Woman in Hulk Hogan Sex Tape Testifies in Gawker Trial

Heather Cole testified in a taped deposition that she did not know her then-husband was filming her sexual encounter with Hogan.
5:30 | 03/17/16

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Transcript for Woman in Hulk Hogan Sex Tape Testifies in Gawker Trial
hour a new turn in hulk hogan's $100 million legal fight with the website Gawker. Heather Cole, the woman seen having sex with the wrestler in the tape tearing up during her taped deposition testimony. Dan Abrams and Nancy grace are standing by to weigh in in just a moment but first ABC's Linzie Janis is in St. Petersburg, Florida, with the latest. Good morning, Linzie. Reporter: Good morning, robin. The defense playing over an hour's testimony from Cole and in it a bombshell. Hulk hogan wasn't the only one her husband recorded. In a taped deposition, heather Cole testifying she and hulk hogan whose real name is terry bollea did not know they were being filmed by her husband at the time, radio shock jock bubba clem. To the best of your knowledge Mr. Bollea had no idea that there was a camera in the room at the time of the sexual encounter, is that correct? Yes. Reporter: Cole saying she slept with hogan at the request of clem. You eventually had sexual relations with Mr. Bollea? Yes. Do you recall the number of encounters that you had with him? To the best of my knowledge I think three times that I remember. Reporter: Weeks later clem revealing he'd recorded one of their encounters. I do remember being very upset she said but she said they had an open relationship admitting he'd done it before. Were any of your sexual encounters with other men recorded during the time that you were married to bubba? Yes. Reporter: Also Wednesday the judge refusing to allow Gawker to call clem as a witness before the jury saying he had a credibility problem and citing his plan to plead the fifth. Instead, allowing the site's lawyers to read out their questions for clem for the court record. Mr. Clem's meeting with the FBI, including to confirm whether he told the FBI that he, Ms. Cole and plaintiff all knew plaintiff's sexual encounter with Ms. Cole was being recorded. Reporter: A reference to a 2012 FBI investigation related to the tape. Sealed by the judge. It's white noise. The whole purpose is to distract from why we're here. We're here to recover damages for what they did to Mr. Bollea. Reporter: And a dramatic moment when an appeal court ordered the judge to unseal a host of documents connected to this case including possibly that FBI report. We do expect closing arguments to begin today. George. Okay, Linzie, thanks. Let's talk about it with Dan Abrams and Nancy grace. Nancy, what did you make of heather's testimony? Pretty emotional but did seem to contradict hulk hogan in places. I can tell you this. I think she came across as sympathetic and kept going back to she was being embarrassed it was released and hurt by certain things that hulk hogan said in later interviews, even though she seems sympathetic and seemed genuine, it kind of defies logic that if she knew her husband was recording other sexual trysts with other men, what made hulk different? Why didn't she know about that? That is a problem for me. Pretty good point. Yeah, except the key to me in her testimony is how does it relate to hulk hogan, right? Because this is a case largely about damages. And she's saying, no, it's not true as hulk hogan claims that I was trying to pressure him into having sex, in fact, I was the one being pressured by my husband to do it. If this jury believes that hulk hogan is lying about how this happened, I think that could impact damages because I've said again and again if this jury doesn't like Gawker it could -- How about the decision of her ex-husband bubba to take the fifth? Well, that's a critical loss for Gawker. For Gawker, Gawker wants to be able to show, has been wanting to show that hulk hogan knew he was being recorded, because that would be critical when it comes to invasion of privacy if he knows he's being recorded it's different than being recorded without your knowledge. Bubba took the video and said on the radio at one point that hulk did know that he was being recorded then he said he didn't know. By him not testifying, Gawker doesn't get to cross-examine him, doesn't get to address that question. Agree with that, Nancy? Well, I do. In a sense but when somebody takes the fifth amendment you can't force them up on the stand. He's claiming and this is bubba the love sponge clem that if he testifies he could open himself up to incriminating himself and possible criminal charges, so he's not going to take the stand and I'll tell you this, every trial lawyer knows this, sometimes both sides, they want the person on the stand but that person is so volatile nobody will touch him with a ten-foot pole because you don't know what they're going to do on cross-examination and another thing that Dan Abrams just said, I agree with, and I've said from the get-go, they have to believe hulk hogan because if they decide they don't like hulk or they don't believe him his entire case is right down the toilet. Everything. Gawker wanted him to literally get up there and invoke his fifth amendment self-incrimination in front of the jury. The judge said she wouldn't force him to. Dan Abrams and Nancy grace, thanks very much.

This transcript has been automatically generated and may not be 100% accurate.

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