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David Gelman
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. 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.
Kayla Brantley
Music mogul and rapper Sean Diddy Combs has faced four different lawsuits in recent weeks alleging sexual assault.
David Gelman
Combs can be seen grabbing Ventura and throwing her to the ground.
Marjorie Hernandez
Oh, this guy is dangerous. Woman has now come forward.
David Gelman
A legend comes of sexual assault. 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 the Daily Mail in Manhattan.
Marjorie Hernandez
And I'm Marjorie Hernandez, DailyMail.com's West coast news editor.
Kayla Brantley
And welcome to episode 18 of the trial of Diddy. Marjorie, last week when we spoke to you, the fires had just really started going. Can you give us a quick LA fires update? How are things out there? How are you? How's your family?
Marjorie Hernandez
My family's fine. Thankfully, we did not have to evacuate, but so many thousands of other Angelenos have had to do so and also have lost their homes. And there's been lives that have been lost. So it's really. It's really hard out here for our city. But the one silver lining that has happened is seeing the people of Los Angeles really coming together and supporting each other and volunteering, taking care of our first responders and our firefighters out there. So that does give me some hope. But we're going to rebuild hopefully, and we're doing okay as we can.
Kayla Brantley
Good. I'm glad that you and you and your family are okay. The photos coming out and the videos are just pure devastation. And I always feel like Los Angeles is the sister city to New York. So we on the east coast and around the country, around the world are really feeling for you guys, but we're glad that you're okay. And there's also a lot happening in Diddy world. So let's just get into it, starting with this new story of Diddy allegedly demanding that authorities hand over videos of his freak offs, claiming that they'll prove he's completely innocent. In a letter to Judge Aaron Subramanian on Tuesday. Reported in a story by Daily Mail's Joe Hutchinson this week, Diddy's lawyers asked to have prosecutors produce all nine videos he said to have appeared in for them to review. Prosecutors have previously described them as, quote, elaborate and produced sex performances arranged and directed by Combs, which to me is completely shocking. I did not see this coming at all.
Marjorie Hernandez
Right? That's right, Kayla. And what's more, Diddy's lawyers are saying that these tapes will absolve him of all and any wrongdoing and show that the world that this was, you know, quote, a private sexual activity between himself and his then partner, Cassie Ventura. Prosecutors initially refused to hand over the videos after com was charged, and his lawyers only got to see their contents at the end of last year. Now, the contents of the videos has been kept secret because of Ventura's attorneys requesting that they not be released to protect her own privacy, but which was a request that the government did agree to. Now, this has meant that these attorneys are only able to view them under law enforcement supervision, and now they're asking for fuller access.
Kayla Brantley
Diddy's legal letter claims that Ventura, named in the indictment and court documents as victim one, quote, not only consented but thoroughly enjoyed herself. And it goes on to say there are no secret cameras, no orgies, no other celebrities involved, no underground tunnels, no minors, and not so much as a hint of coercion or violence. Diddy's lawyers say these videos are at the core of this case and are necessary material in preparing their own defense.
Marjorie Hernandez
So what's striking is this letter states, quote, and fairly minded viewer of the videos will quickly conclude that the prosecution of Mr. Combs is both sexist and puritanical. It is sexist because the government's theory perpetuates stereotypes of female victimhood and lack of agency. The prosecutors reflects a paternalistic view that the government is here to protect women who cannot be trusted to make their own decision about sexual and are not capable of consenting to sex that the prosecutors view as outside the norm, end quote. Now, we'll be talking to David Galman about this letter in this episode. And I don't know about you, Kayla, but I'm very interested to know what he makes of this.
Kayla Brantley
Yeah, definitely.
Marjorie Hernandez
Now, Diddy is, of course, locked up in Brooklyn's Metropolitan Detention center in New York. And after his arrest back in September of 2024, and he's facing federal criminal charges in a sex trafficking and racketeering conspiracy. Conspiracy. Now, Diddy has pleaded not guilty to all the accusations, and both he and his legal team have repeatedly and strongly asserted his innocence.
Kayla Brantley
Now let's welcome this week's guest, New Jersey criminal defense attorney and longtime friend of the show, David Gelman.
