The Diddy Trial: “Return Him to His Family" - podcast episode cover

The Diddy Trial: “Return Him to His Family"

Jun 27, 202523 min
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Episode description

The defense wrapped its four-hour closing arguments this afternoon.  It was their final attempt to sway the jury to find Diddy innocent of the five charges he is facing that, if convicted, could send him to prison for the rest of his life.  Defense attorney Marc Agnifilo told jurors it takes courage to acquit and asked them to summon that courage, to do the right thing.

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Transcript

Speaker 1

Hey, that folks. It is Friday, June twenty seventh, and closing arguments are done in the Diddy trial. Both sides have said all they can say, and they've made their cases to the jury and it is now up to them to decide the fate of Sean Diddy Combs. And with that, welcome to this second did He update of the day here on Amy and TJ and Romes. It's been a long, long day in court usually throughout the

case they've been going usually till three o'clock. Yeah, they went well passed a couple hours past till five plus, and they've been listening to a lot of lawyer's talk.

Speaker 2

Yes and telling them completely opposite things. Disregard this, think about that. They've seen a lot of show voting, gesticulating, and some very interesting common sense arguments, and then a lot of stuff. I think many of the jurors might have been internally rolling their eyes out, But we can get into all of that.

Speaker 1

But Mark Agnifhilo, the lead attorney for did He, started the day off this morning and he went for about four hours. They were saying, robes, I guess that's where I guess lawyers are like Baptist preachers when they say this ain't gonna take long, you just assume it's going to take longer. Number of times have been in church and they say, hey, I'm wrapping up. That's when we know to get settled in. So they said three hours, and they did not stick to that time limit.

Speaker 2

Yes, over four hours, but that actually pales in comparison to the prosecution's closing arguments yesterday, when they went over five hours or almost five hours, i should say. And after the jurors sat through Mark Agniphilo's four hour plus closing arguments, then Marine Komi came back for the prosecution and spent about ninety minutes for a rebuttal. So this

was an exceptionally long day for the jury. So the judge before they even went back after the break, let everyone know that he was saving his instructions for the jury to Monday. So the jury officially will not begin their deliberations until Monday, so they have the whole weekend.

Speaker 3

To process what they heard.

Speaker 2

I don't know if that's a good thing or a bad thing. They're not supposed to talk to anybody about what they've seen, heard witness, what they're thinking, what they're feeling they.

Speaker 1

Could use the break, just the rest. It's good to reset. It has been a long week for them, a very trying week. I mean, it's telling me seven weeks for them eight weeks.

Speaker 2

Wait goodness, and it could be an even longer week next week. But I'm sure they're all getting ready for that fourth of July holiday a week from today, so they have motivation to come back with some sort of verdict, some sort of answer by the end of next week.

Speaker 1

They and kind of we don't know how long the jury instructions are going to take. So on Monday it could take half the day. It could take one hour, two three, so they might not get going into a lunch or after, so you've maybe got a half day now, he said, it's going to be up to them. I've seen jury sometimes say we want more time and go into the nights, or are they going to end every

day at three, four, five? And you talk about as well, some of them have personal lives and some things they might want to get out for, and there are the things they need to do they're going to be able to determine. So we don't know how many hours they're going to get each day. But we know they got four days next week.

Speaker 2

Maybe three and a half, like you're pointing out, because of the juror, the judges instructions to the juror for deliberations, so they may only have three and a half days. For sure, Court is out of session on the fourth of July. If they need that day, that day will be I guess spent with family enough to come back the following week. We'll have to see. That's all TBD, you know.

Speaker 1

And there is so much for them to consider. Rose the back and forth we we said it. I mean, every time we hear one side, we go, wow, that's a slam dunk, and then we hear the other side and go wow, they just shot down everything that the back and forth. We kind of saw these volleys go back and forth and they kind of went tit for tat. But we'll finish out. We gave you the in our part one of the day. We told you what Mark Agnaphilo, the lead attorney for Diddy, said in his first half

of his closing arguments. But he picked up and he spent a lot of time robes going after or at least trying to discredit I should say, Cassie been to a fine.

Speaker 2

He certainly did, and in that he was also talking about just this is a little bit of a tough point, just because obviously the jurors saw Cassie, they listened to her, they watched her demeanor. She was eight and a half months pregnant. And so his big point was that that surveillance video that was shown at nauseum during the trial, he claims that was not a situation where she was trying to get away from Ditty from a freak off.

She didn't want to be in a freak off and he coerced her to come back.

Speaker 3

No, he said, this was an argu or a quarrel. I believe he put it that way over a cell phone.

Speaker 2

And so he was offering an alternate explanation that didn't involve coercion to actually perform during freak OSTs, but instead it was just a lover's quarrel over a cell phone.

