UPDATE: Judge James Arnold is reserving his ruling for a mistrial in the shock jock defamation lawsuit, and that proceedings will continue as planned on Monday morning.
Tampa, Florida -- The judge for the "shock jock" defamation lawsuit is allowing the trial to continue after lawyers argued Friday morning for a mistrial, due to one of the case's attorneys being arrested for DUI.
Charles Philip Campbell Jr. - who is the lawyer for Todd "MJ" Schnitt - was pulled over on Wednesday after Tampa police said he violated another driver's right of way. He refused to perform field sobriety exercises or have his blood alcohol level taken.
READ:Campbell's arrest report (PDF)
On Friday, other attorneys for Schnitt demanded a mistrial when they learned that Campbell's brief case had fallen into the hands of Bubba the Love Sponge Clem's lawyers.
They claim that Melissa Personius, who works as an assistant for Clem's legal team at the Diaco law firm, had been with Campbell at the time of his arrest, and held on to Campbell's brief case when he was taken into custody.
Schnitt's legal team argued that Personius, who herself has previously been arrested for DUI, didn't tell him she worked for Clem's lawyers. They allege she then set him up by calling police after drinking with Campbell and then asking him to move her car.
Clem's lawyers denied there was any sort of set up, and that they did not open or look at any notes that may have been in the brief case. They also noted that no one forced Campbell to drink and drive.
After a private meeting in the judge's chambers, the trial was allowed to continue.
Schnitt is suing Clem for making "false, highly offensive and defamatory statements" about him and his wife, Michelle. Clem's legal team argue that the radio personality and his wife are both fair game for any taunting, because they are public figures.
With the trial back under way, Michelle Schnitt was the first person to be called to the witness stand Friday morning, fielding questions from Campbell himself.
Personius takes the stand
After Michelle Schnitt's testimony, the judge dismissed the jury for the weekend, but the day's proceedings were far from over.
After a lunch break, lawyers from both sides met again, this time to discuss the events surrounding Campbell's arrest.
Melissa Personius, the woman who was with Campbell on the night of his arrest, took the stand, but did not give straightforward answers, several times invoking the 5th Amendment.
When asked point blank if her bosses at the Diaco law firm had sent her to spend time with Campbell, she again pleaded the 5th.
After Personius, it was Bubba's attorney, Stephen Diaco's turn to take the stand. When asked if Diaco instructed someone from his law firm to call the police on Campbell, his response: "I do not recall."
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