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- [00:02]
Host 1
Seriously popular. The following episode explores a number of allegations regarding the artist Diddy. He denies all charges and has pled not guilty to sex trafficking, racketeering and transportation to engage in prostitution.
- [00:17]
Marjorie Hernandez
The biggest secret in the entertainment industry.
- [00:20]
Host 1
That really wasn't a secret at all.
- [00:23]
Marjorie Hernandez
Has finally been revealed to the world. At the height of his career, Sean Diddy Combs had it all. It seemed like everything Diddy touched turned to gold. Now the once untouchable hip hop mogul is fighting for his life as he faces multiple federal charges in New York, including sex trafficking and allegedly running a criminal enterprise.
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Host 1
Music mogul and rapper Sean Diddy Combs has faced four different lawsuits in recent.
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Kayla Brantley
Weeks alleging sexual assault. Combs can be seen grabbing Ventura and.
- [00:55]
Host 1
Throwing her to the ground.
- [00:56]
Marjorie Hernandez
Oh, this guy is dangerous. Every woman has now come forward.
- [01:00]
Host 1
A legend comes of sexual assault. She was drugged and sexually assaulted by Combs.
- [01:05]
Marjorie Hernandez
I'm DailyMail.com journalist Marjorie Hernandez, and over the last six months I've been investigating this incredible story and speaking to the people in the eye of the storm. Welcome to the trial of Diddy.
- [01:22]
Kayla Brantley
Hey, I'm Kayla Brantley, reporter at large for the Daily Mail in Manhattan.
- [01:25]
Marjorie Hernandez
And I'm Marjorie Hernandez, DailyMail.com's West coast news editor. Welcome to episode 15 of the trial of Diddy. It's been quite a week and we've had our mini Jay Z episode on Tuesday. And here we are back with more updates. Later on. We'll catch up with our friend of the pod attorney Lisa Bloom, who has some fantastic insights into all the latest developments. But before that, let's get into some news. James Swatuska had a great piece on Daily mail on Tuesday, December 10, explaining how Jay Z and Beyonce appeared where their 12 year old daughter Blue Ivy at the premiere of her new film Mufasa the Lion King here in LA on Monday night. This was, of course, very shortly after Jay Z's rape accusations had dropped. And James's piece says Beyonce is reportedly working with a crisis specialist who is believed to have, quote, forced Jay Z to appear in public and attend these kind of events as she wants to face all the accusations, quote, head on. An insider told James, quote, beyonce will do anything she can to keep their family together but is also concerned that more women will come forward with lies. The insider went on to say, quote, this has been hanging over their heads since Diddy's arrest and has been causing a strain on their marriage. Jay Z, as we have seen this week, released a furious statement denying and condemning these new allegations, describing it as quote, blackmail attempt and mentioning how it is unfair that his family, particularly his eldest daughter, Blue Ivy, will also be affected. Now Jay Z wrote, quote, my only heartbreak is for my family. My wife and I have to sit our children down, one of whom is at the age where her friends will surely see the pressure, and asked questions about the nature of these claims and explained the cruelty and greed of people. He went on to say, I mourn yet another loss of innocence. Children should not have to endure such at their young age. It is unfair to have to try to understand inexplicable degrees of malice meant to destroy families and human spirit. The facts of the case are Jay Z is accused of assaulting a woman who identifies as Jane Doe at an MTV Video Music awards afterparty on September 7, 2000. This is the same year he started dating Beyonce. The suit claims Jane Doe was driven to a house party and offered a drink that made her feel, quote, woozy and lightheaded and felt like she needed to lie down. Diddy and Jay Z are then alleged to have entered the room with Combs saying, you are ready to party. She claims Jay Z then removed her clothes, held her down and raped her while Combs and an as yet unnamed female celebrity watched. Jane Doe alleges Combs also raped her as Jay Z and the same woman looked on. This lawsuit was originally filed in New York's Southern District in October against Combs, and it was refiled last Sunday with Jay Z, whose real name is Shawn Carter, as a defendant. In other Jay Z news, artist Mia has claimed that he told her to get plastic surgery when she signed a record deal with his Roc