Mo' Comey, Mo' Problems

Summary

Summary of "The Trial of Diddy" Podcast Episode: "Mo' Comey, Mo' Problems"

Episode Information:

• Title: Mo' Comey, Mo' Problems
• Release Date: December 6, 2024
• Hosts: Kayla Brantley, Germania Rodriguez & Marjorie Hernandez
• Producers: Serita Wesley, Rob Fitzpatrick
• Episode Focus: Updates on Sean 'Diddy' Combs' legal battles, recent court decisions, new allegations, and expert legal insights.

---

Introduction

In the latest episode of The Trial of Diddy, hosts Kayla Brantley, Germania Rodriguez, and Marjorie Hernandez delve deep into the ongoing legal saga surrounding Sean 'Diddy' Combs. The episode, titled "Mo' Comey, Mo' Problems," provides listeners with comprehensive updates on the multiple federal charges Combs faces, including sex trafficking, racketeering, and transportation to engage in prostitution.

---

Recent Court Decisions and Bail Denial

The episode opens with a discussion on the recent ruling by Federal Judge Aaron Subramanian regarding Diddy's bail application.

• Marjorie Hernandez [00:25]:

  "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."

• Kayla Brantley [02:20]:

  "Federal Judge Aaron Subramanian finally released his decision on whether Diddy could be released on bail. And it, not surprisingly, was a firm no."

Key Points:

• Bail Request Denied: Judge Subramanian denied Diddy's $50 million bail, citing insufficient assurance of community safety and Combs' potential to interfere with the case or flee.
• Reasons for Denial:
  • Pattern of Violence: Highlighted Diddy's history, including a 2016 incident where he was seen beating his ex-girlfriend Cassie.
  • Risk of Witness Tampering: Concerns over Combs attempting to influence potential witnesses.
• Diddy's Reaction: Brought to court without shackles, he displayed nonchalance by blowing kisses and forming a prayer sign before reviewing documents.

---

Allegations and New Lawsuits

The hosts discuss the emergence of new allegations against Diddy, notably the lawsuit filed by fashion designer Brianna Baina Bungolen.

• Marjorie Hernandez [10:01]:

  "Brianna claims she did not then and to this day does not know now what provoked the alleged incident. She's seeking 10 million dollars for damages from Combs."

• Kayla Brantley [11:43]:

  "Brianna alleges that this incident was a culmination of a series of threats, intimidation, and violence that colored many of her interactions with Mr. Combs."

Key Points:

• 2016 Incident: Brianna alleges that Diddy dangled her from the 17th-floor balcony during a confrontation, following prior aggressive behavior.
• Legal Stance: Diddy's legal team vehemently denies all allegations, branding the claims as "fictional" and asserting that evidence has been manipulated.
• Damages Sought: Brianna is pursuing substantial financial compensation for the alleged abuse.

---

Introduction of Maureen Comey to the Prosecution Team

A significant development discussed is the addition of Maureen Comey, daughter of former FBI Director James Comey, to the prosecution team.

• Kayla Brantley [13:50]:

  "She prosecuted Maxwell. So she has experience in this type of child sex trafficking case."

Key Points:

• Expertise: Maureen Comey brings substantial experience from her role in prosecuting high-profile cases like that of Ghislaine Maxwell.
• Implications: Her involvement suggests potential for additional indictments and a strengthened prosecution team, possibly influencing the trial timeline.

---

Legal Expert Analysis with David Gelman

The episode features insights from defense attorney David Gelman, who provides his perspective on the recent bail denial and the overall trajectory of Diddy's case.

• David Gelman [06:04]:

  "If you have $50 million or I have $50 million, you know, let's split it up or something here. But, you know, it doesn't matter how much money he puts up. The judge is not being swayed by the money."

• Gelman's Perspective:

  • Bail Denial Expected: Aligns with the defense's repeated attempts and consistent denials.
  • Focus on Trial Preparation: Emphasizes the need to concentrate on the upcoming trial scheduled for May 2025.
  • Attorney-Client Dynamics: Highlights potential challenges in managing a high-profile client like Diddy, who is accustomed to significant resources and influence.

---

Prosecutorial Strategies and Case Developments

The hosts explore ongoing prosecutorial actions, including witness tampering allegations and concerns over leaked information.

• Kayla Brantley [20:46]:

  "They had recordings of him talking to family members about coordinating like a PR campaign regarding his birthday."

