TAMPA BAY - After last week ended in high drama, the shock jock civil defamation case between Todd 'MJ' Schnitt and Bubba the Love Sponge Clem picked up where it left off with another call for a mistrial.
This time, the call came from Bubba's legal team. Greg Hearing would tell the judge the case had received too much media attention, national and local, after last week's outburst from MJ attorney Jonathan Ellis.
Ellis accused the Diaco firm, who is representing Bubba, of setting up MJ attorney Phil Campbell for a DUI arrest.
Hearing proposed in court that the media attention made it impossible for Bubba to receive a fair trial now.
MJ attorney Ellis would counter himself, explaining that publicity is exactly what Bubba wanted when he talked about Phil Campbell's arrest last week, saying, "If there was anyone who put this issue into the media and started this rolling it was Mr Clem's show."
Circuit Judge James Arnold would dismiss the call for a mistrial from the Bubba camp, but has still not made a final decision on last Friday's request for a mistrial from the MJ camp, surrounding the DUI and the issue of Phil Campbell's briefcase being in the procession of the Diaco firm for a period of time during that incident.
So the court case moved on yesterday, with MJ's legal team resting their case, and then Bubba's team immediately calling for a directed verdict, and for the defamation counts to be thrown out.
Judge Arnold would only toss 5 of the counts, surrounding Bubba's on-air comments referring to MJ as a snitch, a fraud, and a fake.
Once that was done, the jury was called back into the courtroom for the first time since last Wednesday.
Bubba's legal team would then move forward with their defense by going on offense. They would call a former producer of the MJ Morning Show, who now works for Bubba and play a song while he was on the stand.
The song, called "Chloe's Dad", apparently produced by the MJ Morning Show, questions if Todd Schnitt is really the father of his child, with one of the lines being, "Maybe he's not your dad. Maybe your mom fooled around."
Bubba's defense team has always maintained that when he referred to MJ's wife, Michelle Schnitt, as a whore, he never meant it literally and that it was all part of the show, just like the parody song produced by the MJ show that suggests she, Michelle, fooled around. It is all just theater of the mind.
The civil case will pick up again today, and just a reminder, if you want to watch this case as it plays out in court, we are streaming it uncut online at the link below