Schnitt vs. Bubba: MJ's attorneys want judge to declare mistrial, claim Campbell's DUI was setup

TAMPA - The defamation trial involving Bay Area shock jocks, Todd "MJ" Schnitt and "Bubba the Love Sponge" Clem, picks up again Monday morning and we're hearing this case could be thrown out of court.

It all stems from the weird turn this case took last week when MJ's attorney got arrested for DUI.

If MJ's attorneys get their way, this entire thing could have been going on for almost no reason.

They claim the entire DUI arrest was a setup and say forget it -- they're done with this lawsuit.

MJ's attorney says the DUI arrest of their lead attorney Philip Campbell has tainted the jury and wants the judge to declare the lawsuit as a mistrial.

Just the amount of publicity over the DUI arrest is enough for the jury to be tainted according them.

The judge could make that decision as early as today and jurors might have to be interviewed to see if they've heard anything that could sway their decision.

But on top off all of that -- MJ's attorney say the arrest was a setup.

They said Campbell was drinking with a paralegal from bubba's team and then she asked him to drive her car -- and accuse someone from Bubba's law firm calling the cops.

Legal analyst Joe Episcopo calls some of this unprecedented.

"This is the kind of thing that you think about. You read law on. You may even consult with other lawyers and other judges, not associated with the case of course," Episcopo said.

Also complicating things -- Bubba's paralegal says she found Campbell’s briefcase in her car with confidential documents -- further tainting the case.

The trial resumes at 9:00 a.m. Monday.