• Key Points:

  • Witness Tampering Claims: Prosecution alleges that Diddy attempted to influence potential jurors through orchestrated public relations efforts.
  • Leak Clarifications: Prosecutors are distancing themselves from unauthorized media leaks, signaling heightened sensitivity to case confidentiality.
  • Judge's Considerations: Ongoing assessments of attorney-client privilege and the implications of seized notebooks from Combs' jail cell.

---

Future Prospects and Trial Expectations

Looking ahead, the episode speculates on the potential for additional charges and the feasibility of the trial proceeding as scheduled.

• Kayla Brantley [15:14]:

  "They might be getting ready to do... another indictment soon with more co-defendants."

• Marjorie Hernandez [19:42]:

  "But the obvious thing for them to pursue his bail. So they're doing everything they can on that. But I think it's unlikely."

Key Points:

• Possible Indictments: Introduction of new prosecutors and ongoing grand jury investigations hint at the likelihood of more charges and defendants.
• Trial Date Viability: Given the complexities and potential for additional indictments, the scheduled trial date in May 2025 may be subject to postponements.
• Change of Venue Unlikelihood: Due to the high-profile nature of the case, shifting the trial to a different jurisdiction is improbable.

---

Conclusion

The episode wraps up by reaffirming that Sean 'Diddy' Combs remains innocent until proven guilty, as maintained by his legal team. The hosts express anticipation for upcoming developments and underscore the significance of the trial, which, if convicted on all charges, could result in a life sentence for Combs.

• Marjorie Hernandez [25:06]:

  "But Diddy's such an... obviously, I don't know, when I think of New York, I think of Diddy. Do think he could get a fair trial there?"

• Kayla Brantley [25:12]:

  "I can't think of the last time the Southern District of New York did a change of venue."

The episode emphasizes the ongoing nature of the trial and the critical role of legal expertise and prosecutorial strategy in determining the outcome.

---

Notable Quotes:

• Marjorie Hernandez [00:03]:

  "Sean Diddy Combs had it all."

• David Gelman [06:04]:

  "The judge is not being swayed by the money."

• Kayla Brantley [20:46]:

  "They had recordings of him talking to family members about coordinating like a PR campaign regarding his birthday."

---

Final Thoughts:

"The Trial of Diddy" continues to provide in-depth coverage of one of the most high-profile legal cases in the entertainment industry. This episode, "Mo' Comey, Mo' Problems," offers listeners a nuanced understanding of the complexities involved in Diddy's legal battles, the strategic maneuvers of both the prosecution and defense, and the broader implications for the entertainment world.

---

Connect with the Podcast:

• Follow on X and Instagram: @thetrialpod
• Contact: [e-mail]
• Leave a Comment on Spotify or WhatsApp: [phone] (start your message with 'Trial')

---

This summary aims to encapsulate the essence of the podcast episode for those who have not listened, ensuring a comprehensive grasp of the ongoing trial of Sean 'Diddy' Combs.

Transcript

[Marjorie Hernandez]

Seriously popular.

[David Gelman]

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.

[Kayla Brantley]

The biggest secret in the entertainment industry that really wasn't a secret at all has finally been revealed to the world.

[Marjorie Hernandez]

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.

[Megan Kuniff]

Music mogul and rapper Sean Diddy Combs has faced four different lawsuits in recent weeks alleging sexual assault. Combs can be seen grabbing Ventura and.

[Kayla Brantley]

Throwing her to the ground.

[Marjorie Hernandez]

Oh, this guy is dangerous. Woman has now come forward.

[Kayla Brantley]

A legend comes of sexual assault.

[David Gelman]

She was drugged and sexually assaulted by Combs.

[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.

[Megan Kuniff]

Hey, I'm Kayla Brantley, reporter at large for the Daily Mail in Manhattan. Marjorie.

[Marjorie Hernandez]

And I'm Marjorie Hernandez, DailyMail.com's West coast news editor.

[Megan Kuniff]

And welcome to episode 13 of the trial of Diddy. And welcome back, Marjorie, who has been on vacation for the last two weeks.

[Marjorie Hernandez]

Thank you. Thank you so much. Happy to be back. I've been moving for the past two weeks and I don't see the end of it right now. I'm living in boxes. But good to be back.

[Megan Kuniff]

Well, it's very good to have you back. I'm very happy to have you back, and I'm sure our listeners have as well.

