually take a picture with you in the lobby with all the staff and they've got like a wall you know, what do you call it? Like a wall of greatness or a wall of shame or whatever he calls it,

and you get your picture put up there every time. So it's usually a quick stop in the hallway when you're done and you take off for the next appointment. There's no talking business once, you know. Once you're you're done, you're out of there now. If we look at the clip, I think it's three O two B. If we can take a moment to look at that, and then I'll ask you some questions. The Deolip clip published as follows. Wow, I can take a breath. This is going to

be the biggest TNA Impact Wrestling event ever. With you in the news like this, it's not a bad time for it to be called team Oh God, stop robbing? Are there other bad wrestlers going to be fucking with you? Going, hey, mister big shot, big cock? Probably not cock, But do you think they're going to work it into the storyline? You know, maybe maybe instead of dropping a leg on people's neck. I'll start dropping something else. That's right, you're dropping the tripod brother, you know.

Robin's right. Yeah, I've been fighting with that TNA, which is total nosstop action every time I'll bring it up there, tits and ass, and I've been fighting for you two and a half years since I work since i've worked there. Yeah, we changed the impact wrestling, but they still refer to it as TNA. Bro, you were fighting on every fucking level of your life. It's unbelievable. Let me plug. Yeah, maybe now we should call it tits and as. Yeah, I'll be the general manager.

You were the king of that. You got me to laugh. Thank you, dude, You're the man. Video clip concluded. Mister Bala, there was I want to ask you this that discussion that was just had between Howard Stern and you, Yes, sir, in the context of how with Stern, was that, in your view a legitimate topic of commentary in that context, well, that context, I was trying to make the best out of a bad situation. You know, Howard was making me laugh. We

were talking about total NonStop action. You know, people think of TNA and me. You know when Howard said, you know, instead of the I hate the TNA because it makes people think of tits and ass you know, excuse me, you know, but I just said, well, maybe I should drop something else other than the big leg if we're going to call it that. It was all a joke, and Howard said it's a joke. So I was just going along with it, okay, having fun. Yes,

sir, he actually had me laughing for a change. There you go. When you said the thing, which were the one that said dropping the tripod, what were you referring to? Well, you know, we were in the context of the interview, so I as I was joking without saying it. I was joking about, you know, my penis, That's what I was joking about. Okay. I didn't say it because I was trying

to just end the interview and get out of there. Right, And in that context with how with Stern and the joking and the poking of fun and all that, that was a legitimate thing to put in that context, wasn't it to make that kind of a joke. Well, I was just calling me Hulk Hogan and we're keeping it in character and laughing and joking. I

just had fun with it, right, It worked. In context. Yes, So as you said that, you weren't thinking to yourself, well, this is highly inappropriate for me to say this, were you You weren't thinking that well? In context? Yes, sir, Well, you know, with what we've been talking about and him trying to die in my personal life and separate the man from the character, it wasn't highly appropriate and context of the whole conversation with us talking about entertaining people. Not in that context it

did bother you. No, I was way beyond that. I was bothered about the beginning more than the ending. Well, let me ask you this. I get what you're telling me about your go on the Howard Stern Show and he raises these things, these sexual subjects, and there's the joking to be had and all of that. But at times you volunteer topics, don't you. I mean some of this you brought up right, Well, that might have been my verbiage, but I didn't volunteer the topic of sex.

Okay, let's do this. That was the topic we were on. Pardon that was you know. The topic we were on actually was sex and wrestling. I didn't volunteer the sex topic to start that. He did, fair enough, Tim, if we could look at I think it's clip your honor D three O two F. If we could just take a look at that video clip published just follows. I don't know, brother, I wasn't in

on it. I swear to god, I had no idea. You know, they didn't know you were being taped, No, sir, because if you knew we were being taped, you wouldn't be on there talking about, Hey, I feel so fat, I just did another meal or something like that. Right, Well, I'm not trying to be a really his ass, but I'm going to say something I'm probably you know, probably gonna live to regret, you know. And this thing has totally up en in my

world. But the situation I was in, I didn't want to be overly aggressive, right because it was my friends girl, If you know what I'm saying, Yes, yes, things you know could have been to a whole other level. And I was trying to be cool. You know what do you mean? I'm not getting this. He was being polite, he was being a gentleman. Thank you, Thank you, Robin. You didn't want a banger, no, I you know, when I wrestle guys in the ring, guys that are my friends. I'm cool with guys that aren't my

friends. I get really, you know, much more aggressive. I don't understand what you're saying. How Come I'm not catching on, because you know I was. I was just trying to be Robin. What does whole COVID mean? He was laid back. It was sort of like a like training the pipes as opposed to a full on affair. Yeah, he who wasn't in there doing what he really does. What you're saying is, in other

words, your performance would have been way more intense. Video clip concluded now having that passage in mind, Yes, sir, you volunteered that topic, didn't you. No, I didn't volunteer. He started the verbiage, and I was talking about the topic he started. You began with that talking about the manner in which you engaged in sex with Heather by saying, quote,

I'm going to say something I will probably regret. Then you said, I'm not trying to come off like a pompous ass, and then you basically told a story with the discussion with Howard and his colleague Robin, about how you weren't as aggressive in the sex that has seen in that video as perhaps you would be other times or otherwise, right, Yeah, I did say that, okay, and you raise that. Howard didn't raise that, did he?

No? He Well he started the topic of sex right now in that context, sitting there at that time, Yes, sir, you obviously thought that was a legitimate thing to a discuss on Howard Show. Right, well, I'd have a problem discussing it, you know, I was on his show entertaining in character. He knew he was going to dig, you know, take the good with the bad, you know, and I was trying

to move through the interview as best I could. When you're under that type of heavy fire from someone that pushes you, that that hard on you, you just you know, you're praying that you can move on, you know, the next subject and eventually accomplish what you're there for to talk about the show DNA. All right, fair enough, let us look. Let us look at the final of these clips. Tim, if you could please pull up D three zero two F video clip published as follows. Look, let

me understand what's going on. Yeah, last time you were here, let's backtrack. You said you looked me in the eye point blank and you said, man code, I would never break the man code. I would never bang another guy's wife, a buddy's wife, a buddy's wife. You want me to play the clip? Yeah? Please, Just so you know I'm not making this up. Here we go. Clip published. Would you ever fuck Heather? No man, law man, law bro, even if they

were divorced for ten years. Dude, you would never fuck Heather or if I met your ex wife simply because she's wouldn't fuck max wife, No way. I love that you won't do that. That's man law breaking. Man. I love that you understand that you don't do that. Clip concluded, Well, what happened, Well, I was protection mode. In protection mode, he was lied to us. You lied to me. Well, I had my fingers crossed, my toes were crossing the word the F word,

Yes it is. I mean I would call it a different type of word. Well, you're still friends with Bubba, right, We're very good friends. So Bubba, I know, can't talk about this because he has a divorce agreement. Well, the video clip concluded, Now, how would start asks you when you made that prior appearance? He says, you lie to us, right, Well that's what he said, Yes, sir, Now

you weren't truthful with him before? Were you well on this show? As we're talking on a character driven show, I did not want to talk about Terry Beale and his personal life. What was going on with Terry Bala? You know he's asking me, Hulk Hogan. You said you never did this, So I basically didn't want to stir up a hornet's nest by all of a sudden talking about the man and saying, oh, yes, I did

break the man code. You know there was there's no reason to do that, right, And now you're telling us that you were there as Hulk Hogan. Yes, sir, okay, So what was there? Was that another bound for Glory tour? Because I had different clothes on? Was that the year before? Yes? That was okay, thank you. The thing where he asked you, I will represent to you that that was after you and Heather had had your sexual infect But I'm asking you, is that a year

before the LA last clip was? Although actually what I'm saying was that the bound for Glory before when I was there before. I can't give you that, but if you would like, I will find that out and I will give you precisely. It doesn't matter when you're on when you're on his show. Dude, you know it's a character driven show, so you just have the role with him. Yeah, it doesn't matter. I will represent to you two things that it was after you had had your sexual encounters with Heather,

the point being that you had lied to Howard. Okay, but if you want the precise date, I'll get it for you. No, that's fine, that's fine. Okay. Now you said on that occasion, he says you lied to us. You said, well, I was in protection mode, right, Yes, what is protection mode? Does that entitle this person to basically lie? Protection mode? Well? Are we talking about the

person or the character? Well, let's start with the person. Well, you know, the person is sitting here today under oath, and I don't lie under oath as Terry Balaya. Now as the character, we can talk about the tripod. You know, we can talk about you know, like I said, I body slammed elephants. You know, I'll serve on tiger sharks and all those lies. You know, I pulled bumpers off Cadillac Jack. You know those are all live. But that's Hulk Hogan is saying.

A character driven. So I answer your question, I was there. I didn't want to talk about Terry Balay. At my experience on the radio, it was, you know, if there were stills out there, I was, you know, the media was attacking us, and I was actually using this show, you know, to try to stop things from moving forward. I had to talk to Howard about whatever he brought up. All right, let me ask you something this, Terry, I get. I think I've

heard Bubba on the year. Bubba talks about being in protection mode, doesn't he. Yeah, I think he calls it cover his ass mode. Yes, I think he calls it cover his butt mode, cover his ass, right, yes, okay, but in this world cover your ass protection mode, it's the same thing, right, yes, So basically, in that mode, it is okay to be dishonest, correct, Well, in that mode is entertainment. In that mode, you can be a character and say things like, you know, I fell off the top of the Empire state

building. I'm so powerful I got back up. You know. In character, you know you have the artistic liberty to you know, go way out there. Well, in protection mode, right sir, I take it you can do whatever's necessary to protect yourself, right. Well, yeah, especially when someone is trying to talk about your personal privacy and an invasion of your privacy as Terry Bleya the man. Yeah, I protect that as Terry Balaya, and I protect that as whole Cogan. Not wanting to talk about Terry

Balaya. But when you appear on How It's Stern, when you appeared on all these other programs we saw yesterday, I don't know about you, but I didn't hear Terry Boleya mentioned once? Did you? Did I hear Terry Bala mentioned? No? I did not. Okay, Now, if we could move forward and focus your attention back on that bound for glory, this media tour you were doing, you were aware obviously when you were doing these appearances, these public appearances, that Gawka had published a story on its website.

