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Deborah Roberts
This is Deborah Roberts. We've got a new show for you that I think you're really going to want to check out. It's called the Crime Scene Weekly from ABC News. Each week, host Brad Milkey, who you know from Start here, sits down with the journalists covering the latest true crime stories, from the discovery of grisly new crimes to breakthroughs in cases that are far from closed. You can stay up to speed on the latest true crime headlines. It's true crime in real time. And for the next few weeks, we're going to bring the Crime Scene Weekly to you here in the 2020 feed. If you like it, make sure to follow the show and keep listening. Again, it's the Crime Scene Weekly. Now here's Brad.
Brad Milke
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Torre
How are we splitting the bill?
Ryan Reynolds
Um, evenly.
Nora Richie
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Brian Buckmire
Let's Split it on PayPal based on what people ate.
Brad Milke
Get started.
Brian Buckmire
In the PayPal app, a PayPal account.
Brad Milke
Is required to send and receive money.
Brian Buckmire
The world knows him as Diddy. The courts know him as Sean Combs. Now his federal trial for racketeering and sex trafficking is right around the corner. Welcome to the Crime Scene. I'm Brad Milke. I host ABC's Daily News podcast. Start here. And every week we're bringing you the latest on what's big and what's new in the true crime space. This week I'm talking to attorney and ABC News legal contributor Brian Buckmire, who's host of the new podcast from ABC Audio called Bad Rap. The case Against Diddy, which traces Diddy's rise and how it all came crashing down. Brian, today is gonna walk us through everything we need to know about this trial that is really racing towards us now, including Diddy's claims of innocence and potential defense strategies. And a quick note. This episode will deal with sexual assault and other difficult subject matter. Hey, Brian.
Brad Milke
Hey, Brad.
Brian Buckmire
So thanks for being here. Top level Diddy is set to begin his federal trial in May. It's less than two weeks from now. He faces the possibility of spending the rest of his life behind bars. Before we even get into the specifics of that trial, I just want to talk about how big of a deal this is. This is, like, going to be the biggest criminal trial of the year. And Diddy is like an industry unto himself. So how did we get here? I guess.
Brad Milke
Yeah. So first, thanks for having me here. And I think you got to go back to when he started with uptown records with Mr. Harrell, and then Left to start Bad Boy Records, and he was the produce for Notorious B.I.G. and then he had his own kind of music that influenced as well and started with other rappers and creating careers.
Brian Buckmire
And we actually have a clip here that I want to play from your podcast. This is Bad Rap the case Against Diddy. And we're talking here about that time, sort of in the 90s, during that rise that you're describing. So the voice you're going to hear here is first, the journalist Torre. Along with Brian, There was a time.
Torre
When it was ubiquitous. His records. I remember multiple nights of being in a club. They're playing a string of Bad Boy records. You get in a cab to go to another club. The radio is playing Bad Boy Records in the cab. You get in the next club and they're playing Bad Boy. As soon as you walk in. It was just everywhere.
Brad Milke
And it wasn't just about the music. Bad Boy's artists had an era defining style, a look, baggy, bold, flashy clothes.
Torre
They were really smart in that they followed the Motown playbook. There's a charismatic CEO who creates the brand and creates the image. There's a brand image that links them all together and they're part of the culture.
Brian Buckmire
And Brian, I remember, like, when we're talking about Diddy's influence, that's the thing. Like, you had this whole Sean John empire. I'm thinking nowadays we have like the Gwyneth Paltrows and the Reese Witherspoons, these people that sort of evolved their performance brand into something much larger, like a whole industry. He was really at the forefront of all of that.
Brad Milke
I mean, not to be the lawyer here, but I would argue he wasn't at the forefront. He was the forefront. Right. And I have a brother and sister who are in their early 20s. And so when I talk to them about hip hop and rap, they're like, no, it was always a thing. That genre of music has always been popular. And I'm like, no, there was a time where you weren't supposed to listen to this music. It was underground. There was a time that it wasn't mainstream, that it wasn't cool. It was considered a fad, that it would come and go and be gone and the next day. And then all of a sudden you have this guy named Puffy. And I'm still getting used to calling him Diddy, but you have this guy named Puffy who's making it not only cool, but making it into an industry, not just through his music and his catalog of music and his artists, but also through getting into the liquor industry and getting into MTV. I mean, MTV was huge. Making the band 106 and park. His artists, like, they shaped our culture and our music in a massive way.
Brian Buckmire
And yet there are whispers of behavior that seem to start surfacing a while ago. So I guess walk us through that and how that all started becoming more public.
