The Prior Bad Acts Question

Summary

The Trial of Diddy: Episode Summary – "The Prior Bad Acts Question"

Release Date: April 10, 2025

In this gripping episode of "The Trial of Diddy," hosts Kayla Brantley and Marjorie Hernandez delve deep into the unfolding legal saga surrounding Sean 'Diddy' Combs. As one of the most influential figures in the music industry during the 90s and 2000s, Diddy's fall from grace has captivated audiences worldwide. This episode, titled "The Prior Bad Acts Question," provides a comprehensive analysis of recent legal maneuvers, new allegations, and the impending trial dynamics.

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1. Overview of Charges Against Diddy

The episode opens with a stark portrayal of Diddy's current predicament. Once a revered music mogul and rapper, Diddy now faces severe federal charges in New York, including sex trafficking, racketeering, and transportation to engage in prostitution.

• Kayla Brantley (00:03): "Sean ‘Diddy’ Combs had it all. He denies all charges and has pled not guilty to sex trafficking, racketeering and transportation to engage in prostitution."

Marjorie Hernandez adds context to the stark contrast between Diddy's illustrious past and his current legal battles:

• Marjorie Hernandez (00:25): "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."

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2. Recent Legal Developments: Motion to Exclude Prior Bad Acts Evidence

A significant portion of the episode centers on the defense's motion to exclude prior bad acts evidence. This legal maneuver aims to prevent the prosecution from introducing evidence of Diddy's past actions that aren't directly related to the current charges but may suggest a pattern of behavior.

• Marjorie Hernandez (02:35): "Prior bad acts is actually a legal term that refers to evidence of past actions that's not directly related to the current charges that the defendant has committed."

Prosecution's Stance: The prosecution argues that this evidence is crucial to establish Diddy's propensity to commit the crimes he is currently charged with.

• Kayla Brantley (03:53): "To resolve that dispute, the jury is entitled to hear the testimony... It proves that the defendant intended to take the sexual gratification he wanted regardless of consent."

Defense's Argument: Conversely, Diddy's legal team contends that introducing such evidence is prejudicial and could overcomplicate the trial, potentially delaying proceedings.

• Marjorie Hernandez (04:56): "Defense attorneys are saying... if the judge allows all of these other prior bad act witnesses, this could lead to many trials... it could push back the trial."

The episode highlights the strategic tug-of-war between the prosecution and defense, emphasizing the judge's pivotal role in determining the admissibility of this evidence.

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3. Amendments to the Indictment: New Charges Filed

In a rapid development, federal prosecutors amended the indictment against Diddy for a third time, introducing two additional charges:

1. Sex Trafficking
2. Transportation to Engage in Prostitution

These charges specifically involve a woman referred to as Victim Two, alleging that Diddy coerced her into prostitution between 2021 and 2024.

• Marjorie Hernandez (05:58): "Prosecutors have alleged that Combs used forced fraud or coercion to recruit, harbor and transport the woman across state lines with the intent of engaging in prostitution."

The defense swiftly responded to these additions:

• Diddy's Lawyer (06:20): "These are not new allegations or new accusers. These are the same individuals... involved in consensual relationships... defined by consent, not coercion."

This exchange underscores the ongoing battle over the narrative of consent versus coercion in the allegations against Diddy.

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4. Public Allegations: Terrence Howard Comes Forward

A pivotal moment in this episode is the revelation that Terrence Howard, a prominent actor known for his role as Iron Man in the Empire series, has publicly accused Diddy of making a sexual advance towards him.

• Marjorie Hernandez (08:16): "Last Friday, Terrence Howard became the first major star to speak up alleging Diddy made a sexual advance towards him during... a bizarre encounter."

Howard recounted the unsettling encounter on the PBD podcast:

• Terrence Howard (08:50): "Diddy simply sat there staring at me to the point where it began to make me feel uncomfortable."

This allegation marks a significant expansion of the accusations against Diddy, potentially influencing public perception and the trial's trajectory.

• Kayla Brantley (09:25): "This is a pretty big star to come out and claim that against Diddy... we've been saying how we haven't seen any support, any public support for Diddy, really."

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5. Anticipating the Trial: Jury Selection and Media Coverage

With the trial date set for May 5, the hosts discuss the logistical and procedural aspects leading up to the trial.

• Marjorie Hernandez (08:16): "It's 33 days until the trial itself begins, but only 26 days until May 5 when jury selection starts."