That's what's being a disgusted right. This is before the video came out. No, sir, this is when you were doing all these public appearances in October nine, so that Gawker had only in October tenth. Now what I'm asking is Gawker had only published the story at this time and the video wasn't out there yet from Gawker. No, the story is posted and it is those brief excerpts of that video with the story October fourth, twenty twelve

is when that happens. Okay, well, you know what was your question again and the Latin and that was this last video I saw, you know, when I have that blue shirt on on you know you said that was the year before. No, no, no, again, I think you're confused on the chronology. Let me do it this way, And this is why I came back to this. I believe you were confused yesterday and your direct examination with mister Turkle, and you told us that Gawka posted the commentary

and four or five hours later you're doing these interviews. Do you remember that, I think he was the video hit And then four or five hours later I can't recall exactly, you know. All I know is that is when the news came crashing down on us, that Gawker said we've seen the video and Bubba's on there turning the camera. That's the first time anybody has actually said we've seen the video and told me personally. Because other than that,

I thought they were rumors. I was praying there wasn't There wasn't one, right, mister Balaya. We saw Mike Walter's back in March of twenty and twelve, saying I've seen part of this video, Yes, sir, You'd known for months that the video existed, yes, sir, And he said, you know, he said, he said part of it. He said he didn't know if there was a whole video. So I was just praying. There was just a part of it, and it wasn't a whole praying

video. Then in April, this dirty publishes steals from the video, right, yes, sir, okay, And I didn't have a problem with them publishing the steals. That wasn't a problem right now, Well, we aggressively went after them. We have the same season to Desist that we sent to your clients saying that if you take the videos down, we can try to

live with it, So please season desist. But where the problem came is when Gawker put the video up and we asked for a season to desist, and they played it for months and months and months and months and months, and it made so much damage we had to live with it. I see now. Just so you know, I'm just trying to get the chronology straight. So are you with me? I'm trying to be Okay, you said that last video where I had the blue shirt on. So what That's what

I'm trying to say. We were talking about Bound for Glory before. Right, here's the deal we've established. I believe that Gawker posted its piece on October fourth, twenty twelve, right, okay, okay. Now we go back to defendants Exhibit seventy six, which is your itinerary. Remember we looked up at the top of the thing and it said the date was for your Bound for Glory Tour October eighth to tenth. Right, do you make a little bigger please? Is that twenty twelve or twenty eleven, twenty twelve,

twenty twelve? Okay? I didn't see that on on there anywhere. Bound for Glory Tour October eight to ten, okay, okay, so this is it is twenty twelve, right, yes, okay, cool, because I'm sure the year before we started out with the same schedule. Two go on, Howard Stern, right, you know? Okay, So I just want to make sure we're on the same year because it's not on here. Tim, If you could scroll up ever so slightly to folks so folks can see

the other way. There you go, Howard Stern right, October nine. Do you see that? Yes? I do. I'm sorry. I still didn't see the date. You're trying to tell me the year. I don't see it on there, so I didn't. I was confused. I thought it maybe the other one. Okay, you can trust me on this. If I were misrepresenting the date, this sample collection of lawyers scaled advocates would be jumping up and down saying, Urana, he has the date wrong.

You think. I think they're kind of maybe waiting for us to figure it out it for ourselves. I don't know, Okay, I don't know what they're thinking. So whire you with me. I'm trying, brother, you're doing level best, yes, sir, I am all right? Fair enough? Now this is simple. October nine is if we could subtract four from nine, we have five days that passed between the time Gaucket did its post

and you appear on Howard Stern. Right. Well, yes, sir, five days, not four or five hours, right, No, it's five days on hours right. So my question to you is, if you had five days you knew that tape was out there, it's hot news. Everybody's talking about this tape. You knew when you went into those media appearances that folks were going to be asking you about this sex tape, didn't you?

Yes, sir, okay, all right, you never you personally, Miss Terrible lay A Hull Coogan, whichever character you personally did not tell any of those producers on those media programs that you were going to start appearing on the ninth of October and thereafter say to them personally, listen, I need you to do me a courtesy and not go into all this sex tape stuff. You didn't do that, did you. Well, it's I testify before, No, sir, I didn't. That's the job for a publishers, not

a talent. Fair enough. We'll get to that later in the case. But my question is simpler, and it is more precise. You personally did not do that, did you. No, I personally did not do someone else's job and do that. All right, Now, what we're going to do now we're still on October nine, twenty twelve, and this is something I know from talking with you in the past and your deposition. There has been some confusion a little confusion about where this fits in the chronology. But

mister Bola, what I want you to focus your attention on. Is the interview that you did with TMZ in October nine, twenty twelve. You're in New York on the media tour. You saw it on your itinerary. You were staying at the Park Meridian Hotel. Right, yes, sir, you're a call that you did an interview from New York on the phone with TMZ. Do you remember that one? Yes, sir, and you're turning mister Houston, he too was on the phone, right, yes, sir. Okay, he wasn't in New York though, was he? No? He

was not, No, so he's remote. He's on the phone too. The same day that you did the interview with Howitt Stern that we've been looking at. You did this TMZ interview. All right, now, what I'm going to do, just so you have this presently in your mind, I'm going to play a brief indroductory clip just so that you can kind of focus that. Okay, Tim, please, video clip published as follows. Oh joins us right now along with his attorney, David Houston. Guys, welcome

to TMZ Live. How are you. We're good? We're good? Are you there, Hulk? Yeah, brother, I'm here, dude, adeo clip concluded, mister Belaya, did you recognize your voice? I realized that was a brief snippet, but do you recognize your voice in that recording? Yeah? When Harvey says, Hulk, Hulk, are you there? I go, yeah, brother, I'm here. You know I just answered him. I recognized my voice. Okay, do you recognize mister Houston's voice on

that? I wasn't paying attention. Was his voice on there? All right, that's fair, I'm sorry I didn't pay attention if he was on there. Okay, what we'll do is we'll play a little more. Okay, you'll let me know after you here, Sure, some more clips. I didn't want to take the time, but let me know if we play a little more. Okay, if you hear mister Houston. Okay, now we're going to play a second clip. I would like you to focus on this.

I think this will bring to present for you. All right, sure, okay, Tim, if you could play, please play D two seventy B video clip published as follows. This is the end of the tape. You leave and Bubba comes back in the room, and Heather's on the bed, and Bubba says, I quote, if we ever do want to retire, all we'd have to do is use this footage of him. So I just want to get your reaction to that. I know you thought this might be one of the tapes. I can tell you one hundred percent that is

what Bubba says when you leave the room. I didn't hear day including I didn't hear David Houston's voice on there. No, sir no, I said there will be other clips. Oh okay, yeah, this let me see if I can help you out this clip we just looked at. That's the fellow in the black T shirt. That's mister Walters again, right okay, and he says, right, this is exactly that is the end of the

tape. You leave, and Bubba comes back in the room and Heather is on the bed, and Bubba says, I quote, if we ever did want to retire, all we'd have to do is use this footage of him. So I kind of wanted your reaction to that. That's what that's Mike Walters saying that I know you know that this may be in one of the tapes. I can tell you one hundred percent that is what Bubba says when

you leave the room. Now, you remember learning that in October nine and that TMZ interview, right, Yes, sir, was that the first time that you learned that Bubba, who was a buddy, had made that statement about retiring off of this footage the best about recollection. That's the first time I heard it, and that's the first time it was confirmed by Mike Walters. And I think another producer came on the phone and said I've seen it too, because when Harvey said he didn't see it, I said, well,

then I don't believe you. So there's some kind of you know, so there's some of the tape missing. Okay, take a look at another segment, tim, If you could please play D two seventy d video clip published as follows. I know that I know you know that this might be in one of the tapes. Video clip concluded. That was pretty quick. Sorry about that. Could you play that again? Please? Are you okay? Do you have that? You know? It's kind of confusing, it's

so fast. I wish you could play it again. I don't really know what you're you know, let's do it this way. Mister Walter says, I know you know that this might be in one of the tapes. All right, yeah, yeah, he's telling me. Yes, he's telling you that. Now, as of when did you know that that might be in one of the tapes? Just told me he just told you that, Yes, sir, No, he said, I know, you know, well I thought this maybe in one of I have no idea why he said that.

Okay, let me ask you this. Do you find this out before the interview? Not that I can recall, because you know, when he told me the part of all Bubba doing what Bubba did, it made me go violently. I mean, I was this was the closest guy to me. You know, when I realized he was on the tape, it got a crazy reaction out of my body. So, you know, to the first of the best of my recollection, there was the that was the first time I heard about it. You know I heard about Bubba. Okay.

Let's because I would have probably reacted the same way if I would have heard it before. So, mister Walters didn't give you a preview before the interview, No, sir. You know, we came right from my interview right to the hotel room. We were supposed to have a little break, Like I said yesterday, I think and either David called the room or Mike Walters called the room and said this is urgent, all right, And when TMC said it was urgent, you said, okay, I'll do this right.

Well, I don't know what I said. I mean I said it to David. David must have taken the call. I don't recall the exact verbiage. Well, I really don't. It looked from us looking at you itinerary. You had a pretty packed schedule for that tour, didn't you. Yeah, you know, and I could have misspoke also because I'm sure they added stuff and they might have canceled stuff too, So I mean it just it was busy, yes, brother, it was busy. Yes. And when TMC called, you said, well, i'll fit that in, right,

Well, I don't know if I said i'll fit them in. I just took the call, okay. David told me to get on the phone. You made yourself available, yes, sir, okay, fair enough. Now you talked about you mentioned your reaction to this. You took this pretty hard, right, Yes, I did. Okay, let's play a brief clip, Tim if you could please play D two seventy c video clip published as

follows. Well, that's true, then I'm you know, I'm sick to my stomach right now, video clip concluded, and that I take it that was the truth, right if what is true that you was sick to your stomach when you said, if that is true? Just so you know, this follows the revelation that Bubba made these comments about it if he ever wanted

to retire. Oh, yes, sir, you know. Yeah, when I heard that, it made me sick because then it made me realize he actually was in on this camera that was put up there because they said that he was turning it off when he said that. So I got sick immediately. And I believe you've explained previously that you had a very strong reaction. You started shaking violence. Yes, sir, you know, my attorney had to call me and talk me down, you know, talk about it took

me about five minutes to calm me down. And you thought that you were going to have a heart attack at that time, right yeah, I'd caught me off guard. I never would have expected that from someone I loved and trusted. In fact, you physically almost had a breakdown when you learned that Bubba had betrayed you, Right, yeah, you had a tough time with

the whole situation until I figured out who he really was. And then I once I figured out who he really was, it didn't bother me the same because I knew he wasn't my friend and he never was, so I kind of like had to shift gears and realize, you know, man up over this Bubba thing, and you know, it is what it is. Now. At least I knew who he was and I rationalized it, so it didn't get me upset anymore, I see. But I'm focused back on the

time. You know, I've tried to do this chronologically back in October nine, when you learned this from TMZ that Bubba had betrayed you, at that point, that was one of the toughest things you ever had to deal with, it, wasn't he In that moment, with everything that was going on, I was very stressed out. And when I found out that he was the last person left after my personal situation with my family and everything else. When I found out that he was the last person left thinking he was still

my friend. To hear that news, yeah, it hit me pretty hard in that in that darn moment. Okay, now we're going to return. Ever so briefly to the program we looked at yesterday, remember the program sway in the morning. We looked at some of those clips. Yeah, we looked at a bunch of stuff, but it seems very familiar. Okay, Tim, if you can please play D two three one C video clip published as follows. Yeah, I've never had a day in my life like yesterday.