Nation label back in May 2012. In a recent Instagram video obtained by Live Bites, the singer said, quote, when I met Jay Z and signed to Roc Nation, the first thing he told me to do is get plastic surgery. She went on to say, I'm not insecure because I would have gotten plastic surgery. Mia said, what women do you know who haven't had plastic surgery around Jay Z? All of them have. I'm the only one who didn't. But she says she, quote, would have done a hundred times over. Mia split from roc Nation in December 2013. Now the man who launched a Jay Z case, Texas based attorney Tony Busby, has since told the BBC his team have received around 3,000 inquiries since his first news conference calling for clients back in October. Busby says he has already issued 20 lawsuits from both men and women seeking damages from Diddy. And he goes on to say that he suspects the Final total will be between 100 and 150. Diddy has, of course, denied all charges against him. He has called these accusations, quote, sickening, accusing his accusers of looking for a, quote, quick payday while his lawyers have painted a picture of a, quote, reckless media circus. Diddy's attorney, Erica Wolf, told BBC, quote, Mr. Combs has full confidence in the facts and the integrity of the judicial process. In court. The truth will prevail that Mr. Combs never sexually assaulted or trafficked anyone, man or woman, adult or minor. Diddy is currently being held in Manhattan's Metropolitan Detention center awaiting his proposed May 2025 trial on separate criminal charges of sex trafficking and racketeering. Sean Combs, it's important to say once again, denies all charges. Sean Carter also denies all allegations. And now to today's guest and we are delighted to welcome back friend of the show attorney Lisa Bloom. Lisa, thank you again for joining us today. Can you say your first and last name and how you are related to the case?
- [07:22]
Host 1
LISA bloom, I'm a victims rights attorney at my law firm, the Bloom Firm, and I represent two accusers of Sean Combs, including one of them is Dawn Richard.
- [07:33]
Marjorie Hernandez
There have been a lot of developments lately in the case itself. One of the things that I found interesting, there was a recent court ruling that one of the Jane does who filed a civil suit against Diddy for raping her, allegedly two decades ago, the court had ruled that she can't move, she couldn't move forward with the case unless she provides her name. And just this week, this Jane Doe did reveal her name and it was Anna Kane. And I was just wondering from your standpoint, obviously you mentioned that you are representing two victims, alleged victims, and one of them being Dawn Richard from Danity Kane. And the other individual has remained Jane Doe. But how do you feel about this new court ruling? And could this push your own client to reveal her name as well?
- [08:33]
Host 1
So just to clarify, my second client is a man, and so he would be a John Doe. But the issue that you raise is a very important one. So it's called pseudonymous filing, which means filing under a pseudonym like Jane Doe or John Doe. And this has been widely accepted in sexual assault cases because we all know that sexual assault is so under reported. People are terrified to come forward. They don't want to be known the rest of their life as a person who was sexually assaulted, much less sexually assaulted by a very prominent celebrity like Sean Combs. So it's really important that people have the option of either filing under their Real name like Dawn Richard did very bravely after thinking about it and deciding what was best for her, or filing as a John Doe, as my second client wants to do, because he's afraid. And of course, in the. In the course of a case, the person's name gets disclosed to the other side. So they can do discovery, they can do an investigation investigation, and they can do their research. They can ask people they know the name. The only question is whether the whole general public should know their name. And I think it's very unfortunate that courts are sometimes ruling now that people cannot file under a pseudonym. They have to reveal their real name, which leads some people to just drop the case. Right. So, you know, we all know that sexual abusers need to be brought to justice, and we need to do everything possible to help the victims. And it really does not help if they have to reveal their real names or else drop the case. So I think that's really unfortunate.
- [10:11]
Marjorie Hernandez
Can you go over that point again, that the defense is provided the name? Right, but so what is then their purpose? To push the name to be made public?
