CM Punk & Colt Cabana v Dr Chris Amann Trial Day 4 Morning Notes

I was down at the Cook County Courthouse for day 4 of the Dr. Chris Amann vs. CM Punk & Colt Cabana trial.

Here all the full notes from the morning session: 

After pre-trial discussion between counsel about suits, “Do you remember when suspenders were in?” “No,” the plaintiff’s side rested. This led to defense motioning for a Direct To Verdict, on the grounds that the Plaintiff has yet to prove any defaming statements. Judge denies the motion. The trial resumed at 9:45am.

Testimony of Scott Colton (Colt Cabana)

• Defense tries to get Cabana to talk about his childhood and early days of wrestling but a series of objections derails this line of questioning.
• Colt talks about wrestling being a “different, niche world.”
• Colt says he wrestles, “[does] YouTube,” produce podcasts, sew costumes, “comedian, kind of.”
• Colt says he met Punk at Steel City Domain Wrestling School in 1999 and they became fast friends.
• “Two of the ones who really loved wrestling the most.”
• Colt confirms that their friendship continued after wrestling school.
• Punk gives a history of the ways he and Punk have stayed in contact, (text, email, applications, etc.)
• “How often did you see each other?” “All the time.”
• Colt describes Punk as “passionate,” before counsel objects to the line of questioning.
• Colt confirmed that he was introduced to WWE through Dr. Tom Pritchard, and would try and get booked as an extra any time they were within 8-10 hours driving.
• Colt signed his contract in 2007, while plaintiff’s lawyers start to object to the relevance of the statements.

SIDEBAR, Colt is left on the stand, Punk goes into a side room. Leading to a tense moment as Amann and Colt tried not to make eye-contact.

• Colt confirms employment with WWE from Apr. 2007-Feb. 2009.
• Colt confirms that Art of Wrestling started in 2010.
• Colt describes Art of Wrestling as having an intro, a middle, and a conclusion.
• Colt says he “gives [his] friends an outlet in the world of wrestling that fans don’t hear.”
• Colt describes learning to podcast as a “trial and error” process.
• When asked how he books his podcast he says, “I ask them if they’d like to be on my podcast.”
• “I bring my recorder, plug it in, give my friend a microphone, hit record…hit stop when it’s done.”
• Colt confirms that Punk was the one to bring up the idea of Punk being on AoW.
• Cabana says he was “well aware” of Punk’s situation.
• “The wrestling community wanted to hear what he had to say.”
• “At the time we were living 4 blocks from each other.”
• Colt describes riding his bike to Punk’s, entering through the back entrance, and recording the podcast on Punk’s couch.
• AJ Mendez-Brooks might’ve been present but Colt cannot confirm.
• “Phil and I talked everyday.”
• “I was living the situation as he was living it.”
• Colt believes he met Dr. Amann prior to podcast.
• Colt doesn’t remember Dr. Amann’s name coming up during recording, and didn’t call Dr. Amann afterwards.
• Colt says Punk showed him the lump, “Hey wanna see this thing?” This is met with an objection.
• Colt confirms he heard about the lump, and saw it before the 2014 Royal Rumble.

At this point, an entire class of 8th graders enter the courtroom.

• Colt says he saw Punk shirtless in his house in 2013. Punk was shirtless and “wearing the camo shorts he always wears.”
• Defense produces Punk’s camo shorts from seemingly under the desk,  as Exhibit 117.
• Colt identifies the shorts as Punk’s.
• Colt, on the lump: “It was disgusting.”
• Colt says the lump was on the left side of Punk’s waistline, and that it was raised, discolored, gross.
• Colt talked to Punk “every day that I was home.”
• Colt saw the lump “at least more than once.”
• “It was my understanding that he was constantly asking WWE-” [cut off by an objection]
• Colt confirms he didn’t see the Royal Rumble until after the podcast, had no way of knowing Amann was ringside.
• Colt does not believe Punk brought up Amann.
• The only part where Colt thinks Punk brought up Amann had to do with an unrelated story about Punk’s elbow.
• Colt believes that the “they” in “They Z-Packed me to death” was general WWE Medical Staff.
• Colt says the same for every comment in podcast.
• Counsel is stopped from asking about getting emails from listeners.
• “I knew it was gonna be a big episode.”
• Colt confirms he never received an email from Amann.

