06-04-2018, 05:46 PM
Today's notes. Punk being cross examined by Amman's lawyer and AJ testifying:
Cross Examination of Phil Brooks (CM Punk)
Punk confirms discussing The Lump before podcast.
Punk has no clear memory of showing The Lump to Cabana.
Punk is reminded of his deposed answers, in which he said he showed The Lump to Cabana.
Punk confirms no one saw The Lump during the podcast recording
Punk confirms no photos of The Lump.
Punk confirms earliest The Lump may have appeared was fall 2013. Counsel: “Could it have been November?” Punk: “It could’ve been September.”
Punk confirms his deposed testimony
Punk confirms never measuring The Lump
Punk confirms being on WWE 2013 European Tour, and being treated by Dr. Sampson.
Amman’s attorney gets argumentative with Punk, when trying to narrow down the date of Punk first seeing The Lump.
Punk confirms complaints of rib pain, headaches, phlegm, etc. on European Tour.
Punk confirms never bringing up The Lump in November 2013.
Punk confirms not showing The Lump to Dr. Sampson in November 2013.
Punk confirms showing The Lump to Dr. Amman.
Punk confirms The Lump changed colors in December 2013.
Punk confirms The Lump was nickel-shaped in fall of 2013.
Punk refuses to confirm size of The Lump during visit with Amman.
Amman’s attorney starts using portions of Punk’s deposition but there is a fight over how much of the deposition counsel should use.
Punk confirms a baseball is bigger than a quarter.
In trying to get Punk to confirm his uses of the term “Doc” in the podcast, Amman’s attorney gets confused and has to reorient himself to his own evidence and line of questioning. It’s a slow and confusing moment. Amman’s attorney gets argumentative again.
Punk confirms Patrick Duffy is not a doctor.
Punk says that Duffy said definitely “Staph infection” during visit. When pressed on his “full blown staph” comment, Punk says “I don’t know the difference between a little bit of staph and a lot of staph.”
Punk cannot recall “Full Blown Staph” comment.
Punk cannot confirm measurement of The Lump. Counsel: “It’s a yes or no question.” Punk: “It’s not though.”
Punk cannot recall prescription of antibiotics from Amman.
Counsel debates the completeness of the podcasts quotes being used in questioning.
Punk confirms calling Patrick Duffy by the name “Patrick Bateman.”
Punk confirms declining getting a culture on The Lump.
Punk confirms that no doctor called The Lump “MRSA.”
Punk confirms believing MRSA and Staph are the same thing. “It’s all the same to me.”
Punk cannot confirm Duffy ever telling him The Lump would require hospitalization.
Punk confirms lying facedown for drainage procedure, and feeling discharge and fluid on neck and back.
Punk confirms Z-Pack texts to Zack Ryder, Curt Hawkins, etc. from Exhibit 21.
Punk confirms text in which he talks about Jericho asking about staph, “I feel like I’m playing chess with a pigeon.”
Punk confirms “Like a zit that was golfball size” text.
Punk confirms a golfball is smaller than a baseball.
Punk confirms he quit WWE before his second visit with Duffy.
Punk confirms asking for an excuse note from Duffy because “I know how petty they [WWE] are.”
Excuse form is shown, and reads “possible staph”
Punk confirms not questioning excuse note.
Punk confirms texting his sister Chez about The Lump.
Text from Punk to Mark Carrano: “Take me off all shows, I’m sick and have bruised ribs and concussion symptoms.”
Punk confirms never showing Vince McMahon or Mark Carrano The Lump.
Punk confirms “This Fucking Lump Hurts” conversation with AJ.
Punk says The Lump looked infected.
Punk confirms texting during Duffy visit.
Punk confirms cyst diagnosis.
Punk confirms clutching table in pain during Duffy drainage.
Texts between Amman and Punk are shown.
Punk confirms that Amman brought up bloodwork over Punk’s ill health.
10-15 minute break
Punk confirms blood work conversation.
Punk doesn’t recall getting a chest x-ray.
12/2/2013- Punk gets chest x-ray.
Punk cannot recall taking augmentin.
Punk confirms getting antibiotics from Amman.
Punk confirms symptoms: coughing, lack of sleep, rib pain
Punk confirms not texting about The Lump.
Punk confirms telling Larry Heck, in a text message, that he was “physically fine,” despite The Lump and concussion.
