Bubba's Attorneys mistrial request denied - WFLA News Channel 8

Bubba's Attorneys mistrial request denied

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Before testimony could get underway Monday morning, attorneys for Bubba the Love Sponge Clem asked Judge James Arnold for a mistrial.

They fear the media scrutiny surrounding the case will keep Clem from getting a fair trial.

"These inflammatory allegations go to the core of the fairness of whether he can get a fair trial," said attorney Greg Hearing.

Hearing was referring to the drama that unfolded late last week, when Schnitt's attorney, Phil Campbell was arrested for DUI. Allegations then came out that Clem's attorneys had set him up.

"I'm told this morning, even on Good Morning America, they covered this story," said Hearing.

But Schnitt attorney, Jon Ellis, argued that Bubba brought this attention on himself. He said Clem announced the news of the DUI arrest on his radio show Thursday morning.

"You can't bring it to the attention of the media, and then at the same time, complain that the media picked up the story," Ellis said in court.

The judge denied the request for a mistrial. Clem's side then asked for a directed verdict, after which the judge did dismiss five counts of defamation against Clem. The jury will be allowed to decide the other counts.

Schnitt's team rested their case Monday morning.

Clem's side then called former ClearChannel CEO, Randy Michaels, to the stand. He testified that Clem's personality was bigger than life, but he never truly meant to cause harm to Schnitt.

"Bubba would try to make fun of MJ, and occasionally, MJ would take shots at Bubba," testified Michaels.

The judge has not ruled on a mistrial request lodged by Schnitt's attorneys on Friday.

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