Brad Milke
So you can go through the small stuff, like the allegations of Sean Combs hitting his son's UCLA football coach with a kettlebell. Right. That kind of popped up and we touched more on about it in the podcast and then just kind of went away. You can talk about the City College stampede where he is accused of civilly not crim of overpacking this area. You heard whispers about keeping people's catalog of music and not giving it to them. And that's maybe more so on the business and criminal and civil side. But you also heard about Puffy. And I always find this astounding when people hear, why is his name Puffy? His name is Puffy because he supposedly had a temper and supposedly still does. And he would puff out his chest and get angry.
Brian Buckmire
I didn't even know that. Yeah, I just took it for granted.
Brad Milke
So even that, like the name that we've been calling him literally talks about his potential anger issues. And then now we're all like, oh, okay, that dot's been connected. It makes sense now. But it's always been there and glaring. But I think we look past it in light of. He was in many ways a representation of black excellence. He was in many ways a person who could take something that was very much of the culture of black and African American people and bring it to the forefront of being rich in culture, but also rich in the sense of how to take yourself from rags to riches to achieve that American dream. And I think everyone, regardless of social status, race, ethnicity, religion, looked at it and admired it.
Brian Buckmire
Yeah. To take something authentically yours and then take it mainstream. So then you talk about these sort of maybe red flags ish along the way. What changes? How does this become something much bigger?
Brad Milke
So I think the first major thing that changed those whispers would be the lawsuit from Cassie Ventura. Cassie Ventura, she's often referred to as Cassie just by the single name, as an artist and also a model and a long time, as we understood it, but are learning a little bit more, I think, through these lawsuits and these criminal case, a girlfriend of Sean Combs. But now we are hearing allegations that she was, in fact a victim of Sean Combs. This was, I think, like a 35 page complaint where Cassie did two things that I think were very interesting from a legal and also storytelling standpoint. She looked at her relationship with Sean Combs and was able to highlight things that we saw in the public eye, things that we saw her at the VMAs, and she said, you might not have seen it, but I was covering up bruises because I was assaulted two days before that. Right. You may have seen me where I had this record deal for 10 albums, which was massive, because when she came out with me and you, we were all over that. And that was a song that was not produced by Sean Cohen, but in fact, draw his attention to Cassie. And we thought she was gonna blow up, but there was never that blow up. There were no further albums that came out. And she alleged in that complaint that it was almost as if that deal was held over her head, that she had to commit to these sexual acts. She had to have sex with male sex workers in order to please Sean Combs, that she would be assaulted and transported to different states at his whim. And there was always this, you have to prove yourself. And again, the juxtaposition of us seeing it in interviews where she had talked to radio stations of saying, my album's coming out. I just have to prove myself to Bad Boy. And at the time, you thought about it as like, yeah, you gotta prove yourself to, like, show how great you are as an artist, and that's how you really make it in this industry. But now we're like, your boyfriend was Sean Combs. Like, what do you have to prove to him? You had an absolute banger in me and you. We know that you kind of flopped to some degree in the 106 and park live performance. But what's the missing piece? And I think for many people, Cassie's lawsuit provided that missing piece in the context of this is why this all happened. And here are the allegations she put forward.
Brian Buckmire
But he denied it. And then they settled really quickly after that.
Brad Milke
Like, really quickly by any standards. Literally here today, gone tomorrow. Because it was filed, I think, on a Thursday or Friday.
Brian Buckmire
And this is in 2023.
Brad Milke
In 2023, I think in November of 2023. And then the very next day, it was settled. And for people who don't follow a lot of civil lawsuits, we often, as a community or a public don't hear the details of the lawsuits. Who had admitted to what, what the dollar amount was, what was negotiated, what was argued, what agreements go on going forward. And so all we heard was from Sean Combs legal team. We have settled this amicably and there's no admission of guilt and that was it.
Brian Buckmire
Yet why did they settle so fast?
Brad Milke
The answer is we don't know. No one's ever going to know, in large part because likely a part of that negotiated settlement is that the parties do not discuss. But as a defense attorney and someone who also does a little bit of civil work, I can speculate, and this is absolute speculation, you don't want to go through the process of litigating this type of case. You don't want to have to sit down for depositions and potential evidence where Cassie is. Because it's one thing to read a 34 page complaint. It's another thing for Cassie to sit down for hours on end and be deposed. It's a very other thing for Sean Combs to be compelled to sit down and be deposed.