David Gelman
Always love being on with you.
Kayla Brantley
Yeah. And the case just, it seems like it just keeps going and there's just so many more developments. Marjorie, you actually had flagged to us that there was a development. So do you kind of want to talk about that for a little bit?
Marjorie Hernandez
Yes. This week, Diddy's attorneys had filed another motion asking the court to force the prosecution essentially to release, I believe it's nine video tapes having to do with the allegations with victim number one, which we all know is Cassie. And they're saying that prosecution should turn over these videos of Diddy and Cassie because they need to review the videos in its entirety. Now, David, just wanted to find out from your perspective, why is this important? And also their argument is the prosecution is trying to protect, quote, unquote, Cassie and the victim in paternalistic, sexist manner. And I was wondering what your take was on that argument.
David Gelman
You know, the sexist manner. I don't know if I buy that, but I do agree with Diddy's attorneys. They should be turned over. If that is going to be evidence that is used, you have an obligation to turn it over. Now, reading the. The report, I saw that Diddy's attorneys were allowed to view the videos, but they were only allowed to view them in private with law enforcement overseeing everything. I. You can't do that. And Diddy needs to be have an opportunity to also go over because, look, defendants, they have to be able to prepare for their own trial. Whether they're, you know, innocent, guilty, doesn't matter. You're always innocent until proven guilty in this country, last time I checked. So he has to be able to prepare. He's got obviously nothing to do during the day. He's in jail all day. So he's going to have all the time in the world to prepare. He's got to see what's on these videos. But the other thing that I find him very interesting is Diddy doesn't have these videos. Diddy never had these videos. They are in the possession of Cassie. That does undermine her credibility a little bit. It undermines that she is an alleged victim. They are saying that she enjoyed the videos, that when you see them, that she enjoyed it. I, I don't know what's on them or not. But if she had the videos herself and not Diddy, that would definitely bring a red flag to the government. And that would definitely help me if I'm Diddy's attorney, because I'm going to just go at her on the stand saying, why do you have these videos? If you were horrified, if you were sexually assaulted, if there's images that were just gruesome and you'd never consented, why do you have these videos? And not just one, not just two, not just three, but nine of them. So there's a lot of questions that I, that I would have. So they, I, if I'm Diddy's attorneys, I'm jumping up and down to have these videos. I'm sure they're probably, you know, not very flattering, if you will, and probably maybe embarrassing because who wants to have a sex tape out there? But yeah, look, this is a public trial. You have to have it.
Kayla Brantley
I mean, I was surprised when I read that Diddy's team wants these videos handed over of these alleged freak offs and that they said that, you know, it would prove him completely innocent. If anything. I was thinking he would want those under a lock and key because from what's been speculated at least, these videos were kind of, you know, supposed to be blackmail for the people that are in them. So it's really interesting and maybe even a little bit telling that Diddy's team wants them to be turned over.
David Gelman
Well, let's just go back for a second though. You know, they want them to be turned over. That doesn't necessarily mean that they're going to be produced at the trial and that they're going to be used as evidence. They did. His team just wants to see them. They want to see. Maybe they are going to use them, maybe they aren't, who knows? But if it's evidence that the government has, they are entitled to it and they have to be able to have it. So I'm not saying it's going to be in the trial, it may not be, but if they're saying that they already seen it, most of it sounds like. So they obviously think that there's something there. I can't imagine that you're going to, that they want to introduce it if you have open drugs and alcohol and everything like that out, you know, in the open in the videos. So I'd be very interested if I was Diddy's and his attorney to see everything, what they have and then maybe you'll use it, maybe you Won't.
Marjorie Hernandez
So at this point, David will, prosecution would have to respond to this memo that was sent by Diddy's attorney. Is that correct?