At this point, Counsel uses Punk’s statements about wanting to be in the main event of Wrestlemania to suggest that Punk was determined to blow WWE executives away with his Rumble performance. Counsel: “You still wanted to blow WWE away [so you could headline Wrestlemania]” Punk: “I don’t know.
Punk confirms saying he’d finish the match during Royal Rumble
Punk confirms the “I almost feel bad” and “but fuck him” texts.
Punk confirms he was never diagnosed with Staph by a doctor.
Punk confirms tweeting about “shitting” himself on an episode of Smackdown, as it was a side effect of antibiotics.
Punk admits saying The Lump was “on [his] back,” because it sounded better than “on [his] butt”
Punk confirms never measuring The Lump with coins, sporting equipment or eggs.
Punk confirms varying description of The Lump’s size from a “person,” to a “planet.”
Punk confirms never signing a HIPPA release.
Testimony of April Mendez Brooks (AJ Lee)
AJ confirms having no knowledge of testimony or any aspects of the trial.
AJ confirms being married to CM Punk.
AJ confirms former WWE employment. Currently an author and mental health advocate.
AJ confirms that AJ Lee has nothing to do with the YouTube account AJUniverse.
AJ confirms beginning relationship with Punk in August 2013.
AJ confirms being present on European Tour and witnessing the symptoms that Punk listed earlier.
AJ confirms seeing The Lump multiple times. AJ said it was on the “left butt.”
AJ confirms seeing The Lump for the first time in August of 2013. She says it started “zit-sized.”
AJ noticed The Lump growing and changing shape.
AJ can’t remember date of 2014 Royal Rumble, but remembers The Lump being at its biggest at the Rumble.
AJ confirms taking no notes or pics of The Lump.
AJ confirms herself, Punk & bus driver on Punk’s bus before Rumble.
AJ confirms Punk dressing on bus.
AJ confirms that Punk never got a heat pack applied inside his shorts.
AJ saw Punk talking with Amman in trainer’s room. She pushed Punk to have the conversation. Amman said to wait until after the Rumble match.
AJ confirms the “this fucking lump hurts” text messages.
AJ confirms that Punk never stabbed or poked The Lump like he said in text messages.
AJ cannot confirm Punk’s feelings about doctors.
AJ confirms believing Patrick Duffy was a doctor.
AJ confirms making Duffy appt.
AJ didn’t know Punk would have the procedure.
AJ surprised that Amman didn’t see The Lump as a problem sooner.
Lunch break
Continued Testimony of April Mendez Brooks (AJ Lee)
Defense turns over witness to the plaintiff.
AJ says trainer’s room meeting at 2014 Royal Rumble too place in early afternoon.
AJ can’t recall if Punk had received his heat pack treatment yet.
AJ confirms that, in August of 2013, The Lump looked like a pimple, “knuckle-sized.” Amman’s lawyer tries to get her to specify who’s knuckle, but is unsuccessful.
AJ confirms that Punk said The Lump was painless in August of 2018.
AJ originally felt The Lump, before seeing it.
AJ cannot recall some of her testimony, when pressed she responds “If it’s in there, I believe you.”
AJ describes The Lump at Royal Rumble as being like a “small fruit.”
Amman’s lawyer seem to be cherry picking their deposition quotes, leading to Punk’s team to call for the complete statements to be presented. AJ confirms that she didn’t know the size of The Lump.
AJ cannot specify when The Lump started to change colors. It occurred gradually.
AJ is presented with a text exchange that neither her, nor the defense recognizes as introduced. Counsel asked AJ if she recognized the exchange, to which she replied “This says Zack Ryder.” It is quickly understood that the wrong text messages have been presented. Amman’s lawyer corrects the error and presents the correct text exchange.
AJ, on saying Punk could give himself staph by poking The Lump, “I’m not a doctor. I don’t know what staph looks like. I was worried.”
Amman’s attorney again presents AJ with the wrong text exchanges.
AJ confirms the “don’t poke The Lump” texts.
Amman’s attorney yet again presents AJ with the wrong text exchanges.
AJ confirms the “I have a growth on my butt” text.
AJ confirms the “I’m gonna stab The Lump” texts, and refuses to say she thought The Lump was infected.
Amman’s attorney presents the wrong evidence again, and after correcting, AJ confirms the texts about Patrick Duffy.
AJ confirms the “doc” in texts is Amman.