Speaker 1

This is important because that's part of the reason of part of the ways they can make a sex traffic count. This particular incident they played the defense played a part of that surveillance video. However, it's not a part that you have seen in all likelihood it's not a part of any of the violence going on. It's a different angle in which they're just walking. You see her walking

down the hallway with a cell phone. Do you fast forward to when he actually assaulted her, But then he left her and he snatches something from her that was the cell phone, and they claim that's the evidence. That's evidence. She went back into the room, they say, for another almost four minutes, and said, Hey, that is not a scary place, right, So if it's not a scary place, where is the fear that she has to perform a sex act or she's going to be harmed? Yeah, is

the argument? Did the jury by that one? Because the rebuttal came that we're going to get into later that went after that very theory.

Speaker 3

Yes, exactly.

Speaker 2

So he said, the point is that room that Diddy was in that she was seemingly running from.

Speaker 3

Of course she was running from.

Speaker 2

She went right back to it after what we all saw in that surveillance video.

Speaker 3

And why would she do that if she was scared of him.

Speaker 1

I've never heard that point or anything about a different angle or that argument. I haven't heard it before.

Speaker 3

That's the first I've heard of that as well.

Speaker 2

And then he also went to talk about Jane and talked about that point where the prosecution said she got into a.

Speaker 3

Fight with him. Then she went into another.

Speaker 2

Room and the sex worker, the male escort, heard slapping and hitting and then he was telling her you have to go back and you have to perform well. They point out that Fence pointed out in their closing arguments that Jane started the fight, that she slammed Ditty's head onto that countertop first, and said that that was not the way the prosecution. It was very different than the way the prosecution presented it and the way Jane testified to look.

Speaker 1

It was a violent fight. It was at her house, as the one she went and hit outside of her home for two hours. It was that night with a terribly violent fight, and they they held onto this theory this was supposed to be another sex trafficking night because after she was beating up, they called a male escort over and she was told to perform.

Speaker 3

Yeah, put some ice on those bruises, and that was night.

Speaker 1

Put on what was the line? It was something so good off, like put on something nice or put on lingerie.

Speaker 3

I thought it wanted her to put on laingerie.

Speaker 2

While she was icing her injuries that he gave her and said, and now you're going to perform.

Speaker 1

So that night, as awful as it was, the way they are framing it now with the defense is she started the fight. She's not being trafficked. She's not being told you have to do this because or I'm threatening you with violence. No, she pounded his head onto a marble.

Speaker 2

Countertop because she was jealous over some young thing that Diddy was seeing on the side.

Speaker 1

And say they even went further on this night, saying this came out of nowhere, and even made the suggestion that this whole night was a setup, waiting for this because at this point he was allegations were out there, Cassie's lawsuit was out there.

Speaker 2

The other thing that was kind of shocking to me, and I think to you as weal tj because we talked about this, we heard Mark say to the jury, you guys know who her baby father is talking about Jane and kept alluding to personal information about Jane that has been kept confidential at trial for all of us, but.

Speaker 3

It's known to the juris.

Speaker 2

But it's almost like we were saying, he was suggesting that they go home this weekend and google it. And that point is obviously this person who is her baby daddy, who we won't say.

Speaker 3

Because obviously that would identify perhaps who she is.

Speaker 2

But he said, look, bottom line, Jane was there with him in Vegas and she was comfortable being in that sort of stratosphere or strata. So this is where she attended another freak off like sex party, and so she went there willingly with her baby daddy, who's also a well known person, and so this is herm Basically, that's what they were trying to imply. But it was a little shocking that he was being so specific in potentially identifying Jane in his closing arguments.

Speaker 1

I mean, nobody objected, nobody grout and hollered. I guess it was allowed, but it sounded very tabloid ish. It sounded very social media chatter like that he just kind of slid that in there. And to your point, it does sound like they are aware, right, the the jury is aware.

Speaker 2

I mean they see her, so, I mean, she's not obviously testifying under her actual name, but her face isn't obscure in any way.

Speaker 1

But what was the assignment it did? It seemed like an assignment. He planted something in their heads for some reason with that, why now we need a legal experts?

Speaker 2

Lots of doubt being cast the other thing. To me, there was something that Mark was trying to do or at least provide another explanation for freakoffs to the jury that didn't really pass.

Speaker 3

Pass the test for me.

Speaker 2

He really tried to tell the jurors, or bring this home to the jurors, that these freak offs weren't just about sex, that this was about hanging out, about eating food, listening to music. He brought up usher, He talked about Cassie eating watermelon, that this was just a good old time where sometimes sex happened.

Speaker 3

How'd you feel about that?

Speaker 1

I feel that you. I'm sorry, I love you, but I think you did a disservice. You should read that his oka read it line for line, and he puts together a beautiful It sounds like a party you'd like to go to, A.

Speaker 3

Beautifully tonight, a beautiful evening. He called it.

