Day 3 Of Punk/Cabana Vs Dr. Amann Libel Trial Notes

Day 3 of the libel trial of Dr Chris Amann against CM Punk and Colt Cabana has concluded.

Below are notes from day 3 of the trial, courtesy of Wrestlezone's Chris Hausman. 

• There are several large boxes of documents scattered around the room
• Cabana arrived the earliest, by almost an hour, wearing a nice suit and was very cordial
• Dr. Amann arrived about thirty minutes early and immediately took his place at the witness stand
• Punk was the last to arrive, looking to be in good shape for him upcoming UFC fight and wearing a blue suit
  • Punk also seemed tired and like his right eye might have been slightly red, possibly from training
• Punk and Cabana do not exchange any words before the trial begins for the day
• I (Hausman) was formally announced to the room as covering the trial for WrestleZone which got a smile from both Punk and Amann, maybe due to the novelty

• Amann’s lawyer begins to question him about how Punk’s podcast appearance with Cabana affected him
• Amann says that he has been “harrassed” and “ridiculed” by Punk fans on social media
• Screen shots are shown of various tweets and Instagram posts by Amann with fans making snide comments to him
  • Including one where a fan called him a “Z Pak Retard” on 12/15/14
• A 12/1/14 tweet from Marissa Payne is shown featuring a fan made sign on RAW that read “Can Someone Check My Staph Infection?”
• Amann says that he recalls the sign and the night of that RAW because it was right after the podcast
• Amann says the fan made sign made him “angry and embarrassed” as well as “humiliated
• Another tweet was shown from a fan calling Amann “#DrZPak”

• Amann describes how a Royal Rumble match works to the jury and lets them know that the winner is scripted and pre-determined
• Amann claims he did not know who was going to the win the match, who would be eliminated or anything like that
• Amann recalls that about 29-30 minutes into the match he came to Punk’s side while Punk was laying in the ring and Amann knelt on the ground outside the ring
  • Amann says that before he joined Punk he was sitting alongside Mark Yeaton (bell keeper), Timothy Gang (Audio Tech) and Justin “Roberts” Frazen (Ring Announcer)
  • Photographer John Giamondo first relayed to Amann that Punk wanted to talk to him
  • Amann asked Punk, “What’s happening? What’s going on?”
  • Punk responded, “I got rocked,” which Amann interpretted as meaning he had a head injury
  • Amann claims Punk told him he was rocked by “a clothesline from Kofi,” which leads to Amann describing a clothesline to the jury
  • Punk allegedly tells Amann that he was, “seeing zig zags and squiggly lines”
  • Amann claims to have informed Punk of a concussion and asked him to eliminate himself from the match to which Punk replied, according to Amann, “Nah, I am just going to collect myself and get back in the match”
  • Amann then approached Yeaton to ask him to inform “Gorilla” that Punk was concussed and needed to leave the ring
  • Amann describes “Gorilla” as the nerve center where the show is produced
  • Amann says that Punk was unwilling to listen to him
  • Amann didn’t have the same headset as Yeaton to talk to “Gorilla” in the back but did have an IFB so that he could hear Gorilla but not speak to them
  • Yeaton then told Gorilla that Punk was concussed and needed to leave the match
  • Amann heard Michael Hayes, the producer, give the order for Punk to roll out of the ring
  • Amann did not talk to Punk any further in the match
  • Amann did have a walkie talkie so that he could communicate with the EMTs and contacted Larry Heck the Athletic Trainer
  • Amann observed the refs several times try to relay the message to Punk over a 1-2 minute period
  • Punk began listening more intently that at any other point in the trial today
  • Michael Hayes then gave the order for Punk to “just eliminate himself” before sending Kane out to eliminate him
  • Punk never rolled out of the ring and Kane eliminated him