AJ confirms texts about The Lump being a cyst or a lipoma.
AJ recalls the word “staph” being used, but can’t confirm the context.
AJ cannot recall conversations after the Duffy appt.
AJ cannot confirm the exact size of The Lump, and cannot give an exact measurement.
Plaintiff has no more questions
AJ confirms she doesn’t know the difference between Staph & MRSA.
AJ never measured The Lump with a ruler, fruit or sporting goods.
AJ confirms that her “small fruit” comparison was a “guesstimate”
Testimony of SpaSoak Massage Therapist (Corrine)
Corrine knows Punk as a client, has serviced him around 20 times.
Corrine learned about Punk’s profession through the receptionist before their first appointment.
Corrine defines Massage Therapy.
Corrine confirms Punk would be tastefully nude during massage (a towel is provided)
Corrine confirms being informed of a “suspicious spot” on buttock. She describes it as a “large, round lump,” “3” in diameter, 1″ raised,” and indicates it would’ve been on the left buttock.
Corrine confirms working on Punk in 2014. Confirmed by records that it was 1/30/2014.
“Still didn’t know what it was,” in regards to The Lump.
Corrine confirms discoloration of The Lump during 1/30/2014 visit.
Corrine indicates with her hands how big The Lump was, [roughly golfball or tennis ball sized]
Corrine confirms that at 4/24/2014 appointment The Lump was gone. Punk supposedly said it “turned out to be staph infection…lucky to be alive.” Corrine said he sounded relieved.
Defense ends questioning.
Corrine confirms there was initially no Lump when she started treating Punk, and that Punk was the one to bring The Lump to her.
Corrine confirms The Lump was sensitive.
Corrine can’t recall if she saw Punk in the “colder months.” Plaintiff tries to submit temperatures from the airport, but SpaSoak isn’t close enough to the airport for it to be relevant and a Sidebar is called.
SIDEBAR
Corrine doesn’t recall the weather in 2013.
Corrine is handed airport weather reports but it doesn’t refresh her memory.
No further questions from plaintiff.
No further questions from defense.
Judge briefly forgets about the other defense, but they also have no questions.
End of evidence.
The judge was in high spirits as she explained to the jury that they will hear closing arguments tomorrow and begin deliberation.
Cross Examination of Phil Brooks (CM Punk)
Punk confirms discussing The Lump before podcast.
Punk has no clear memory of showing The Lump to Cabana.
Punk is reminded of his deposed answers, in which he said he showed The Lump to Cabana.
Punk confirms no one saw The Lump during the podcast recording
Punk confirms no photos of The Lump.
Punk confirms earliest The Lump may have appeared was fall 2013. Counsel: “Could it have been November?” Punk: “It could’ve been September.”
Punk confirms his deposed testimony
Punk confirms never measuring The Lump
Punk confirms being on WWE 2013 European Tour, and being treated by Dr. Sampson.
Amman’s attorney gets argumentative with Punk, when trying to narrow down the date of Punk first seeing The Lump.
Punk confirms complaints of rib pain, headaches, phlegm, etc. on European Tour.
Punk confirms never bringing up The Lump in November 2013.
Punk confirms not showing The Lump to Dr. Sampson in November 2013.
Punk confirms showing The Lump to Dr. Amman.
Punk confirms The Lump changed colors in December 2013.
Punk confirms The Lump was nickel-shaped in fall of 2013.
Punk refuses to confirm size of The Lump during visit with Amman.
Amman’s attorney starts using portions of Punk’s deposition but there is a fight over how much of the deposition counsel should use.
Punk confirms a baseball is bigger than a quarter.
In trying to get Punk to confirm his uses of the term “Doc” in the podcast, Amman’s attorney gets confused and has to reorient himself to his own evidence and line of questioning. It’s a slow and confusing moment. Amman’s attorney gets argumentative again.
Punk confirms Patrick Duffy is not a doctor.
Punk says that Duffy said definitely “Staph infection” during visit. When pressed on his “full blown staph” comment, Punk says “I don’t know the difference between a little bit of staph and a lot of staph.”
Punk cannot recall “Full Blown Staph” comment.
Punk cannot confirm measurement of The Lump. Counsel: “It’s a yes or no question.” Punk: “It’s not though.”
Punk cannot recall prescription of antibiotics from Amman.
Counsel debates the completeness of the podcasts quotes being used in questioning.
