The Diddy Trial: The Defense Calls…. - podcast episode cover

The Diddy Trial: The Defense Calls….

Jun 23, 202520 min
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Episode description

No one!  Diddy’s attorneys announced this morning they will not call any witnesses in their defense of Diddy.  Amy and T.J. discuss whether that’s brilliant or baffling as the jury continues to hear evidence from the prosecution’s final witness connecting the dots between texts, receipts and explicit videos.

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Transcript

Speaker 1

Hey, the Hopes.

Speaker 2

It is Monday, June twenty third. This is the seventh and now we're told the final week of testimony in the Didy trial. Welcome to this Didy Update episode of Amy and TJ. We've been keeping you updated throughout. It doesn't seem like roads. Now we have much longer to go. We got a better idea of the timeline of this trial, and your honor, the defense calls.

Speaker 3

No, no one right exactly. So that was the breaking news this morning. We were all waiting in anticipation for who the defense might call to the witness stand and how long they might go. We had heard it could take one or two days, so we didn't figure there'd be many people who would be testifying.

Speaker 4

But it turns out no one is going to be testifying.

Speaker 3

Yeah, the defense is said it will not call any witnesses to this stand, and that means one can assume or presume that they believe they have made their case. They have made their defense of Sean Ditty Combs in their cross examinations of the prosecution's witnesses.

Speaker 2

I'm still blown away by what they're saying they're going to do. So the witness is on the stand for the prosecution. Their final one, this Homeland Security agent. He is going to be up there until the end of the day, and they expect him to go ropes into tomorrow. The defense says they will then be done tomorrow. They're not even taking a full day to defend Diddy. That blows my mind.

Speaker 4

It's bold, It's really bold.

Speaker 3

It's super confident, and I can see how perhaps that would send a message to the jury because everyone expects someone at least to have one witness or a few witnesses to testify in your defense. The fact that they're not calling anyone actually could be a brilliant move in terms of what the jury was expecting, because they're thinking, well, hell, if they don't need to call anyone, they must have

proven their case. I mean, I can see how that would create a certain mindset in a jury because it is not I mean, it happens, It's not unprecedented by any means. I mean, this is something that happens quite often, but in a case this big, with the stakes so high, I mean, we all remember, Diddy is facing life in prison. This is not a couple of years, This isn't just

a few offenses. This is serious, significant stuff where his life is on the line, So to not call any witnesses is bold, and I you know, it could be brilliant. We'll only know after the jury renders it's verdict.

Speaker 2

Bold, brilliant, it could be the exact right move. Look, we are we've watched a bunch of trials, but we are not legal experts at all. These folks know what they're doing, is what I generally find. And if somebody like Diddy, who has his resources, he is he has the best lawyers with.

Speaker 4

Names like Garrigos and Shapiro his.

Speaker 2

I mean history makers in this country in a law of legal and celebrity cases. They know what they're doing, so they're making the right the best and you better sure believe did he signs off on this defense? And how this is going? But they said they're going to present a defense of just a few items of evidence and exhibits. I don't know how earth shattering those could be, but that's their defense. Here you go, here's our homework, and that's it.

Speaker 4

Yeah.

Speaker 3

I mean they did spend days cross examining the star witnesses, Cassie Ventura and Jane, so certainly they did. You could say spend. They spent days presenting their case through the cross examination of the prosecution's witness, and it may be that they don't even have a witness to call to refute any of the claims. And the people who know the people who were there to testify were the people that the prosecution already called. So who else would they

bring on the stand? I mean, people had wondered if KK would be coming up, if one of his bodyguards would be coming up. But many of them might feel like, who knows the reasoning behind it? But they made the choice not to bring anyone up to refute anything.

Speaker 4

They feel like they did their job.

Speaker 3

In showing and frankly, they did discredit quite a bit of what Jane had to say or even Cassie. When you at least it brings a question in the juror's mind when you hear them say I didn't want to do it, I was coerced to do it.

Speaker 4

I had a financial reason.

Speaker 3

Why I had to do it, And then you have text from them saying I can't wait to be with you, I can't wait to do some freaky stuff with you.

Speaker 4

It's hard, and that certainly casts doubt in terms of what the state are sorry. I always say the state. In terms of what the Feds are trying to prove.

Speaker 1

Do moments matter?