And I've been you know, my marriage, my marriage, lawsuits. I've had people tell me I was never gonna walk again after back surgery. I had all that stuff laid on me, and this that yesterday is finding out what was probably the toughest and the most traumatic and just turn my world upside down more than anything else ever has video clip concluded When you made that statement to Sway in his views, were you being honest? Yes, sir, I was in that moment. You know, it flipped my world upside

down. You were being truthful. Then, on top of everything I was going on, you know, that was the icing on the cake. It pushed me over the edge that day. In fact, Bubba's betrayal was indeed one of the worst experiences of your life, wasn't it. You know it was one of them, Yes, sir, and Bubba's betrayal was one of the toughest things you've ever had to deal with, wasn't it? Yes, sir, one of the hardest things you've ever had to deal with, wasn't

it. That was a tough day. I really had to figure out, you know who he was fast to get over that one. All right now, before we move on from these TMZ discussions about the sex safe, one last thing. You never saw TMC's copy of the video that showed Bubba making that statement. Did you the statement? If we ever wanted to retire or all we'd have to do is use this footage? You never saw that, did you? I know, sir, that rock your world, didn't it? Yes, sir? And you never asked TMZ to show you the tape

that they had, did you, No, sir? All right now, at this time, all these events are going on, there's all this focus on the sex tape and all this talk about this. You didn't take the position that you could not talk about the sex tape publicly. Did you? Excuse me? Please repeat that, Yes, sir. I'm trying to get you to focus. Now we're in the aftermap. The post has come out. You've been on the New York media tour. Life is moving on.

You didn't take the position at that point that like, well I can't talk about the sex tape. You didn't say that, right, No, I didn't say that, Okay? Noah. Did you say, well, look, this is going to be the subject of litigation. I'm going to gather all these attorneys together and I'm going to soothe these folks, so I can't talk about this because it's going to go to the courts. You didn't say

that, did you on to recall saying that? Okay? And in the time, I take it, then you weren't concerned that by going out and talking about the sex tape and what have you, that you would actually keep the sex tape story in the news, right, Well, I was concerned. I just didn't have a choice. No, No, we talked about that before. You weren't concerned that talking about it would keep in the news, were you? Well? I was concerned, But you know, it was very It was okay to talk about it. You know, it was

okay to talk about it. We were just you know, getting barraged with the media, and we were trying to make it go away. And but the problem was you know, when we try to get Gawker to take it down, they wouldn't. They wouldn't take it down. It just kept it was just it just kept fueling this fire that just you know, it just wouldn't stop. It was overwhelming. Okay, I see now, at the time, the media would ask you, is it true that you were knowledgeable

that this was being filmed? Right? They would ask you that. Yeah, They've asked me that. The media would say, is it true that this is all just a publicity stunt so that you can make millions and millions of dollars off of this sex tape? Right? They asked you that, yeah, they asked me, right. And would it be fair to say that you, for your part, were concerned that a lot of people thought

you were just doing this to make a bunch of money. Well, I was concerned because there were people that thought I might have something to do with this. We even had calls from Vivid Entertainment, who does all these porno pornographic films, that that said, there's an open checkbook, will pay you as much money as you want, you know, And if I was in this thing to make money, there were there you know, there were all

these wrestlers, all these offers out there. I was concerned that, you know, the the vivid guy calls and even though we're in it for the entertainment part, you know, we said no, brother, you know, we don't want to take money on this, so we want you know, we don't want this happening. Brother. So I was telling I was very concerned that people thought I did it, you know, on purpose, to set up cameras up. I would never do that to my in my personal

life. Right. One of your concerns when you told people that you had nothing to do with this, one of your concerns was that people would say, oh boy, here we go, this is just another wrestling angle, another wrestling angle. We'll Hull Coogan is trying to con us looking to make millions of dollars or a bunch of money off this sex tape. That was one of your concerns, wasn't it. Well, I was concerned that they thought it may be entertainment and it's just Hule Cogan, you know, try

to make money. But that wasn't it. It wasn't about Hulk Hogan making a sex tape. That's not what happened, all right. Uh, you know it's never been about that. I've never had a problem with the words that are said. Because you have to take the good with the bad, you get hit with it. I never have had a problem with the article, you know. My problem is is this whole the video tape that you guys put out the lives forever, It will be there forever on the internet.

That's the problem. So it's the video, yes, sir, it's the video excerpt brief portion. No, it's whatever. It's whatever Gawker did that Gawka chose to put put up whatever they put up. I don't even know, dude. And you tell us that you never had a problem with the article that mister Delirio often well, I wasn't happy about it. Let me let me ask you this. You sued mister you sued mister Denton, You sued mister Delirio and Gauca, and you sued them in your initial complaint,

and you included the article. Right, Judge, objection sustained. Can we get a curative that he's not suing on that portion? My question, The objection is sustained, thank you. My question is a bit more precise. When the suit was filed, it included it, I stay in the objection. Thank you. All right. Now, let us return to something you told all of us yesterday. You explained that when this happened, when this went down, you were in an all time low. Right, Well

what went down? The sexual encounter with heaven? Oh? Yes, sir? Okay, And if we could look please, I think the clip is tim it's two D two thirty one D. If we can look at that video published as follows. Well that so you know, that's so why you know nobody cares about whoa is me? Because everybody they care about what now you know? Okay, So here's where we're at, bro, I want to come back. This is my show inaudible, Yo, this is your show. Did you just say that we're not going to play any songs?

Did you? Did you say that let's just finish this thought brother inaudible? Yeah, thank you? All right. So anyway, you know, so where we're at now. As you know, at the end of the day I did this. I wasn't on draw us. I made a choice. But the Woe is Me story is on a personal level. You know, dude, my life has already screwed with my situation. I was at an all time low. These two people that I prayed to God are friends of

mine. You know, for two years they were going, Hey, you know I want to get I want to get with you, and I want to do this. That's that's cool. Are you talking about the threesomes or no? No, him offering his wife to me. Did you think that was weird? Well? I knew they partied, and I heard some stories and his wife was was gorgeous, and she kept saying, you know, I want to I want to get with you, I want to do this

and that and other stuff. I went to, I want to have sex with you, but and I said no, no, no, no. So at the end of that time, I bottomed out. You know, I was with my big I was with my boy, you know, you know, we we went back to the house. When I was at an all time low. I just said the hell with it, you know, let's let's do this thing. Video clip concluded, Okay, out That is you on Sway's program, explaining to his listeners that when this happened, you

were at an all time low. Right, I was, yes, sir, Okay, were you telling the truth to Sway and his listeners when you gave that account you know, I don't remember the verbiage of you know, let's do this thing or the whole Coogan edge I put on it, you know, but you know, I was acknowledging what we were talking about, so I don't know if that was the exact of verbatim truth. You know, I know I didn't say, hey, let's let's you know, go at it or whatever I just said, you know, that was that was

on the show. But the substance, I'm not going to hold you to the verbiage. Well, okay, I'm trying to understand what you're what you're saying, brother, oh hold you to the precise language. But the point you were conveying to Sway's viewers, Yeah, yes, sir, And to Sway, is it this happened? I was at an all time low. I hit rock bottom? Is that true? Yes? You know, my

personal life and everything was not well at all. I was pretty much bottomed out when I didn't think I could get back to together with my wife and she was filing for divorce. So I take it the answer to my question is yes, sir, that's true. Yes, sir, I'm sorry, Yes, sir. Now you also told the story I don't mean the story like made up, but you let me do this, let me do it

this way. You also provided an account to the viewers that said, basically, you described how Heather was so persistent, right yes, sir, okay, in pursuing you. Right, yeah, you know when I talked her on the phone, that was the only thing she would ever say to me, whether it was once a month or once a week, or whenever Bubba would put up, you know, put her on the phone, that was what she said to me. There was no how are you or how's the

weather? It was that. So she was persistent. Would it be fair to say that she was relentless in this? Well, I would say persistent is a much better word. All right. Now, So when you slept with head that you were an all time low. This is one of the worst periods in your life, right yes, sir, that's why you finally gave into a persistent pressure. Right yes, sir. You can say that wasn't the kind of thing you would normally do, right no, sir? Never? Okay, Now, let me ask you, this was that true

each time you had sexual relations with Heather? Well, I was a tough period there, you know, I had a real, real rough period there where I didn't think I was going to pull the nose up on it. Brother, I had a real, real rough period there where I didn't think I was going to be able to pull the nose up on it. So I would say when I was in you know, that time of my life, during that period, I was at an all time low. And that would include those those times I had sex with Heather. I see, now

you had sex. I think it was by your account four times, right, three or four as I said, three or four, okay, And what you're telling us is that you had an all time low each time. Well, I was pretty much bottomed out during that period, yes, sir. And you were giving into Heather's persistent pressure each time, right, Well, I wasn't, you know, after the first time. It wasn't like persistent pressure. It was just I was in that situation and my guard was

down. I still remember being assistant, you know, I remember persisting pressure. You know, they kind of like broke the ice with me. So the ice was broken, you know. It was just nothing was said like persistently like it had been in the past for years and years. All right, So you told us your guard was down. Yeah, yesser. How long did you go before you were able to get your guard back up?