Brian Buckmire
Oh, and all the discovery that goes.
Brad Milke
With that, you do not want any of that. And when your brand is so attached to your livelihood, allegations like that against Sean Combs would destroy him. And so I think there's a different calculus for someone like him that says I pay the money, I make it go away and I try to just move on and cover this up.
Brian Buckmire
So, okay, so there's that lawsuit, explosive allegations, and yet it gets settled within a day. Combs denies everything and his lawyers even at that point said the settlement does not imply any wrongdoing whatsoever. But then you start seeing more of these civil lawsuits pile up. Right. This seems like a tipping point.
Brad Milke
Yeah. Just to give the full breadth and the full context, New York, along with California has created these laws that allow for a look back. Window is the best non legal way to describe it. Because for sexual assault and other sexual cases from a civil standpoint, there's what's called a statute of limitations. You cannot bring, typically allegations of sexual assaults, harassment, things of that nature, civilly if it's more than 10, 15, 20 years. But because of these lawsuits that have a window that closes, I think the window is open only for a year.
Brian Buckmire
Right. Because New York State specifically had this one time window, 2022, 2023, where people could file sexual abuse lawsuits even after the statute of limitations had expired, during which it sounds like a lot of civil lawsuits are filed against Diddy.
Brad Milke
Yeah. So we saw as that window closed, both Cassie's lawsuit and about three or four other lawsuits just before that deadline. And so to some degree, we anticipated it, I think, in the legal community and a little bit for those at ABC who follow this type of stuff. But for the Most part, it was like, okay, they're going to get settled. They're going to figure something out. I don't think this is going to be a thing where Brad and I are sitting down talking about this at a podcast, because they'll just get resolved and the next big thing will catch people's eyes. But that didn't happen, because in those lawsuits, we saw similar allegations of sex trafficking, forced labor, allegations that they observed, what happened to Cassie, and even corroborations of some of her allegations as well. And going to the phrase of where there's smoke, there's fire, I wouldn't say at this point we saw any fire, but we started seeing a lot more smoke.
Brian Buckmire
One of those civil lawsuits that got a lot of attention was the lawsuit filed by music producer Rodney Jones. Why is that one so important?
Brad Milke
Rodney Jones, he was one of the people in this litany of civil lawsuits who files a lawsuit. And I think, like Cassie's lawsuit, if Cassie's lawsuit is considered the spark to create this all. Rodney Jones's lawsuit is the roadmap. Because in his lawsuit, he says, I saw this. I saw that this happened to other people. I was forced to recruit these people. This happened to me. Here are still shots.
Brian Buckmire
And there's a difference here. The civil lawsuit, you're looking for monetary damages for yourself, but once you lay that stuff out there on the public record, that's when prosecutors might start looking through it and going, oh, there could be a criminal case here.
Brad Milke
Yes. So I am by trade defense attorney. I do criminal work. Do I do civil work?
Brian Buckmire
Yeah.
Brad Milke
But that's not my bread and butter. Although it does pay a lot of bread and butter. When I read Cassie's lawsuit, I'm like, this is your standard civil lawsuit. This is about damages to me, allegations about what this person did to me. Rodney Jones's lawsuit read like a criminal indictment. It read like. And I'm like, backing up a little from the microphone so you don't hear me yelling, hey, sdny, over here. Look at these places you can start a criminal case. Like, I read that, and I think that's when I pitched the podcast to abc and I said, something's gonna happen.
Brian Buckmire
Diddy denied these allegations in Jones lawsuit. What happens next?
Brad Milke
DHS and the federal government end up raiding Sean Combs Miami home and his LA home. They went exactly where Rodney Jones said the alleged material would be, and they did it simultaneously. Why does any law enforcement do raids simultaneously? Why do they do raids without people knowing? And from my understanding, Sean Combs is standing On a tarmat in Miami about to fly off somewhere. He's not at these homes. Cuz they know he's not at the homes and they say, go, go, go, go.
Brian Buckmire
They time it for when he's not there, there's, everyone's looking the other way.
Brad Milke
And the reason why they do this, number one, safety, right? Law enforcement's going in and they don't want to come across someone who allegedly has guns in their homes and they fire at law enforcement. So safety is a big thing. The other major issues are the preservation of evidence. They wanna make sure that as they're bursting through the homes. And this is one of the few times I say, like, TV sometimes gets it right when it comes to these legal cases. They don't want people flushing things down the toilet, swallowing things, bleaching them, throwing them, destroying them, whatever. They wanna catch people off guard so they can collect as much evidence as possible.
