Wrestling

Notes From Day 6 Of CM Punk, Colt Cabana, Dr. Chris Amann Trial Including Closing Arguments

Day six of the trial is taking place at the Richard J. Daley Center in Chicago between Dr. Christopher Amann versus CM Punk and Colt Cabana. This morning and early afternoon, closing arguments were presented by the attorneys representing Dr. Christopher Amann, CM Punk and Colt Cabana. Here is what took place:

  • Arrived at 9 a.m. Central time and Punk and his wife, April Mendez-Brooks and their legal team were already present in the courtroom. Cabana’s attorney is present but the wrestler isn’t there. Amann and his legal team weren’t there at that time.
  • Cabana arrives at 9:07.
  • In a conversation with the person who types what’s going on during court, Punk’s attorney states that she hopes the case ends today.
  • At 9:10, Amann and his legal team enter.
  •  Mendez-Brooks appears to be jovial. Amann looks intense but in a good way. Punk is in a laid back mood.
  • All attorneys say they need to meet with the judge before trial resumes.
  • At 9:12, it is announced that juror Tenesha Stevens is late because she’s stuck on the train and hopes to be here in 15 minutes.
  • No interaction at all between Punk and Cabana.
  • Stevens arrives at 9:47.
  • Amann’s attorney says he will need an hour and ten minutes for his closing argument. Punk’s attorney says they will need the same time and Amann’s side is allowed a rebuttal.
  • Amann’s attorney begins.
  • Thank the jurors for their time and what they have sacrificed.
  • Says they have a burden of proof for defamation.
  • He says Punk made lying statements about Amann and Cabana published the podcast.
  • Punk knew the statements were false.
  • He said Amann suffered damage due to Punk’s comments.
  • Amann’s attorney says they have meet the burden of proof.
  • Starts talking about Dr. Patrick Duffy looking like Patrick Bateman. Punk laughed.
  • Said Duffy never diagnosed the lump as MRSA or a staph infection and coded it as a cyst.
  • Said the podcast was published to over three million people around the world.
  • Said that Duffy didn’t tell Punk the lump was the size of a baseball.
  • Reiterates Punk said he had a full-blown staph infection.
  • Attorney said he can’t figure out why Punk would need an excuse in his appointment with Duffy in March 2014 since he had quit WWE. Punk laughed and shook his head.
  • Told the jurors to use their common sense and their life experiences.
  • Said Punk stated on the stand and under direct examination that many of the statements made by Duffy weren’t true.
  • He brings out a quarter, a baseball and a golf ball in discussing what Punk said about the size of the lump.
  • Compares the size of a golf ball to a baseball, then a quarter to a baseball.
  • Punk, Cabana and Amann are intently listening.
  • Says the entire story Punk said on the podcast was created out of thin air.
  • Reiterates that MRSA/Staph infection wasn’t deadly and says it’s a made up reality and story to fit Punk’s narrative.
  • Attorney says Amann’s reputation was trashed.
  • Brings up Larry Heck in saying he pulled down Punk’s wrestling trunks to put heat packs on there and didn’t see a lump. Punk shakes his head.
  • Said Punk didn’t tell the other wrestlers about the lump so they could be careful with him inside the ring.
  • He questions why he only told Amann and Mendez-Brooks about the lump.
  • Doesn’t dispute there was a lump when Punk saw Duffy.
  • Reiterates again that Duffy said the lump wasn’t MRSA/Staph infection.
  • Denies that Punk said he was crying for help during the 2014 Royal Rumble.
  • Once again tells jury to use common sense and their life experiences.
  • Now the concussion issue gets brought up and says they are false in terms of Punk saying Amann said, “What do you want me to do? Tell somebody?”
  • Said Amann told Punk he had a concussion and went to timekeeper Mark Yeaton to tell management that Punk has a concussion and needs to be out of the match.
  • Brought up how Punk said on the podcast that he wanted dazzle management and their minds on the main event of Wrestlemania 30 and be put into the match.
  • Said Punk had a vendetta against Amann for ruining his moment at the Rumble.
  • Said in the real world that Punk’s statements make no sense.
  • Punk made defamatory statements that Amann would always give him Z-Packs regardless of symptoms.
  • He says everytime Amann goes to the ring, fans are chanting “Z-Pack”.
  • Asks a question to the jury whether the statement is reflective of the definition of defamation per se.
  • Jurors are starting to wander off.
  • Said the tweets made to Amann right after the podcast were meant as hateful and showed examples.
  • Says Amann’s reputation was severely damaged for Punk and Cabana’s conduct.
  • Amann suffered daily humiliation and his standing in the community suffered.
  • Said that Punk’s comments were retaliation to Amann.
  • The attorney says Cabana encouraged everyone to listen to the podcast. Goes on to say that Amann still gets harassed all the time on social media.
