Will Hogan sex tape case set a legal precedent?
Trial pits right to privacy against celebrity news
Lawyers for Hulk Hogan and the gossip site Gawker took turns presenting closing arguments to the jury on their trial’s tenth day in Pinellas County, Fla.
Hogan's lawyer slammed the site for not contacting the WWE legend ahead of publishing a clip of a sex tape featuring Hogan. But Gawker's lawyer said the entire sex tape and lawsuit could be a "publicity stunt" orchestrated by the celebrity.
Hogan maintains he did not know he was being recorded when he had sex with his then-best friend's wife.
Hogan’s lawyer spoke first, mostly focusing his presentation on how Gawker did not reach out to Hogan before posting the one-minute-and-forty-second clip.
Hogan, whose given name is Terry Bollea, is suing Gawker for $100 million for publishing it. He contends it was a violation of his privacy.
“The media has the power to do great good and the power to do great harm,” a lawyer for Hogan told the court. “What’s significant in the world of Gawker is a tape of my client in a private bedroom at the lowest point in his life, in a private act… and what they know at that time is that it was secretly recorded… they do nothing by way of trying to find anything out. They don’t even call my client.”
The lawyer referred to Hogan as "defenseless."
“The fact that they didn’t have the common decency to call one person who was involved in it before posting the video tells you everything you need to know about Gawker.”
The attorney took issue with the policies at Gawker, referring to the staff there as “a bunch of young kids sitting there in what they call their ‘campfire chats,’ taking a private act in a private place and using it to joke.”
The lawyer stated Gawker posted the video to increase traffic to the website and make money. More than once, he referenced a cease and desist letter that was sent by Hogan’s personal attorney asking Gawker to take down the video.
He told the jury the entire trial could have been avoided if Gawker had the “decency” to take down the clip when asked.
The lawyer for Hogan concluded by telling the jury: “Go through the judge’s instructions and render a verdict for Mr. Bollea.”
Gawker’s attorney then turned the jury’s attention to the fact that the tape had not been shown in court nor watched by Hogan—ever.
“Mr. Bollea testified he never watched the video he is here suing us about,” the lawyer said, citing comments the celebrity made under oath. “Why did [Hogan’s legal team] not show you (the jury) that video?... Because that video did not show all that much.”
During the course of the trial, lawyers for Gawker focused on Hogan’s media interviews, particularly one with TMZ, following the release of the sex tape.
“TMZ is a place a celebrity goes to get even more attention for a sex tape,” the attorney for Gawker declared during his closing arguments.
The lawyer implied the entire lawsuit could be a “publicity stunt” set up by Hogan and his then-best friend. He cited quotes played for the jury from Hogan’s partner in the sex tape, Heather Clem.
“Mrs. Clem doesn’t know whether this a publicity stunt," he said.
He also set out to dismiss a claim made by Hogan’s attorneys: That Terry Bollea is a private person and Hulk Hogan is a character he assumes in public. Hogan’s attorneys have gone as far as to say that when he is Hulk Hogan he is acting.
“Even if you credit the notion that Mr. Bollea and Mr. Hogan were two different people, the fact is the rest of us can’t tell them apart,” the lawyer said. “He tells you folks: this was the Hulk Hogan character... you know that that’s not right. An actor playing a character in a movie does that on the set, but when they got on a talk show, they are themselves.”
He instructed the jury to “avoid being guided by sympathy.”
Hogan's lawyer then had the last word and returned to refute Gawker's legal team's points, and the jury was sent to deliberate.
A lawyer for Gawker told FOX411 the legal team regrets that Heather Clem's ex-husband was not made to testify.
"As the trial concludes, we're disappointed the jury was unable to see key evidence and hear testimony from the most important witness. So it may be necessary for the appeals court to resolve this case. Hulk Hogan's best friend Bubba the Love Sponge -- who made the tape and offered up his wife in the first place -- originally told his radio listeners that Hulk Hogan knew he was being taped. The jury was only able to hear a questionable version of events. Bubba should have been required to appear in court and explain what really happened."
Meanwhile, a lawyer for Hogan told us the wrestler was hopeful the jury would rule in his favor.
"As usual Gawker continues to attempt to confuse the issues and disguise what they have done. We are hopeful it did not work for the [jury], and we do not believe it will work for the public."
The Associated Press contributed to this report.
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