Kayla Brantley shares her plans to cover the trial closely, aiming to provide real-time updates despite the restricted access to the courthouse.

• Kayla Brantley (12:26): "I could get down to the courthouse within 20 minutes on the subway... We'll find out once we're actually in court."

Marjorie expresses enthusiasm about potentially joining Kayla at the courthouse to deliver firsthand accounts.

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6. The Bigger Picture: Implications for Victims and Public Perception

The episode concludes by reflecting on the broader implications of the trial, especially concerning victim testimony and the battle over Diddy's character assessment.

• Marjorie Hernandez (07:24): "This really boils down to victim testimony. It's Diddy's word against all of these alleged victims."

The hosts emphasize the significance of determining Diddy's propensity to commit these crimes and the role that additional witness testimonies may play in shaping the jury's perspective.

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Notable Quotes

• Kayla Brantley (00:03): "Sean ‘Diddy’ Combs had it all. He denies all charges and has pled not guilty to sex trafficking, racketeering and transportation to engage in prostitution."

• Marjorie Hernandez (02:35): "Prior bad acts is actually a legal term that refers to evidence of past actions that's not directly related to the current charges that the defendant has committed."

• Kayla Brantley (03:53): "...it proves that the defendant intended to take the sexual gratification he wanted regardless of consent."

• Diddy's Lawyer (06:20): "These are not new allegations or new accusers... defined by consent, not coercion."

• Terrence Howard (08:50): "Diddy simply sat there staring at me to the point where it began to make me feel uncomfortable."

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Conclusion

This episode of "The Trial of Diddy" offers an in-depth exploration of the intricate legal strategies at play in one of the most high-profile cases of the decade. With new charges filed, influential figures coming forward, and critical legal motions underway, the path to the courtroom promises to be as tumultuous as it is revealing. Listeners are left with a keen anticipation of how these developments will influence the forthcoming trial and the legacy of an artist who once dominated the music scene.

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Transcript

[Marjorie Hernandez]

Seriously popular.

[Kayla Brantley]

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.

[Marjorie Hernandez]

The biggest secret in the entertainment industry.

[Kayla Brantley]

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.

[Kayla Brantley]

Music mogul and rapper Sean Diddy Combs has faced four different lawsuits in recent weeks alleging sexual assault.

[Marjorie Hernandez]

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. A legend comes of sexual assault.

[Kayla Brantley]

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.

[Kayla Brantley]

Hey, I'm Kayla Brantley, reporter at large for Daily Mail in New York.

[Marjorie Hernandez]

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

[Kayla Brantley]

And welcome to episode 31 of the trial of Diddy. And yet again, Marge, what a week it's been. And before we get into it, we're planning a show where we answer some of your questions as the listeners about the trial itself. So if you've got a query that's been burning a hole in your brain for a while, let us know in the comments or email us the trial dailymail.com now. So to the big news of the last few days. That came in a motion filed right at the end of last week when it was confirmed that Cassie Ventura, Diddy's ex, will testify against Diddy under her own name in court rather than testifying anonymously as prosecutors had previously stated. The Southern District of New York federal judiciary also revealed last Monday that they planned to include testimony about, quote, sexual abuse of other victims at Combs trial.

[Marjorie Hernandez]

And of course, there's more. On the same day, April 4, Denise legal team filed a motion to exclude, quote, prior bad acts evidence.

[Kayla Brantley]

Yeah, Marjen, you wrote a really good story on that. What was in your reporting?

[Marjorie Hernandez]

Yeah, we obtained some court documents from both sides and essentially prior bad acts. That is actually a legal term that refers to evidence of past actions that's not actually directly related to the current charges that defendant has committed. So again, in this case, the prosecution wants to introduce evidence which is here, more than likely other witnesses who can testify about their own experiences of abuse or sexual assault with Diddy, which prosecutors say will show his character or what they say, propensity to commit the crimes that he has been charged with. So now these witnesses are in addition to the four named victims who are Indidi's criminal complaint, including Cassie. As we mentioned, normally prior bad acts evidence are not actually admissible. But there are exceptions, especially in cases like this in sexual assault trials, where the evidence may be allowed to prove motive or intent. And that's what essentially both sides are arguing right now. Dede's attorneys don't want those witnesses to come forward and take the stand. And prosecutors saying, look, we need these new witnesses to come forward and to talk about a pattern of behavior that Diddy has had.