Brian Buckmire
Well, in this raid, huge escalation, right? Like, huge moment here. Law enforcement says, you know, this is a justified raid as part of an investigation. Diddy's lawyer said this was pure overreach. And, and yet so much of this case, you gotta think at this point is about witness testimony, right? People saying, like, this happened to me. But then this videotape leaks.
Brad Milke
So if you have someone who's accusing someone of rape and it happens in the same day, same week, the person goes, gets a rape kit, there's certain tangible evidence that you can say, hey, look, look, there's a rape kit. We can tell that this happened. But when you say it happened years ago, there's not that tangible evidence to prove it. It becomes a he said, she said. But then the video comes out and any kind of reasonable doubt that people were willing to give Sean Combs of. I know Sean Combs, I've worked with him. He's not that type of guy. You know what, Maybe she really is just after his money. You know what, she was dating him, so maybe this is buyer's remorse. All those kind of explanations and excuses that people give when you have these he said, she said situations. That video silenced them.
Brian Buckmire
Well, and we are going to take a break right here. When we come back, Ryan is going to walk us through what's on that video and we'll look ahead to Diddy's trial. Coming up.
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Brian Buckmire
Okay, we're back with attorney and ABC News legal contributor Brian Buckmire. So Brian May of last year, security video from a LA hotel hallway is leaked. The video's from 2016. What was on that video in the.
Brad Milke
Video released by cnn and just a little shameful plug here. We talk about this in the podcast. We actually have Elizabeth Wagmeister who comes on and describes the process by which they obtained the video and the releasing of it. In the video you have Sean Combs in LA chasing down Cassie, beating her, kicking her. She's on the ground curled up. It appears that she had left a room and went towards the elevators. From the positioning of the cameras, Sean Combs seems to assault her. Go back, come back, assault her again, throw a vase at her, kick her. You can see like running down the hall, him wearing a towel around his waist, half naked, her kind of like running out. So something happened to in the room, but you can't see what happened in the room. You can only see what's happening in the hallway and just outside the elevator because as people who go to hotels can tell, there's a lot of cameras where the elevators are and there's often cameras kind of Pointing down the hallways and things of that nature. And this video got to me for a number of reasons. Now, full context. I'm a former public defender here in Brooklyn. I think my last two or three years at the Brooklyn Legal Aid Society, I was in their homicide defense task force. I've represented 55 to about 6,000 cases. I've had to walk to the DA's office because they can't send certain video across email because they're so bad. I've seen bad videos of rapes, assaults, homicides. But this one took me back because this was truly, as it appeared to me, an individual who saw another individual as not being human. It reeked of vileness when you watched it.
Brian Buckmire
And I was gonna say, it's not just you. Like, there was a public reaction to this.
Brad Milke
Yes, there was an absolute public reaction. I think the conversations before this video got released were, maybe she's lying. Maybe this didn't happen. Maybe all these lawsuits are people just trying to get money. Sean Combs is not that person. I mean, he made Biggie like he made Mace. He made all like, he's not that person. And then that video came out and everyone's like, I was wrong. I think people publicly came out and apologized to Cassie because not only did we see this video, but this video was directly referenced in Cassie's lawsuit. She mentioned this assault. And so now you get this situation of, all right, Sean Combs, you settled the civil lawsuit. You said all of this was a lie, that you said there was no admission of guilt. But a thing in this civil lawsuit is now seen by us all. And it's not like a small thing like, oh, you had an argument like, no, this was a beating.
Brian Buckmire
How did Combs respond to that?
Brad Milke
So Sean Combs comes out talking about how he was in a dark place, how he has gone to therapy, how he has changed, how he was disgusted by what he did at the time. And that's pretty much it. And you can go back and you can see people's public responses. It's not too different from mine. I know the women at the View had their response as to this is a non apology apology. He's not mentioning who he's sorry to. He's not mentioning what he's sorry for. Social media, everyone blasted him about this response, we'll call it, rather than an apology. The reason why this response was like, this is because in large part. And I would have told. Well, I would have told Sean Combs something very different to do here. But any lawyer would have told him abide by the rules of that civil lawsuit when you settled it. Part of that civil lawsuit, I believe, are that both parties cannot reference or speak of each other. And so he's abiding by that lawsuit in a sense, by doing that. And if he didn't, he could have faced civil litigation, he could have been sued for violating that. That could have opened up the case in a way that he didn't want. So smart don't mention her name.
Brian Buckmire
Legally.
