Jurors in Hulk Hogan’s sex video trial on Wednesday heard a videotaped deposition of Gawker’s former editor in chief — shockingly saying he’d draw the line at posting a sex tape of a celebrity who is under 4 years old.
A.J. Daulerio, 41, was sitting ramrod-straight in the Florida courtroom during the incredibly awkward moment when he was asked by Hulk Hogan’s lawyer, “Can you imagine a situation where a celebrity sex tape would not be newsworthy?”
Daulerio answered flatly, “If they were a child.”
“Under what age?” he was asked.
“Four,” he said.
“No 4-year-old sex tapes, OK,” the attorney said.
Daulerio, who looked bored throughout the grilling, wiping his eyes and resting his hand on his chin, also claimed he would have no problem if his own hypothetical sex tape were published.
“It wouldn’t upset you in any way to have your sexual encounters appear on the Internet?” he was asked.
“I somewhat expect that to happen at some point,” Daulerio said.
Jurors seemed distressed by Daulerio’s cavalier attitude about posting the sex tape.
One male juror squinted, pursed his lips and leaned back in his chair, while a female juror seated next to him kept her arms crossed, then jotted down notes.
A third woman looked down during parts of the testimony.
Daulerio said he first heard about the Hogan sex video when it was a story on TMZ.
He said he first watched the video when he returned from a vacation on the West Coast.
“I watched it and watched it one or two times and then, then decided whether or not we are going to publish some of the contents of it, and was discussing how we could possibly share some of the contents of it, and was discussing how we could possibly share some of the footage on Gawker.com,” he said.
He said he turned the tape over to his video editor and “selected various spots of the tape that I considered both newsworthy in the context of our story and had her twiddle it down to whatever the time frame was, I believe it was close to two minutes of footage.”
He said he wanted to verify that Hogan and Heather Clem — then-wife of Hogan’s former best pal Bubba the Love Sponge Clem — “were actually having sex, so I believe we did small snippets of those two having intercourse.”
Daulerio went on to say that he found the video “very amusing” and “newsworthy” — and would be “somewhat popular” on the site.
“Did you give any consideration prior to Oct. 4, 2012, as to whether publishing the Hulk Hogan sex tape would distress Hulk Hogan?” the lawyer asked.
“No,” he answered.
“You didn’t care, really, did you?” the lawyer asked.
“No,” he said again.
“Had you known that Hulk Hogan would be emotionally distressed by this publication, you would have still published it, correct?” he was asked.
“Sure, yes,” Daulerio said.
Former pro wrestler Hogan, whose real name is Terry Bollea, is suing Gawker Media for $100 million for posting an edited version of the sex video.
Gawker is defending the publication by arguing that Hogan had talked openly about his sex life before, including on Howard Stern’s radio show.