How long did that go? Well? As far as getting my guard back up after the last time I had sex with Heather, I would say it was a couple of months before I came out of that low, you know. But but then trying to get my guard up, I just have never been able to get my step back or feel like myself because, you know, even trying to get my guard back up, there's just there's just been

this overriding haunting of this sex tape because Gawker put it out there. So instead of having my guard up when I'd look at somebody and meet somebody, or go out in public, or i'd sign you know, someone's, you know, a kid's autograph, instead of being up with my guard, I still felt like I was turning inside over this thing. I just haven't felt like myself. So just you know, it changed me from I never got my guard back up, Like you said, you know, when did you

ever get your guard back up? I never have. This is still tearing me up with this whole you know, I never recovered from my guard up. When from when I bottomed out before my marriage, through all the you know, through having the sex with Heather, through this crazy sex tape being released by Gawker. You know that I didn't know about. I haven't been able to get back up and and and be who I was before podcast with Lapsed Wrestling podcast. So your guard has been down since? Yeah, I'm

not the summer of two thousand and seven. I would say, yes, sir, I don't. I'm not the same person I was before all this craziness happened. Okay, so you've been at an all time low ever since. I didn't say that. I didn't. I said I didn't get my guard back up. You know, I'm trying to stay what you're talking about. Brother, You asked me what I did get When did I get my guard back up? You know, my guard is not up like Hulk Hogan's guard is usually up. It's not the same. I don't have the same

guard up. Brother. Do you fear that other women are going to come onto you and since your guard, since your guard is down, you'll succumb to these they're wild? There is no fear of that at all. Okay, all right, fair enough. Now what we're going to do is continuing

with our chronology. We're now going to move forward in time yet again, and we're going to direct I'll ask you to please direct your attention to a press conference that was held on the courthouse steps, all right now, when you decided to initiate suit, you decided to sue, which brings us all

here together. Right you held, you and your council held a press conference, right, yes, sir, okay, And let's just take a very brief look, tim if you have a clip, I think it's D two six nine D video clip published as follows, Oh Cogan, We'll take all reasonable steps necessary to ensure that all persons and nties who were involved in this are punished to the fullest extent of the law. Video clip concluded. Did

you see that? Yes? I did. And in that clip you see one of your attorneys who's at the microphone and you see yourself over his shoulder, Yes, sir, Now, video clip published as follows. I'm going to turn this over to Attorney David Houston, who has some additional remarks. Good afternoon, everybody. My name is David Houston, Thank you for being here. I video clip concluded, and do you recognize your attorney David Houston. I take it, yes, sir. All right, now, was

it your idea to hold a press conference? I will recall whose idea was. Okay, weren't you concerned that by calling a press conference and issuing a press release that you would only draw more attention to the Gawker story. No, sir, that wasn't a concern of you. Was that if we didn't do something about this, this would ramp up even more. And since Gawker said they wouldn't take the video down, everybody else had put the video, had put the video down, that it was fed to you or they lashed

onto and it would never stop. The bleeding would never stop. I had to do something to try to stop Gawker from what they were doing to me. All right, that was my concern. Okay, So you really weren't worried that this would just increase the attention. That wasn't your concern. I don't know how you could increase the attention more than Gawker did. All right, let me ask you this. That's just my opinion. But they did a pretty good job of getting it out everywhere. Let me ask you this.

When asked about your reaction to the press conference, you testified that there weren't a lot of reporters there compared to the OJ trial. Do you remember that testimony. I don't recall that, but it's possible I could have said that. Okay. Would you like to see it? No, if you want to show it to me, it's fine. But if I said it, I said it. Okay. When you said there weren't a lot of reporters there compared to the OJ trial, did you expect that your press conference

would draw that level of attention? Why? I do not know what to expect. Okay, all right, now, let's shift to focus once again and talk briefly about the privacy of Hulk Hogan. At your deposition, you were asked if you were concerned about the privacy of Hulk Cogan right constantly deposition please page in line number absolutely. Do you have your volume four, page six hundred basics hundred Yes, sir, yes, sir, okay, If you could look with me and you see the question starting at six line six,

do you see that page six hundred, line six yes. I'm sorry, I'm just having a hard time hearing you, brother. Sorry, Look at line six, you were asked this question question, are you concerned about the privacy of Hulk Cogan. Answer. Hulk Cogan is a fictional character or as a character wrestling character, and the privacy of Hulk Cogan is something that is part of the character. So it's not a major concern when it comes to Hulk Hogan's privacy. Do you see that? A yes, sir,

it is that kind of what you were playing explaining to us earlier. Maybe I can maybe I can help you help me a little bit. What was I explaining earlier? Yeah, I take it when you were telling you were kind of telling us, well, there's Terry Balaa, there's Hulk Coogan. Mister Balaia is different than mister Hogan and all that right, and you were concerned. Are you concerned about Hulk Cogan's privacy? I'm concerned, but it's pretty much take the good with the bad. You realize that when you're a

character, they're going to invade. You know what, if there was a privacy, you know, if Hulkogan had any privacy, you kind of give that up when you walk out the front door as character. I would have loved to have privacy in my car on a cell phone or something, you know, as Hulk Coogan, but you know, people take pictures and stuff like that. I walked out, I walked out in public, and you know, I went to a Raise game and I went to the bathroom and

everybody was calling me a Hulk Cogan, Hul Coogan. Next thing I know, I turn around, I'm staying at the urinal and somebody is taking a picture with picture of me. So I'm concerned about Hule Cogan's privacy, but you kind of give it away. So it is a concern, but it really doesn't matter anyway, because once you walk out the door, you know, front door is Hulk Coogan. You know, your anonymity is given up,

and there's really no privacy anymore where you work in the public. So that's what I meant by it. So if Hulk Coogan is gonna is going to the bathroom, it really should be a private moment. But there are people that have been taking that. I have taken advantage of it by taking pictures of me going to the bathroom or after a wrestling match. You know, when I'm in the shower, I've had people sink a picture of me when Hulk Hogan in the shower. So it's a cost of doing business.

Like I was trying to explain, you have to get you give it up. But in the privacy of your own home. I'm not Hulk Hogan, so I don't have to worry about that and the provacy of my own home. I'm Terry Balaya, and nobody invades my provacy in my own home or in a private setting when I'm with my friends. So no, I understand that as the whole Cogan characters, it is a concern, but I do

give it up. I understand that. Yes, I think you explained in your deposition that when fans, for example, fans come up to you and they ask you a question about your personal life, you answer the question as the character Hulk Hogan. Right well, I try to, you know, that's what they expect. They want to talk to Hulk Hogan brother. You know, when the fans are asking questions, right and if the fans ask a question about Terry Balaya's personal life, you answer and the character Hulk Hogan.

Right well, fans don't usually ask about Terry Bala and they say, hey, Hulk, you know, how's your daughter Brook? I go, oh, she's awesome, brother, And they don't say, hey, Terry balleya, how's your daughter brook? And they don't ask them that context. Like I said, when I leave my house, everyone thinks I'm Hulk Hogan.

You know, I can't remember a situation where someone's come up and said, hey, Terry Ballet, I heard your wife got in the jet ski accident, and you know, hey, Terry Ballea, how's your whizzle? You know it's always Hulk Hogan. So I don't know, it doesn't happen that way. If you can, then could look at page five fifty pardon me, page five forty two, Way five two, Volume three, Volume Free, Yes sir, yes, sir. Now this continues on to five

forty three. Question when you say that you were, I'm sorry, brother, you need to tell me what line you're starting on? Line twenty. Thank you? Okay, You see it says question all right. And when you say that you were, it's this statement here is true for Hulk Hogan. But you're talking about your personal life. Is that Hulk Hogan's personal life or Terry Blaya's personal life? Answer, it's the character answering a question.

And if they ask a question about Hulk Hogan's personal life, I will answer in character as Hulk Hogan. If they ask a question about Terry Blaya's personal line, I will answer as the character Hulk Hogan. I never in these things go down to Terry Bola. Do you see that? Yes, sir okay? And is that true that when they ask you about Terry Bolia's life, you answering character as Hulk Hogan. That's true, is it not?

Yes, as up and trying to explain to you, right. And it is also true that you never go down to Terry Bola, not once I leave the house, not once I leave the house. And I'm a Hulk Hogan. You know, it's expecting me to always answer like Hulk Hogan, such as line outside the old man mailman goes hey Hulk, I say, hey, how are you doing? Brother? They don't, you know,

the mailman doesn't say, hey, Terry Bolia, how you doing. So I always you'll never expect me to answer as Hulk Hogan, even if they ask me, even if they did ask me a question about my personal life. So whatever questions fans ask, you're going to answer as Hulk Hogan. Yes, yes, sir okay. Now let's talk a bit. You talk to us yesterday about emotional distress that you experienced. Do you recall that?

Yes? Now, you did not seek any medical treatment in connection with the emotional distress you experienced, did you, No, sir, it didn't see a doctor in connection with your emotional distress, did yet, sir? It didn't seek psychological counseling in connection with your emotional distress. Oh, sir, you never went to a psychiatrist in connection with your emotional distress, correct, Oh, sir? All right. Now, you also talked to us yesterday

about professional wrestling. Do you recall that testimony? Sir? All right? And you've explained to us that wrestling isn't fake. It's not fake, right, it's predetermined. What's a better way to describe it? If you're just doing a general analysis of it? Right? And I think you explained to us that folks in the wrestling community are kind of offended when you talk about it being fake, right, at least there was a time back in the day when they were. Yes, Well, that second statement of yours is

correct. Okay. Now, when we say it's predetermined, that means that the outcome of the match, we all the people involved, no going in who's going to win? Right? Yes, sir? Okay, I think I read somewhere where you've only been in one bout in your career where the outcome was not predetermined. Right, I don't know if that's correct, you know, I don't know. Look, I don't know where you've read it. You know you said you read it somewhere. I need more detail,

you know, you need to help me more. Let me ask you this. You're about the one you had Landre the Giant, Yes, sir, that one you didn't know who was going to win, did you. Well,

that's one instance. Yes, that's true, Yes, sir, Okay, you know he was in a very bad mood and we just did not know if he was gonna let me win or not, because I couldn't have never beaten him if he didn't let me know he was They said five hundred twenty pounds, but he was closer like the seven hundred pound mark that night, So if he did not want me to win, I could not have won. You know, I kept asking Vince McMahon on even what are we

doing? You know, is it's something zop or thumbs down? You know, Vince didn't have an answer, So I actually went the ring not knowing if the giant was going to be kind enough to let me win. You know, it's very nerve wracking. It was nerve wracking, very nerve wracking. Yes, sir, I knew he wasn't happy. Let me ask you this one last thing before we move on to another subject, this business about

professional wrestling. Let's talk about the wrestling term. I believe it's referred to as a work woh r okay, work, Yes, sir, you're familiar with that term, yes, I am, and I take it. A work is when both wrestlers are in the ring and they decided they're going to work together. They're going to get physical, right, They're going to get as physical as they can without injuring each other. But they're working together, right, Yes, sir. It's like dancing with someone there, you go.

It's like dancing. And like with dancing, you have someone who wants to dance with you, right, yes, sir? Okay? And when this like dancing, when a work is done, well, it flows quite smoothly, doesn't it. Well, I guess you could say that. I mean there's a lot more to it than that. Yeah, But if someone is working together, well, you know, the match seems to be better and everything is more fluent, you know, and it looks really really real.

If someone off two guys are good workers, two dancers that are really good, you can tell who knows what they're doing in there. So if you have two really good wrestlers, really good working together, it all looks very real. Let's would that would be the hope? Yes, that would be the goal. Well, that would be the goal, yes, sir? Okay, Now can the term work will be used outside the ring, outside the wrestling world. You can use it for whatever you want. You

can use it right now that however you want to use it. You know that you're working together where the attorneys, you know, you guys are dancing together, right, yes, sir? All right, mister Blaia. At this point in time, you can city yourself to be a celebrity, correct, Yes, sir, I do. After all these years. I think

I'm established and a lot of people know me. I think because of that, they would say he's well known enough to be a celebrity by this point, yes, sir, And hulk Hogan is a household word, correct in my opinion it is. I prefer household world though, and I think, as you explained in your deposition. You were on the cover of Sports Illustrated, right, Yes, sir, you started doing talk shows and attained celebrity

status by the mid nineteen nineties. Correct, that was my opinion, Yes, sir, I thought it took that long for me to get to that point. Okay, and I take it you still consider yourself a celebrity today, Yes, sir, I just told you I did. Okay. Now I'm going to turn to the discussion we had yesterday about reality TV. Do you recall that, yes, sir, okay, And I believe your reality show Hogan knows Best and in the mid two thousands. You have a hard

time with dates. Sorry, yeah, all right, I think it was two thousand and five to two thousand and seven somewhere in there. Does that sound I believe you, Yes, sir. I don't know exactly, but if that's what you have, I believe that. Okay, Your daughter was on the show, right, yes, sir, your daughter Brooke, Yes, sir? How old was she at the time, Well, the best of my recollection, she was a teenager, maybe seventeen. Maybe I'm guessing.