• Amann claims to have only prescribed antibiotics to Punk between 2012-2014 for a sinus infection
• A 1/16/14 medical report is reviewed where is says, “Phil says his shoulder has been bothering him since last Monday. No specific injury.”
  • Amann’s diagnosis was that he had shoulder pain and asked for a radiologist to check him out
  • Amann ordered x-rays with four views
  • Amann did not prescribe antibiotics at this time
• 12/17/13 meeting with Punk is revisted where Punk sustained an in-ring elbow injury, was treated with ice and anti-inflammatory but did not prescribe antibiotics
• Another medical report is reviewed where Amann says he evaluated Punk, without a shirt on, and did not notice a cyst on his back or buttocks
• Text exchanges between Amann and Punk are shared
  • 10/22/13- Punk made no reference to back lump and never brought up lump beyond this
  • 12/4/13- Punk reveals he is coughing like a maniac and his ribs hurt
  • Amann says any number of conditions could cause this and doesn’t recall doing anything at the time while he was awaiting lab results

• Amann states that Punk’s comments on Cabana’s podcast have not affected his job with WWE
• Amann again says he’s felt “humilated and embarrassed” since the podcast
• Following the Rumble match Amann says he saw Punk in the locker room, alone, here is the exchange Amann remembers:
  • Punk, “What was that bullshit?”
  • Amann, “I felt you had a concussion and needed out of the match.”
  • Punk, “Fu*k that”
  • Punk went on to describe symptoms including a bulging eye
• Several photos from the Rumble were shown of Punk’s back with no cyst or back bulge
• No further questions from Amann’s team and we go to break

• Cabana/Punk’s team begin cross examination
• Amann is asked about an e-mail to the “TR Team” which is an e-mail group consisting on the WWE Medical Director, Medical Assistant, Stacy Depolo, Medical Staff and Mark Carrano
  • In the email Amann prescribes antibiotics for pharyngitis
• Several e-mails are shown between Amann and fellow WWE doctor Michael Samson
  • Samson jokes in one e-mail that, “We’re talking to Punk about a medical dose pack but we have to let AJ think about it :)”
  • This was apparently a joke about how AJ Mendez, aka AJ Lee, who was Punk’s girlfriend at the time was sitting in on medical meetings
• A text exchange is shown between Amann and Punk where Punk complains of stiff ankles and sore ribs
  • Punk jokes about feeling, “lovely,”
• 11/5/13 e-mail from Amann to Samson is shown stating Punk feels nauseated and has a headache
• 11/14/13- DePolo to Amann e-mail has her telling Amann that Punk has been fatigued, nauseated and vomiting for days

• 11/15/13 e-mail from Samson to DePolo and Amann says that Samson had a long talk with Punk and Punk is reporting no energy, fatigue, appetite, mild diarrhea and headaches after wrestling for three days
  • Punk appeared to be working matches as normal
• 11/16/13 e-mail from Samson to TR Medical says that Punk is still reporting fatigue and headaches, especially after taking “bumps”
  • Amann describes “bumps” as any kind of fall with some contact
• 11/17/13 e-mail from Samson to DePolo and Amann says “Punk is the same”
• 11/18/13 e-mail from Samson to Amann and Amann responds saying that Punk is having some symptoms of fatigue but physically he is okay with him being physical
  • Amann then debates what the word “wrestle” means in the context of what “being physical” is in WWE and that it’s not always a “match”
• 11/19/13 e-mail from Samson to Amann says Punk is the same and that he is getting and MRI for his head and bloodwork done
  • Depression issues for Punk are also brought up but Amann notes they didn’t have a time or place to address them

• 11/21/13 e-mail from Samson to DePolo and Amann says Punk still has headaches and fatigue
• 11/27/13 e-mail from Samson to Amann says that Punk is suffering from lower back pain and rib contusion
• 12/1/13 e-mail from WWE trainer Larry Heck to Samson and Aman says Punk feels horrible and has been in bed for three days
• 12/2/13 text message from Punk to Amann (9:30 pm) “My head is killing me. Why do I have these headaches?”
  • Amann responds with lengthy text about explaining how they will reach a diagnosis
  • Punk requests antibiotics to which Amann says “Yes” and they go back and forth about where to meet up around Gorilla
  • Amann denies he was meeting Punk to give him antibiotics
• 12/4/13 text exchange:
  • Punk can’t sleep and he is coughing like a maniac and ribs are killing him
  • Amann asks him when his flight is and if they can talk
  • Punk says he can’t talk now and finds this all ridiculous before saying he wants to go to a hospital when he gets home
  • Amann claims he didn’t know what the problem was but wanted to help him figure it out

  • Then we broke for lunch