Mark Agnifolo (2:38)

Well, when you talk to one of our legal analysts, Danny Savalos, he would say that this is typical, this is prosecutorial overload. They want to really hammer home their points, especially when it comes to several of these charges. The two sex trafficking counts that he faces, as well as the transportation to engage in prostitution. And what better, better way to do that than show you more freak off videos?

Andrea Canning (2:59)

But how does that backfire, though? By continuing to hammer it home, if you will.

Mark Agnifolo (3:04)

From what I've been told by lawyers like Danny, it's that the jury can feel like this is overkill. They can also feel as though these women like Jane or Cassie Ventura do not look like they were being forced or coerced into these drug fueled sex parties that actually they look like they're having a good time and that there's consent there. So again, we haven't seen these videos. There was a four day period in December of 2021 that Combs filmed actually 50 different freakoff videos. And the jury saw some of those today. So we don't know what's on them.

Andrea Canning (3:37)

Yeah. And you're saying that because they're not allowing people in the courtroom to see the videos, just the jurors.

Mark Agnifolo (3:43)

Right. They're under seal, Andrea. And this is something that just the jury and the defense and prosecutors get to see. This is to protect the anonymity of someone like Jane. This is to also protect the identities of some of these escorts. I just want to point out that while these videos are being played, Combs, mother Mama Combs, that's her nickname, was staring straight at the jury, looking for their reaction. And Combs was kind of looking around. He doesn't seem as stressed today as he has in previous weeks.

Andrea Canning (4:12)

And you were also watching the faces of the jury. We know that it's a bad idea, obviously to try to read jurors faces because you just never know what they're thinking. And Joe Tecopina told us that on Friday. What, what were you seeing though? Just what were their expressions? Regardless of, you know, what's going on in their brain, some look uncomfortable watching.

Mark Agnifolo (4:36)

The videos, while others seem to be paying close attention and taking notes. You know, in the past we've seen some jurors even wince. They've already seen freak off videos, but I don't think you can ever, you know, get used to seeing these. And so everybody has a different tolerance. And I think that that's what's really going to happen during these jury deliberations is there's also an age divide here. And what are different people's opinions of consent and of this type of what Combs team would say is just a kinky lifestyle.

Andrea Canning (5:07)

This federal agent, he brought up other evidence as well. Was there anything impactful or interesting in the text messages that were brought up, Chloe?

Mark Agnifolo (5:15)

Well, we heard a lot about Christina Karam, also known as KK today. We saw that she was across many text messages with Combs. And she was also in touch with a travel agent named Jessica Ruiz to set up these hotel nights. She saw, you know, what credit cards were being used, and she really was com right hand. But again, remember, she put out that statement, you know, vigorously denying any sort of criminal involvement and that she had nothing to do with anyone being sex trafficked. But it's interesting, right? The government's last witness is this Homeland Security investigator. We don't see KK on the stand.

Andrea Canning (5:54)

Chloe. There's a moment in one of these voicemails where Combs realizes he's run out of baby oil.

Mark Agnifolo (6:02)

It's another one of those audio text messages, right? Also known as voice notes for all the hip people out there. But Combs, he really loved voice notes, and he would send a lot of them, whether it was to Jane, his former girlfriend, or whether it was to KK in. And one of those that you're referencing, he sounds out of breath and very concerned that he's run out of these seven bottles of baby oil, and he thought that that was enough. And KK's like, I got you. She responds in a text message, and then he miraculously has baby oil show up at his hotel room door. Assuming it's an assistant brought it there.

Andrea Canning (6:37)

Yeah. So how does this fit into the RICO conspiracy charge?

Mark Agnifolo (6:42)

I think a lot of the evidence that we've seen today and on Friday from this special agent is that Combs also set up these hotel nights and hired these escorts all on his own. And he interfaced with the travel agent. He was very aware where these escorts were flying from, and that he would sometimes talk to these escorts himself over text message. And in one instance, you have Sean Combs talking to this woman named Bridget, who runs Cowboys for Angels, this escort service. And he actually writes to her over. Over a text message saying, stop raising my rate. I am a long timer. And he says he couldn't even perform.