  • Again states Punk didn’t have a staph infection. Punk shakes his head again.
  • Said the injury to Amann’s reputation is real.
  • He said that Cabana didn’t contact anyone regarding whether what Punk said was the truth.
  • Said Punk and Cabana’s legal team have no facts and Amann deserves to compensated. Amann never had people screaming and ridiculing him until the podcast had aired.
  • He runs down all of Amann’s accomplishments.
  • Goes over again that Amann’s reputation has been damaged.
  • Says words hurt more than sticks and stones.
  • Once again states that Amann deserves to be compensated for what happened.
  • The attorney said Amann should be rewarded $1 for every tangible stream of the podcast.
  • Says 3.7 million people streamed the podcast. Cabana shakes his head no.
  • He says Amann should be awarded $3.989 million for defamation and around the same in punitive damages.
  • He thanks the jurors again for everything they have done after speaking for over 90 minutes.
  • A ten minute break.
  • Punk’s attorney begins her closing arguments.
  • She thanks the jurors on the behalf of her legal team and Punk.
  • Says there are three storylines to the case.
  • She goes over the Z-Pack situation in if they help for concussion symptoms and rib injuries.
  • She goes over the concussion symptoms chart on the screens made by Amann and Punk suffered from those symptoms.
  • Says Amann didn’t provide medical records for Punk’s injuries.
  • Says it isn’t common for people to get medicine in envelopes.
  • Starts going over text messages between Punk and Amann.
  • She starts raising her voice and getting emotional over HIPPA violations by Amann in discussing Punk’s health to other people without his consent.
  • Goes over the Rumble sequence in what Mark Carrano said in screaming to gorilla and Yeaton to get Amman to check on Punk.
  • Said after Amann and Punk talked, he went and sat in his chair and had no further conversation with Punk for the remainder of his time in the match.
  • Jury needs to focus on the talk in the corner between Punk and Amann.
  • She says there’s two versions of the story and no witnesses.
  • Says what does Corrine Sanders from SpaSoak have to gain from lying? She knows nothing about wrestling or Punk.
  • Back to Duffy. Says Duffy gave Punk antibiotics to treat MRSA and had symptoms of it.
  • Says Punk and Cabana would have to tell giant lies and concoct a seven month story from April 2014 to the time of the podcast.
  • She brings out Punk’s wrestling tights and explains there’s a speedo inside the trunks. Asks how could anyone see a lump since the trunks are so padded.
  • Questions Dr. Heck’s theory of seeing the lump when gave Punk a heat pack. She shows it went around the lower back.
  • Says Punk wasn’t trying to trick nobody in that Duffy was a doctor and is really a physicians assistant and he made an honest mistake.
  • Punk looks very intense.
  • Shows the MRSA chart Amann created on the screen.
  • Describes Amman’s life and how it was smooth sailing for him.
  • Says Amann didn’t just turn off his phone on the night the podcast came out. He kept searching his name in the search windows instead of spending Thanksgiving with his family.
  • She says where were Amann’s friends and family to support his argument and instead was making #ZPack jokes with friends in text messages.
  • Says Amann didn’t need medicine or go to therapy.
  • Jurors look more engaged now than when Amman’s attorney was making his argument.
  • Says Amann should go damages.
  • If he is awarded damages, it isn’t worth over $7 million.
  • Says jurors should check no liability for Punk.
  • Punk’s attorney rests in under an hour.
  • Cabana’s attorney begins.
  • He thanks the jurors for their time.
  • Says the podcast was about Punk’s time in WWE.
  • Cabana said nothing about Amann. He met him once about five years before the podcast.
  • Said that Cabana didn’t know if what Punk said is false. He saw the lump.
  • He said that Cabana had no idea Punk was talking about Amann.
  • Said Cabana told the fans of the podcast to send emails to him that he would ask Punk in a follow-up podcast. Amann said he didn’t accept invite due to HIPPA laws.
  • Goes back to Z-Pack conversation with Amann, who rolls his eyes.
  • Says that no one testified they harassed Amann from the podcast. Out of four million people, no one came.
  • Cabana’s attorney is done in under 15 minutes.
  • Amann’s attorney comes up for his rebuttal.
  • Promises to be short this time.
  • Says Punk and Cabana’s legal team didn’t produce nothing.
  • Says HIPPA isn’t the issue in this case and is a smokescreen.
  • Says why would Amann go on Cabana’s “garbage” podcast and respond.
  • He says Cabana distributed the podcast.
  • Says he knows the jurors will do the right thing.
  • He says everything Punk said about Duffy he walked away from on the stand.
  • He thanks the jurors and rests.
  • The judge gives the jurors their instructions and are sent off for deliberations.

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