David Gelman
Yes. Yeah, they're going to, they're going to have to, they're going to object to it obviously and the judge is going to have to rule whether they can be released to Diddy's attorneys. I, it's, it's going to be interesting to see how the judge rules. I think he's probably going to rule in favor of Diddy some way, but I don't think it's going to be the whole kit and caboodle because look, Diddy, he has not been the model citizen in, in the jail so far. He, there's allegations that he's contacted witnesses and tampered with the witnesses and other individuals that are associated with him as well. Also that in the jail he's also been using individuals, social media and phones to contact individuals. So I don't know if the judge is going to give it all over immediately to Diddy because he could then potentially have other individuals look at it. Maybe. I, I don't know. I would think there's going to be some type of protection on there that maybe Diddy can only see it with his attorneys, that the attorneys can't give him a copy of it. You know, I, I don't think that the judge is going to just point blank give everything to Diddy and his attorneys. I think there's going to be some type of protection.
Marjorie Hernandez
Yeah, from my reading, there is a protection currently on them, but he, they want to amend that protection in order to allow Diddy to, I guess, have more access.
David Gelman
Yes.
Marjorie Hernandez
All of the footage.
David Gelman
I, I think it's, it's very fair. And again, did. He has to prepare for trial. So the only way to prepare is to see all the evidence and when you're only allowed to look at it for X amount of time and when you have guards and security looking over your shoulder, it's very difficult to do that. And there's no attorney client privilege that way either.
Marjorie Hernandez
Do you think that there will be a hearing just specifically on these videotapes?
David Gelman
Probably. I wouldn't be surprised if there is. The other thing is there could be a consent order from Diddy's attorneys and the government where they enter into some type of an agreement where that the attorneys for Diddy will only have access to it, to the tapes and that Diddy can only view them while in the presence of the attorneys. So I think that could also be something that would Maybe streamline everything. But, you know, this has been a pretty difficult case for everybody involved and everybody is fighting for every little inch. So I wouldn't be surprised if there's going to be some type of a hearing.
Kayla Brantley
And for our listeners, could you just explain what the benefit would be for the prosecution for Diddy's team to not see any of these videos?
David Gelman
Well, I don't know what's on there, Kayla. So that's the thing. If there is damaging evidence for Cassie on there, like, and I'm just speculating, but let's just say that she's participating in things and looks like she's having a really good time, that obviously won't look good for her. And her claims of what Diddy did, it'll undermine her credibility, like I said just previously. So I, I think the government would, would try not to allow that to be in. But if the, you know, it's called Brady evidence, meaning you have to turn over everything that you have, whether you're going to use it or not, whether it's beneficial or not beneficial to the government, you have to turn it over. So I think that they're going there, they're going to have to do it one way or another. I'm sure they're probably, you know, scratching at the wall, trying not to, to turn this particular evidence over. But in the end, the judge is probably going to make them.
Marjorie Hernandez
You know, obviously we're talking about his criminal case right now, but he is facing what I think over 25 civil lawsuits right now. I think it probably has gone up to 30. And a lot of those lawsuits have accusations involving minors at the, the incidents. So far, there hasn't been a new indictment against Diddy or added charges. And I was wondering what your take on that is, is whether or not there could be in Horizon a separate criminal case against him or would they amend the charges that he's currently facing?
David Gelman
Both are, both are realistic, honestly. Now, remember, you got, you're going to have separate jurisdictions. So if there are claims where he sexually assaulted individuals in, let's say, la, well, his trial right now is in New York. So there would have to be separate claims there, separate complaints, but a lot of them are originating out of New York. So, yeah, they could be potentially modified and added into it. The problem that you have, though, and this is just goes for, like, sexual assault cases in general that are pretty old. These, a lot of these cases you're hearing about or reading about, they're from the early 2000s or somewhere in the, you know, in the mid-2000s, where it's going to be difficult to prove. Civil cases have a much lower burden than criminal cases. Criminal cases, you have to prove beyond a reasonable doubt. That's a very high burden. Civil cases, preponderance of the evidence, much lower burden. And it's. If they can't even prove it in a civil case, there is no way in blue hell that the government will charge Diddy with these crimes. Because if they can't get it in civil, there's no way they're going to get it in criminal. Unless it's like a grand slam, which doesn't seem like it. For. For some of these older cases, I don't see the government amending or modifying or adding other charges. I could be wrong, but the government only does things, and they know for 100% certainty that they are going to get a conviction. And with the civil cases, from what I've been reading, I'd be very skeptical.