Andrea Canning (7:23)

Chloe, you're saying that this escort couldn't make it happen, so to speak.

Mark Agnifolo (7:28)

Yeah, it sounds like this escort could not perform the sexual duties required. And these are the text messages. Now on the back end between Combs and this woman Bridget from Cowboys for Angels, saying that, like, regardless of what happens, that's not our problem. You still have to pay them for their time and their companionship. This is very clear that Combs knew that he was hiring escorts. And again, that goes towards transportation to engage in prostitution. And this also goes towards the RICO conspiracy charge because one of the predicate crimes is sex trafficking.

Andrea Canning (8:03)

Was the defense able to undermine any of this on cross examination?

Mark Agnifolo (8:06)

There were some text messages between Jane and a particular escort, Cabral, in which she is booking his travel for him, in which she seems very excited about having him come. She says she, you know, wants him to FaceTime her right now. But when she took the stand, she said that a lot of those FaceTimes combs was with her and that he would get turned on by watching her have sexy conversations with these escorts. So again, she has maintained that she was forced, even though these text messages seem really loving and willing in nature.

Andrea Canning (8:41)

Okay, thank you, Chloe. When we come back, the federal agent testifying today is what's called a summary witness. We've asked NBC News legal analyst Danny Savalos to join us to explain what that is and to talk to us about some breaking defense news.

Danny Savalos (9:00)

Smokey the bear.

Andrea Canning (9:01)

After 80 years of learning his wildfire prevention tips, Smokey Bear lives within us all. Learn more@smokeybear.com and remember, only you can prevent wildfires brought to you by the USDA Forest Service, your state forester and the AD Council.

Chloe Meloss (9:16)

Hi, we're Emoji Health, your long term weight loss solution. We'll connect you with a board certified provider to discuss your unique goals. Eligible patients can Access custom formulated GLP1 medications at an affordable fixed price delivered to their door monthly. Take our free eligibility quiz@joinmochi.com and use code AUDIO40 at checkout for $40 off your first month of membership. That's joinmochi.com Results may vary. Eligible GMP1 patients typically lose one to two pounds per week in for six months with Mochi when combined with a healthy lifestyle.

Mark Agnifolo (9:47)

I've never felt like this before. It's like you just get me. I feel like my true self with you. Does that sound crazy? And it doesn't hurt that you're gorgeous. Okay, that's it. I'm taking you home with me. I mean, you can't find shoes this good just anywhere. Find a shoe for every you from brands you love like Birkenstock, Nike, Adidas and more at your DSW store or DSW.

Andrea Canning (10:24)

Danny, thank you for joining us again.

Danny Savalos (10:26)

Thanks for having me.

Andrea Canning (10:27)

You're going to do us, right? And you're going to make explaining a summary witness interesting, right?

Danny Savalos (10:32)

I don't know if I can do that, but I can explain what they do.

Andrea Canning (10:35)

Please do.

Danny Savalos (10:37)

So oftentimes when you have documents, records and data, you need a witness to essentially organize information for the jury. But they have to take the stand and explain what they did to organize it so that the jury can understand why. And it's admissible as evidence and it can be really, really dry. But it's quietly the most important part of the case.

Andrea Canning (10:58)

Why is it so important?

Danny Savalos (11:00)

Because in a case like this, text messages, hotels, any of this data that comes in is critical because it's more reliable than just somebody getting on the stand.

Andrea Canning (11:10)

And are they also confirming kind of what the prosecution has said, confirming that it's accurate and that this is backing up everything you've heard?

Danny Savalos (11:18)

Oh, sure. I mean, that's what they have to do. I mean, if you didn't have these summary witnesses, the jury would have to comb through all of this information and summarize it themselves.