Brad Milke
Legally. But probably smarter is don't apologize because if you're going to do something halfway, it's not enough. So don't do it. Maybe.
Brian Buckmire
Well then, which takes us to September of last year. Combs is indicted, he's arrested, These are federal charges. I mean, can you just walk me through then what he's actually charged with?
Brad Milke
So September comes around and we all see that Sean Combs is in New York, his native home, cuz he's born in Harlem, he's at Central park hanging out. I think he's like playing hacky sack, doing things that people do in Central Park. A couple hours later he gets arrested in the lobby of his hotel and we find out that there's an indictment. And the indictment gets released when he is in the Southern District of New York and he's pleading not guilty. Within the indictment, the original first indictment, we see there are three charges. Racketeering, conspiracy, which most people would hear about as rico. Sex trafficking by force, fraud or coercion, as well as transportation for the purpose of prostitution. Three counts. The most serious of the counts has a possible sentence of life without the possibility of parole. And so these are serious, these are wide ranging allegations. Because within that racketeering charge, and you'll hear it as there being a criminal enterprise, there are underlying crimes within that criminal enterprise. Sex trafficking, forced labor, arson. When you talk about a RICO case, what you're really saying is that this person has a criminal enterprise and that criminal enterprise is moving towards a singular goal. In Diddy's case, the allegations are the freak offs, right? The thousand bottles of baby oil, the elaborate recording of sex acts that allegedly lasted for days, where people had to get IVs where, where sex workers were flown in to have sex with individuals who were drugged. There was allegedly GHB in the baby oil. But in order to maintain that criminal enterprise, certain things need to allegedly have been done. The arson is a big one for me and I think also as a connective thread throughout a lot of the allegations, because if you go to Cassie's lawsuit, she says that at one point in time, her, her and Sean Combs were on a break, and during that break, she was talking to dating, whatever vernacular you want to use. Kid Cudi, another rapper in the industry. And her allegations is that Sean Combs threatened Cassie to make him go away. And he, according to Cassie's allegations, said, I will make sure that his car blows up and that his friends or people around him are there to see it, to show the extent of power that he has. In order, as the allegations in the indictment would be to control Cassie, because in order to keep her doing the freak offs, which is what the criminal enterprise does, he needs to control her through means of threats and force. That's how the arson plays into the racketeering conspiracy.
Brian Buckmire
I see. So the indictment saying like, not only is he doing the crime, but he's doing all these other crimes with the intent of this crime that we're all talking about now to make sure that.
Brad Milke
That criminal enterprise still works. That's why when you read the racketeering charge and you see or hear all these little allegations underneath it, it's not that he's being charged with all this little allegations. It said he did these crimes to make the enterprise work. That's the allegation behind it. So now again, you're hearing the feds almost or pretty much corroborate an allegation from Cassie's civil lawsuit that was settled. You now know that Cassie must be a part of this federal indictment, even though the name wasn't released when the indictment happened. And now, at least for me, we travel into a different territory because there are people who sexually assault people, there are people who rape people, There are people who have criminal enterprises that feed into that. If you want to think of the allegations or now the conviction against Harvey Weinstein or R. Kelly. But there's a very unique type of person who blows up cars in order to keep the rape going. Right. To me, it ratcheted up another level.
Brian Buckmire
You're willing to do anything in addition to the horrible crimes we're accusing you of, the freak offs and everything. Diddy's lawyers have said he had nothing to do with the car bombing. But this indictment is basically saying like, you're willing to do anything to keep all this going.
Brad Milke
Yeah, that's within the indictment. The sex trafficking, that's I think pretty self explanatory because it's a federal crime. It's an allegation that the person compelled an individual to participate in sexual acts through force. So like blowing up someone's car, fraud or coercion. You have to stay at bad boy or keep doing this. And then transportation for purpose of prostitution. That's self explanatory and that it's not.
Brian Buckmire
Even just Diddy, like, he's not even just doing all this solo. They're saying, like, this is lots of people involved in one big criminal enterprise.
Brad Milke
Yeah. So the very definition of a RICO is where two or more people conspire. You can't have a RICO by yourself. And that has had some pushback as well as to why is Sean Combs the only defendant? There has to be, by definition of a rico, someone else who participated. The person who traveled to go get the sex workers at the airport and brought them to the freak offs. The person who set up the bed and the room knowing that the freak offs was gonna happen. The person who cleaned up afterwards to hide the allegations that a freakoff was happening. The person who supplied the drugs. All of this is in essence a criminal enterprise. So there has to be more people. And I agree with people when they criticize us and say, well, why aren't there more defendants? And I said, well, the more accurate thing to say is why are there not more charged defendants? Because you can be a cooperating suspect or defendant who's not charged. You can be a person who got.