I really don't know. I'm not good with dates and times and stuff like that. You know she was younger, and your son Nick was on the show as well, right, yeah, he would be two years younger than Brooke. All right, what we're going to do is we're going to take show a brief clip just to give you the introduction to the show. If you can take a look at that, Tim, do you have that video clip? Published as follows Linda, can you call the kids? Neck?

Mom? Where are you? Well? Where is everybody? Hogan knows? Best video clip concluded? Okay, is that introductory portion we looked at? I take it you recognize yourself, right, Yes, sir? You saw your wife at the time, Linda, Yes, sir, and your daughter Brooke, yes, sir, and your son Nick, yes, sir. Okay, now we're going Now what we're going to do is we're gonna take a look at a flip, Tim, if you have that, Yanna, This is D two fifty four D video clip published as follows. Hi,

I'm Joan Ross. How are you hi? So? What brings you here today? The last six months have just been like really bad fights. There's just stuff, stuff erupting every day between her and I. Oh, there is just all this unhappiness. It's kind of like Wow, you know, it's just hard for me to understand how we got to this point. You know, part of our argument is, you know, we both have different levels of physicalities, and as far as the sex drive goes, you

know, I'm very attracted to her. You would I approach her. It's hard to get a positive, reinforced response from her. It just never ever happens. I'm just never in the mood anymore. It can just be something that's a little bit more eased into, or something well, I don't know how to ease into any other way. I just like need five minutes with

your magazine or something else besides going straight. Video clip concluded, You remember the show and the discussions, yes, sir, the marriage counselor yes sir? Okay, when you were doing this show, did you consider that was something that was appropriate for the public to see? Yes, sir, you know, we you know we were. It's like a clip you showed where it's Hogan knows Best, you know, Hulk Hogan, Linda Hogan, Nick and Brook Hogan. It wasn't Terry Balaya knows Best, and it wasn't Linda

Balaya, Terry Balaya or Nick Balaya. I think we discussed yesterday that everything was scripted and set up. You know, they had storylines, so this was one of the storylines that they wanted to go down. Let me ask you this, when you did that particular episode and you showed sitting down with the marriage counselor, did it concern you at all that the public may become more interested in the state of your marriage? Well, I was hoping they

would become more interested in the show. That's why we were doing it. Did it concern you at the time that the public when you discuss these kinds of matters, that the public might become more interested in how your relationship with your wife was going. Not that they would become more interested. No, I mean on the show actually the final season of the show, you know, a lot of people said it looks like you're not getting along with your

wife on camera. You know, I didn't really read into that, So that was so normal for me to be at odds with or off camera, you know, on camera, off camera, it just read on camera that, you know, Hulk Hogan and Linda Hogan aren't getting along. You know, sometimes already imitates life and to be in that situation where whether at the dog massage or or the beach, or a psychiatrist or the marriage counsel you

know, you know, it's Hogan knows best. You know. I think if we had been in there as Terry and Linda Balaya, we might have really gotten into some serious private details. And if it was a private marriage counselor to really save our marriage, I think it would have been a lot different than what we saw just there right now. So I take it what you're telling me. It really wasn't a concern of mine, right What are you asking me now by showing this on the show, showing the marriage counseling

and all that, you really weren't concerned. No, sera was not. You know, we had so much stuff so far out there with the show. That was just another beat. They'll forget that episode in the next episode they'll watch. So it was just just storylines, you know. I didn't go, oh, my gosh, you know, we're gonna do some character driven piece that the producers want us to do that's gonna make things worse or make people you know, I wasn't thinking of that. I was thinking of,

let's do the show and get a good scene in here. Do the show get a good scene. Yeah, that's what you're doing. You know, you're a pro. You're on camera and they usually tell you exactly what they want out of the scene. So we wanted that drama intention. I'm sure, Tim, if we could look, please at clip D two fifty four Crana video clip published as follow us Linda, Yes, today's my wish day. I hope you're ready. I'm sitting down here. I'm ready.

Why don't you come upstairs? You know I'll be up in a few minutes. All right, love you by, love you too. She's in for a surprise. Video clip concluded saw that clip, Yeah, I saw, I saw it you sir? Did you can see that to be invasive of your privacy? Well, no, sir. Once again, we were all

we were all here. We are filling a TV show, you know, and whether it's in the wrestling ring and someone pulls my trunks down or I pulled Rick Flair's trunks down, you know, there's certain artistic liberties when you're in character, you know, and if the producers are asking you to shoot a scene, you know, it's pretty acceptable when you're filming a TV show. So you weren't embarrassed there being depicted on National TV sitting on the commode

with the trousers around jankles. Right, you weren't embarrassed. Well, I'm not going to say I wasn't embarrassed. It's just, you know, it is humbling to be seen like that. But it's part of the show. So it's part of the deal, the good with the bad of being an entertainer. I see. And I take it you a comfortable having that depicted on your reality TV show that you thought this was something that was appropriate for

the public to see. Well, you know for TV fourteen or the ratings say that the rating system has said that this was acceptable programming for that time slot. Yes, sir, my question, as you thought it was appropriate for the public to see, right, Well, I never thought about it that way. I just thought it was okay that they were just going to get out a side shot at the cheek of my rear end on a toilet. It'd be funny and a sound effection. They put a farting sound effect

in there. It was tongue in cheek. You have to take it for what it's worth. When you're being entertained. It was humorous. I take it, Yes, sir, you thought it was humorous. It's kind of funny when they put the sound effect in. Yes, and I take it to strike that. Just to wrap up on the reality TV business, after your show, Hogan Knows Best went off the air, VH one came out with a new series, Brooke Knows Best. Correct, Yes, sir, And your daughter was the star of that show. Yes, sir, you

appeared on it. Correct. Yes, sir. All right, let me see if we can wrap up your mister boulay up, I would like you to direct your attention to defendants Exhibit sixty eight. Do you see that there, Yes, sir, I do. And that is your book, My Life Outside the Ring? Correct, Yes, sir. And this book, Hull Coogan My Life Outside the Ring was co authored. You co authored this with Mark Digistino. Correct. I'm not exactly sure what you mean by co

authored. You know, I told the story to Mark Agostino, and he wrote the story. So I don't know if I've got a credit as a co author, because I'm not sure I've never seen it, or if I saw it, I don't remember it, you know. But I told him the story about Hulk Hogan My Life Outside the Ring. I told him the story, and he wrote the story. He was the author of it. Is what I'm trying to say. This is your second book, right, yes, sir, Now, you wrote this book because your life was moving

forward and you thought there was interesting stuff going on. Right for several reasons, My life was moving forward. I got a chance to explain what was going on in Hulk Hogan's life, you know. And I have the opportune opportunity to make some money off of book because there are interesting things going on in my life. So there was an upside that if the book was popular

and sold, it would help bring in revenue. And you did think there were interesting things that you chose to share with the public in this book, right, yes, sir, Now, I take it when you wrote the book, you hope that folks raids and what have you would find this to be an interesting book and they would buy it. Right well, I was hoping the way the book was written, it'd be compelling and interesting and exciting

and entertaining and they would be interested in it. Okay. Now, one of the things you chose to include in your book was an account of the affair you had with Christiane Plant correct, Yes, sir, If we can look please at page one eighty five and one eighty six of your book. You'll see the text will appear here. See where it says one of those handlers the record company brought in, and we're referring to handlers for your daughter Brook. Yes, sir, so one of those handlers the record company brought

in for Brooke was a woman named Christiane Plant. Yes, sir, Christian, I said, yes, sir. Christiane was so great with Brookes. She did everything she could to look after her, and I loved seeing someone take care of my daughter that way. She was just so positive and caring. She was thirty four, but she and Brooke became really close, almost like best friends in a way. Do you see that? Yes, sir. Now, if we continue on, you see the passage starting next thing,

I know this is the last paragraph on one eighty seven. Okay, there, If you could direct your attention there, and if you could look at that, the next thing, I know, the two of us started kissing. Not to sound perverted or anything, but it was fantastic. Here I am in my mid fifties. Here, I am in my fifties now, and this was a really attractive thirty four year old woman with dark hair and a curvacious body, and just to have some affection, genuine caring mixed

in with that physical attraction. It felt good. It was such an emotional and physical release. We didn't have sex that night, but it opened the door. Over the course of the next two months we did have sex, maybe five different times. That was it. Do you see that, Yes,

sir, I do see that now. I take it you felt comfortable at the time you did your book sharing that with the public, right, yes, sir, And I take it this as kind of part of the interesting stuff that you hoped, interesting stuff going on in your life that you hoped folks would find worth reading about. Right, it is part of the stuff going on in my life, yes, sir. Okay. Now, as events were to unfold, it looks like you were right about that,

as you report in your book. If we could look, please page two fifty three, three paragraphs up from the bottom. You'll see the passage there. So on February twenty eight, brother, if you would okay, if if if you would read starting there please so. On February twenty eighth, my affair with Christian Plant became national news. I don't think there's a blog or entertainment show in America that didn't run with the story of Hulk Hogan cheating on his wife. Do you see that? Yes, sir, Now that

was true, wasn't it. What was true? The whole thing about the business with the affair with Christian Plant that became big news, didn't it. Well, yeah, that was true, sir, widely reported. Right I can't hear you. I'm sorry what widely reported? Yes, yes, sir, yes, sir. Now, before we move on from this book, there are other deeply personal things in your book, aren't there. Well, I'm definitely sure that there are, Okay, and you're comfortable sharing notes with

the public, right, yes, sir? All right. Lastly, if we could ask you to direct your attention Exhibits seventy defend its Exhibit seventy. If we could pull up the cover of that book. Now you remember that book, yes, sir? Okay, and this one you co authored with Michael Jan Friedman. Correct, Yes, sir, And this was your first book, yes, sir, and you reviewed it before it was published. I take it. Yeah, you know, I told once again, I told the story to whoever that writer was. You just said, well,

then there was an extra step after that. You know, I was working for the w TOW at the time, and then they had their people go through it and change stuff too, so soon as it was you know, this book was different than the other one. This was released through the WWE. So I told the story, you know, the writer wrote my story, whatever parts you want or write of the story, and then w E changed it and did what they wanted to it. So there was like an

extra process with this book. Okay, what we're going to do is we're going to shift our focus one last time and we're going to talk about a different subject. What we're going to do is we're going to look briefly as an excerpt from an appearance you did in October twenty it's two thousand and six on Bubba's show, So if you could focus on that period of time, we'll look at clip D two forty two C. Video clip published as follows. Hello, Hello, Hoodie, what are you doing? We're just giving

me We're just doing a Brent intervention right now. Oh yeah, who's who's Brent interventioning? Brent? I think Hoodie is in the same condition you were last Friday. I love Hoodie, Hoodie, what what are you running right now? What are you running? Deep? Well, I can't tell you. Video clip concluded, mister Belaya, Do you recognize your voice in that clip? Yes, sir, I do. And do you recognize Babba La

Love Sponge's voice on that program? Yes? I do, and I take it this is one of those occasions you told us about where you appeared by telephone or can you tell sounds like it? I mean, I mean, yeah, it sounds like it. I really don't know if I was sitting there on the phone or acting like I was on the phone, you could have been all the above, he refers. I believe he refers to you as Hoodie, right, Yes, sir? Was that one of his nicknames for you? Yeah? One who was teasing me? And that was a

name of his dog. He called me Hugh. He just to rile me up, or I'd say to him, you know, I'd say to him to rile him up. Tim, If you could play the next clip, which is D two forty two, a video clip published as follows, All right, how about how about people have emailed how big is your penis? Man? You guys got you guys are brez, You guys are brothers.