Kayla Brantley
And with Diddy's team trying to get these tapes released, do you feel that this is part of Diddy's team's way at a play that's just, you know, as horrifying as these videos might be, that these are two consenting adults?
David Gelman
Bingo. Kayla. Absolutely. If I'm Diddy's team, that's exactly how I'm going to be looking at it. And that's going to be kind of my theme at the trial. That, look, it's disgusting. It's not for everybody. But this is what Diddy was into. And the other individual, Cassie, she was into it as well. They're two consenting adults. Nobody forced them, coerced them, threaten them to do this. Nobody was drugged, Nobody was blackmailed. This is just two individuals that you may not agree, may not appreciate their lifestyle, but this is what they like to do. That was just between them. So I would definitely be using that if I'm Diddy's attorneys. And I. Again, I think that's going to be a theme when this goes to trial. That, look, you may not appreciate it, may not agree with it, but there's nothing wrong with it, nothing illegal.
Kayla Brantley
Yeah. Unless I feel like on the tapes there's someone who looks, you know, obviously unconscious or completely out of it, clearly drugged. I do think that that is definitely, you know, an argument that they can try. And it also reminds me of the Armie Hammer case, who obviously, this wasn't like a criminal case or anything, but it got into the conversation of what's consensual and kind of like kink Shaming, you know what I mean?
David Gelman
Yep. Yep.
Kayla Brantley
So that's definitely. I could see that being an argument there.
David Gelman
I agree. And also, let me bring up one another point. This is also potentially, and I'm, you know, I'm just, you know, speculating, but potentially this is probably a negotiation plea as well ploy, because I don't know if there's been any offers extended to Diddy and his legal team for a potential plea. And if there are, I'm sure they're incredibly long. We're probably, you know, looking at life in prison. So maybe this is a ploy by them to lower that number because if they get this and it shows that Cassie, you know, is potentially is enjoying it on the videos and whatnot. And, and again, they're just, they're able to, to, to go after her credibility. The government will know that and they'll think, you know, maybe if we give a better deal, we don't have her go on the stand and she doesn't have to then answer questions that maybe she won't look good to a jury. It could be a negotiation ploy. I wouldn't put it past them.
Marjorie Hernandez
We have so much more coming up, but for now, let's pause for a break.
Kayla Brantley
Welcome back. And we're still here with criminal defense attorney David Gelman.
Marjorie Hernandez
I do have to ask. Cassie also filed a lawsuit against Diddy and she settled with him last year. I was wondering what the optic is on that because, you know, obviously he's fighting the criminal case, but she settled. So the fact that he settled, does that play into the argument that, look, she consented, maybe.
David Gelman
I don't know the terms of the settlement. I don't even know if that'll even be allowed to be presented as evidence in the trial. You know, a lot of times when you have a settlement, you're going to have individuals who, they sign NDAs, non disclosures, meaning you can't talk about it unless it's has some criminal or illegal aspects of it, which an NDA, you can't. So I don't know if that's going to be allowed, but if there was, if it is allowed, Diddy's attorneys are going to attack it. Why did you settle with the. With Diddy? Why didn't you go to trial? Why. Why are you, you know, saying, you know, I'll take money and run again? Goes to her. Credibility. Credibility is everything when you are going to a trial and when you have a main witness who has credibility issues, which Cassie may or may not, I don't know, but reading all the things so far, they probably, they do have, I'd say, some type of credibility issues right now. We're too early on to say everything, but I think you have a point where if this does come out, Diddy's attorneys are going to attack it left and right.
Kayla Brantley
We had a Q and A episode last week, and a listener named Leah Roche asked us a very legal question, and we said we were going to leave it up to the expert. So this week we do have an expert. We did not forget Leah. So she asked us about settling out of court when the alleged crime that occurred was perpetrated upon a minor. So she wants to know if federal statutes come into play here. And I basically summarizing the question, I think it's, can a crime against a minor simply run out of time to be prosecuted?