Speaker 1

Okay, you see the next the music's nice, the mood seems friendly and easy going, and everyone is smiling, they're laughing. Forget the sex part. There's a real genuine intimacy and just nice quality to these evenings.

Speaker 3

That's tough.

Speaker 2

That's tough after you heard both of these women tearfully talk about having to painfully continue to perform for hours on end, fueled with drugs, with ut eyes and.

Speaker 3

Yeast infections, no condoms.

Speaker 2

And then this is just a completely completely different explanation for what the videos were that we saw nice. He even said this, this is you're right, I did it. Mytilation was nowhere near as entertaining as his exact words. So these were his exact words from Mark Agniphillo. Looking at the videos you heard from Jane, there is a rapport.

Speaker 3

Everyone is smiling. It is a sex party.

Speaker 2

They are eating food, Cassie is eating watermelon. They are listening to music. The two escorts called to testify said there was a lot of talking and hanging out.

Speaker 1

Ohaps, it sounds like what that sounds like a beautiful evening.

Speaker 2

It sounds kind of laughable though, once you've all, I mean, these jurors have heard testify to something completely So that act like a lot of what he did, a lot of what he said actually was very effective. As we talked about in part one of what happened, earlier this morning. This he completely lost me as someone who is trying to keep my mind open, and I just it was kind of laughable.

Speaker 1

Okay, you agree, I okay, to your point, he didn't go too far too often. This was one that might have felt like a stretch. Now, even if everyone in that video was a completely willing participant, you still couldn't describe it as the beautiful thing that he described pasably.

Speaker 2

Yes, and look, the other thing the defense was arguing throughout the trial and tried to bring home again today in closing arguments was that these male escorts were invited to hotel nights or freak golfs, however you want to call them. They were paid for their time and their experience, not sex.

Speaker 1

Yeah, come on, escort that's what it means, right, escort. You escort me here, you escort me there, you keep me company.

Speaker 2

And yet the escorts described having sex with his girls while he masturbated. Yes, so I don't think it was about as we heard from the rebuttal scintillating conversation.

Speaker 1

It was an open contract. They didn't know what they were. Yes, that is a point that the defense attorney made several times today that no they were not paid for sex. He point. He made a point of one uh one evening they had somebody come by. He was rejected by Jane. I think it was she didn't like that guy, and they still paid him.

Speaker 3

An he lefts one time. One time sex didn't happen. So you can't hang your hat.

Speaker 2

On the one anomaly where they didn't have sex.

Speaker 1

Hey, I'm not the lawyer here. I'm just telling you what he said.

Speaker 3

But he lost me on that one, and the attorney.

Speaker 1

Did kind of this is laughable. She called it laughable to think they weren't there for sex.

Speaker 2

Yes, I do think that this was This was an interesting comment that that Mark Agnifilo said. He said, I don't think this is the only man in America making homemade porn.

Speaker 1

It's kind of not that's not simplifying, but also being dismissive of what did he is doing. He's being dismissive because so many other people do this. Why is on trial for it?

Speaker 3

Correct?

Speaker 1

Does that land? I don't know, but that was a way of kind of leveling the field. This is what a lot of men do.

Speaker 2

That was one of his better lines in this second half. But he again had so many other ones for me that I was like, Ooh, I think you've I think you've over overreached at this point.

Speaker 3

Just again my non legal opinion.

Speaker 1

All right, and stay with us here, folks, because when we come back, quick break here. When we come back, we're going to tell you what the Diddy's defense attorney, his lead attorney, Agnifillo, what he thought should be his final words to the jury. Also will tell you how the prosecution wrapped things up, and a big update to the schedule for the jury. All right, folks, welcome back.

As Mark Agnifilo closed, wrapped up his arguments, Robes, I thought the line was important when we talked about sex truck, was every single incident, every freak off considered sex trafficking? He asked the jury the question. The government said, they're not saying that every single hotel night was sex trafficking. Well, then, which ones were? And how is Sean Combe supposed to know the difference? If you just write that down and take that into the jury room with you, that's kind

of powerful. Which ones were, which ones weren't, which ones were? Was she coursed enough here? She was scared enough on this one?

Speaker 2

With that? Now, I was shocked when we heard the prosecutor the government acknowledged that, because on one hand, I get it, they're trying to say, hey, we're not saying every single night was sex trafficking, but there and they laid out the three, I believe, specific instances where they said it was. But that does open the door for what we just heard from Agnafillo that how I said this, how is did he supposed to know that this time they don't want to do it or this time it's not okay to do it.

Speaker 3

That that seems.

Speaker 2

A little gray and a little shaky in terms of what Ditty was supposed to know. If they're acknowledging, if the prosecution is acknowledging there were parties, freak offs, hotel nights where it wasn't sex trafficking, that is confusing to me. So it's fair to at least assume that it might be confusing to Ditty.