You guys are bres I mean, is it over? Well, you tell them, you tell all your fans right now, you'll keep brooking number one while her record releases sold Tuesday all through the week, and I'll tell you how big the Locknest Monster is, how big a cock is? So that's the fans motivation. Yeah, Jimmy, we gotta get voting and we gotta buy this record. That's fine, Bubba. Let's let's see you talk smack to your your cult followers, Hogan. I talk so much smack to them.

Look what I've done. Well, if you want to see how big the Locknest Monster is, you better talk some turkey prodible. I've seen it before. I know how big it is. Shoot everybody at VH one seen two. Yeah, exactly, and they called me king. Try exactly. I would say, hard, you're probably seven and a half or eight inches. Shit, No, that's what I'm saying. Well, dude, I got sized fifteen feet. I wear a size fifteen ring on my wedding ring. Figure it out. Well, you ain't got a fifteen inch cock,

Hogan. Well, it's about two thirds of size of your feet in your hands. Jag Off, Wow, what's sixty six percent fifteen Brett ten? What the fuck? I mean? What? What? What is? What is five times three? So you're saying now Ned said you're right at ten? Well Ned should know felt it felt like ten. So you're you're claiming, you're claiming to maybe have a ten inch cock. I'm not claiming those

are the facts. Jack Clip concluded, Yes, sir, having listened to that, I take it that as you telling Bubba's radio audience that if they will keep your daughter Brooke, if they will keep Brooks record at number one, you would tell them exactly how big your penis is. Right. I didn't hear that part. I heard a lot of stuff, but you're solvid, I could really hear you didn't hear that. I was trying to understand the words, but it sounds like it's ecoly. Would you like to hear

it again? Sure, but you have to tell me because I can't understand what's being said. You don't tell me words said so I can really listen for it? All right, you'renna. Can we play it again? Do we have to? Because someone just tell me what was said? Do you have a transcribed We don't have a transport. You let me ask you this. Do you have a recollection of going on Bubba's show about the time that your dada's record was released? Do you have a recollection of working to help

promote Brooks record? Yes, sir, I do, I sure do. And do you have a recollection of working to do that with the assistance of Bubba the Love Sponge clem, Yes, sir, I do. We touched on that yesterday, didn't we. Oh. I'm pretty sure how Bubba would help you out on things? I asked you, Yes, sir, did he help out you out promoting brookes career? Yes, sir. And now did you hear the portion of the discussion about the length of your penis?

Did you hear that's part? Well, yes, sir. You know I heard a lot of it where he said, you know, who do you this? That? And the other? You know, I heard myself say brez, which is a wrestling term because I'm you know, because I was a whole Hogan. You know, Brez means brazoodle, all right, you know when they're talking. I said, oh yo, that's brez brezootle. You know. Then I did hear size fifteen inch shoe, fifteen ring? I heard two thirds, and then I heard nine or ten inches, and

so I heard a lot of stuff. I just didn't hear that other part. It was inaudible. Yeah, did you hear the discussion about the length of your penis? Yeah, I heard a lot of it. I don't know if I heard the whole thing because I couldn't understand everything, you know, but I did hear numbers talked. I heard two thirds, and I compared to hands and feet and you know, figure it out. I heard that part. Did you let me ask you this? Just let's see if

we could simplify this. Do you have any doubt as you sit in that witness stand that you were discussing the length of your penis on Bubba's radio program? Any doubt? Yeah, well it's not mine because mine isn't that size. But we were discussing the length of Hulk Hogans seriously, so you weren't discussing No, no, seriously, I do not have a ten inch penis. No I do not, seriously fair enough, So what you're telling you

believe that seriously is you were discussing Hulk Hogan's penis. Right, excuse me, you were discussing Hulk Hogan's penis. Yes, because you know, Terry ballet is penis is not Yeah, because Siri, ballet is penis is not ten inches like you're trying to say. I take it. When that discussion was being had over the radio in this community, you didn't think that that was invasive of your privacy, right, my privacy, Yes, Sir, Terry Balaya or Hulk Hogan. Well, we talked about Hulk Hogan several times.

You know, I need to get you know, make you understand this that Hulk Hogan gave up his privacy the moment he walked out its front door and became a celebrity and anonymity. So I don't like talking about Hulk and his penis, but I've already tried to explain to you I gave him my right as Hulk Hogan to have Hulk Hogan have any privacy. I don't know how much clear I can make that to you. I'll do whatever I can to help you, but you know, I don't know what else you know

to say to make you understand that. So fair enough, you're doing the best you can right to help you, Yes, sir, okay brother, Now, shortly after you appeared on Bubba's show. Doing this business about the length of the penis right. If we move forward in time again, let's look at an appearance you did on how It's Stern. All right, you appeared on Howard Stern in the fall of two thousand and six, your reality TV show was on at the time. And again this is focused around the

time where your daughter Brooke released her album, released her music. Did you know which album that would be two thousand and six? Which when did she

release in two thousand and six? I mean she released two or three albums during that time in two thousand and six, Yeah, yeah, yeah, I mean there was one roup before that she already had done that she had done on her own, you know then that wasn't really released right until the first one with Cecil Barker and Soby Records, And there were all a couple back to back during that time period. Well, let's see if this helps

you. If you can play the introductory clip from Defendants Exhibit two ninety nine, this may help you as well. Mister Palaya. Your appearance when you went on Howard Stern was on October twenty third to two thousand and six, and you appeared with members of your family. Let's take a look at that. Well, it was a different subject video clip published as follows nice outfit, baby, Well, let's an outfit. You know how to dress? You allow her to wear that? I look great? You know, Nick,

you know how to dress too, Hulk? How you doing? Brother? What's up? Hulk? How are you doing? Hey? Guys? And uh, you look good? Video clip concluded. So that is October twenty third, two thousand and six. Yes, sir, Now do you recognize yourself in that video clip of the how its sterns show? Yes? Or I do? And do you recognize your wife at the time Linda? Yes? Or I Do you recognize your daughter Brooke? I take it? Yes or I do? And lastly you said Nick you recognize him as well?

Yes, sir? Now if we could look at the next clip, which is a D two nine video clip published as follows have you is that as far as you've gone with guys? Is kissing? Could I leave? No? No? You can hear this, gome on, Okay, I haven't had sex, right, I'm not going to tell like you guys. All I've done is kiss guys like I've made out with guys and stuff. So they felt you up, Howard, Please, my legs are sweating, all right. So you're saying third bases as far as you've probably like second

or third. How did that happen though? Under your father's watchful eye? Well? Where did you get to third base? Where were you? I had a boyfriend and stuff? Good god? Yeah, but how did she get to third base under the watchful eye of Hulk Hogan? Did you have that on video? Hug? Video clip concluded? Now you saw that clip, you saw that discussion again and how it's Stern? Yes, sir,

did you consider that to be an invasion of Brooks privacy? Your daughter Brook you know, as her on the show doing a publicity tour my family, knowing that we're going on there as the Hogan family. It's almost like Hulk Hogan giving up his privacy. You know it is for me. It's hard to watch with my children because it's invasive, because Howard Stern was trying to

get go to Brook Balaia and find out personally. So Brooke to me looked embarrassed, even as Brooke Hogan because she hasn't been around the media as long as I have with getting embarrassed. You know, I've had more experienced getting embarrassed with tough questions and funny things, so it didn't look like she was embarras. You know. There was a little bit of a conflict with me because I kind of know personally, you know, what was going on as

compared to what she was saying a relationship was with boys. You know, I have a little bit different opinion of that. So I take excuse me, I take it that you thought sitting there that that was something that was appropriate for public discussion. Right, Well, we understood we were going on Howard's turn as a Hogan family. We knew he was going to talk about

sex and stuff. So that's part of the deal. You have to say, that's part of the public consumption that they come along with doing a media tour, you know, So it was okay to do as a Hogan family, right, And what you're telling us is, in that context, it was okay for public discussion. You were comfortable with her with that talk about her experiences as Brooke Hogan, and for her to get through a really tough interview with a really tough interviewer, you know, she did the best she

could it. It's tough for me to watch my kid trying to protect herself as Brook Hogan when Howard's frying away, trying to get some real personal issues. If we could look at the next clip him, if you could please play D two ninety ninety video clip published as follows. That is an awesome outfit, Brook, hold on to inaudible. Now, that is a mini skirt in a little What is that? Brook? How do you describe that outfit? I don't know. It's like a vest with a bron hunder it.

Do you get nervous performing or have you been doing it so much? My heart's actually beat it a little bit because I'm performing in front of Howard Stern. Right now, let me tell you something, your future husband. That's right. It's like Marilyn Monroe performing in front of the president and happy birthday to you. I would love to take your virginity. Wow? I would. I mean I've never had I've never been with a virgin. Wow.

