Episode Transcript
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Speaker 1 (00:02):
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
(00:24):
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 (00:43):
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
(01:03):
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 (01:09):
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
(01:31):
know to get settled in. So they said three hours,
and they did not stick to that time limit.
Speaker 2 (01:37):
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
(01:58):
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 (02:19):
To process what they heard.
Speaker 2 (02:21):
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 (02:28):
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 (02:37):
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 (02:53):
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,
(03:13):
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 (03:25):
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 (03:45):
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
(04:06):
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 (04:20):
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
(04:42):
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 (04:58):
No, he said, this was an argu or a quarrel.
I believe he put it that way over a cell phone.
Speaker 2 (05:04):
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 (05:16):
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
(05:38):
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
(06:00):
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 (06:10):
Yes, exactly.
Speaker 2 (06:11):
So he said, the point is that room that Diddy
was in that she was seemingly running from.
Speaker 3 (06:18):
Of course she was running from.
Speaker 2 (06:20):
She went right back to it after what we all
saw in that surveillance video.
Speaker 3 (06:25):
And why would she do that if she was scared
of him.
Speaker 1 (06:28):
I've never heard that point or anything about a different
angle or that argument. I haven't heard it before.
Speaker 3 (06:33):
That's the first I've heard of that as well.
Speaker 2 (06:35):
And then he also went to talk about Jane and
talked about that point where the prosecution said she got
into a.
Speaker 3 (06:45):
Fight with him. Then she went into another.
Speaker 2 (06:48):
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
(07:10):
the way the prosecution. It was very different than the
way the prosecution presented it and the way Jane testified
to look.
Speaker 1 (07:15):
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 (07:34):
Yeah, put some ice on those bruises, and that was night.
Speaker 1 (07:37):
Put on what was the line? It was something so
good off, like put on something nice or put on lingerie.
Speaker 3 (07:42):
I thought it wanted her to put on laingerie.
Speaker 2 (07:44):
While she was icing her injuries that he gave her
and said, and now you're going to perform.
Speaker 1 (07:49):
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 (08:08):
Countertop because she was jealous over some young thing that
Diddy was seeing on the side.
Speaker 1 (08:13):
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 (08:26):
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
(08:47):
has been kept confidential at trial for all of us, but.
Speaker 3 (08:52):
It's known to the juris.
Speaker 2 (08:53):
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 (09:04):
Because obviously that would identify perhaps who she is.
Speaker 2 (09:07):
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
(09:27):
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 (09:41):
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 (10:01):
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 (10:07):
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 (10:19):
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 (10:32):
Pass the test for me.
Speaker 2 (10:34):
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 (10:53):
How'd you feel about that?
Speaker 1 (10:54):
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 (11:09):
Beautifully tonight, a beautiful evening. He called it.
Speaker 1 (11:11):
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 (11:28):
That's tough.
Speaker 2 (11:28):
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 (11:41):
Yeast infections, no condoms.
Speaker 2 (11:44):
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
(12:06):
at the videos you heard from Jane, there is a rapport.
Speaker 3 (12:10):
Everyone is smiling. It is a sex party.
Speaker 2 (12:13):
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 (12:23):
Ohaps, it sounds like what that sounds like a beautiful evening.
Speaker 2 (12:29):
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
(12:52):
to keep my mind open, and I just it was
kind of laughable.
Speaker 1 (12:58):
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 (13:19):
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 (13:38):
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 (13:45):
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 (13:56):
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
(14:17):
they still paid him.
Speaker 3 (14:18):
An he lefts one time. One time sex didn't happen.
So you can't hang your hat.
Speaker 2 (14:24):
On the one anomaly where they didn't have sex.
Speaker 1 (14:28):
Hey, I'm not the lawyer here. I'm just telling you
what he said.
Speaker 3 (14:31):
But he lost me on that one, and the attorney.
Speaker 1 (14:33):
Did kind of this is laughable. She called it laughable
to think they weren't there for sex.
Speaker 2 (14:36):
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 (14:50):
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 (15:01):
Correct?
Speaker 1 (15:01):
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 (15:08):
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 (15:17):
Just again my non legal opinion.
Speaker 1 (15:19):
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.
(15:49):
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,
(16:11):
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 (16:26):
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
(16:48):
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 (16:59):
That that seems.
Speaker 2 (17:00):
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 (17:21):
So I get that, I do get that.
Speaker 1 (17:24):
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 (17:40):
Yeah, and I think they were powerful.
Speaker 2 (17:41):
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
(18:05):
his family who have been waiting for him.
Speaker 1 (18:09):
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 (18:30):
Is, he was excellent.
Speaker 2 (18:31):
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
(18:53):
little sarcastic.
Speaker 3 (18:54):
She was had a tone that didn't.
Speaker 2 (18:56):
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.
(19:17):
But I appreciated when she said about escorts not being
paid for sex, but instead being paid for what their time.
Speaker 3 (19:25):
Yes, and their experience companionship. She said, this is companionship.
Speaker 2 (19:29):
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 (19:45):
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 (20:07):
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 (20:15):
Is where she kind of got sarcastic.
Speaker 2 (20:16):
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 (20:30):
That's not how he rolled. And she took that and
turned it around a bit.
Speaker 1 (20:35):
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 (20:51):
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
(21:11):
to take that and she told jurors being a domestic
abuser is not a defense to sex trafficking.
Speaker 3 (21:20):
What did you think about that statement?
Speaker 1 (21:22):
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,
(21:44):
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 (21:54):
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 (22:19):
Jane for going after Diddy.
Speaker 2 (22:22):
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.
(22:45):
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 (23:04):
Will continue to follow all of the proceedings. We hope
you have a wonderful weekend.
Speaker 2 (23:11):
M