Brian Buckmire
A deal if they think they've got a bunch of defendants, but some of them will cooperate to get combs behind bars, then why charge those people?
Brad Milke
Yeah. Cause at the end of the day, and again, I always give this a disclaimer because TV often gets it wrong. But this is one where they get it right. If you can go after the big fish, why are you looking at tadpoles?
Brian Buckmire
Which takes us then to this trial. Right. So the trial's about to get underway. Like, what happens next?
Brad Milke
So what happens next is jury selection. It's the process by which both the defense and the government or prosecutor have the opportunity to question prospective jurors about whether or not they're right for this case. And I know oftentimes with cases like this, people say, well, how can you find a juror? Like, everyone's heard about Diddy. Everyone's heard about this case. Everyone's heard about this allegations. Everyone's gonna be biased to some degree. Well, the standard actually is, regardless of whether or not you've heard this information, can you put that information aside and listen and only judge, based on the information that you have now, is it still a difficult thing to do finding those people in the Southern District of New York? That's Gonna be difficult. So you find 12, and potentially, I would imagine you gotta find at least four or five alternates because this is scheduled to be an eight week long trial. And if the trial does begin, because there's always 11th hour stuff that happens that could push it back. If the trial does begin with jury selection on May 5th and then starts on May 12th, which I think is very ambitious to find a jury in five days. Don't forget, like there's Memorial Day, there's the fourth of July. You've got to ask people to miss out a lot of these potential dates and sit for this trial makes it that much more difficult.
Brian Buckmire
Well, and just last week, the judge rejected the attorney's request from Diddy for a two month delay. So it seems like for now, jury selection would be on May 5, trial would start on May 12. And this trial is just gonna be so in the spotlight, Brian. So how are prosecutors gonna position this? How's the defense gonna do this? Like, you're a defense lawyer by trade.
Brad Milke
Yeah. So the government or the prosecutor is going to position this as the facts speak for themselves. They're gonna put up witnesses who say, I was told to go pick up this person. I was told to bring this person here. Did you know that this person was a sex worker? Yes, I did. It was very clear from where I went. I mean, even looking at Rodney Jones's lawsuit where he alleges that he was told to go to strip clubs with a specific hat, that people knew that it was like a bad boy hat.
Brian Buckmire
Oh. Almost a signal. Like, the guy from the Diddy group is here.
Brad Milke
Yeah, he's here. I know. I'm gonna go to this party. I'm gonna get paid. Like I need to go. Rodney Jones tells us about this recruiting process through his allegations. Whether or not they're true, that's gonna be up for the governments approve. But that's how the government's gonna work this out. Then they're gonna say, well, these people could not have consented because again, as the headlines were, look at the baby oil. Look at the GHB within the baby oil. You cannot consent when you are intoxicated. Look at how this traversed over state lines, making it a federal case because it affected interstate commerce. Look at people being forced into this through fraud or coercion. All of that is the government's position for the defense. They're taking the standard of. Well, everyone was asking for it. Everyone was in on it. The government are just very much prudes. They like to have sex like a very Prudish way.
Brian Buckmire
Like a freak off in by its nature is not illegal. You can have people having big sex parties. I think Diddy's lawyers characterize this as like private sexual activity between fully consenting adults. What's the problem with that?
Brad Milke
If everyone shows up to a sex party and we all say, hey, everyone's of age, we all want to do drugs before this, Is everyone okay with that? We're good then. Yeah. Whatever you do in the privacy of your home is not a crime. And that's what the defense is arguing. And that's not an argument that works when you have dozens of people saying otherwise.
Brian Buckmire
There are like amended indictments in all this. Right. How have those kind of evolved?
Brad Milke
Yeah. So since the original indictment, there have been what we call superseding indictments. And what superseding means. It's just like this one replaces or takes over the other one. Right. And so as those indictments have come up, it's evolved the case in the sense of first indictment or the indictment, sorry, only three charges and we only believe to be one alleged victim. And who we believe to be Cassie. From the way that you can kind.
Brian Buckmire
Of like, it's like she's not named, but all the details would match with.