He wants to inaudible her hour She's right, high dude. Video clip concluded, mister Balaya, do you consider that to be something appropriate for public discussion? Well, it's part of the Howard Stern Show, so yes, it goes along with the territory. Okay, And what did you mean when you said before your daughter, Howard said he would like to take her virginity and you said, referring to Brooke, that she is the right height objection, judge, relevance, maybe you approach yes at the bench. How much

longer do you intend to go anyway about? I think I've got one more video clip and I'll just give your heads up. It's another Howard's stern, So it's video. It's just for its appearance and to hear a talk about that. Our ratio is more that they had you issue a curative instruction yesterday to tell this jury he couldn't seek to testify about damages associated with his family,

and they just opened the door wide open. They've just played clips of his family that have absolutely no relevance to this man's privacy in this case. And you can turn around and instruct the jury that they're not to consider him being upset over his family knowing about this when they just brought them front in center. That was the relevance judge. My bottom line is you don't get

it both ways. They want this limiting instruction. They don't want to have him talk even implicitly by slight inference about the impact this sex tape had on his relationship with his family. But they come up here and ask him questions about whether his daughter somehow was waiving her privacy rights because she was on a show to sing a song. It creates a horrifically confusing impression in front of the jury. Frankly, Judge, they've opened the door to it at this

point, not at all, Urana. It goes to the question of public concern. It goes to the question of his damages and his notion of what privacy is all about. And he has a thick skin when he talks about his damages. He's going to get up there, He's going to testify about the way the question regarding his feelings regarding the vigidity aspect, that objection is sustained. So do you have any other questions regarding that clip? No, that was the last question. Okay, So how much I'm trying to get

the luncheon time? That was my question. I don't know how much more cross you have or do we break for luncheon come back? I can't speak for him, Judge, I know I'm asking him. He kind of looked at me. I have one more clip, I know, but I don't know how much longer. It's ten minutes. Then are you finished with your cross? Yes, ma'am, Yes, okay, I'll do it however you would like. Let's talk about the clip is in cases an objection, your honor. This is in regards the next one or the last one. If

the judge has sustained the objection, we're just going to move on. The next clip is Howard Stern moving forward in time. It's Howard Stern and he appears with Jennifer. Thank you. He appears with Jennifer, and we have a couple of clips from that, and they again he talks about the size of his Penis that kind of thing? Is that the only thing You're going to have? No conversation or statements from Jennifer. Well, she's doing the

talking. It's the same problem. They can't slam a door on him saying he can't talk about his damage is associated with his family, and then bring in clips of his family. They can't have their cake and eat it too, judge. I think that is fair game. He's sitting there talking with her about what size condoms he wears. A week brother dude, they talk about we can try, we can try at the luncheon recess to recut the clips. So it's just him. He's sitting there with his bride and he's

talking about these things in all manner. He has every right at that point if that's their argument, how they want to address his thick skin to discuss about whether that thick skin was penetrated and concerned when this sex tape went out about the impact on those relationships. It's completely opened the door to I'm not going to tell them how to argue their case, but if that's how they want to approach telling the jury that he waives privacy, then he should have

every entitlement in the world to discuss that. Judge, the objection is I understand out of the plaintiff is one relevancy and two that it's opening the door against the stipulation where you all had agreed to those damages aspect. Yes, on that basis, I'll sustained objection. I'll move on. Great, thank you. So you're just going to wrap up, then, can I confer so everybody is clear, has there been any for redirect Is there any limit

in opening the door in that topic? Given that you sustained our objection. Well, because the one there was the let's say one and a half video with the family, because I sustained the objection, but the video was played, So I think it's fair for there to be limited. We're direct about that, but limited, keeping in mind the stipulation that y'all had as to damages. Can I have the court's approval to be able to instruct my client on the lunch break the extent to which you can talk to it. Yes.

Finally, Judge, I assume we're going to break after his cross because redirect will be about thirty minutes. Yes, thank you, Thank you, an open chord, missus Ollivan, anything additional, no, ma'am, mister Balaia, I appreciate your attention. Thank you. All right, so, thank you very much. We are now going to break for lunch and we're going to come back and we'll continue with mister Blaya on redirect. By the Planiff, I'm going to ask everybody to come back at one thirty. Please

remember the instructions. The jury exited the courtroom at twelve fifteen pm one thirty. Yes, lunch and recess taken at twelve fifteen pm. Court called to order at one thirty two pm afternoon. Everybody please be seated. Is there anything to work out prior to the jury. We have one preliminary matter to discuss very briefly, Thank you, your honor. I will speak for the defense. Excuse me for the arms crossed. I seem to be freezing in

the courtroom for some reason. I did want to just reel briefly revisit the not revisit, but ask for a clarification or a little guidance on the ruling that you made at the bench when opposing council asked about the door being open, and we chatted for just a few moments, and I really just wanted to be double checked with the court because we don't want to be jumping up at the bench when the jury is here and all that kind of stuff.

So our concern was the scope of whatever discussion will be had on redirect. And I understand you to say that any inquiry that they may make now on redirect will be very limited. And so my understanding of that, and that's why I said it real quickly, is the testimony was simply relating to not

even testimony. It was a video that was presented of the family, the limited video of the family on the Howard Stern program, And as we explained, we were introducing that because that's relevant to the plaintiff's understanding, this line between public and private and him bringing his family on the Howard Stern Show and their private lives being made public like that. That was that was our relevance. And when you sustained your objection, we stopped there and we didn't introduce

anything else. Then there was the question, and this is what confused me. And you know, my mind starts wandering. It's my job here. Right when they asked about the door being opened and then being allowed inquiry and you said that it would be very narrowly limited, I was hoping you could give us some guidance now so we can avoid any possible concerns during redirect. I think right after that, I said, mister Turkle said you were all going to be going to talk during the lunch break, and so I don't

know what's happened. So I don't know what it is that they plan on what I what I told them before. She basically reiterated the entire speech we had at the bench was that I'm not going to ask my client any questions about that unredirect, So all right, that doesn't seem to be an issue.

Then they wanted to do this, so okay, I must have misunderstood my I thought he was going back to the stip lation, and I understood that plaintiffs counsel said he would be asking about their emotional distress from the videotape. Our concern is more than that. It is also the fact that we were stopped at that point. Okay, great, thank you, and Judge, thank you. So let's go ahead and bring the jury in to be

extremely clear, so the court knows. Judge everybody was told, I'm not asking him any questions about it. If it comes up later, we will deal with it then. Okay. Wrestling podcast with Jack in Sorrow's Lapsed Fan Wrestling Podcast. The jury returned to the courtroom at one thirty six pm. Okay, thank you all very much. Everybody could be seated. Hopefully you

had a nice lunch. All right. So where we left off at the end was mister Sullivan had finished his cross examination and now mister Turkle will put mister Balai on redirect. Mister Turkle, thank you, mate. Please the court redirect examination by mister Turcle mister Balaa, I have a few follow up

questions for you Roller. In this time period, you were in New York between the or around the press tour you had mentioned, and mister Sullivan had shown you his TMC interview where you find out that Bubba makes these comments on

the tape. Do you recall seeing that video where Bubba makes comments on the tape, the comments about retirement, and yeah, I saw the TMZ video in court today, right, yes, sir, all right, how many days before that TMC interview did you find out that Gaker had published the sex video? Well, best of my recollection is before I went on the publicity tour, You'll be a four or five maybe a week. But when I

found out about the sex tape, I was just desponding. Yeah, I was just you know, everyone was trying to talk me into a knock going on the tour, but I just you know, it was before the tour a week maybe or four or five days. And that's what I was going to ask you. You mentioned and I don't know if the jury picked it up in the long answer, that hearing about the Bubba thing was icing on

the cake. Would you explain what you meant by that it was, I mean icing on the cake, because when the video came out, it was just totally flip my world upside down, and you know, I just remember going days without being able to sleep, you know, just it was a situation where all this media stuff was affecting my personal life where I I just had a hard time functioning or eating or anything like that. You know, I just function on autopilot. It was just a constant barrage, whether I

was outside or going to the store or anything. Instead of you know, saying hello, Hulk, how are you doing, It's like, Hulk, you know we heard about the sex tape? Or Hulk did you make the sex tape? Or Hulk did you you know are you part of the sex tape? Or good job, Hulk, We love the sex tape. Brother. So everything changed in my life from that point on when it flipped my world, you know, completely upside down, and I had a really hard time just functioning, you know, in my house. After I left my

house, my whole life changed. And then you know, when what I was referring to is I hically on the cake. I was confiding in Bubba during that time that, you know, when that tape was out and I was like, it's down as far as I could totally go because of the tape being out and trying to you know, and Bubba saying, I'm not I'm gonna fight this thing with you. I'm your best friend. I'm a

lawyer. You know, Heather did it. You know, I was believing in Bubba, and even though I was really down, he was my only hope. I was hanging onto that. And then when I found out Bubba on that day released the tape, it was just icing on the cake. You know. Then there was a little shift that lasted for a couple of days or so. I hadn't regroup and rationalizing this guy's not my friend. And you know, it was still has been the same with my life being

flipped upside down as of you. I mean even yesterday I walked out of the courtroom. You know, first thing, Hey yah, good luck on the sex tape. I mean, before all that has happened, that was never mentioned to me, that was never constantly thrown in my face, That

was never a twenty four hour a day thought that people had. And it's still the same, it's worse I mean, you would talk to the jury during direct about the difficult times in the two thousand and seven, but by two twelve, had you done as much as you could to kind of regroup in life? Well, you know, move forward. I met my new wife, Jennifer, and I was doing everything I could to try to get on my feet, you know, and you know, knowing that my past

life and everything that was going on here is a fresh new start. And I met Jennifer and she was very spiritual, very aware, you know, didn't read the newspaper or anything like that. So I had this new situation where I was in a great relationship and I thought I had everything behind me. And then when this sex tape hit, you know, my whole world went upside down and everything changed from my personal life to life on the street.

And it's just you know, I thought I had my eye together again, you know, I was moving forward, and this tape totally sabotaged me again. It derailed me. Brother. Let me ask you, Mister Sullivan asked you to tell the jury whether you went to see any doctors or counselors or sought treatment for physical elements. But did it affect you physically? Yes, or it did. Could you tell them how well? I mean, not being able to eat, not being able to sleep, constantly thinking about

it twenty four hours a day. You know, saw something you can walk away from you is something that sticks with you. And just my demeanor, I just like I was turned inside. You know, That's the only thing