Speaker 2

Do moments stand out for a jury that could possibly sway them one way or another? And I say moments. It seems like the defense had more than the prosecution. The Perry Mason moment we will never forget. It seemed like they made more headway sometimes.

Speaker 1

Than the prosecution seems to have. Does that matter?

Speaker 2

You think if the margins are that slim, you're just talking about the psychology, it might get into their brains. They didn't present any witnesses, So in that same vein, is it possible that moments matter throughout the trials.

Speaker 1

Of the jury?

Speaker 4

Moments absolutely matter.

Speaker 3

The Perry Mason moment was pivotal, and there were several slightly less perhaps like explosive moments in that, but there were plenty of them. When they had witnesses go back and read texts that were omitted, and the texts actually showed a very different vein of motivation for why these women might have participated. It was incredibly damning, I believed,

to the prosecution's case. When the defense had some of these other texts read that frankly flew in the face of what we heard in testimony from these women.

Speaker 4

So it's this.

Speaker 3

Is you know what, and just the psychology of life.

Speaker 4

Isn't confidence so powerful?

Speaker 3

And by not calling any witnesses that is so confident, so confident?

Speaker 2

How did I forget you? I'm sitting here and I'm like, oh my goodness, I forgot I had this. I've reached out to a prosecutor.

Speaker 1

Friend of ours.

Speaker 2

Okay, That's all I say, just because that was my question. Why on guides Earth that please help me understand why the defense in the Ditty trial would not call any witnesses. The response and I quote because they think they have one already and they may have wow.

Speaker 4

Wow.

Speaker 3

You know, the prosecution has called thirty four witnesses to the stand and the final one is on the stand today. Trying to connect the dots summarizing these freak offs, going through explicit videos, going through the paid receipts that Diddy has had purchased plane tickets for some of these women and some of these male escorts to attend these parties.

Speaker 4

My question is, okay, so.

Speaker 3

He paid for these folks to participate in these freak offs around the country, so crossing state lines. But if they went there willingly, if they weren't coerced, if you can even call into question that they may have wanted to do it at the time and regretted it later, any seat of doubt about any of that throws the prosecution's argument out the window, because they need the jury to believe that these women and maybe even these escorts didn't really want to be there and felt they had to.

Speaker 1

What is the charge again, I have to look at these house in here.

Speaker 4

I've got it.

Speaker 3

Yeah, he's pleaded not guilty to racketeering conspiracy.

Speaker 1

That's the big one. He could get life for that one.

Speaker 3

Correct, two counts of sex trafficking by force, sex trap that's what it is, by force. And the interesting thing about that is the in fact what they were going over today and on Friday with this home security agent. He was actually going through the text messages of Cassie and Jane where they at first told KK, his chief of staff, I don't want to go.

Speaker 4

He's just using me.

Speaker 3

I don't want to be there, But then after talking to Diddy, they decided to come.

Speaker 4

They made the choice to come.

Speaker 3

So I'm just confused how that would be force, two counts of sex trafficking by force, then fraud or oh sorry I skipped it, two counts of sex trafficking by force, fraud or coercion.

Speaker 1

Now one of those do carry a fifteen year.

Speaker 3

Minimum, Okay, so force, fraud or coercion. And then he's also facing two counts of transportation to engage in prostitution.

Speaker 2

And those are only those are a maximum of ten years, So I guess that would be the lesser charge it he gets convicted of that, But how is he not for prostitution? To engage in prostitution? So they have evidence that he paid to have a male escort come to.

Speaker 1

New York for a freak off?

Speaker 3

Is that that seems like that's a done deal to me? The two counts of transportation to engage in prostitution, just from my non legal mind and what I've witnessed and what I've read, it seems like they kind of nailed that one. They have the receipts, they have the proof, they have the videos, and clearly the male escorcords who were engaged in sex that you could clearly see on the videotape were clearly paid. So and many times yes, they crossed state lines.

Speaker 2

So what was the name of the one the escort website.

Speaker 4

Wait, oh, it was Cowboys for Angels Aloys eight or Angels.

Speaker 3

For Cowboys, Cowboys for Angel Voice Rangel.

Speaker 2

So that company came out in testimony today the same day that he was such a long term customer that he wanted a discount, that he was upset with him for raising their rates, and they have the communication between him and the Cowboys for Angels agency. His line is stop raising my rate. I am a long timer. They have that from him two Cowboys for Angel Cowboys for Angels.