Punk confirms calling Patrick Duffy by the name “Patrick Bateman.”
Punk confirms declining getting a culture on The Lump.
Punk confirms that no doctor called The Lump “MRSA.”
Punk confirms believing MRSA and Staph are the same thing. “It’s all the same to me.”
Punk cannot confirm Duffy ever telling him The Lump would require hospitalization.
Punk confirms lying facedown for drainage procedure, and feeling discharge and fluid on neck and back.
Punk confirms Z-Pack texts to Zack Ryder, Curt Hawkins, etc. from Exhibit 21.
Punk confirms text in which he talks about Jericho asking about staph, “I feel like I’m playing chess with a pigeon.”
Punk confirms “Like a zit that was golfball size” text.
Punk confirms a golfball is smaller than a baseball.
Punk confirms he quit WWE before his second visit with Duffy.
Punk confirms asking for an excuse note from Duffy because “I know how petty they [WWE] are.”
Excuse form is shown, and reads “possible staph”
Punk confirms not questioning excuse note.
Punk confirms texting his sister Chez about The Lump.
Text from Punk to Mark Carrano: “Take me off all shows, I’m sick and have bruised ribs and concussion symptoms.”
Punk confirms never showing Vince McMahon or Mark Carrano The Lump.
Punk confirms “This Fucking Lump Hurts” conversation with AJ.
Punk says The Lump looked infected.
Punk confirms texting during Duffy visit.
Punk confirms cyst diagnosis.
Punk confirms clutching table in pain during Duffy drainage.
Texts between Amman and Punk are shown.
Punk confirms that Amman brought up bloodwork over Punk’s ill health.
10-15 minute break
Punk confirms blood work conversation.
Punk doesn’t recall getting a chest x-ray.
12/2/2013- Punk gets chest x-ray.
Punk cannot recall taking augmentin.
Punk confirms getting antibiotics from Amman.
Punk confirms symptoms: coughing, lack of sleep, rib pain
Punk confirms not texting about The Lump.
Punk confirms telling Larry Heck, in a text message, that he was “physically fine,” despite The Lump and concussion.
At this point, Counsel uses Punk’s statements about wanting to be in the main event of Wrestlemania to suggest that Punk was determined to blow WWE executives away with his Rumble performance. Counsel: “You still wanted to blow WWE away [so you could headline Wrestlemania]” Punk: “I don’t know.
Punk confirms saying he’d finish the match during Royal Rumble
Punk confirms the “I almost feel bad” and “but fuck him” texts.
Punk confirms he was never diagnosed with Staph by a doctor.
Punk confirms tweeting about “shitting” himself on an episode of Smackdown, as it was a side effect of antibiotics.
Punk admits saying The Lump was “on [his] back,” because it sounded better than “on [his] butt”
Punk confirms never measuring The Lump with coins, sporting equipment or eggs.
Punk confirms varying description of The Lump’s size from a “person,” to a “planet.”
Punk confirms never signing a HIPPA release.
Testimony of April Mendez Brooks (AJ Lee)
AJ confirms having no knowledge of testimony or any aspects of the trial.
AJ confirms being married to CM Punk.
AJ confirms former WWE employment. Currently an author and mental health advocate.
AJ confirms that AJ Lee has nothing to do with the YouTube account AJUniverse.
AJ confirms beginning relationship with Punk in August 2013.
AJ confirms being present on European Tour and witnessing the symptoms that Punk listed earlier.
AJ confirms seeing The Lump multiple times. AJ said it was on the “left butt.”
AJ confirms seeing The Lump for the first time in August of 2013. She says it started “zit-sized.”
AJ noticed The Lump growing and changing shape.
AJ can’t remember date of 2014 Royal Rumble, but remembers The Lump being at its biggest at the Rumble.
AJ confirms taking no notes or pics of The Lump.
AJ confirms herself, Punk & bus driver on Punk’s bus before Rumble.
AJ confirms Punk dressing on bus.
AJ confirms that Punk never got a heat pack applied inside his shorts.
AJ saw Punk talking with Amman in trainer’s room. She pushed Punk to have the conversation. Amman said to wait until after the Rumble match.
AJ confirms the “this fucking lump hurts” text messages.
AJ confirms that Punk never stabbed or poked The Lump like he said in text messages.
AJ cannot confirm Punk’s feelings about doctors.