- [10:21]
Host 1
Well, their real purpose is to embarrass and humiliate the victim. That's, you know, they're going to do anything they can to do that and hope that the victim will just drop the case, they say. Of course, they don't say that in court. You know, they say that they want it to be public so that members of the public can come forward with information and help them. I don't think that really happens very much, but that's what they say. Or they'll say, you know, in fairness, Sean Combs name is out there. Why shouldn't the victim's name be out there? Well, they're not in equivalent positions, is the answer to that. Sean Combs is very wealthy, famous, can hire the best lawyers, the best investigators. Has a lot of people even now who still support him. And, you know, other people are just powerless everyday people who are terrified of being involved in the legal system who may have a hard time even getting a lawyer. And if they have a lawyer, it's somebody who's a solo practitioner or a small firm. You can't afford investigators and any of that. So they come to this in very different positions.
- [11:25]
Kayla Brantley
I do think that that's interestingly said that you said that, you know, the defense will find out who these people are, because one of the things that Diddy's team has argued is that they can't really build a case without knowing who this person is. And so you Know what you said kind of blows that all out of the water, that they will know who it is. It's just not going to be known to the public.
- [11:49]
Host 1
Exactly. Yes. And I've had many cases where we file. For example, I had, I think, eight women I represented against the company actively in a big sexual harassment scandal. They had, and many of the women wanted to be Jane does in that case, and they were. And of course, we revealed their name to the other side so the other side could, in fairness, know who it was and fight the case. So, of course, I've also had cases against the clothing company guests, and we, our clients in those cases started out as Jane does, and then some of them, as the case progressed, decided to come out and use their real name. So I also like to tell victims that they generally get stronger as the case progresses. People are usually terrified at the beginning, even to call me, even to talk about the case confidentially with me. Maybe we send a letter first to start the case. They're terrified of that. They're terrified of filing the lawsuit. But as it goes on, they see that actually the earth is not opening up and swallowing them. They are okay. In fact, many people are very supportive of victims, and they can do it. And some of them ultimately decide to come forward and use their real names.
- [12:58]
Marjorie Hernandez
Do you think, though, that this latest court ruling would prevent some victims from coming forward? Because now that they think, oh, she was forced to do so, will I be forced to do so?
- [13:09]
Host 1
It very well might. And that's a very good point, Marjorie. Yes. Because the number one hurdle that I'm up against as an attorney who represents sexual abuse victims is fear. Fear of getting involved in the legal system, of being unmasked, of having your friends and neighbors and co workers know that you were sexually abused. Sometimes the details are out there. You know, it's really humiliating. Sexual assault is about having your power being taken away from you. It's a very intimate violation. The last thing most sexual assault survivors want is for all of these details to be out there for the whole world to see attached to their name.
- [13:47]
Kayla Brantley
Was there a moment with your client, Dawn Richard? Obviously, she's so well known. She's from Danity Kane. We've seen her on making the band. Was there a decision where she decided, you know, I'm going to come forward with my name, because obviously she could have filed as a Jane Doe and remained anonymous.
- [14:05]
Host 1
Yes, and thank you. And she is so accomplished, and she's all about the music. She just went on tour. You know, she has Over a million Instagram followers. I mean, she's very popular, accomplished woman, and she's all about the music. All she wants to do is make music and be a musician. And yet she found herself in the position after Cassie Ventura came forward, of saying, I need to come forward, too, in support of Cassie, in support of the others, and to tell my own story. And she knew that her name being attached to it would make a big impact for others. So, of course, I advised her that she had the right to file as a Jane Doe. And she gave it some thought, and she decided to come forward with her real name, which I thought was very brave of her.
- [14:53]
Kayla Brantley
Could you fill us in on the status of Dawn Richard's case?