Speaker 3

So I get that, I do get that.

Speaker 1

I had a legal question I was about to ask. Then I said, you know what, We're going to go down a rabbit hole and need one of us as the actual answer. Yes, But the club Again, it's always important, always trying to find a powerful moment but these were the words Agnifilo chose to be the final ones.

Speaker 3

Yeah, and I think they were powerful.

Speaker 2

Here is what Mark Agnavillo in his final attempt to sway the jury to find Ditty innocent. He said this, you should feel bold, You should feel the courage that you will need to call this as you see it. And I am asking you to summon that courage and to do what needs to be done and to do the right thing. He sits there, innocent. Return him to his family who have been waiting for him.

Speaker 1

Wow. That line almost trying to embolden them. It seems like you have the power to Again, there seems to be a lot of calling on people's common sense. Yes, call it as you see it. Don't be afraid to call it as you see it. That's I don't know. He's a good con communicator. Whoever this guy.

Speaker 3

Is, he was excellent.

Speaker 2

And Yes, that was a very powerful final statement to the jury. And then Maureen Comy came up for the prosecution to conduct the rebuttal and it was interesting because there was a big difference from what we have heard or at least read from the courtroom reporters. Mariene Comy came off a little bit more boisterous, maybe even a little sarcastic.

Speaker 3

She was had a tone that didn't.

Speaker 2

Match necessarily agnifilo, but at least a little bit of what he was doing the show, voting the theatrics in the courtroom, and she went after his inexcusable behavior. She said, but she said again, it repeated this, and we heard this throughout the trial with Diddy. No was never an option. But I appreciated when she said about escorts not being paid for sex, but instead being paid for what their time.

Speaker 3

Yes, and their experience companionship. She said, this is companionship.

Speaker 2

This was probably one of my favorite lines I heard from prosecutors in the last two days. She said that notion that theory doesn't even pass the laugh test. Common sense tells you that he did not pay them for their scintillating conversation that landed.

Speaker 1

Common sense was more of a theme for the rebuttal than it was for the main closing. There was a lot of going through legal this and statutes and matching up with this count in that count. That was a lot of this ring comming, was a lot of come home, man, Yeah, give me a break, man, are you kidding? Me, man, that was a lot of that in her Uh, but.

Speaker 2

Agne Phillo was doing that as well, started off to prosecution, right, so she kind of took on that same tone and she got a little This.

Speaker 3

Is where she kind of got sarcastic.

Speaker 2

You were not sure this one landed as well when they were trying to make the argument that Diddy was not bringing a gun to go confront kid Cutty Cuddy, that Diddy was more of a handsome, fist guy. He would never bring a weapon to an argument.

Speaker 3

That's not how he rolled. And she took that and turned it around a bit.

Speaker 1

Yeah, and I she says, Agnefhillo said, Sean Combs was a hand and fist guy. Sure with his girlfriends. It almost sounds like it's supposed to be a but ump bump at the end, like it was just kind of a taking a shot at him. And I don't know how effective some of that stuff is. It just to looks like it was trying.

Speaker 2

Yeah, And so it was interesting because obviously the defense in its final arguments, was really trying to bring home the fact that yes on Dittycomb's domestically abused his girlfriends and they weren't shy about admitting that and then pointing out very specifically that he's not been charged with that, so that's not the issue. But then Marine Commey tried to take that and she told jurors being a domestic abuser is not a defense to sex trafficking.

Speaker 3

What did you think about that statement?

Speaker 1

Well, it's the one that might be at the heart of the case because the defense is saying the exact opposite that just because you are an abuser, it doesn't mean you're a sex trafficker, right, And just because the person you're view abusing is also involved in your sex fantasies, it doesn't mean you are a sex trafficker. So, yeah, that statement is at the heart of what these two are going after and what this jury is going to have to start starting on Monday.

Speaker 2

Yeah, and Marine Comy really wanted to bring this home to the jurors as well. She said the defense the entire trial and specifically definitely during these closing arguments, tried to blame Ditty's alleged victims and the government with his own choices, and so she was like, stop blaming the prosecution for going after Ditty or blaming Cassie or.

Speaker 3

Jane for going after Diddy.

Speaker 2

He has to be responsible for his choices, and she really wanted to bring that home. She said that Cassie and Jane weren't women out for vengeance. They weren't women who were out for money. Yes, Cassie was paid, Yes Jane has been staying in an apartment paid for by Ditty, but she said they had no other reason to be at this trial except for standing up for what is right. And so with that, the testimony, the closing arguments, it's all done, and so we have to wait until Monday

to see what happens next. But thank you for listening to us throughout this entire trial, talking about the testimony and listening to our thoughts on what was going on in that Lower Manhattan court room.

Speaker 3

Will continue to follow all of the proceedings. We hope you have a wonderful weekend.

Speaker 2

M

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