[Marjorie Hernandez]

Yeah. I missed so much. There's so much went on the past two weeks that I've been gone.

[Megan Kuniff]

Yeah. Yeah. So, two questions. One, did you miss us? Two, have you been keeping up with the events?

[Marjorie Hernandez]

Definitely, Definitely. Of course. Yeah. And a lot of startling news again coming out of court. So we'll get into it.

[Megan Kuniff]

Yeah. So we might as well just dig in on what's been going on over the last couple weeks since you've been out. So, shortly after our last episode last week, Federal Judge Aaron Subramanian finally released his decision on whether Diddy could be released on bail. And it, not surprisingly, was a firm no.

[Marjorie Hernandez]

That's right. Federal government attorneys had long argued against Diddy's $50 million bail package and claimed it, quote, does not come close to ensuring the security of the community. So they believe there was sufficient evidence that he actually interfered with the case or even tried to flee before the trial, which is now set for May 2025. And they also talked about an alleged, quote, pattern of violence toward women and his own staff. Now, his friends attorneys also argued that he's been unconstitutionally held in jail and effectively been silent since he was first arrested back in September. They went on to claim that the government had launched a campaign against Diddy to prevent him from getting a fair trial and that their client is, quote, not required to sit idly by and acquiesce to all of this.

[Megan Kuniff]

And Judge Subramanian, who had reportedly been open to the idea of releasing Combs to detention with around the clock security at a three bedroom apartment in Manhattan, decided last week that Combs should be denied bail for a third, third time and he'll now remain behind bars at the Metropolitan Detention center in Brooklyn. And like, you know, this all came just before Thanksgiving and he spent his Thanksgiving behind bars. Now, the judge also released his decision in a written ruling citing Diddy's own history of violence, specifically Combs beating his ex girlfriend Cassie In a 2016 hotel surveillance video, while also highlighting his belief in the serious radio risk of witness tampering.

[Marjorie Hernandez]

Yeah, that's right, Kayla. The ruling read. The court finds that the government has shown by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of the community. The, quote, compelling evidence of Combs's propensity for violence was also said to have influenced the judge's decision.

[Megan Kuniff]

And Combs family were all in court for the decision last week. And Diddy was actually brought in from a side door wearing a prison issued pale brown brown outfit. Apparently he blew his family kisses. He formed a prayer sign with his hands and tapped his heart before hugging his lawyers and putting on a pair of reading glasses to review the documents. Now, it's worth noting that Diddy was not shackled. And this came after his lawyers had argued that shackling him would offend the, quote, dignity of the court.

[Kayla Brantley]

Right.

[Marjorie Hernandez]

Diddy's lawyers had hit back and claimed that the prosecution's case is, quote, fictional and has had a, quote, theatrical spin on it. They have also claimed that the 2016 Cassie video was, quote, manipulated to look worse than it really is. But that's it. Diddy is not looking to get out anytime soon. And after three bail denials, it seems that it's unlikely that his lawyers will try again.

[Megan Kuniff]

Yeah, and we had a great guest on the show a couple of weeks ago, Marjorie. While you were out. It was defense attorney David Gelman. And so I caught up with him again after this decision, decision to get his take on it. And here it is. Okay, so David Gelman, there have been some updates. Diddy's bond was denied, which I think everyone kind of expected. What are your thoughts on that?

[David Gelman]

Well, Kayla, you're exactly right. Every I expected it. I mean, frankly, if you didn't expect it, probably got some issues. This was the third or fourth time that Diddy's defense attorneys requested a bond review. And each time was the same thing. The Judge and the U.S. attorney's office have all said they think that Diddy is a danger to the community where he is going to talk to other potential witnesses in the matter. And also it was alleged through court papers from the U.S. attorney's office, did he already did try to contact people, his family tried to contact people, his inner circle tried to contact individuals potentially to pay them off not to talk and did. He went to great lengths to do so. He even used other individuals in the federal pendant, federal prisons, social network to kind of help and facilitate everything. So all these things coming together, it doesn't matter how much money did he is putting up for bond, he could put a billion dollars up.

[Megan Kuniff]

Yeah, I don't think million is a lot.