[Kayla Brantley]

Yeah. And then the prosecution really wasted no time in replying to that, saying, quote, since his arrest, the defendant has insisted that every victim in this case consented to every act the government has identified. Having made his intention to argue at trial that he believed every alleged coercive sex act was consensual, the defendant has put his knowledge and intent so squarely at issue. And then the statement goes on to say, quote, to resolve that dispute, the jury is entitled to hear the testimony of. And then they redact the name. That testimony powerfully establishes that the defendant made no mistake when he coerced other victims into unwanted sex. It proves that the defendant intended to take the sexual gratification he wanted regardless of consent. The defense's motion to prevent the jury from hearing this damning evidence should be denied, end quote. And that really says it all. That's a very powerful statement from that side. And, yeah, let's talk about that more like, what does that mean? And, you know, the judge hasn't really spoken on it yet, Marge.

[Marjorie Hernandez]

Right. It'll be interesting to see whether or not they'll have another hearing just to argue in front of the judge about this. They both sides prosecution. And did his defense team have laid out their arguments. It would be up to the judge whether he actually just goes ahead again, makes the order, or it will be argued in court in another hearing. So what is interesting here is defense attorneys are saying, look, if the judge will allow all of these other prior bad act witnesses, this could lead to many trials. They would argue, you know, they shouldn't be allowed to testify because it would be too prejudicial. So this could. Who knows how long it'll take in terms of actually getting the trial started, that could mean that it could push back the trial. I don't know. Now, the defense attorneys also argued, look, we can argue this for another trial even before we break the jury. So right now we're not quite sure where it will land. So anxiously waiting to see what the judge says.

[Kayla Brantley]

Yeah. And that just sounds like there's a lot to do before the start of the trial and before, you know, selecting the jury and everything. But on the same day, federal prosecutors amended the indictment against Combs for a third time by adding two new charges of sex trafficking and transportation to engage in prostitution. Both these charges relate to a woman known only as Victim two. Prosecutors have alleged that Combs used forced fraud or coercion to recruit, harbor and transport the woman across state lines with the intent of engaging in prostitution. And all this happened between 2021 and 2024. They say this new charge carries a mandatory minimum sentence of 15 years in prison. In a statement, Combs lawyer said, quote, unquote, these are not new allegations or new accusers. These are the same individuals, former long term girlfriends, who are involved in consensual relationships. This was their private sex life defined by consent, not coercion. And I think that's interesting because when we were talking to Renato, what he kept bringing up was the argument that Diddy's team is going to make that like, yeah, a lot of this stuff could have happened and maybe it did happen, but it was all consensual. And that's exactly what you're seeing Diddy's team saying here, saying that it was their private sex life and, you know, he didn't coerce them to do any of this, that it was all consensual. So we're already really getting a little bit of that taste here.

[Marjorie Hernandez]

Yeah. And what going back to now, the argument over whether or not to bring forth the prior bad act witnesses, you know, this really boils down to victim testimony. It's Diddy's word against all of these alleged victims. And that's why it's so important to see whether or not they're even be more people who could take the stand and what kind of other evidence that they have to show his, quote, unquote propensity to commit these crimes. So we shall see how that shakes out and whether the judge will actually allow it.

[Kayla Brantley]

There's so much more coming up, but for now, let's pause for a break. Foreign welcome back to the trial of Diddy.

[Marjorie Hernandez]

And now as we record this on Wednesday, it's 33 days until the trial itself begins, but only 26 days until May 5 when jury selection starts. So we are getting very, very close to this incredible case beginning properly. And as we get closer, some big names are beginning to come out and see speak publicly. Last Friday, Iron man and Empire actor Terrence Howard became the first major star speak up, alleging Diddy made a sexual advance towards him during what he described as a, quote, bizarre encounter. While appearing on the PBD podcast, 56 year old Howard told a story about Diddy saying, he, quote, invited me for weeks, asking me to be his acting coach for a while. However, when they met, Howard alleged that Diddy simply sat there staring at him to the point where it began to make him feel uncomfortable.