SIDEBAR

• Colt recalls receiving the Cease & Desist but objections aplenty derails the line of questioning.
• Colt restates that his pre-podcast knowledge of Amann was limited, if at all.
• Plaintiff’s counsel takes over.
• Colt was aware that Amann “had beefs” (plaintiff’s counsel’s words) regardless of not getting email.
• Colt did not know that the “doc” from the podcast quotes were Amann, or even if they were talking about an actual doctor.
• Colt confirms seeing lump because Punk had his shirt off.
• Colt recalls seeing the lump a second time, but couldn’t recall in original deposition.”
• Cabana: “I think there’s a long answer.” Counsel: “You answered in about six words.”
• Colt can’t recall how many times he saw the lump.
• Colt can’t recall seeing the lump change size.
• Colt confirms being in Japan in fall of 2013, but gets confused on dates.
• Colt confirms Punk in Europe until 11/17/2013
• Colt can’t confirm if Punk told him he was on anti-biotics.
• “I don’t want to say anything wrong.”
• When pressed, Colt can’t remember any of Punk’s comments about anti-biotics.
• Colt confirms he has never been treated by Amann.
• Counsel plays podcast clip, in which Cabana says he wants the story to be heard by “as many ears as possible.”
• “I thought it was a wild story.”
• Counsel tries to get Cabana to define what he meant by as many ears as possible, but Cabana keeps the definition at “whoever was listening.”
• Colt expected people to talk about the story. “I just wanted people to listen.”
• Colt’s lawyer takes over.
• Colt confirms that he saw the lump a “variety” of times.
• Colt confirms he didn’t believe Amann was the doctor.

BREAK

Before court resumes, the attorneys get in a fight over how much footage from the 2014 Royal Rumble can be shown. Amann is on screen, but his lawyers do not want footage of Kane chokeslamming Punk through the announce table shown to the jury.

Judge: “I don’t know who Kane is.” Counsel: “The big man without a shirt.”

Judge calls counsel into the hallway, where indistinct shouting is heard.

Court resumes.

Testimony of Phil Brooks (CM Punk)

• Punk identifies himself as a UFC Fighter and freelance comic writer for Marvel Comics.
• Punk says he didn’t listen to the podcast until just before the trial.
• “I sure do swear a lot.”
• Punk says he’s a different person.
• “I sure was bitter.”
• Punk almost starts crying, saying hearing who he was back then “brings up memories” of things he doesn’t care about anymore.
• Punk confirms that he started wrestling at age 15, as The Punk.
• Punk talks about hitting a wrestling with a roll of quarters and says, “Alls I’m saying is I’ve got a lot cents.” [possibly stating this is his first promo]
• Punk confirms that being a member of a tag team The Chick Magnets is where his CM comes from, thus entering into public record that CM stands for “Chick Magnet”
• Punk discusses growing up in Lockport, IL and his early friendship with Cabana.
• Punk confirms signing with WWE in 2005.
• He describes his character as “punk rock kid, what you see is what you get, straight edge.”
• Punk describes the straight edge lifestyle.
• Punk confirms he is still straight edge.
• Punk describes tactics in playing a straight edge face vs. playing a straight edge heel.
• “I like punk rock.”
• Punk describes DIY [the movement, not the tag team]
• “Everyone has guilty songs on their iPod, enjoy it.”
• “Genesis of podcast was I’d left WWE. Up until that point I’d been silent, the other side…not so much.”
• “I just wanted to set the record straight for my fans.”
• Punk explains what a Shoot Interview, as well as the overall concept of “shooting” in pro-wrestling.
• Punk says goal of podcast was to “paint a picture.”
• “It’s my story. I’m just telling my story.”
• Punk confirms Cabana’s testimony.
• Punk cannot confirm AJ’s presence during podcast recording.
• Punk says there was no formality, no difference between normal conversation.
• Punk hated holding the microphone.
• Punk had not seen his WWE Medical Report, was not copied on it.
• Punk confirms feeling symptoms listed in Medical Report.
• “I felt sick overall.” Headaches, lack of sleep, no appetite, vomiting after exaggeration. Narrowed vision, dizziness, neck couldn’t support head.
• Punk defines taking bumps and running the ropes.
• Punk confirms vomiting after every match.
• “My head was a fishbowl.”
• Punk discusses having crying spells.
• “I’d be in catering, one sec fine, next welling up.”
• I’m sure I wasn’t fun to be around.
• Coughing started in September of 2014, subsided, and then came back in November.
• Punk describes rib pain but can’t describe the initial injury.
• Defense reads podcasts statements about concussion before Europe 2013.
• Punk talks about “getting [his] bell rung” by Luke Harper.
• Punk confirms no one but Dr. Samson treated him on European tour.
• Punk confirms no one but Dr. Samson talked to Punk about concussion.
• Punk confirms symptoms worsening in Europe.
• Punk confirms Dr. Samson gave him a Z-Pack.

Break For Lunch

Related: CM Punk & Colt Cabana v Dr Chris Amann Trial Day 3 Morning Notes