[David Gelman]

I mean, I'm look, If you have 50 million or I have 50 million, you know, let's split it up or something here. But, you know, it doesn't matter how much money he puts up. Again, it could be a billion dollars. The judge is not being swayed by the money and it's certain and even, you know, without the other conditions that the defense attorneys put up for that, he can only be in one or two houses. He can't have Internet connections or anything like that. The judge didn't buy it. And you know, you could see that through the tea leaves automatically.

[Megan Kuniff]

So this was the third request for bail that was denied. Do you see a fourth happening? How long can this go on? How many requests for bail can this team really put up?

[David Gelman]

I mean, they could do one every week if they wanted to, but that would be foolish. I don't think it's going to happen much more or unless the trial is postponed, which I don't think it's going to be happening when they say when they have it scheduled in April or May, there's just no way it'll happen. I can't anticipate that. They would probably try to file another bail motion before, you know, right around that time. And again, let's Remember this. The client is probably the one dictating this to the attorneys. The attorneys aren't, you know, saying, oh, let's, you know, file another bail or motion. You know, you have a client in P. Diddy who probably is not the most easiest guy to deal with, I would assume right now. And he's been used to getting everything he's ever wanted. And, you know, he's got a lot of money. He can do that. But when you are in the legal system and when you are in a federal jail, things change a little bit.

[Megan Kuniff]

So say you were a part of Diddy's legal team right now. Third request for bail has been denied. What's your next steps?

[David Gelman]

Prepare. Prepare for trial. That's what I would say. Look, I always tell this to clients. You're my client, and I'm going to do what I think is the best for you. And in this situation because you're paying me a lot of money to do that. I don't want your opinion unless I'm asking for it. And, you know, it's called client control. You have to have it. If you don't, you're probably not going to be a very good attorney doing it. So you have to tell your client the truth, even though they may not want to hear it. And I don't know what the relationship is between Diddy and his attorneys, but they should probably have some better client control. And even though it's P. Diddy, he's a very powerful individual, very hard nose, if you will. From what I understand, you still got to do a job. So I would say, Diddy, let's stop worrying about your bail. Not going to happen. Let's try to prepare for trial.

[Marjorie Hernandez]

Great to hear from David again. But that's not all, because last week Rolling Stone had a story which was soon followed up elsewhere, that reported the fashion designer Brianna Baina Bungolen had accused Diddy of dangling her from the 17th floor balcony of Cassie Ventura's apartment during an altercation. In her lawsuit, she stated that the incident happened in also in 2016 and began with Diddy shouting and banging on the front door. Now, Diddy allegedly grabbed and molested her before lifting her up and dangling her from the balcony. A rep from Diddy's legal team told BBC this week that he, quote, firmly denies these serious allegations in this new lawsuit and, quote, remains confident they will ultimately be proven baseless.

[Megan Kuniff]

Yeah. And that statement went on, quote, anyone has the right to file a lawsuit regardless of the evidence they may or may not have, adding that Mr. Combs, quote, has unwavering faith in the facts and in the fairness of the judicial process. Brianna claims she did not then and to this day does not know now what provoked the alleged incident. She's seeking 10 million doll dollars or that 7.89 million pounds for our friends in the UK in damages from Combs.

[Marjorie Hernandez]

In her lawsuit, Brianna alleged that this incident was a, quote, culmination of a series of threats, intimidation and violence that colored many of Ms. Bongolence interactions with Mr. Combs from the day she met him and went on to allege that she endured, quote, terror and abuse from Combs throughout their professional relationship.

[Megan Kuniff]

But wait, there's more. There's always more with this case. And it was reported on Monday this week that lawyer Maureen Comey, who is the daughter of former FBI Director James Comey, has notified the court that she's joined the case. Now, she's probably best known as one of the three lead prosecutors who helped deliver the 2021 conviction against Ghislaine Maxwell, who, as we know, was the madam for Jeffrey Epstein, who was convicted of sexually abusing and trafficking minors.

[Marjorie Hernandez]

Right. And this actually links with our first story as Comey joined the case right after Diddy's third failed attempt to be released on bail. And as we've said many times on this podcast, the trial is currently set to start on May 5th of next year. And if convicted of all charges, he faces a potential life sentence.

[Megan Kuniff]

Yes. Which also brings me to something else we've said many times on this podcast. To be clear, Diddy has not been convicted of anything and he and his attorneys have always maintained the rapper's innocence. They provided DailyMail.com with a statement that Sean Combs has never sexually assaulted or trafficked anyone, whether they be, quote, man or woman, adult or minor.