Speaker 3

Technically, I imagine to be a legal business would have to just say, hey, these are just escorts.

Speaker 4

These are just people.

Speaker 3

Who were there for your pleasure, not for sexual pleasure, but just to be there and to accompany you and wherever you want to go and whatever you want to do. But clearly they're not acknowledging that this is for sex. But clearly we have the videos that show that is in fact what happens.

Speaker 2

Okay, speaking of the legal part of that, So what if all he was doing was hiring an escort to come to New York and be and escort to escort him or someone else around and lo and behold, sex ended up happening.

Speaker 1

Is that a legal argument?

Speaker 4

I think it could be.

Speaker 3

Geez, now that you just said that, I thought maybe that is possible, because they could say the escort decided, after hanging out for a while that just, you know, because he liked everybody, he just wow, maybe he was horny, Maybe he just wanted to have sex, but the payment was specifically for companionship, not for sex.

Speaker 1

You know what.

Speaker 3

Possibly that just was a light bulb that went off in your head. And then yes, I concur that does sound reasonable in terms of a legal explanation to get around the actual charge.

Speaker 4

I think, look, we're not gonna get a witness now for.

Speaker 3

The defense, but we will hear from the defense attorneys, and we will hear. We now know closing arguments are scheduled for Thursday. Correct, And so this case, this seven week long case, with thirty four witnesses and lots of graphic videos and a tremendous amount of jaw dropping testimony, is all going to be in the hands of the jury as early as Thursday afternoon, perhaps.

Speaker 2

Even again, they have a conference on Wednesday. The judge says, for the attorneys and the judge to go over the jury instructions. I have been a part in seeing jury instructions.

Speaker 1

That go half a day.

Speaker 4

Yeah, that's true.

Speaker 2

It does, it goes, it takes a while, so.

Speaker 3

And in this case, probably definitely going to take a very long time. I have you know, we have as much as we can sitting in our apartment monitoring everything. Still I would need to be redirected and shown what is what and what means this and what's the level of proof.

Speaker 4

I mean, I it's mind blowing. You're right.

Speaker 3

The judge could have instructions for half a day, and I don't know the defense and the prosecution, who knows how long they'll take.

Speaker 2

Yeah, they read though, Yeah, they make sure they read every single line of the instructions. It's almost a manual you get when you buy a new appliance and he's reading through and you're trying to follow what all this stuff means. Now, I have never robes And tell me if you have been a part of jury instructions.

Speaker 1

That were quick.

Speaker 4

No, I have not.

Speaker 1

No, it's never a quick process.

Speaker 4

The jury.

Speaker 3

The truth is well, most of the trials, I would imagine all of the trials. I know that I have actually personal personally witnessed have been for murder. So people's lives are on the line, and they want to make sure that all the t'ser crossed, all the eyes are dotted. They want to make sure the jury knows exactly what they have to do and what.

Speaker 4

The burden of proof is.

Speaker 3

That that is the gray area, what is reasonable doubt.

Speaker 2

And there's gonna be some fighting in between the attorneys about the language that goes. They always are so so particular about what types of language, type of language can go into those things. Because after that that the defense all the attorneys have no more say.

Speaker 1

Nobody can do anything. It's over.

Speaker 2

You can't make any other case once they go into that jury room. So this is their last chance to have some kind of.

Speaker 1

An influence on the jury.

Speaker 2

The closing arguments, is it who goes first?

Speaker 1

I can't remember? Is it prosecution again?

Speaker 4

I think? See, I think I thought the defense had the last word. I need to look this option?

Speaker 3

Did?

Speaker 1

I cannot?

Speaker 3

You know what?

Speaker 1

This is embarrassing?

Speaker 4

One of us is correct.

Speaker 2

We should know why because I used to remember thinking that it wasn't fair that whoever went last got to go last.

Speaker 4

Of course, that's like everyone would want to go last in this sason.

Speaker 1

I thought the prosecution got to go last.

Speaker 4

That's she's I'm looking this up right now.

Speaker 3

But in terms of the jury, we ended up only losing one juror through we thought at one point we might lose three jurors, but we only ended up losing one juror.

Speaker 4

And the alternates are still there.

Speaker 3

But that's kind of moot, now, right do they get to participate in the actual jury deliberations or be a part of it if something were to happen?