Andrea Canning (11:27)

So the prosecution has called a couple of these summary witnesses. Their testimony, of course, has been less dramatic than, you know, say Kid Cudi or Cassie or. Why would a prosecutor want to close their case, you know, with the testimony of people who are somewhat removed from the story?

Danny Savalos (11:45)

Because the people themselves are not what we call percipient witnesses. So an employee of the government, obviously he wasn't at the freak offs, he or she. And they can't testify as eyewitnesses, but they're testifying about facts and data and information that really may not lie in the same way that a witness, an eyewitness to something that happened may misremember or, or lie or fabricate and also.

Andrea Canning (12:09)

Kind of wrapping everything up. Right, sure.

Danny Savalos (12:12)

Yeah, yeah. And exactly. And you know, the government has a tough decision to make in terms of do they want the flashier witnesses at the end or do they want these sort of drier witnesses? And it could be that the strategy is, well, since this is the information that we think is the most important, even if it's a little less sensational than Kid Cudi and his burning car. Then we will put it at the end.

Andrea Canning (12:33)

This morning, before the jury was even sworn in, defense attorney Mark Agnifolo dropped some big news. What was it?

Danny Savalos (12:39)

Yeah, that the defense wouldn't be calling any witnesses. And candidly, to defense attorneys everywhere, this really isn't a surprise. For a couple different reasons. Number one, the government has the burden of proof to the highest degree beyond a reasonable doubt. So for that reason, it's very common, including in my cases, to call no witnesses at all and simply make your entire defense case about pointing out reasonable doubt in the government's case. Because if you start calling witnesses that you don't absolutely need, you can snatch defeat from the jaws of victory. It is a huge risk because of that burden of proof. Nobody wants to be the cautionary tale of the defense attorney who had a pretty good case going and then started calling witnesses who torpedoed his own case.

Andrea Canning (13:23)

So the defense's case is really through cross examination.

Danny Savalos (13:27)

Oh, definitely. And in my opinion, this is just my experience, but that's not that uncommon in these federal cases where the government just has a ton of evidence. And if you call one or two witnesses, that almost looks worse than calling zero witnesses. And you know, for those people wondering, well, why pay these high priced lawyers if they weren't gonna call any witnesses? That's not really the measure. The measure is what gives you the best chance to raise reasonable doubt as to the government's case. And by the way, I would say the only, the only part that is no surprise whatsoever is that they were never going to call combs.

Andrea Canning (14:00)

Yeah, Danny, you always do make it interesting. You came through. Thank you so much for that.

Danny Savalos (14:07)

Thank you.

Andrea Canning (14:08)

Thanks for listening. We'll be back with a new episode tomorrow. If you want to read the latest developments and analysis from inside the courtroom, check out the NBC newsletter. Diddy on trial go to nbcnews.com diddy to find that. On Trial is produced by Franny Kelly with help from the Dateline True Crime Weekly team. Our senior producers are Allison Orr and Liz Brown Karloff. Original Music by Jesse McGinty. Paul Ryan is executive producer and Liz Cole is senior executive producer of Dateline.

Chloe Meloss (14:46)

I'm Cindy Lauper.

Andrea Canning (14:48)

My psoriasis was all over, even on.

Chloe Meloss (14:51)

My scalp, which may mean four times the risk for psoriatic arthritis. But Cosentyx works on both.

Cyndi Lauper (15:00)

Cosentyx Secukinumab is prescribed for adults with moderate to severe plaque psoriasis, 300mg dose and adults with active psoriatic arthritis, 150mg dose. Don't use if you're allergic to before starting, get checked for tuberculosis. An increased risk of infections and lowered ability to fight them may occur like tuberculosis or other serious bacterial, fungal or viral infections. Some are fatal. Tell your doctor if you have an infection or symptoms like fevers, sweats, chills muscle aches or cough had a vaccine or planned to, or if inflammatory bowel disease symptoms develop or worsen, serious allergic reactions and severe eczema like skin reactions may occur. Learn more at cosentix.com or 1844-COSENTIX Ask your doctor about Cosentyx.