Brad Milke
Her because yeah, like, like going in, going back to the arson, like arson in the indictment, arson in her civil lawsuit. It seems like the allegations. And then as the superseding indictments came out, there were more allegations within the RICO or the racketeering conspiracy. There was forced labor in there. We went from one alleged victim to four alleged victims. We went from a three count indictment to a five count indictment. Because now we have two sex trafficking charges and two charges of transportation to engage in prostitution institution. And so I would say the highway in the mind of the government, the highway towards a conviction is moving in the same direction at the same pace. But there are more lanes now. It's kind of expanded. Is it still moving forward with the same type of charges? Racketeering, conspiracy, sex trafficking, transportation? Yeah. Is it still women and potentially men going to talk about freak offs? Yeah, but now instead of one, there are four. And instead of three, three counts, there are five.
Brian Buckmire
How are you going to handle this on your podcast, Brian? This is coming at us like a freight train. And usually these sort of true crime podcasts are like, hey, here's an episode every week or every month. And there's a beginning and an end.
Brad Milke
Step one, ask my wife if I can be at ABC 247 to cover this. Step two is for the podcast so we have an episode, and I think an episode just dropped now. I believe it would be the fifth episode called Downfall. And so we've had one episode come out every week on Tuesday, kind of following the case. But when the trial starts, we're gonna do two episodes a week to give you the updates. What I love about ABC Audio, aside from the people and everything that they do, is that they facilitate my craziness. And what we're doing is not only reporting about the case, but we're giving about like, oh, this person testified and this person, and this is what happened. But we're also gonna give you that analysis of remember when. So this person said this statement. This is how it connects to the indictment. This is how it connects to the civil lawsuit that came from here. This is how it's gonna come together. This is how the defense is gonna potentially cross examine on this. This is how it's gonna play into the. I want that. And ABC is doing a great job of this as well. And I think they want it as well. We want that. After you listen to one of our episodes, you get to go to the water cooler at work and be like the greatest expert of this case. You're going to know this as best, if not better than most, because, you know better than anyone else. We can't put cameras everywhere. And so unfortunately, we just have to sometimes use our voice to tell a story to reach the most amount of.
Brian Buckmire
People possible, which, again, there are lots of big trials this year. I don't know if anything is going to really rival this for the sheer spectacle that it's about to create. Like the jury has to decide whether Diddy's guilty or innocent. But when we're just talking about the witness list and the people involved and the people in Diddy's orbit and like the sheer suffering that's being alleged by the people around him, it's just gonna be so high stakes for everyone. Brian Buckmire, host of Bad Rap the Case Against Diddy. Thank you so much.
Brad Milke
My pleasure. I know I've made it because I'm here with you now. So thank you for having me.
Brian Buckmire
Now let's check in on the other big true crime stories of the week. First up, the high stakes resentencing hearing for the Menendez brothers has been delayed after a dramatic day in court. The Menendez brothers attorney Mark Garagos faced off against LA County DA Nathan Hoffman, who's trying to keep the brothers behind bars. A new hearing is now set for May 9 to determine whether the brothers resentencing path should be factored into this newly completed parole board's risk assessment. That assessment was conducted as part of a separate clinic for the brothers. This May 9 hearing will also determine if D.A. hockman and his team will be removed from that case. Next up, Harvey Weinstein has been moved from Rikers island jail to a New York City hospital after a judge approved his request to remain there during his retrial on sexual assault charges. Weinstein's lawyers argued in court papers that the sometimes freezing jail cell at Rikers was exacerbating Weinstein's health issues, that judges had to hold a hearing to discuss the matter further. Lastly, authorities say a 31 year old new York City woman has died after a man posing as a plastic surgeon botched a procedure to remove her butt implants. According to a criminal complaint, the man allegedly performed the operation, quote, without a license to do so and while not in a medical facility, end quote. That man, Philippe Hoyos Ferranda, was arrested and charged with second degree assault and unauthorized practice of profession. He's currently being held at a correctional center in East Elmhurst, New York. According to custody reports, no plea has been entered. All right, that will do it for this week's episode of the Crime Scene. So glad you're here with us. The Crime Scene Weekly is a production of ABC Audio, produced by Nora Richie. Our supervising producer is Susie Lu. Mixing by Shane McKeon. Special thanks to Liz Alessi, Tara Gimble, Sasha Aslanian, and Emily Shutz. Josh Cohan is our director of podcast programming. Laura Mayer is our executive producer. I'm Brad Milke and I'll see you next week at the Crime Scene.
Brad Milke
There are research firms, there are consulting firms, and then there's Forrester.
Brian Buckmire
Meet Today's forester@forrester.com.
