Kelly Hyman
Appearances
The Trial of Diddy
Millions and Millions of Dollars
But I think that that is something that would be much in the future, potentially, because wait and see what happens in the criminal case and how that turns out. And then also see what's going on with all the different civil lawsuits as well.
The Trial of Diddy
Millions and Millions of Dollars
Right. And I think it's also important to note that recently plaintiff filed a motion to dismiss with prejudice in the Jane Doe case. A lot of people know it because of Jay-Z was also sued in P. Diddy. And so from a legal perspective, dismissing a case with prejudice means that you were basically barred from bringing a similar case in the future.
The Trial of Diddy
Millions and Millions of Dollars
Well, each individual lawsuit is brought on their own merits. Each plaintiff in that case has to prove their case based on the elements in regards to their certain case. But potentially, if someone doesn't have the evidence or the facts. As plaintiffs, you bring the case and you carry that burden.
The Trial of Diddy
Millions and Millions of Dollars
And what that means in regards to the civil case, if you're bringing those cases based on those causes of action, you have to prove every single element of those causes of action. And so that's really important. So if you can't prove your case, then it's going to be really hard to prevail in a court of law.
The Trial of Diddy
Millions and Millions of Dollars
Well, they're two different things, apples and oranges. So the civil cases are filed in different courts, New York, California. And so each case, each civil case is on its own track. And what does that mean in regards to being on its track? That it's moving based usually on when the case is filed, when the lawsuit is filed.
The Trial of Diddy
Millions and Millions of Dollars
So once you file a lawsuit, defendants usually have two options to answer the complaint and kind of respond to the complaint or file a motion to dismiss and try and dismiss the case. And so each case moves forward with discovery and then more pleadings, depositions. And so as the case moves, it moves along to ultimately a trial. So the criminal case is totally different and separate.
The Trial of Diddy
Millions and Millions of Dollars
So it shouldn't have any effect on the civil case unless there's some kind of conflict in regards to him potentially being at the trial or something along those lines because of the criminal trial or some other trial where there's potentially a conflict and he needs to be there or to testify in his case.
The Trial of Diddy
Millions and Millions of Dollars
Then I could see that could potentially happen with moving because of conflicts in regards to the trial dates.
The Trial of Diddy
Millions and Millions of Dollars
Depending on what exactly happens in regards to the civil cases, when they're set to go to trial, how those cases move forward. If they depose him on those cases, that means deposition is when you sit down under oath and you're asked questions and you answer those questions. those questions under oath with your attorney on your side.
The Trial of Diddy
Millions and Millions of Dollars
And attorneys usually make objections during the deposition as well. And those will vary on how long that they are, sometimes seven, eight hours of deposition, but it varies.
The Trial of Diddy
Millions and Millions of Dollars
You want a fair and impartial jury. And that's what Vaudeer is. And what that means is that the attorneys will stand up depending on how they do it. And sometimes they do written questions ahead of time but have an opportunity to talk to potential witnesses because someone needs to be fair and impartial and
The Trial of Diddy
Millions and Millions of Dollars
person who's on trial, especially with serious ramifications, should have the opportunity to ask questions. And if someone can't be fair and impartial, I've already made a determination because, as we said before, you're innocent until proven guilty. And so you must listen or it's important to listen to all the evidence presented.
The Trial of Diddy
Millions and Millions of Dollars
And then once the evidence is presented, make that determination of whether someone is guilty or or innocent. So if people already have preconceived ideas and can't put anything aside, then that could harm the defendant by not getting a fair and impartial jury, which he is entitled to under our constitution.
The Trial of Diddy
Millions and Millions of Dollars
Well, maybe they have heard a ditty, but they can be fair and impartial. And I think that that's definitely key that can put everything aside and really make sure that they listen just to the facts and the evidence presented and understand that based on the law, that someone is guilty or innocent and just listen to that information as well and be fair and impartial.
The Trial of Diddy
Millions and Millions of Dollars
And that's what's important about Vaudeer because it gives each side an opportunity to ask questions, right? Find out about them on social media, right? Did they post something and they already made a determination and they're not going to be fair and impartial? Or maybe they think one way or another, but they can put it aside. So that's really going to be...
The Trial of Diddy
Millions and Millions of Dollars
And it's fascinating to me what the jury is going to look like, whether it's going to be from New York in regards to careers and age. And usually each side will hire someone like a jury consultant or someone to kind of assist them.
The Trial of Diddy
Millions and Millions of Dollars
And from a strategy standpoint, if you look at it, we'll have particular jurors in mind of what they want on a jury of whether it's a male and their age and their demographics and certain kind of professions and stuff like that. And usually each side will have something different on what they think based on
The Trial of Diddy
Millions and Millions of Dollars
stuff that they've done before, like mock jury trials or groups where they get groups together to kind of see which way some groups are leaning, whether it's, you know, it's better for us to have all female jury from the defendant standpoint, or is it better to have an all male jury? And what does that look like? What kind of jobs do they have? What age demographic are they looking at?
The Trial of Diddy
Millions and Millions of Dollars
All those kinds of things is really, really important. fascinating to see especially when they're going through the voir dire process to see kind of what questions they have because they know who they really want it based on all that kind of stuff but it does might not always you know work work out that way but they do have an opportunity to strike someone
The Trial of Diddy
Millions and Millions of Dollars
for cause, meaning that they believe there's a basis that someone should be stricken, but then they also have an opportunity to say, we're just going to strike this person and not have them on the jury on this type of case.