- [14:57]
Host 1
Yes. So we filed it several months ago, and there's been a lot of skirmishing ever since. First of all, we had to serve all of the defendants in our case because we didn't just name Sean Combs. We named a lot of individuals and entities that we claimed were complicit. You know, somebody like Sean Combs can't have this many victims if he's doing it all by himself. It reminds me very much of Jeffrey Epstein, who I represented 11 victims of, and he had a whole operation with Ghislaine Maxwell and other recruiters and similarly with Sean Combs. We think there's a lot of people and companies who were complicit, and we named them. Well, of course, those people don't like being named. They don't like being associated with Sean Combs. Many of them have come to us and said, we shouldn't be in the case. Here's why you have to dismiss us. If you don't, we're going to go to the judge and ask the judge to dismiss us. So we've had a lot of back and forth with them. Also, we had to serve everyone, which was not easy. Sean Combs was in prison, and we wanted his attorneys to accept service. Otherwise, we could have sent somebody into the prison to serve him, but that's somewhat complicated. So we got all that ironed out. Everybody is now served. And some of the defendants were still considering whether they really should be in or should be out. Were willing to listen to evidence. I mean, I've always said, just because somebody was at a party or did business with Sean Combs does not mean that they were complicit. They may not have known. But if they did know and they turned a blind eye to it and they funded him, then they were complicit, and then we're not letting them out of the case. So that's where we are right now. We have a conference with the judge in January, and that's when all of the discovery sort of gets set. The discovery is the phase where we get documents and information, we exchange it, we give them what we have. They're supposed to give us what they have, and then we start taking depositions. I think, you know, obviously, one of the biggest moments will be when I get to take Sean Combs deposition, which will probably be in prison. And I'm very happy to go and take his deposition in prison. I've been to prison for various cases many times, so it doesn't bother me, doesn't scare me. And we'll see what he says about Don, and we'll see what his story is, and we'll see whether it matches up with the documents and information and other witnesses. You know, we'll see what. What he has to say for himself.
- [17:23]
Kayla Brantley
Is your team pulling any of the footage from making the band as evidence?
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Host 1
So that's a great question. We are going through it to see what there is. I think some of that footage will support Dawn's story that she was being treated very badly. It was kind of part of the show that the women were treated so badly and that Sean Combs would rant and rave and have temper tantrums. Somehow this was all seen as acceptable at the time. I don't think that was just tv. I think that was the reality. And I think some of that footage will really help us. Yes.
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Marjorie Hernandez
Have any of the other members of Danity Kane also come forward? And have you spoken to any of them?
- [18:07]
Host 1
No, but a number of witnesses have come forward. I'm not going to name them here, but a number of people have come forward to help us, to corroborate, and we are very appreciative of that. And anybody who has knowledge or information, please do come forward. Because cases are only one with witnesses and evidence. Sometimes people say, can't I just write a letter? And no, unfortunately, we need live witnesses. We need people to come forward and talk to us. So some people have done that, and that's very helpful.
- [18:36]
Marjorie Hernandez
We have so much more coming up, but for now, let's pause for a break. Foreign welcome back to the Trial of Diddy. And we are still here with Lisa Bloom. Seems like also there is a new case or new cases every week filed against him. How. How will that work with now? I think it's close to a dozen cases that he. He has against him. And if you do get to a Point where he ha. You are going to depose him. How. How will that occur when there's also all these other cases and all these other attorneys who might also want to do the same?
- [19:28]
Host 1
Well, everybody has the right to take his deposition in their cases. Every party to a case has to sit for a deposition. You can't get out of it by saying, well, there's a whole bunch of people suing me. If you don't want a whole bunch of people suing you, maybe you shouldn't do a whole bunch of bad things. Right? So we all are going to have the right to take his deposition. There'll probably be some skirmishing as to the dates and the times and who goes first and all that. That's fine. But eventually we are all going to get his deposition.
- [19:59]
Marjorie Hernandez
And in the meantime, he will stay in jail at this point, yes, unless.
