delario seemed to contradict parts of gawker's defense, that the tape was news worthy and their decision to >> the fact that mr. bollea was taped having sex with his best friend's wife wasn't the news hook for your piece, was it? >> no, not necessarily. >> you put it in the public because you believed it was true and it was interesting, right? >> yes. >> and it didn't really matter whether or not it was a more bid and sensational prying and people's lives were at stake, that didn't matter to you, did it? >> no. >> reporter: the judge asking denton to respond to this final question from the jury. >> if the video was gratuitous would you still believe that it's covered under the first amendment? >> no, i wouldn't. >> nick saying that anything gratuitous isn't covered the by the first amendment, i think everyone understands our position. actually sounded like they were on our team. >> reporter: hogan getting caught in some alleged discrepancies too. >> heather wants to have sex with you, or heather wants to see the size of your [ bleep ]. it started out like that. then heather just started walking to this bedroom