[Marjorie Hernandez]

Now with that said, let's get to today's guest legal affairs reporter Megan Kuniff. Megan is based in Southern California and has a history of breaking legal news, investigations and truly memorable trial coverage, particularly the latest one with rapper Tory Lanez. December 2022 trial for shooting rapper Megan Thee Stallion.

[Megan Kuniff]

Washington Post called Megan arguably the most influential legal journalist working today. So you can guess how delighted we are to have her on the trial of Diddy.

[Marjorie Hernandez]

So on Diddy's criminal case out in Manhattan, the latest now is Maureen Reincomi joining the prosecution team, who is, as we all know, as the former FBI director James Comey's daughter. Was wondering if you could tell us a little bit about her.

[Kayla Brantley]

I, I know she was the prosecutor on the Julian Maxwell case. You know, I, I just saw that this morning and I, I'm not sure if it's an addition of a prosecutor or just the. She's replacing somebody who left, but it could indicate that they're getting ready to do. Yeah, because they're, they have the grand jury proceeding going on, so there could be another indictment coming. But I mean it's, it's just another AUSA joining the case who has experience in sex trafficking cases.

[Marjorie Hernandez]

Right. And so again, as, so she was the lead prosecutor in the case against Ghislaine Maxwell, is that correct?

[Kayla Brantley]

Yes, yes, she was. She prosecuted Maxwell. So she has experience in this type of child. In the sex trafficking case and then also child sex trafficking.

[Marjorie Hernandez]

I understand she's also an expert in racketeering and obviously sex crimes. Right. So could that spell trouble for people who are in Diddy's circle?

[Kayla Brantley]

I mean, I think the grand jury investigation that's ongoing is the biggest thing that spells trouble for him. So I think the addition of the new prosecutor, I mean, like I said, she might be just replacing, so I'd have to check. I've been so busy with the YSL trial that I haven't. But I mean, she, she's an experienced AUSA in the Southern District of New York and she's joining the case. So it could indicate that perhaps there's going to be another indictment soon with more co defendants and. But that's what everyone's been expecting anyway.

[Marjorie Hernandez]

Yeah. Would it would be a superseding indictment or you think another probably co conspirator.

[Kayla Brantley]

Who would be indicted superseding on him with other co defendants? I think.

[Marjorie Hernandez]

So that would conceivably push the trial date again.

[Kayla Brantley]

Yeah, definitely. I mean, the idea that he's actually going to go to trial in May is kind of, I don't think that's ever going to happen. But he's not currently it's scheduled in May because he's not waiving his right to a speedy trial. So they, but they can force a trial continuance even if he won't waive his right if he has co defendants. So. And they've, I mean, they've said that there's an ongoing grand jury investigation. Usually when you have a conspiracy case, you get, you know, co indictees.

[Marjorie Hernandez]

So we should look out for possible more names coming in and more indictments coming in.

[Kayla Brantley]

Good. I mean, they've, prosecutors have said that they've point blank said there's another grand jury investigation going on.

[Marjorie Hernandez]

And I saw you just actually tweeted not too long ago that Diddy's lawyers are saying he still has not received his laptop. Can you tell us a little bit about that and what they filed recently?

[Kayla Brantley]

Yeah, they filed a letter today, his lawyers complaining about a lack of access to a laptop. And then the restrictions that they've placed on him, they don't like, it's like really limited where he can, when he can look at it. So they want that lifted. It's, it's a request to the judge on that. So that was just filed today.

[Marjorie Hernandez]

So is that possibly to look at, I guess evidence?

[Kayla Brantley]

Yeah, it'd be, it'd be to prepare for the case, do discovery, look at discovery, that kind of thing. Do, do case preparation. And, and that's common. You definitely see that in other cases with incarcerated inmates where they have access to laptops. And his, his lawyers are saying the restrictions he faces are, are more restrictive than what others have had to face.

[Megan Kuniff]

Megan, just for our listeners who might not be familiar with your work, you cover a lot of high profile entertainment trials. You know, you were just covering the YSL case and so covering this ditty case. How do you usually approach these types of very high profile cases?