David Gelman
So she's talking about the statute of limitations, I assume. Yes. So there are no statute of limitations regarding that. So, yeah. Did he. I mean, just because there aren't statute limitations that that run doesn't necessarily mean that charges will be brought. Government and any prosecutor in this country will always look at the facts and look at the strength of the case. If it's not a strong case because of the amount of time that has elapsed, they're not going to charge them. They can't. Because how can you charge somebody when you really don't have any evidence besides just he said, she said thing that happened 20, 30 years ago potentially. But there are yet to answer a question, there's no statute of limitations. They can do it all the way over.
Kayla Brantley
And we asked you this back. When did we have you on November?
David Gelman
Maybe probably a couple times. I can't remember. We have too much fun every time.
Kayla Brantley
Okay, well, I remember the last time you said, I, David Gelman, am saying that the trial is not starting May 5th like they said it will. Well, it's January 15th when we're recording this. As of now, it's still on track for May 5. What needs to happen for it to get delayed? Like, I mean, you're not the only one who thinks it's going to get delayed. A lot of people do. And when would we find that out? Would it be like May 4th and it's, you know, actually, we're not starting or when would that be?
David Gelman
Well, that's a good question. And number one, I 100% still go with my prediction that this is not going to happen in May. It is January. What, today? 15th, 2025. Not happening. Oh, yeah. Right now. When will we know. I'd say it's got to be closer to the trial. I could probably see sometime in April where they would come down with it. Like you just said, it could be closer, could be the day or two before trial. There's so much evidence here that there, it's. It's impossible to prepare for it in that short amount of time. So I can't imagine that the. That it's going to happen in May. I don't know when we're going to hear about it. And it could be just that next. The next hearing where, if there are evidence, where they are talking about the evidence and potentially these tapes and the judge rules one way or another, you know, then they. We could have a much better understanding, or a clear understanding, if you will, of when they could postpone it to. But, you know, at this point, I don't think. I think it's too premature to say when exactly they are going to make that decision, but I'm telling you that right now it's not going to happen.
Marjorie Hernandez
Yeah.
Kayla Brantley
And is it just a matter of Diddy's team or the prosecution filing a motion to delay and that's it?
David Gelman
Sort of. I mean, yeah, in layman's terms, yeah, that's. That's the easiest way to do it. But look, so let's just say Diddy's team asked to have this adjourned for X amount of months or however long to prepare. Number one, the state or the government, they have to agree to it. I would assume they would. But the judge then has to agree to it, and I would assume they do. Vice versa, if the state wants to have it postponed, Diddy's attorneys have to agree to it as well. And there could be a little game of chicken, if you will, where one party says, oh, yeah, I want to. I want to have it postponed, but the other says, no, we're ready to go. The judge is going to have to make the call there. But usually if one party wants to have it adjourned and postpone to prepare more, the judge is going to agree to do it 99% of the time. I don't. I don't see it happening where, you know, they're not going to do so.
Marjorie Hernandez
Going back to the whole paternalistic thing, I think that was very interesting. One of the more interesting arguments that did these attorneys made was that they claimed the prosecution was being sexist for allegedly taking on, quote, a paternalistic role by saying that they need to protect women who can't be trusted to make their own decisions. About what type of sex they have or their sexual partners. And I was just wondering what you thought about that argument.
David Gelman
It's creative. I will go with that. It's very creative. Look, attorneys, one of our main jobs is to make creative arguments, all right? Because a lot of times we're going to have cases that are not the easiest ones to deal with. They're not black and white by any means. So you have to come up with some creativity. Diddy's attorneys, they're getting paid a ton of money, so they're making their money worth there. And I think it's a good argument. I don't know how the judge is going to look at it, but I like it. I think it just shows you're thinking outside the box, to be honest. I think there may be a little truth to it. Who is the government to dictate what is good for everybody to see versus not? I think they have something to go back on.
Marjorie Hernandez
Do you think that they'll argue over this release of the tapes in a future hearing or there could be. Or the. Will the judge make a decision about the tapes there?
David Gelman
Well, if they don't have a consent agreement between the defense and the government, then they're going to have to argue it. They're going to both brief their own sides, meaning, you know, they're going to have to do written arguments, and then they're going to argue them in front of the judge, and the judge is going to rule however they decide. I think the judge is going to rule not the whole way that Diddy's team wants, but I think they're going to get access to it and at a much greater rate than they have it now.