- [20:03]
Host 1
He can convince somebody to let him out. And so far, that's not working. So, as you know, there was a bail hearing. One of the reasons why the judge said bail was denied was because of our case, because of alleged witness tampering in our. He had over 100 phone contacts, according to the government, with a witness in our case who came out and spoke out against Don. So, oops, I guess he forgot that his phone was being tapped, even though on another call he says, my phone is being tapped. So he knew, but I guess he forgot. You know, we like to say people have the right to remain silent, but not the ability. So he was personally apparently reaching out to a witness in our case, and that's considered witness tampering by the government, and the judge agreed, and he did not get bail. He since has asked another judge to release him. Denied. I believe that went up on appeal. I think it was denied. So I. I'm not sure if the appeal has been decided yet. But he's still in prison, right? And I think he's going to stay there probably for the rest of his life.
- [21:03]
Marjorie Hernandez
Were you shocked at the fact that he was reaching out to your witnesses?
- [21:07]
Host 1
Yes, I was shocked. Not a lot of things shocked me. Marjorie, you've known me for a long time. I've been around the block. But what. And again, because he knew his phone was being tapped, but I think he was getting probably desperate. Perhaps he was on drugs. I know some were found in his room when he was arrested. So I don't know. But I'm speculating that maybe he wasn't in his right mind or he just was very upset and maybe it was ego. He's used to telling people what to do. He's used to, you know, calling all the shots. And so he reached out to her. You know, it would take a psychologist to explain that kind of thinking. But yeah, that was pretty shocking.
- [21:49]
Marjorie Hernandez
There are also reports that he had used other cellmates, phones or somehow was able to use their codes. I mean, what did you think about that? That he was able to access that stuff?
- [22:04]
Host 1
People are rarely as smart as they think they are. People think, you know, like they see TV or movies, like, oh, I'll get somebody else's phone and all, you know, they think they're very clever. They're not. And the government, you know, seized his hard drives at his home. They seized his phone when they arrested him. You know, you're not going to outsmart the sdny. The prosecutors in the Southern District of New York who have seen it all, have heard it all, who have your devices, I mean, your devices, you know, tend to give everything away. That's where all of our information is, right? Texts, phone calls, emails. So yeah, even if you use somebody else's, you know, eventually they're going to get it. It's just not a good idea.
- [22:52]
Kayla Brantley
Lisa, I want to look to the latest allegations. A suit that was filed against Jay Z that added Jay Z along with Sean Combs. Jay Z has come out swinging against these allegations and has also targeted the lawyer who filed this civil suit, calling it blackmail and every name in the book. What are your thoughts on that from a legal perspective, from somebody who is representing a victim, an alleged victim.
- [23:24]
Host 1
So now let's keep in mind that Jay Z is, I believe, a billionaire who I'm sure has the high priced lawyers, publicists, crisis management team. And I'm sure that after giving this a lot of thought, they came up with this strategy which they think is going to help them. And I think it's a sideshow. The strategy and the sideshow being go after the lawyer and not the woman accusing him. Let's remember there is a woman accusing him of having sex with her when she was 13 years old, of raping her when she was 13 years old alongside Sean Combs and a female celebrity. So they don't want to go after the woman. I'm sure that the crisis management people think that's a bad idea. So instead let's go after the lawyer. And it is not extortion to send a letter to somebody. We call it a demand letter and say, here are allegations that my client has against you. We are going to file a lawsuit. Unless you would like to do A mediation and reach a settlement with us. That's what the lawyer did. That is something that I do all the time, that lawyers do all the time. Most people would prefer to have a settlement before the filing of a lawsuit, and that's why we do it. There's nothing illegal about it. In fact, it's favored by the courts because courts want settlements, because courts are very clogged and busy and can't possibly resolve all the cases that are before them. So Jay Z, I'd also like to point out, used a pseudonym when he filed his case against the lawyer. He didn't use his real name, and yet now he criticizes the accuser, his accuser, of not using her real name. Right. So there's some hypocrisy there. And all of that, again, is a sideshow. His case against the lawyer is not going anywhere. Extortion is threatening to go public with embarrassing information unless somebody pays you money. Extortion is not threatening to file a lawsuit unless somebody pays you money. So unless there's something else that went on in the conversations with the lawyer and Jay Z's team that I don't know about, that's not public yet, I don't think that case is going anywhere. I do think the case against Jay Z brought on behalf of the woman will go forward. Now, Jay Z wants to unmask her. So he wants a different rule to apply to her than applied to him when he filed his case as John Doe. Right. Will he be able to unmask her? I don't know. We'll see. We'll see what the court does. But I find that really hypocritical on his part.
