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The request for the defamation trial involving Bay Area shock jocks, Todd "MJ" Schnitt and "Bubba the Love Sponge" Clem to be declared a mistrial has been denied.
The decision comes following a glitch in the trial after MJ’s attorney Philip Campbell was arrested for a DUI Wednesday night .
MJ's attorneys pushed for a mistrial over the weekend, while Bubba’s attorney formally asked that the judge declare the case a mistrial Monday morning due to the excessive coverage of Campbell’s DUI.
“Clem has to bare the risk …we believe that there is no way to have a fair trial. It is the number one story in this community and has now made national news. He can not get a fair trial,” an attorney from Clem’s camp said.
"This was done on purpose by the plaintiffs to declare a mistrial if they don’t like the verdict."
But MJ's attorneys claimed that Bubba benefited from the courtroom drama, using it as a topic on his shock jock radio program in Tampa.
"This began as a media circus when Mr. Clem decided to lead off his show with Mr. Campbell's arrest," MJ's attorney said.
MJ's attorneys requested a mistrial Friday and claimed the DUI was a conspiracy setup from Bubba's camp.
They claimed that the DUI arrest is enough for the jury to be tainted, considering the case’s prominence local and national media.
But the judge denied Bubba's attorney's motion shortly after 9:00 a.m. and testimony resumed shortly after 10:30 a.m.
Bubba’s attorney asked for the jury to be polled again.
Schnitt is suing Bubba for alleged defamatory statements against him and his wife Michelle.
The lawsuit states that Bubba implied Schnitt's wife, a former assistant state attorney, pushed for animal cruelty charges after Bubba killed a boar on a live broadcast.
Schnitt claims Clem encouraged his fans to antagonize him and he says this ruined his reputation. He is seeking more than $15,000 in damages.
Stay with ABC Action News for the latest developments in the trial.
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