AJ confirms believing Patrick Duffy was a doctor.
AJ confirms making Duffy appt.
AJ didn’t know Punk would have the procedure.
AJ surprised that Amman didn’t see The Lump as a problem sooner.
Lunch break
Continued Testimony of April Mendez Brooks (AJ Lee)
Defense turns over witness to the plaintiff.
AJ says trainer’s room meeting at 2014 Royal Rumble too place in early afternoon.
AJ can’t recall if Punk had received his heat pack treatment yet.
AJ confirms that, in August of 2013, The Lump looked like a pimple, “knuckle-sized.” Amman’s lawyer tries to get her to specify who’s knuckle, but is unsuccessful.
AJ confirms that Punk said The Lump was painless in August of 2018.
AJ originally felt The Lump, before seeing it.
AJ cannot recall some of her testimony, when pressed she responds “If it’s in there, I believe you.”
AJ describes The Lump at Royal Rumble as being like a “small fruit.”
Amman’s lawyer seem to be cherry picking their deposition quotes, leading to Punk’s team to call for the complete statements to be presented. AJ confirms that she didn’t know the size of The Lump.
AJ cannot specify when The Lump started to change colors. It occurred gradually.
AJ is presented with a text exchange that neither her, nor the defense recognizes as introduced. Counsel asked AJ if she recognized the exchange, to which she replied “This says Zack Ryder.” It is quickly understood that the wrong text messages have been presented. Amman’s lawyer corrects the error and presents the correct text exchange.
AJ, on saying Punk could give himself staph by poking The Lump, “I’m not a doctor. I don’t know what staph looks like. I was worried.”
Amman’s attorney again presents AJ with the wrong text exchanges.
AJ confirms the “don’t poke The Lump” texts.
Amman’s attorney yet again presents AJ with the wrong text exchanges.
AJ confirms the “I have a growth on my butt” text.
AJ confirms the “I’m gonna stab The Lump” texts, and refuses to say she thought The Lump was infected.
Amman’s attorney presents the wrong evidence again, and after correcting, AJ confirms the texts about Patrick Duffy.
AJ confirms the “doc” in texts is Amman.
AJ confirms texts about The Lump being a cyst or a lipoma.
AJ recalls the word “staph” being used, but can’t confirm the context.
AJ cannot recall conversations after the Duffy appt.
AJ cannot confirm the exact size of The Lump, and cannot give an exact measurement.
Plaintiff has no more questions
AJ confirms she doesn’t know the difference between Staph & MRSA.
AJ never measured The Lump with a ruler, fruit or sporting goods.
AJ confirms that her “small fruit” comparison was a “guesstimate”
Testimony of SpaSoak Massage Therapist (Corrine)
Corrine knows Punk as a client, has serviced him around 20 times.
Corrine learned about Punk’s profession through the receptionist before their first appointment.
Corrine defines Massage Therapy.
Corrine confirms Punk would be tastefully nude during massage (a towel is provided)
Corrine confirms being informed of a “suspicious spot” on buttock. She describes it as a “large, round lump,” “3” in diameter, 1″ raised,” and indicates it would’ve been on the left buttock.
Corrine confirms working on Punk in 2014. Confirmed by records that it was 1/30/2014.
“Still didn’t know what it was,” in regards to The Lump.
Corrine confirms discoloration of The Lump during 1/30/2014 visit.
Corrine indicates with her hands how big The Lump was, [roughly golfball or tennis ball sized]
Corrine confirms that at 4/24/2014 appointment The Lump was gone. Punk supposedly said it “turned out to be staph infection…lucky to be alive.” Corrine said he sounded relieved.
Defense ends questioning.
Corrine confirms there was initially no Lump when she started treating Punk, and that Punk was the one to bring The Lump to her.
Corrine confirms The Lump was sensitive.
Corrine can’t recall if she saw Punk in the “colder months.” Plaintiff tries to submit temperatures from the airport, but SpaSoak isn’t close enough to the airport for it to be relevant and a Sidebar is called.
SIDEBAR
Corrine doesn’t recall the weather in 2013.
Corrine is handed airport weather reports but it doesn’t refresh her memory.
No further questions from plaintiff.
No further questions from defense.
Judge briefly forgets about the other defense, but they also have no questions.
End of evidence.
The judge was in high spirits as she explained to the jury that they will hear closing arguments tomorrow and begin deliberation.
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