[Kayla Brantley]

I think in a case like this, people are really interested in the filings and kind of the goings on, you know, all the intricate details that the lawyers are talking about in the PACER file. So I've been, I look at those case documents and I try to prioritize posting, you know, new updates on the criminal case. But there's so many civil cases going on that I'm not really tracking everything on that. But I am paying attention to the anonymity requests that we're seeing in the Southern District of New York where the plaintiffs want to proceed anonymously under Jane Doe or John Doe and they're having to litigate that through with some opposition. So I think that's an interesting thing to look at, but just that all the allegations that are being thrown around, I'm not, I'm not digging into all those.

[Megan Kuniff]

And are you planning to be there for his trial in court, whenever that may be?

[Kayla Brantley]

It depends on when it happens. Like I said, I don't think it's actually going to happen next year. Probably more is going to happen maybe in 2026. And the way the Southern District of New York works, it's not very welcoming to outside reporters. If you don't, if you're not there all the time, you can't get credentials for the media room. And the media room is where all the Live transmitting, going, goes on, live posting, typing on a computer. And if you don't have access to the media room, you would just go to the courtroom, which is great, but you would just be taking notes by. So it just kind of depends on the logistics of, of things there and how it works. And like I said, if, you know, when it actually goes to trial, it's going to be a long time.

[Megan Kuniff]

Yeah, everyone's been saying that it's going to, it's not going to happen in May. And from your experience, it sounds like it's, you know, open shut, not happening in May.

[Kayla Brantley]

Well, I mean, I wouldn't, I couldn't say that for sure. But just the fact he's not waiving his right to a speedy trial. So if they don't get Coinditis, he, he could force him to, to trial in May, but if he gets other charges or Coin dies, they can change that. So I think it's pretty much, you.

[Marjorie Hernandez]

Know, we'll see in terms of. I know obviously it's an ongoing case. They're still investigating. And he's still in jail. For the third time he's tried to bail out of jail, but again, unsuccessfully. Can you talk a little bit about that? I mean, how many times can he keep trying?

[Kayla Brantley]

I think, I think we'll see an appeal to the Second Circuit. So that would be his fourth time. And I think it's just kind of an example of having a lot of money and a lot of lawyers. But in the end, there's only so much the lawyers can do for him in terms of, you know, he's been indicted. Anything that comes up, they're obviously pursuing and being really aggressive about it. But the obvious thing for them to pursue his bail. So they're doing everything they can on that. But I think it's unlikely that. I mean, it was, it was always unlikely because the charges favor pre incarceration, and it was always unlikely he was going to change anyone's mind on that. So I think it's unlikely the 2nd Circuit is going to do anything for him, but, you know, his lawyers are always going to be able to find a way to spend his money.

[Marjorie Hernandez]

We talk a little bit about the new request to get his laptop in jail, but there has been some back and forth also with the prosecutors saying that he, he's allegedly tampering with witnesses. Can, can you speak a little bit about that and their accusations on that?

[Kayla Brantley]

Yeah, he, they filed something a while ago saying that he was using the jail phones, unauthorized use of the jail phones, doing Three way calls and paying other inmates to let him use their, his, their access codes to access it Access calls so his call wouldn't be traceable. And they had recordings of him talking to family members about coordinating like a PR campaign regarding his birthday. And a lot of it is redacted in the public filings. So we don't know exactly what he was saying, but they, they're saying that it, he basically acknowledges he's, he's trying to influence potential jurors that he thinks that they see these happy birthday posts for him or something that, you know, if anyone eventually gets on the jury that's going to somehow persuade them or something. So the, the lawyers were pointing or the prosecutors were pointing to that as, you know, sign of witness to every sign of he shouldn't be out on. In, out on bond if, if he's doing this stuff in jail.

[Marjorie Hernandez]

I mean, obviously trial has not started yet. We're a long way from that. But there's already a lot of back and forth between the prosecutors and the defense attorneys. One of the things I also found interesting was the prosecution actually had written a memo, I think, saying that they were not the sources of some leaks to the media.

[Kayla Brantley]

I don't know if they filed that. They're supposed to file that by the end of the day. I mean, I, last time I checked like an hour ago, I hadn't seen it, but I haven't checked my phone and see if they have another, another filing in. But yeah, the judge had taken them up on their offer to, they said that they would file an affidavit saying no one on the government leak. The video of Diddy assaulting Cassie in the hotel. I think that's what it was. I'd have to write a check. But they, they have until the end of the day to file that. So we might not see that until tonight.

[Marjorie Hernandez]

The fact that they're even having to talk about that and saying, look, we're not the source, I mean, is that out of the ordinary?