- [26:06]
Marjorie Hernandez
I also found interesting in the statement that he did release, which is, as you mentioned, was very defensive and attacked Tony Busby, the attorney who's representing the woman. Can you talk a little bit about that?
- [26:21]
Host 1
He doesn't say, I wasn't there, I didn't do it. This, you know, he just wants to go after the lawyer and he wants to get on his high. I'm from Brooklyn and I have to tell this to my children. And, you know, I really don't think it makes much difference that he's from Brooklyn. And look, he might be innocent, he might be guilty. I don't know. I'm not making that call. But I do know that he is a very wealthy and privileged guy and so say, like, I'm just a regular guy from Brooklyn when we're talking about a billionaire, it's. It's a little much for Me. And also, it's very hard to be an attorney representing victims against these billionaires. I've been going after billionaire bullies for a long time. I also have gotten sued by some of these guys. Those lawsuits never went anywhere. I fought them. I got them dismissed. But that's why there are not that many lawyers representing victims. There's a handful of us out there, but it's a very difficult area of practice because they come after us and we have to pay outside lawyers to represent us. You know, we're operating generally on a very thin margin. We're not getting paid hourly. We only get paid when we win. And it makes it very difficult. But it's. This is a. An increasingly common strategy to go after the accuser's lawyers to try to scare them. And I think it's really unfortunate. I think that case should be thrown out. I think Jay Z should have to pay his attorney's fees, and then he can face the case of the woman accusing him of rape.
- [27:53]
Marjorie Hernandez
There's also just a question of optics. I mean, the fact that he's going after the attorney. What do you think about that?
- [28:01]
Host 1
Well, you know, they say every story needs a villain. And Jay Z doesn't want to be a villain. He wants to make the attorney a villain. So that's the strategy. I think Jay Z ultimately probably will deny the charges. And look, here's what we know about people who are guilty or people who are innocent. They deny the charges. Both of them do. So the fact that somebody denies it or denies it really strongly or denies it in a way that seems very compelling because it was probably written by crisis managers, it really doesn't tell us anything. The case is going to be decided based on the evidence, the witnesses, the credibility. You know, was Jay Z there, for example? Was he at that party after the VMAs? I think in 2000. Was he there? Let's start with that. Was he there? If he wasn't there, he's got a pretty good defense. Well, I haven't heard that. And he's had time to figure it out and to think about it, because initially there was a letter, right? And there was some back and forth. So I don't know if there was a few weeks, a month, whatever, but that would be a very easy thing to look up. Was he there with Sean Combs? So, you know, I think all will be revealed in the case of itself.
- [29:14]
Marjorie Hernandez
Should he be worried that there could be an investigation into the allegations?
- [29:18]
Host 1
You mean a criminal investigation?
- [29:19]
Marjorie Hernandez
Yeah, criminal, yes.
- [29:21]
Host 1
He should definitely be worried yes.
- [29:24]
Kayla Brantley
Well, that was in his statement. He said, you know, why bring a civil suit? Why not bring on a criminal suit?
- [29:30]
Marjorie Hernandez
He's welcoming it.