I can really describe it is it felt like I was turned inside. So if I was a meeting a fan or building, a meeting a kid or whatever, I felt like, you know, I was so used to protecting these kids and being honest with them and telling them to do good and you know, be cool and eat fruit or train so your proteins, your vitamins, such a positive thought that I felt like if I try to talk to anybody, especially the kids, but there was this aura around me that I

just felt like I was exposed and I couldn't say the right thing to these kids and tell them the right thing to do, or people without them thinking, oh my god, you know he's involved in a sex tape, and just you know, it's just costly on my mind. And it's just like this overhanging cloud that will not lighten up, because that is the topping that's on everyone's mind. The sex tape that they put out the TNA, the Bound for Glory tour had been booked based on your recollection, how far it

advanced of October fourth? Oh? Usually, you know you have to book the things at least a couple of months in advance, so that would be a couple of months for sure. Was there discussion about canceling the tour? Yes? Or there was? Did you agree to cancel it? No, sir, I thought we should do, you know, I felt that I should move forward and not hide from this. Who was Jules Workman? Would

you tell the jury who Jules Workman is? Well? Jules Warman at the time was a publicist that worked with for TNA, that set up all these interviews and talk to all the producers and handled the publicity tour. So when mister Sullivan asked you all these questions about whether you talk to Howard Stern or the TMC guys beforehand about staying off this topic, and you kept referring to a publicist, would that have been the person who you were referring to for

this particular tour, Yes? Or it would And you mentioned the word protocol. Do you ever handle that part of it, No, sir, any do not sex tape? No sex tape. When you're on a media tour for wrestling, do you ever handle that part of it? No, sir. We're going to show some of the Howard Stern clip that was cut off where you were asked a question and then there is no answer. It's got

a couple of things timing wise for the jury. Was the Howard sterns show that you were on on the b for Glory tour before or after you had the discussion with TMZ? Oh, could you please restate that when you went on the Howard Stern for Bound for Glory? Was that before you had this discussion with TMZ where they talked about Bubba and all that stuff we saw, Well, there's a call before where I was talked about. Were you on Stern before that? Do you remember the itinerary? I'm sorry, I'm going

to confuse that question. I'm sorry. Sure when you go on the Stern show, Yes, sir, you're in the aqua blue shirt. We're going to show you. Do you recall if that interview, yes, occurred before you had the TMZ phone call and all that. Oh no, no, no, no, no no no. I went on I went on Howard Stern. I was actually defending Bubba at that time, and I'll say, you know, there's no way you know this tape that Gawker release, you know, Bubba would never do that. And I take it from that that

was before you had heard from TMZ the Stern Show. Yeah, that day, Yes, sir, that that day. Why you know, the jury has gotten to see a little bit bits and pieces of Howard Stern and some of these these more graphic shows. But could you tell them whether Howard Stern

when you're doing a wrestling tour is an important show to you. Well, yeah, Howard Stern is very important because, like I said before, if you go on the Howard Stern Show, it opens up opportunities to get on other shows, especially as a wrestler, because a lot of news shows and

a lot of entertainment shows. Sometimes like Jay Leno or something like that might say, oh, you know, I don't want a wrestler to on there, you know, but Howard Stern kind of changes the game for you if you get on Howard Stern, and that kind of like makes you more important than if you don't get on Howard Stern. Does this, does his demographic matchup with the demographic you're trying to reach as a wrestler across the board. Yes, sir, you know it's Middle America, NASCAR male's eighteen to fifty

five. That's a perfect demo for wrestling. I want to show you now, we're going to show that video. If you remember, undirect mister Sullivan played you like a question and then there was some courtroom stuff going on. I want to show the answer in part of that video there if we could pull that up. I think this is defense three O two B. Is that correct? A video clip? It's played in open court as follows, showing the tape in a way I will represent to you. Yeah, it

makes you look like a guy. I mean, you look well, you look physically man, you look good. Well, you know that's part of it. Screaming about your big thick cop that's true. I mean, dude, if I was in the tape, that girl would be like, when are you going to put it in? And you come up like a stud. Honest to god, are you kidding of me? Do you think it

came off that and that tape? I mean, let's analyze quite honestly, you know, honestly, Yeah, how do you pull Yeah, I've seen probably about fifteen seconds of it, because all right, well I've seen the video why so you know it's so it got me so sick to my stomach, in my chest. I thought I was going to have a heart attack. I'm telling you, dude. It was totally turned my life upside down. But do you video clip concluded? If you could, could you bring

that back up for me? Please? Just a steal shot so we can take a look. It's right there. Have you had a chance in this trial. You've seen these tapes, right, How did your face look? How did you feel right there that day? Well? I was you know that day, I was on autopilot and I was devastated. I was I was just overwhelmed in up to New York with a tape out. It was like it was like I was numb. It was almost like it was not really happening. You know. It's just I couldn't get by a moment of

the day without you know, someone bringing it up. Were you tired? I had to slept. I was very tired. I want to you can take that down now, judge. I want to shift gears to this book they talked about had mister Sullivan asked you questions about the affair with Christian Plant. I think it is at the time the book was written. Had that already been put out in the news? Yes, sir, I think mister Sullivan asked you questions about the Inquirer. Had the Inquirer already published a story

about this? Yes, sir. Was there anything in your book about Heather Clem No, sir, there is a section of pictures in your book. Are there any naked pictures in there? No, sir. Was there a DVD inserted in your book showing you having sex with Christian Plant? No, sir, the book was published in what two thousand and nine? Well, I'm not sure you don't remember. Well, I'm not sure the date. I want to talk about something off the reality show. Mister Sullivan showed you

a clip. First of all, let me back up. How many episodes did you shoot at that show? Hogan knows best. You know. There were four or five seasons, and I'm not sure if it was eight or ten or maybe twelve episode order it depending on how much they believed in the show. They might have ordered an extra show depending on how the ratings were. So I don't have an exact number. It's four or five seasons, a fair number to give the jury. Series. Yeah, yeah, series

of shows. You know, seasons made me think yearly, but a season can be you know, I got it. There was more than one. It didn't last. A season didn't last a whole year, right, yes, sir, all right, the clip. I want you to explain to the jury the dynamic that's at play on the set of the TV show when you're shown there like you were with a shirt on, but obviously sitting on

the toilet. Does that idea come from you or the producer? That's the producer, And would it be fair to say that that idea is no different than perhaps on a movie set when a sex scene is shown, and I mean a real movie, like in the movie movie theater, real movie. Okay, yeah, I'm sorry. Well, you know, recently, I just wanted to see a movie and I don't I can't remember the name of it, but it had a friend of mine, you know, my John Cena, and I want to see the movie because John Scena was in the

movie. And all of a sudden, in the middle of the movie, you know, they got John Cena on top of a comedian you know Amy Schumacher, you know, having having sex with this woman in the movie, and kind of caught me off guard, but I understand it's part of the storyline on the plot. You know, he's you know, John's an actor.

You know, John c is playing a character in that. So it's kind of like the same thing, if aught the same thing when the producer said, oh, you know, you know, get on sit on the toilet, and you know, will even you know, they even, like I said, they put sound effects, add comedy to it, you know, so it was part of what they wanted. You know, I would never personally say sit on the toilet and add noises and bathroom noises. You

know, that was all their stuff. With all the times you went on TMZ and we've seen two or three different snippets from different interviews to TMZ. Ever post the video, No, sir, they wrote about it, right, Yes they did. And you talk to the jury about the fact that you understood that was part of what you brought into it as a celebrity, that you have to suffer those stories, right, Yes, sir, you know the writing, you know that's part of what happens. Yes, sir,

they put up every sort of a grainy still. Pardon me, they put up a sort of grainy still picture, did they not? Yes? They did. Did you ever sue TMZ? No? But I had a problem with the picture, I you know, I had my attorney sent a season desist and they took it down. Did the attorney? I don't know if anybody ever told the jury what the dirty dot com is? Do you know what the dirty dot com is? Well, that's my understanding. It's

another website like Gawker that puts up stuff like this. Did the Dirty dot Com ever put the video up? It's the best of my recollection. It was the video or the still that we sent a season desist and they took it down. Did you ever sue the Dirty No, sir, because we realized they were pushing the envelope and they were wrong, you know, and it was the wrong thing to do. And as soon as we send the season desists, they pulled it down because they knew they were wrong. Did

Stern ever put the video up? No, sir. Did Sway ever put the video up? No, sir, you did. Can you tell even tell the jury how many different interviews you did in the media, tour, radio or TV? Series filming. Can you give me a number, Well, I can only guess. You know, there was a bunch of them. Did any of the media outlets you talk to during that tour put the video up? No, sir, as we sit here to day, has anybody but Gawker put that one minute, forty second highlight reel sex tape up

online? So that's my knowledge. Gawker is the only one that would that did this. And I'm not including people that may have linked it off Gawker. I'm talking about when it was originally put up. You know, they're the only ones I know that did it. And we send them a season assist too, and they wouldn't take it down. I have just a few more questions. You had a lot of interplay with mister Sullivan about your deposition. Do you remember how many days you were under oath in your deposition?

Oh? Man, you know they called me a couple of times, you know, three or four days all day long. How many volumes of transcript is there up there in front of you? Did you look? Is this ours? I think it's the one that you have been using the whole time. You can count the pages, I says, six volumes whenever that means how many pages? Eight hundred and thirty five pages? Mister Blaya, I

just have a few more questions. Did you ever consent to having video and audio recording done of you having a private sex act with Heather Clem in a private bedroom at the Clem's house. Never? Did you ever consent to Gawker putting a highlight reel of that who recorded act on their website Gawker dot com. Sir? Did you ever consent to gawk or using your image, your likeness in any way, shape or form for any purpose on their website? No, sir, A moment to confer judge. Yes, I don't have

anything else. Thank you, Hey, you very much, Thank you, mister Belaya. Do any of our jurors have questions? Could you please write them down? Do attorneys want to come forward? Yes, mister Turkle at the bench? Okay? Can I okay? I have two mikes of you. I don't know if you will know the answer to that question. I think there is no dispute about the fact that we could stipulate. Probably a stip to me would be March in April to October. The stills are April

April steals April. Yeah, it will come out and the video up to twenty twelve, okay, in the video to October. Yeah, okay, here's the last one. I don't think anybody knows a Burton. Do anybody do one on Burton to Tony Burton Getty. I think that there is a deposition that talks about that. Yeah, he doesn't know. Okay, he wouldn't know that. He wouldn't know from any competent evidence. He wouldn't know that. He would know as being a litigant and what he has heard in

this case. But I don't think that's a question on that. No, Okay, he can't answer that question. Yeah, boy, oh boy, I wish we could. Why don't you get your appellate lawyer up here to talk about it again? We will keep that one. That's sort of why I was not allowing the question about what was the original complaint? Well, we need to that's different things. That's fine. I don't know how to

handle any of those. I think some of them, other than the first one, the first one, he may be able to answer the rest of them. I'll just give him the stipulated answer. Yeah to the first one. Yeah, to the first one and to the other ones, it's not for this witness the other one. I think you could say some of these other questions. There will be subsequent evidence that will okay, Yeah, and while we're up here, Judge, we're going to play Jules Workman's deposition next.

And there's just a couple of objections to resolve, so I don't know if you want to have them to tell them. We're going to take a break, quick break, ten minute break, okay, to set the video up. That's good, thank you, an open chord. All right. The first question, I have a question about the timeline. How much time is between the still photos shown and the video posted by Gawka. The parties have stipulated that the still photographs were in April of two and twelve, the

video was October twenty twelve. There was some additional questions, but those questions are for this witness. You will have to wait until later in the trial. Any other questions, all right, Thank you very much, mister Balaiah. You can take your seat. Brother. One two for only foming in

the go down. One two for one forming in the flock down. The video was posted sass go yes Hogan telling us he was overcome with emotion when he realized that day one I think there is this a seating leading announce laser production of the LAPS Entertainment Group. Its content is intended for private use only. Turtle as Penis is not ten inches like you're trying to say.