CM Punk & Colt Cabana v Dr Chris Amann Trial Day 5 Morning Notes

Photo Credit: Getty Images

Correction: These notes erroneously named Dr. Sampson as “Dr. Samson.” These notes have been edited to correct the error.

I was at the Cook County Courthouse for day 5 of the trial between Dr. Chris Amman, CM Punk & Colt Cabana. Here are the notes from the morning session.

Cross Examination of Phil Brooks (CM Punk)

  • Punk confirms discussing The Lump before podcast.
  • Punk has no clear memory of showing The Lump to Cabana.
  • Punk is reminded of his deposed answers, in which he said he showed The Lump to Cabana.
  • Punk confirms no one saw The Lump during the podcast recording
  • Punk confirms no photos of The Lump.
  • Punk confirms earliest The Lump may have appeared was fall 2013. Counsel: “Could it have been November?” Punk: “It could’ve been September.”
  • Punk confirms his deposed testimony
  • Punk confirms never measuring The Lump
  • Punk confirms being on WWE 2013 European Tour, and being treated by Dr. Sampson.
  • Amman’s attorney gets argumentative with Punk, when trying to narrow down the date of Punk first seeing The Lump.
  • Punk confirms complaints of rib pain, headaches, phlegm, etc. on European Tour.
  • Punk confirms never bringing up The Lump in November 2013.
  • Punk confirms not showing The Lump to Dr. Sampson in November 2013.
  • Punk confirms showing The Lump to Dr. Amman.
  • Punk confirms The Lump changed colors in December 2013.
  • Punk confirms The Lump was nickel-shaped in fall of 2013.
  • Punk refuses to confirm size of The Lump during visit with Amman.
  • Amman’s attorney starts using portions of Punk’s deposition but there is a fight over how much of the deposition counsel should use.
  • Punk confirms a baseball is bigger than a quarter.

In trying to get Punk to confirm his uses of the term “Doc” in the podcast, Amman’s attorney gets confused and has to reorient himself to his own evidence and line of questioning. It’s a slow and confusing moment. Amman’s attorney gets argumentative again.

  • Punk confirms Patrick Duffy is not a doctor.
  • Punk says that Duffy said definitely “Staph infection” during visit. When pressed on his “full blown staph” comment, Punk says “I don’t know the difference between a little bit of staph and a lot of staph.”
  • Punk cannot recall “Full Blown Staph” comment.
  • Punk cannot confirm measurement of The Lump. Counsel: “It’s a yes or no question.” Punk: “It’s not though.”
  • Punk cannot recall prescription of antibiotics from Amman.
  • Counsel debates the completeness of the podcasts quotes being used in questioning.
  • Punk confirms calling Patrick Duffy by the name “Patrick Bateman.”
  • Punk confirms declining getting a culture on The Lump.
  • Punk confirms that no doctor called The Lump “MRSA.”
  • Punk confirms believing MRSA and Staph are the same thing. “It’s all the same to me.”
  • Punk cannot confirm Duffy ever telling him The Lump would require hospitalization.
  • Punk confirms lying facedown for drainage procedure, and feeling discharge and fluid on neck and back.
  • Punk confirms Z-Pack texts to Zack Ryder, Curt Hawkins, etc. from Exhibit 21.
  • Punk confirms text in which he talks about Jericho asking about staph, “I feel like I’m playing chess with a pigeon.”
  • Punk confirms “Like a zit that was golfball size” text.
  • Punk confirms a golfball is smaller than a baseball.
  • Punk confirms he quit WWE before his second visit with Duffy.
  • Punk confirms asking for an excuse note from Duffy because “I know how petty they [WWE] are.”
  • Excuse form is shown, and reads “possible staph”
  • Punk confirms not questioning excuse note.
  • Punk confirms texting his sister Chez about The Lump.
  • Text from Punk to Mark Carrano: “Take me off all shows, I’m sick and have bruised ribs and concussion symptoms.”
  • Punk confirms never showing Vince McMahon or Mark Carrano The Lump.
  • Punk confirms “This Fucking Lump Hurts” conversation with AJ.
  • Punk says The Lump looked infected.
  • Punk confirms texting during Duffy visit.
  • Punk confirms cyst diagnosis.
  • Punk confirms clutching table in pain during Duffy drainage.
  • Texts between Amman and Punk are shown.
  • Punk confirms that Amman brought up bloodwork over Punk’s ill health.

10-15 minute break

  • Punk confirms blood work conversation.
  • Punk doesn’t recall getting a chest x-ray.
  • 12/2/2013- Punk gets chest x-ray.
  • Punk cannot recall taking augmentin.
  • Punk confirms getting antibiotics from Amman.
  • Punk confirms symptoms: coughing, lack of sleep, rib pain
  • Punk confirms not texting about The Lump.
  • Punk confirms telling Larry Heck, in a text message, that he was “physically fine,” despite The Lump and concussion.

At this point, Counsel uses Punk’s statements about wanting to be in the main event of Wrestlemania to suggest that Punk was determined to blow WWE executives away with his Rumble performance. Counsel: “You still wanted to blow WWE away [so you could headline Wrestlemania]” Punk: “I don’t know.

  • Punk confirms saying he’d finish the match during Royal Rumble
  • Punk confirms the “I almost feel bad” and “but fuck him” texts.
  • Punk confirms he was never diagnosed with Staph by a doctor.
  • Punk confirms tweeting about “shitting” himself on an episode of Smackdown, as it was a side effect of antibiotics.
  • Punk admits saying The Lump was “on [his] back,” because it sounded better than “on [his] butt”
  • Punk confirms never measuring The Lump with coins, sporting equipment or eggs.
  • Punk confirms varying description of The Lump’s size from a “person,” to a “planet.”
  • Punk confirms never signing a HIPPA release.

Testimony of April Mendez Brooks (AJ Lee)

  • AJ confirms having no knowledge of testimony or any aspects of the trial.
  • AJ confirms being married to CM Punk.
  • AJ confirms former WWE employment. Currently an author and mental health advocate.
  • AJ confirms that AJ Lee has nothing to do with the YouTube account AJUniverse.
  • AJ confirms beginning relationship with Punk in August 2013.
  • AJ confirms being present on European Tour and witnessing the symptoms that Punk listed earlier.
  • AJ confirms seeing The Lump multiple times. AJ said it was on the “left butt.”
  • AJ confirms seeing The Lump for the first time in August of 2013. She says it started “zit-sized.”
  • AJ noticed The Lump growing and changing shape.
  • AJ can’t remember date of 2014 Royal Rumble, but remembers The Lump being at its biggest at the Rumble.
  • AJ confirms taking no notes or pics of The Lump.
  • AJ confirms herself, Punk & bus driver on Punk’s bus before Rumble.
  • AJ confirms Punk dressing on bus.
  • AJ confirms that Punk never got a heat pack applied inside his shorts.
  • AJ saw Punk talking with Amman in trainer’s room. She pushed Punk to have the conversation. Amman said to wait until after the Rumble match.
  • AJ confirms the “this fucking lump hurts” text messages.
  • AJ confirms that Punk never stabbed or poked The Lump like he said in text messages.
  • AJ cannot confirm Punk’s feelings about doctors.
  • AJ confirms believing Patrick Duffy was a doctor.
  • AJ confirms making Duffy appt.
  • AJ didn’t know Punk would have the procedure.
  • AJ surprised that Amman didn’t see The Lump as a problem sooner.