Podcast Summary: "The Crime Scene: Diddy on Trial"
Podcast Information:
Brad Milke opens the episode by introducing the high-profile federal trial of Sean Combs, popularly known as Diddy. The trial centers around serious charges including racketeering and sex trafficking. Brian Buckmire, attorney and ABC News legal contributor, joins to dissect the case.
Brad Milke (01:01): "Brian, today is gonna walk us through everything we need to know about this trial that is really racing towards us now, including Diddy's claims of innocence and potential defense strategies."
The discussion begins with Diddy's significant influence in the music industry. Starting with Uptown Records and founding Bad Boy Records, he played a pivotal role in launching careers of artists like Notorious B.I.G., shaping the culture with his distinctive style and business ventures.
Brian Buckmire (02:19): "Diddy is like an industry unto himself... How did we get here?"
Brad Milke (02:38): "Bad Boy's artists had an era-defining style, a look, baggy, bold, flashy clothes."
Whispers and minor allegations against Diddy began surfacing over the years, including accusations of violent behavior and mismanagement. These initial claims often went unnoticed or were swiftly dismissed.
Brad Milke (05:09): "You have to prove yourself to Bad Boy... But now we're like, your boyfriend was Sean Combs. What do you have to prove to him?"
A turning point came with Cassie Ventura's civil lawsuit in 2023, where she alleged that Diddy assaulted her and coerced her into compromising situations to maintain her career. Despite denying the allegations, Diddy settled the lawsuit quickly, fueling public suspicion.
Brad Milke (05:54): "Cassie's lawsuit provided that missing piece... And here are the allegations she put forward."
Brian Buckmire (09:05): "But he denied it. And then they settled really quickly after that."
Following Cassie's lawsuit, several other civil suits emerged, alleging sex trafficking, forced labor, and other misconduct linked to Diddy's operations. These lawsuits coincided with New York and California's "look-back" period, allowing victims to file claims beyond the standard statute of limitations.
Brian Buckmire (11:38): "New York State specifically had this one-time window... a lot of civil lawsuits are filed against Diddy."
Brad Milke (12:43): "Rodney Jones's lawsuit is the roadmap... it read like a criminal indictment."
A pivotal moment occurred when security footage from a 2016 LA hotel hallway was leaked, showing Diddy allegedly assaulting Cassie Ventura. The video provided tangible evidence that significantly impacted public perception and the legal narrative.
Brad Milke (18:17): "In the video you have Sean Combs in LA chasing down Cassie, beating her, kicking her... This video silenced them."
In September 2024, Diddy was indicted on multiple federal charges, including racketeering, conspiracy, sex trafficking by force, and transportation for the purpose of prostitution. The indictment outlines a criminal enterprise aimed at maintaining illegal activities through coercion and violence.
Brad Milke (22:32): "Racketeering, conspiracy, sex trafficking by force, fraud or coercion, as well as transportation for the purpose of prostitution."
Brian Buckmire (25:24): "Diddy's lawyers have said he had nothing to do with the car bombing. But this indictment is basically saying like, you're willing to do anything to keep all this going."
The trial is set to commence with jury selection slated for May 5, followed by the trial start on May 12. Brian Buckmire outlines the prosecution's strategy to present witness testimonies and evidence that link Diddy to the alleged criminal activities. Meanwhile, the defense is expected to argue that the gatherings were consensual and private.
Brad Milke (28:35): "The government or the prosecutor is going to position this as the facts speak for themselves... They could not have consented because... there's GHB in the baby oil."
Brian Buckmire (30:03): "The defense is arguing that whatever you do in the privacy of your home is not a crime. And that's what the defense is arguing. And that's not an argument that works when you have dozens of people saying otherwise."
Given Diddy's prominence, the trial is anticipated to garner significant media attention and public interest. The legal proceedings will not only determine his fate but also shed light on broader issues of power, coercion, and accountability in the entertainment industry.
Brad Milke (35:03): "This trial is just gonna be so in the spotlight... it's gonna create... so high stakes for everyone."
Brian Buckmire (35:32): "Thank you so much."
The episode concludes by highlighting other notable true crime stories, emphasizing the ongoing nature of legal battles and their societal implications. The comprehensive analysis provided by ABC News aims to keep listeners informed and engaged with one of the year's most significant trials.
Notable Quotes with Timestamps:
This comprehensive summary provides an in-depth look into the podcast episode, capturing the critical discussions, legal intricacies, and the overarching narrative surrounding Sean Combs' trial. It serves as a detailed guide for those unfamiliar with the episode, offering insights into the key points and developments of this high-stakes legal case.