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Jurors at Hulk Hogan’s $100 million invasion-of-privacy suit against the website Gawker got their first glimpse of the secretly made sex tape at the heart of the case on Thursday — from a local Florida news report about Hogan’s suit.
A brief clip of the hidden-camera recording was played in court during cross-examination of University of Florida journalism professor Mike Foley, who appeared as a $350-an-hour expert witness for Hogan.
After testifying that he couldn’t imagine a “reputable news outlet” publishing video of the pro wrestling legend having sex with his best friend’s wife, Foley had to eat his words when confronted on cross-examination with a 2012 broadcast of Tampa’s ABC Action News.
The station’s report included several seconds of grainy, black-and-white footage that showed Hogan’s bare butt as he leaned over a canopy bed.
Foley admitted to Gawker lawyer Michael Sullivan that the trusted local news organization “went a bit over the line.”
During re-direct questioning by Hogan lawyer Charles Harder, Foley testified that the TV version of the sex tape was far less explicit than what Gawker posted.
“Did you see Mr. Bollea’s penis?” Harder asked, referencing Hogan’s real name, Terry Bollea.
“I did not,” Foley said.
“Did you see him engaged in sexual activity?” Harder asked.
“I did not,” Foley said.
Foley also agreed that the news report was an example of the video “being disseminated more widely” following its release by Gawker.