Marjorie Hernandez
You brought up another point earlier also, when you said that this could factor into maybe a deal, a plea deal. Now, we don't know whether or not that has been offered to Diddy, but the fact that this is out there is interesting, and I was just wondering what your thoughts were on that. Because Diddy has said, I'm innocent. We're going to go to trial. I'm going to prove my innocence.
David Gelman
Everybody says that. Everybody. You have to. Would you? I'd be very surprised if Diddy says I'm guilty, you know, so I don't see that happening. Everybody does that. You have to do that. You always have to enter not guilty pleasing. You have to fight it because you don't know how these cases are going to unravel. All right. Every case is different. I tell us to every client of mine. And when I was A prosecutor. I tell it to every victim as well. If there are victims. Even though you might have the same charges as, you know, Joe Schmo at the street, that doesn't necessarily mean that the facts and the evidence are the same, because one case is definitely going to be different than the other. In this situation, Diddy has. It's very different than pretty much anybody else in the world. He's very wealthy, he's extremely well known. You know, he's a celebrity. So all these things, including the evidence that they have or don't have, you have to see how it plays out. You have to examine every piece of it. I could see them maybe trying to get a plea deal, but they have to go through every little nook and cranny of discovery, meaning the defense does before they should even contemplate having a plea. So I think plea negotiations will happen one way or another. I don't know when, but I think it's very likely that it will happen. But for Diddy to, you know, proclaim his innocence, if he didn't, I'd be shocked.
Marjorie Hernandez
Right. I've seen cases where it actually went to trial, and then all of a sudden it stops and they take a deal.
David Gelman
So that does happen. Although that's very rare. That's very rare because, you know, when you're in trial, unless it's going horribly for one person or one side, you're going to finish it because you've already gotten this far. Might as well let a jury, you know, decide it from there.
Kayla Brantley
Obviously, we're getting a new administration in five days. The inauguration is the 20th. And with that comes a change in the Department of Justice. Could that change potentially affect this case?
David Gelman
You know, that's a good question. I doubt it. Due to the fact that we're talking, number one, the DOJ with Pam Bondi and whoever the United States Attorney for the Eastern District is going to be. I would have a feeling that they are probably going to be even stronger on crime than the previous DOJ and administration. So I would think it'd be very, very unlikely that anything will, Will. Will change regarding, you know, any pleas or. Or how this case is, is being looked at by the government. If anything, I think it's probably going to be worse for Diddy because the new U.S. attorney, whoever they may be, and whoever gets, you know, looks at it, they may say, you know what? I. I don't like what I see here at all. You know, no deals. You know, go for it all. So I. I don't. I don't see it changing. I, I see potentially getting worse.
Marjorie Hernandez
So, David, do you think Diddy will ever get out of jail?
David Gelman
That's a tough one. That's a tough one. I, I don't know. Look, if, if, if I have, if, you know, if I have to say right now, I'd probably say no, but, you know, I'm not, I'm not 100 about that. Again, trials, they are crapshoot. And even though the government probably has a ton of evidence, you don't know how 12 jurors are going to act and how they're going to decide. And I think it's going to be very interesting and I don't think we're going to really fully grasp and fully know what the government has and what did his team has until we get much closer to trial and even in trial. But from everything I'm reading so far and what we all know, an uphill climb. But anything can change.
Kayla Brantley
Well, thank you, David, for being with us today, a friend of the show. We always love having you on and you offer some amazing insights.
David Gelman
I love, love being with you guys. This is great.
Marjorie Hernandez
Thank you so much. So for now, that's it. Thanks again to David Gelman for coming on the show. It's always a pleasure to have him on. 2025 really is shaping up to be a very interesting year for Diddy and everyone who's part of this case.
Kayla Brantley
It certainly is. And as we prepare for Diddy's trial in May, what other trials would you like us to cover? Let us know by email the trial dailymail.com or you can WhatsApp us on/447-796-5572, and make sure you start your message with trial.
Marjorie Hernandez
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 trial of Diddy as we will be here each week with fresh information, new insights and some expert guests.
Kayla Brantley
Goodbye.