- [29:31]
Host 1
Well, because the victims don't have the choice. The victims don't decide if a criminal case is going forward. Yes, you can go to the police, but then the police and the district attorneys will decide if they want to go forward. I've had many cases where my clients go to the police. The police usually are very polite and they take a report and then nothing happens. And then they come to me. Right. That's very, very common. And so she may have gone to the police and they may have done nothing. I don't know. In this new case involving Jay Z, what evidence there might be? Are there photos? For example, did she tell people contemporaneously, which would be very common. Maybe she didn't go to the police at the time. Maybe she told her mother, her best friend, her therapist. Right. That would be very helpful. Usually there is some additional evidence that is going to help the accuser.
- [30:19]
Kayla Brantley
And, Marjorie, you spoke about optics and how, you know, everyone's going to deny, as you said, Lisa Bloom, whether you're guilty or you're innocent. But when it comes to. And just call me a devil's advocate for point of conversation, when it comes to a settlement, say, you know, Daily Mail got our hands on the fact that Jay Z settled with, you know, someone who claims they were 13 when he raped her. When that comes out from the court of public opinion, he would appear to be guilty. So I think there's just kind of no winning, I guess, when you have these allegations against you.
- [31:04]
Host 1
Well, a couple of things. If there is a prior accuser who says that she was raped by jay Z at 13 and he settled with her, that would be very significant, very big for the current case, because that would show a pattern. So if that information is out there, I would hope that that person would come forward and talk to the attorney, any attorney. It could be me or it could be Mr. Busby who represents the accuser. I talk to an attorney. That's a confidential conversation. And find out if you can assist. But to your larger point, Kayla, about, you know, settlement makes everybody look guilty. I don't know. I think some people understand that sometimes people settle just to make something go away. The settlement amount is usually pretty significant. So I think about, you know, Pete Hegseth, who's currently being considered for Secretary of defense. He had a settlement with a woman. He says he didn't do it. The police refused to prosecute he paid her basically to make the whole thing go away because he wanted his job at Fox News. You know, I think a lot of people would look at that and say, yeah, okay, I get it. You know, I can understand why a person would do that. Doesn't necessarily mean he's guilty. Other people might look at it and say, you know, why did you pay her off if you're innocent? And why not fight it? But fighting these cases is hard. It can go on for years. If you're a high profile person, it can really damage your reputation. So part of it also depends on the settlement amount. I think if somebody settles for $50,000, it's very different than they settle for a million dollars. Right. If they settle for a bigger number, that indicates that the accuser probably had some pretty good evidence that the accused person is trying to suppress by way of the settlement.
- [32:45]
Marjorie Hernandez
I was just wondering if you've also followed the back and forth going on with the prosecution and the defense attorneys with the materials that were confiscated by investigators in Diddy's cell. Who went into Diddy's cell?
- [33:03]
Host 1
I haven't, but tell me.
- [33:05]
Marjorie Hernandez
There was a filing today that prosecutors said that they can't. If they don't release to us, the defense, what kind of materials they possibly have, then we can't respond to your, to your filing. So I thought that was very interesting. They're fighting about what can be revealed or not. What is attorney client privilege or not, I guess in the notebooks that were found in his cell.
- [33:35]
Host 1
So that's a very common fight that happens during the discovery phase. Objecting to something based on attorney client privilege. Attorney client privilege, pretty much sacrosanct. If you are writing a note, for example, for your attorney, that does not get turned over to the other side, that is privileged and confidential. If you have a conversation with your attorney, that should not be recorded in the prison system so that other people can hear, people should not be listening in, and you should not be asked questions about it later. What did you say to your attorney? What did your attorney say to you? That's privileged and confidential. The problem is sometimes people just write notes and then later on it's not clear, were you writing that for your attorney or were you just writing it for yourself? If you're writing it for yourself, it's not an attorney client communication. It's not privileged. You have to turn it over. They might then say, oh, oh, I just remembered. Yeah, I was writing that for my attorney. Let me just put at the top, dear attorney. Right. So the Court's going to see through that if you're playing games. Claims.
