Bad Rap: Who’s the Leak?

Podcast Information:

• Title: 20/20
• Host/Author: ABC News
• Description: Unforgettable true crime mysteries, exclusive newsmaker interviews, hard-hitting investigative reports, and in-depth coverage of high-profile stories. Listen throughout the week with the official 20/20 After Show, the True Crime Vault, and our spotlight of true crime originals.
• Episode: Bad Rap: Who’s the Leak?
• Release Date: June 20, 2025

Introduction

In the episode titled "Bad Rap: Who’s the Leak?", ABC News’ 20/20 delves into the intricate details of Sean Combs' (Diddy's) ongoing trial. Hosted by Brian Buckmire, an ABC News legal contributor and attorney, the episode features an exclusive interview with Donna Rituno, a prominent criminal defense attorney known for defending high-profile clients like Harvey Weinstein. This episode provides listeners with a comprehensive overview of the trial's current state, key legal arguments, and the potential implications of recent developments.

Court Proceedings Overview

Recent Developments in Court

Brian Buckmire begins by summarizing the latest events in the Sean Combs trial:

• Court Resumption: The court resumed on Friday after a two-day hiatus due to the Juneteenth holiday and a sick juror.

• Judge's Stern Warning: Judge Subramanian issued a strong warning about a leak involving non-public case information, specifically referencing a sealed conversation about a juror (04:50).

  "This is the only warning I will give." – Judge Subramanian (04:50)

• Potential Impact of the Leak: The leak pertains to communications between a juror and a former colleague regarding his jury service. The defense is requesting the removal of this juror, but the judge has yet to decide.

Presentation of Evidence

• Video Evidence: For the first time, the jury viewed actual video clips of alleged "freakoffs," supplementing the still photos previously seen. The public and press were not granted access to these videos.
• Defendant’s Behavior: During the video presentations, Sean Combs was observed looking towards the jury and appearing to nod to music audible through his headphones.
• Upcoming Testimonies: Brendan Paul, a former assistant, is set to testify under immunity about purchasing drugs for Combs.

Interview with Donna Rituno

Assessing the Prosecution's Case

Brian Buckmire introduces Donna Rituno, highlighting her experience in defending high-profile clients accused of sex crimes, including Harvey Weinstein. He seeks her insights into the prosecution's strategy against Sean Combs.

"I think jurors as a whole are very skeptical on racketeering." – Donna Rituno (05:09)

Rituno explains that racketeering charges are complex, traditionally aimed at organized crime, making them challenging to prove in cases involving a single defendant like Combs. She points out that while the prosecution is methodically presenting evidence through various witnesses, the overall strength of the racketeering charge remains questionable.

Defense Strategy: Emphasizing Consent

The defense is centralizing the concept of consent to counter allegations of sex trafficking and coercion. Rituno discusses how consent is being redefined in the courtroom:

"If you don't claim that all these things are consensual, then you're in a position where you're basically lying down and saying, he's guilty as charged." – Donna Rituno (10:25)

She argues that maintaining that all sexual encounters were consensual is the only viable defense strategy, as admitting to non-consensual acts would directly align with the prosecution's allegations.

Expert Testimonies and Their Implications

The prosecution has introduced forensic psychologists to explain phenomena like love bombing and trauma bonding to justify why victims remained in abusive relationships with Combs. Rituno criticizes this approach:

"It's an overreaching umbrella to say you can't hold actions after the fact against a quote unquote victim." – Donna Rituno (14:37)

She believes that such expert testimonies unfairly prejudice the jury by undermining the credibility of the victims and shifting blame onto them for staying in the relationship.

Credibility of Witnesses

When discussing the credibility of the alleged victims, Rituno asserts her belief in their honesty:

"I do think that they're credible. I think that they admitted the relationship. They admitted the nature of the relationship. So I do, I find them both credible." – Donna Rituno (16:39)

However, she also notes that being credible does not necessarily equate to being victims of sex trafficking, suggesting that the relationship dynamics are more nuanced.

Jury Composition and Its Impact

The demographics of the jury, particularly age, play a crucial role in the trial's outcome. Rituno offers insights into how the age distribution might influence perceptions of consent:

"Age plays a much bigger factor here. I think in this case, it will play more in Sean Combs favor to have an older jury, because I don't think they buy these concepts, that people continue to come back for more." – Donna Rituno (26:27)

She emphasizes that older jurors may be less inclined to accept the idea of ongoing consent within abusive relationships, potentially benefiting the defense.

Comparative Analysis with Harvey Weinstein Case

Drawing parallels to the Weinstein trial, Rituno discusses the possibility of a mixed verdict in Combs' case:

"I do not believe that he will be found guilty on all counts." – Donna Rituno (28:48)

She anticipates that, similar to Weinstein's trial, jurors may convict on some charges while acquitting on others, leading to a complex and potentially appeals-prone outcome.

Key Takeaways and Insights

• Racketeering Charges: The application of RICO in this context is seen as a double-edged sword, providing a structured framework for prosecution but also posing significant proof challenges.

• Consent Debate: Centralizing consent as a defense strategy highlights the evolving legal interpretations of consent in relationships complicated by allegations of abuse and coercion.

• Expert Testimonies: The use of psychological experts can sway jury opinions but also raise concerns about victim-blaming and the integrity of testimonies.

• Jury Demographics: The age and personal experiences of jurors significantly influence their interpretation of consent and relationship dynamics.

• Mixed Verdicts: High-profile cases with multiple charges risk segmented verdicts, complicating the legal resolve and post-trial appeals.

Conclusion

"Bad Rap: Who’s the Leak?" offers a nuanced exploration of the legal battle surrounding Sean Combs, providing listeners with expert legal perspectives and shedding light on the strategic maneuvers of both prosecution and defense. Donna Rituno's insights underscore the complexities of proving racketeering and consent in high-stakes cases, while also highlighting the profound impact of jury composition on trial outcomes. As the trial progresses, the interplay of evidence, expert testimony, and juror perceptions will continue to shape the trajectory of this high-profile legal saga.

Timestamp References:

• 04:50: Judge's stern warning about the leak.
• 05:09: Donna Rituno assesses the prosecution's racketeering case.
• 10:25: Rituno discusses the defense's emphasis on consent.
• 14:37: Critique of expert testimonies on trauma bonding.
• 16:39: Rituno speaks on the credibility of witnesses.
• 26:27: Impact of jury age on perceptions of consent.
• 28:48: Potential for a mixed verdict similar to Weinstein's trial.

Note: Timestamps are approximate and based on transcript excerpts.