Podcast Summary: The Trial of Diddy – Episode: "Trials Are a Crapshoot"
Podcast Information:
The episode opens with an acknowledgment of Sean "Diddy" Combs' illustrious career, emphasizing his influence in the music industry during the 90s and 2000s. However, the narrative swiftly transitions to the gravity of his current legal predicament, where he faces multiple federal charges in New York, including sex trafficking and running a criminal enterprise.
Key Points:
Notable Quote:
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."
The discussion delves into the specifics of the allegations against Diddy, highlighting recent lawsuits alleging sexual assault. The hosts present disturbing visuals from the case, including an incident where Combs is seen physically assaulting Cassie Ventura.
Key Points:
Notable Quote:
David Gelman [00:52]: "Combs can be seen grabbing Ventura and throwing her to the ground."
A significant portion of the episode focuses on Diddy's legal team's recent motion to release nine video tapes alleged to feature Diddy and Cassie Ventura. These tapes are pivotal to his defense, aiming to demonstrate consensual activities and dispute the prosecution's claims.
Key Points:
Notable Quotes:
Kayla Brantley [02:27]: "Diddy's legal letter claims that Ventura, named in the indictment and court documents as victim one, 'not only consented but thoroughly enjoyed herself.'"
Marjorie Hernandez [04:48]: "So what's striking is this letter states... 'the prosecution of Mr. Combs is both sexist and puritanical.'"
Criminal defense attorney and guest expert, David Gelman, provides an in-depth analysis of the defense's motion and its potential implications on the trial.
Key Points Discussed:
Notable Quotes:
David Gelman [06:56]: "If that is going to be evidence that is used, you have an obligation to turn it over."
David Gelman [09:09]: "If she had the videos herself and not Diddy, that would definitely bring a red flag to the government."
David Gelman [17:02]: "If I'm Diddy's team, that's exactly how I'm going to be looking at it. ... These are two consenting adults."
The hosts touch upon the multitude of civil lawsuits Diddy faces, exceeding 25, many alleging misconduct involving minors. The discussion highlights the challenges in prosecuting older cases and the differences in burdens of proof between civil and criminal lawsuits.
Key Points:
Notable Quote:
David Gelman [15:04]: "Civil cases have a much lower burden than criminal cases. ... I’m very skeptical."
Upcoming political changes, including a new administration slated for inauguration on January 20th, are discussed in relation to their potential impact on Diddy's trial. Gelman addresses the likelihood of delays and the resilience of the Department of Justice's stance regardless of administrative shifts.
Key Points:
Notable Quote:
David Gelman [30:19]: "They may say, you know what? I ... no deals. ... I don't see it changing. I, I see potentially getting worse."
The episode explores Cassie Ventura's prior lawsuit against Diddy, which was settled last year. The hosts and Gelman discuss how this settlement could influence the current criminal case, particularly regarding Ventura's credibility as a witness.
Key Points:
Notable Quotes:
David Gelman [20:10]: "Why did you settle with the. With Diddy? Why didn't you go to trial? ... Goes to her. Credibility is everything."
Addressing a listener's question, the hosts and Gelman clarify legal aspects regarding crimes against minors and statute of limitations, emphasizing the gravity and perpetual prosecutorial authority over such offenses.
Key Points:
Notable Quote:
David Gelman [21:52]: "There are no statute of limitations regarding that. ... if they're not going to charge them ..."
The episode wraps up by speculating on the trial's likelihood of proceeding as scheduled, the potential for plea negotiations, and the overarching uncertainty inherent in high-profile criminal trials. Gelman underscores the unpredictable nature of trials, labeling them as a "crapshoot," where outcomes hinge on myriad factors, including jury perception and evidence presentation.
Key Points:
Notable Quote:
David Gelman [31:22]: "That's a tough one. ... trials, they are crapshoot."
Final Thoughts: "Trials Are a Crapshoot" provides a comprehensive overview of the ongoing legal battle facing Sean 'Diddy' Combs. Through expert insights, detailed analysis of legal motions, and exploration of broader implications, the episode offers listeners a nuanced understanding of one of today's most contentious trials. As the legal proceedings advance, listeners are positioned to stay informed through upcoming episodes that promise further revelations and expert commentary.
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