- [34:37]
Marjorie Hernandez
Right. Wow, that's interesting, because I think the notebook had a note saying that it was his notes from court. But then that's the argument whether or not this is material that should be also shared with prosecution or not. So.
- [34:51]
Host 1
Right. Notes from court. Even if he's sitting in court listening and taking notes, again, it's going to be a question of is that just for his own purposes, or was that for his attorneys and for his case?
- [35:03]
Marjorie Hernandez
Yeah, it's interesting. Lisa, there's one other thing that I found interesting that you mentioned. Going back to the Jay Z case, who's obviously also involving Diddy. They mentioned a celebrity, a female celebrity who was also in the room. Yes. And why. Can you tell us again, can you expand on why that particular detail is very important to the case?
- [35:29]
Host 1
Well, of course, we're all curious as to who that is. Is it somebody associated with Jay Z? Is it? I mean, who is it? And we just don't know. But from the point of view of the case, this person's going to be a witness. And probably one of the first things Jay Z's team will do in the discovery phase is file a request to say, who is this? And the plaintiff, the woman and her team, they're going to have to reveal it to Jay Z, and then they can go to talk to this witness and see if she remembers it the way that the accuser does. I also just think, you know, as somebody, I've been doing these kinds of cases for 40 years. I still have many, many active cases, and I kind of have a nose for when people are telling the truth and when they're not. And some of it is based on detail. Like, why would you add that detail in there if you're making up a story? In fact, if you're making up a story, it's better to not have witnesses in the room. Right. Because then they can come forward and say, well, that's not what happened. Right. So if. If she's saying, okay, it was Sean Combs, who we already know, is accused by many, many people. And, you know, many people have already come to the conclusion that he's a predator, so he's in the room. Okay. And then Jay Z, I don't know what their relationship, maybe, you know, did they have a close relationship? Were they friends? Did they hang out together at parties? I don't know. Jay Z's in the room, and then this female celebrity is there. If the accuser's attorney is doing his job well, he should have already reached out to the female celebrity and locked down her story like a written statement under oath. That's what we would do if there's a witness in the room, somebody really, really important like that. Now, if it's a celebrity, it might be very hard to get ahold of them. They might not want to talk to you. They might not want to help. Sometimes people do. Sometimes people have a fit of conscience and they actually want to help, but usually they don't. But you have to at least try. So that's a really interesting detail. Right?
- [37:28]
Kayla Brantley
Yeah. Everyone's wondering who it is.
- [37:31]
Marjorie Hernandez
Yeah. You also mentioned earlier that this can help out your case and other cases because this could show a pattern. Can you explain that a little bit?
- [37:41]
Host 1
Well, I don't know if this directly helps our case, but I do think that all of the accusers who come forward against Sean Combs are helping each other because there is strength in numbers. And when you're up against somebody that powerful and wealthy, if it's just one person, it's very difficult. If it's two people, still difficult. If it's three, if it's four. Okay. Now it's starting to seem more credible to the average person. Right. And now we're up to several dozen who have come forward. I think that really helps if even half of them are telling the truth. And probably, in my opinion, all of them are telling the truth. But let's just, you know, worst case scenario, if only half of them are telling the truth, it's still a big number of people who were sexually assaulted and trafficked by Sean Combs. So I think it does help. And the more people who come forward, the better.
- [38:36]
Marjorie Hernandez
Great to have Lisa back on the show. Thanks so much to her for giving up her time. We're still planning a new Q and A episode, so please keep all of your comments, thoughts, and suggestions coming. And in the meantime, what would you like us to cover? What other trials are you interested in? Let us know by email thetrialailymail.com or you can WhatsApp us on 447-796657, 512 and start your message with trial. As ever, thank you for listening. Please share all your comments, suggestions, and thoughts on the trial of Diddy on Apple or Spotify and follow us on TikTok@DailyMailCrime. Do follow the trial of Diddy, as we will be here each week with new information and expert guests. Goodbye.