[Kayla Brantley]

Yeah, and at one point in the story, Howard says that he was asked by Diddy to play some of his own music. And he did, but says that Diddy continued to, quote, look at him, making him feel, quote, bewildered. Later, apparently feeling unsettled by the encounter, Terrence Howard claims he confided his discomfort to his assistant, who suspected that Diddy had been making a subtle sexual advance. I think he's trying to f you, Howard remembers the assistant saying of Diddy. We have, of course reached out to Diddy's team for comment, and it's important to reiterate that Diddy has vi vehemently denied all allegations made in all recent lawsuits filed against him, and he has also denied all federal charges filed against him last year. Like everyone else in the legal system, he remains innocent until proven guilty. I mean, I think this is a pretty big star to come out and claim that against Diddy. And it's a very, you know, famous prominent male actor. And, you know, we've been saying how we haven't seen any support, any public support for Diddy, really, I mean, other than Kanye. But everyone who has come out against him, you know, other than like Cassie and Dawn Richard, those were all women in his orbit. I don't think anyone really placed Terrence Howard with Diddy, you know, even as friends. Really?

[Marjorie Hernandez]

Yeah, truly, really. I was a bit shocked about the story, but as you mentioned, most people have turned their backs on Diddy. So now I think more and more people are going to feel more comfortable to come out there with their own experiences with him. And of course, we are all still waiting on who the prosecutors were actually called to the stand. We don't even know who was on that witness list. Could be some celebrities there, we don't know yet.

[Kayla Brantley]

Yeah, I think that is what everyone's really going to be looking for. And of course we don't want to speculate because our lawyers will not let us do that. But, um, yeah, we will just see, you know, who's walking up into that courthouse. Um, maybe sneaking through back doors on the day of, and then we find it out once we're actually in court. I mean, I'm definitely gonna try to be down at the courthouse and find out.

[Marjorie Hernandez]

Exciting.

[Kayla Brantley]

I know you're in la. I'm here in New York. I could get down to the courthouse within 20 minutes on the subway. Um, you're gonna be coming, I hope?

[Marjorie Hernandez]

Yes, I'm planning to be there as well. Don't know for the duration of the trial, but definitely the trial will be out there.

[Kayla Brantley]

We do have a reporter who will be in the court every single day. You know, it's very limited. You can't really have your laptops or only certain people are allowed electronics. And we have a designated reporter there who will be writing down everything as they hear it, you know, color commentary and sending it back to us to our news desk. I'm going to go down there, try to get a seat either in the courtroom in the overflow room, and if I can't get inside, don't worry, guys, I will be right outside. Make a play by play of everything that we see. Hopefully, you know, we'll see what celebrities show up. Maybe some Diddy supporters. I can just imagine with a high profile case like this that it'll be a sight to see.

[Marjorie Hernandez]

Kayla, you've covered other cases before. That's high profile. Can you tell us just how chaotic it can get?

[Kayla Brantley]

Yeah, so I never really go down to the courthouse. I more so in my past being a news reporter have been the one on the receiving end. So Dan Bates will always be in court. He's an excellent courthouse reporter. And then he files like dribs and drabs of, you know, notes as they're happening. Maybe every like 5 to 10 minutes, little updates here and there. And then I would then take that, you know, put it into a real story. We did that with the Epstein case, which was absolutely huge because it was the same federal deal where, you know, all you're getting is court sketches. At the end of the day, you're not getting live photos and a live feed. Unlike Amber Heard and Johnny Depp, which I worked on, which was, you know, livestreamed. I watched it all day long. I just remember for the Epstein trial and the Ghislaine Maxwell trial especially, you see every day, you know, pictures coming through of the victims who were showing up to court with their lawyers. You know Lisa Bloom, a friend of the pod, a lot of times would be picked pictured walking into the court with her clients. And then as it happens, we're getting real time updates from inside the court. So I'm excited to be at the courthouse this time. Hopefully I get inside and I will be reporting back everything I hear.

[Marjorie Hernandez]

Great. And I'm hoping to join you as well.

[Kayla Brantley]

I know I would love if you were over here. That would be awesome.

[Marjorie Hernandez]

So for now, that's it. And as we prepare for Diddy's own trial in May, what other trials would you like us to cover? Let us know by email thetrialailymail.com or you can WhatsApp us on 447-7966-57512. Start your message with Trial.

[Kayla Brantley]

Thank you for listening. Please share all your comments, suggestions and thoughts on the trial of Diddy on Apple or Spot Spotify and follow us on Tik tokaily Mail Crime. And please remember next week we'll be answering all of your burning questions. So make sure to email us, text us and do follow the trial of Diddy as we will be here each week with fresh information, new insights and some expert guests. Goodbye.