[Kayla Brantley]

Yeah, yeah, it is. And it just shows that. I think it might be part of the judge's consideration of whether the, of what's going on with the attorney client privilege issues and the notebook seized from his jail cell, because that's one ongoing issue for the judge is to determine, is to determine that. So I think he's just trying to assess, you know, what all is going on with the case. But, but yeah, I think it's unusual to have to have that. But also I think, I think there's a ton of federal cases that go on everywhere that don't get any coverage. So I can't say that that's rare because it might actually happen a lot. But I mean, this is just a really high profile case, so that's why we, we notice it. But there's a lot of pretty intense litigation that goes on. And when you have aggressive defense attorneys like that in a judge who's, you know, wanting to, wanting to make sure everything's going on correctly, you can see.

[Marjorie Hernandez]

Things forced like that will be in a lot of back and forth again before this case ever comes to trial.

[Kayla Brantley]

Yeah, yeah, yeah.

[Megan Kuniff]

And you do make a great point, Megan, that this is such a high profile case and, you know, someone could be accused and charged with the same charges as Diddy, but because of the scale, it's just blown up. How do you feel that that affects then the trial itself?

[Kayla Brantley]

I mean, when his, his lawyers complain about the civil suits and all the civil attorneys talking out against him and saying that it's gonna, you know, hurt his right to a fair trial, I mean, it doesn't seem like they're wrong, but it's just kind of a matter. I, I also think that we live in such a, almost like fragmented society that it's not hard to find 12 people who have not really followed the case. You know, it's in, in Manhattan where they pull the jury pool from. I don't think it's going to be that hard to find 12 people who have been, you know, busy enough that they're not even really paying attention to this case. So that's what I thought was most interesting about his birthday PR campaign. Not the fact that he was doing it, but just the fact that he somehow thought that that could work.

[Marjorie Hernandez]

Yeah.

[Kayla Brantley]

Like with somehow influence a juror like later on.

[Megan Kuniff]

Not everyone is like us watching every step.

[Kayla Brantley]

Yeah, yeah, exactly, exactly.

[Marjorie Hernandez]

But Diddy's such a. Obviously, I don't know, when I think of New York, I think of Diddy. Do think he could get a fair trial there?

[Kayla Brantley]

Yeah, I think the Yankees and the Mets and the Knicks. So it just kind of depends on what your flavor is, you know.

[Megan Kuniff]

Good point.

[Kayla Brantley]

I mean, I, I just remember living in Spokane, Washington and covering criminal trials there. And I remember wanting to do a preview article on a trial before jury selection started and the prosecutor being really concerned because I was calling the prosecutor's office to talk to him about the case and them really not wanting me to do an article because they're like, it's going to influence the jury pool. And if you think about in the jury pool in Spokane county, and it's the local paper that back in like 2008 was still widely read and subscribed to. And the editors pointed out to me that it's really not the newspaper's job to concern about, be concerned about that. And it's a little inappropriate to have the government asking the newspaper to be concerned about that. And I remember actually going in, we did the article and we went and listened to it, was listening to the jury selection and you'd be amazed how many people had never heard of the case before. I mean, it just ran in the, it's not that hard to find a bunch of people who have no idea about a major event going on in their own town.

[Marjorie Hernandez]

Yeah, let's hope so. Because I can't even imagine taking the case out of New York. I mean, where would you put it? I mean, everybody knows.

[Kayla Brantley]

Yeah, I, I can't think of the last time the Southern District of New York did a change of venue.

[Marjorie Hernandez]

Right.

[Kayla Brantley]

I mean, maybe it's happened, but I, I haven't heard of it.

[Marjorie Hernandez]

But talk about, you know, obviously people are curious as to who would be on this witness list.

[Kayla Brantley]

I don't know. I mean, I, I, I haven't heard anything. I mean, they don't have to file that or anything, but that's definitely something as lawyers are looking at right now for sure.

[Marjorie Hernandez]

And that's all we have time for today. Huge thanks to Megan Cuneiff and David Gelman for coming on today's show and we will be back with more next week. In the meantime, what else 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 447-796-57512 and start your message with trial.

[Megan Kuniff]

Thank you for listening and please share all your comments, suggestions and thoughts on the Trial of Diddy on Apple or Spotify and follow us on TikTok at Daily Mail. Crime do follow the Trial of Diddy podcast as we will be here each week with new information and expert guests. Goodbye.