Speaker 1

You know what, I actually don't know that. Why are you over there Google and stuff? Look that up?

Speaker 2

To do alternates need to be in the deliberating room? So I guess it's possible they could start deliberating and something happens with a juror.

Speaker 1

Isn't that possible? Did you get the answer?

Speaker 3

I got the answer for the court cases, and you're always right? Why do I even try to pretend like I might have something that is correct over you? All?

Speaker 4

Right?

Speaker 3

In court cases, the party with the burden of proof generally gets the last word. This is usually the prosecution in criminal cases and the plaintiff in civil cases. They get the opportunity for a closing argument or rebuttal after the opposing side has presented its case.

Speaker 1

And I always thought that was unfair. My life was on the line. I should get the last word always, That's why I remember it. I thought that was wild. But yeah, so the prosecution will get the last word before they all get to go in. I am reading something here. I know you. Did you find it already?

Speaker 3

Yes? Okay, Well about alternature Yes, so there were six alternate jurors. I think we're down to five alternate jurors because one of the alternate jurors became actually a member of the jury, so no. Alternate jurors Generally do not participate in jury deliberations unless a regular juror is unable

to continue serving. If an alternate juror replaces a regular juror during deliberations, the court will then instruct the jury to begin deliberations unnew So if anything happens during the actual deliberation and some juror has to leave, they can actually appoint an alternate to come step in, but then they have to start all over again. So let's hope that doesn't happen. But I'm so happy we were able

to answer our own questions in this podcast. I'm so sure everybody was on the edge of their seats waiting for the answer, or they're like, I already know that, dummy.

Speaker 2

Everybody was waiting on the edge of the seat. You know that is I only bring it up and it shouldn't be a big deal. But the jury has been a little weird. Been some wonky stuff going on with this jury at times, and some questions. One got kicked off, one was about to get kicked off, and of them got sick. It's just some stuff. One of them was nodding it, and a.

Speaker 4

Black jur was replaced by a white jur. So you know, there are all from Westchester, from the Bronx to.

Speaker 2

Westchester, and so it's so that's why I just hold my brether when it comes to this particular jury. But I just can't believe this is it when I heard they were only going to when they said there the prose consecution is going to rest on Tuesday.

Speaker 1

The defense is going to rest on Tuesday.

Speaker 4

That's wild again, bold and possibly brilliant.

Speaker 2

The best in the business are defending him, so they know what they're doing. He's not going to get a better defense than this, or a better strategy. I turn on a TV somewhere today and you'll have somebody criticizing this, says ah, some legal expert.

Speaker 1

Doing this, and that some legal analysts, da da da da.

Speaker 2

And you know what, when he is found not guilty on something, they'll come back on and what will be their excuse then.

Speaker 3

Well, you know, perhaps they knew more than we did, or they believed something that we didn't realize.

Speaker 4

Who knows, but it will be fascinating.

Speaker 3

And you know, in a weird way, it's we've been so glued to every word, every bit of testimony to think that it's all coming to an end kind of feels strange and like, Okay, here it is. And I wonder what Diddy is feeling right now, if he feels confident, if he's you know, all of the folks or all of the reporters in the courtroom have reported on him being actively involved, leaning forward, watching the monitor, reading like they get a testimony they have the words of.

Speaker 4

So he doesn't miss anything. I mean, he has been very, very, very a huge part of this.

Speaker 3

And to your point, he obviously had to sign off on not calling any witnesses.

Speaker 2

Remember he has been in prison since last September. Wow, and he could potentially either walk out of there in the next week, you could even argue, or he's going to find out he's going to prison for a long, long time. We should have that answer soon. I even thought about the possibility of miss trials and hunger.

Speaker 4

Yeah, who knows that.

Speaker 3

I mean, there are there are a million different not a million, but there are several different outcomes that could take place here, including he gets convicted on a lesser charge and gets credit for time served and isn't in prison.

Speaker 4

For that long, or maybe he has already done his time. Who knows.

Speaker 3

But we will continue to watch everything that goes on in that Lower Manhattan courtroom and bring you the very latest and you know, the big bombshaw today. The defense is not calling any witnesses. The defense will rest the same.

Speaker 4

Day the prosecution does. So thank you so much for listening to us. Everyone.

Speaker 3

We'll keep the updated but in the meantime, hope you have a wonderful day today.

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