The Trial of Diddy
Millions and Millions of Dollars
Right, or whether, right, if it's going to be really harsh for people, and usually they'll say, you know, how long the trial is going to take and how that's going to affect them in regard to their job or their family. And usually the judge in the beginning will also give instructions depending on the type of trial. It's a little bit different.
The Trial of Diddy
Millions and Millions of Dollars
Sometimes they'll say, look, you're not supposed to discuss this case until the end, right? So you're sitting next to someone the whole time and talk about other stuff, but not the witnesses. And then at the end, deliberate and based on what the evidence was presented, whether you believe that he's guilty or innocent, there could also be potentially a hung juror. And that means basically
The Trial of Diddy
Millions and Millions of Dollars
that not everyone is going to agree. And so that could also potentially happen in this case. We just don't know. There's a lot of things that are unknown at this time until actually the trial happens and what transpires. Anything is possible. Anything's possible. Yes, definitely. During the trial in high profile cases, sometimes
The Trial of Diddy
Millions and Millions of Dollars
things come up where one side will ask for a mistrial based on certain things.
The Trial of Diddy
Millions and Millions of Dollars
No, because you always hear that usually that when you gain more information, that that could potentially happen based on the information gathered, because that's important for the government's case to gain all this information and then use that information when they're making a determination of finding the stuff that they need to prove their case.
The Trial of Diddy
Millions and Millions of Dollars
Millions and millions of dollars. It's... tens of millions. I haven't seen his legal bills. I don't know. You have to look at, as you stated, there's 30 civil lawsuits. So you have to deal with all those cases and discovery in doing that. And then also in regards to the criminal as well.
The Trial of Diddy
Millions and Millions of Dollars
And we have to go back to remember that his place in Miami was raided in dealing with all that and seeking advice from attorneys and then also during the process as well as it's going through and fighting and filing motions and doing all those types of things. Very, very expensive.
The Trial of Diddy
Millions and Millions of Dollars
Oh yeah, not only the criminal case, but then you also have the civil cases as well and dealing with those and got cases in New York, you have cases in California. And so dealing with that, going to hearings, preparing responses, preparing discovery.
The Trial of Diddy
Millions and Millions of Dollars
Yes, and absolutely doing that as well. And we know that Diddy filed a defamation lawsuit against NBC Universal. And so filing that lawsuit as well and gathering all the evidence for the complaint, because you have to prove the defamation. And basically, from a legal perspective, defamation is when someone makes a false statement. It's reckless or negligent.
The Trial of Diddy
Millions and Millions of Dollars
It is said to someone other than the person bringing the lawsuit and that they're harming their reputation. Now, if someone is a high profile or celebrity, then there must be actual malice. And what that means is this, that they must have known that what they said was false. He filed a hundred million dollar defamation lawsuit.
The Trial of Diddy
Millions and Millions of Dollars
So has attorneys working on that case as well as a plaintiff who brought the case. So you have to do all your research on that and get all that ready. And then who's going to help substantiate the case and make sure that you have witnesses that are going to be there to testify for you as well, if in fact the case goes to trial.
The Trial of Diddy
Millions and Millions of Dollars
But from a strategic standpoint, it kind of changed the narrative from the sense that rather than the lawsuits being filed against him, he is the one bringing the lawsuit. Because as I said before, you're innocent until proven guilty, and these are you know, alleged victims until he's actually convicted or not convicted.
The Trial of Diddy
Millions and Millions of Dollars
Well, from the government's perspective, that's going to be seen at trial, whether they have the jury come back and find him guilty or if, in fact, they're going to come back and find him not guilty on these cases. I am sympathetic to the plight of these people that... allegedly have been harmed as someone who deals with people that have been human trafficked.
The Trial of Diddy
Millions and Millions of Dollars
But from the standpoint of P Diddy and the fact that he has denied all the wrongdoing, and the fact that one case was dismissed without prejudice is pretty powerful from the perspective of someone who brought the case. And now all of a sudden that case is dismissed could potentially sway people to think, well, why was that case dismissed?
The Trial of Diddy
Millions and Millions of Dollars
Like, are these allegations true or are these allegations not true? And also from P. Diddy bringing the defamation case and saying that you are harming me is a very powerful, powerful statement.
The Trial of Diddy
Millions and Millions of Dollars
If I had a crystal ball that was working, I would say in regards to the criminal trial, I could definitely see her there. And so she could potentially be subpoenaed. So basically subpoena means that you were asked to appear in court. particular place compelled to do something. And I could see that definitely happen. Could it also potentially happen in regards to the civil case?
The Trial of Diddy
Millions and Millions of Dollars
If there's some kind of knowledge related to the case itself, that could potentially happen. But I could definitely see the government in regards to the New York criminal case, definitely bringing her in because of the information and the knowledge that she allegedly knows. And also the video that people saw that was played on the news is very, very powerful as well.
The Trial of Diddy
Millions and Millions of Dollars
But PDD's team can try and get that information out and try and say, potentially, that it's too prejudiced. It's going to harm him so much that it's too prejudiced towards him. But the judge will ultimately decide if that's something that they want to do. But I do see her potentially coming in the government's criminal case.
The Trial of Diddy
Millions and Millions of Dollars
You cannot post it. In some cases, if you do disclose the confidential information, then there is some harm to the person that does it, whether the other side gets all the money back plus potentially attorney's fee. So like penalties in it as well, like say if someone settles and says, OK, I'm going to give you X amount of money. Right.
The Trial of Diddy
Millions and Millions of Dollars
But under the agreement, if you disclose it, go on, for example, on a social media and post it or do anything like that. and then the other side can get compensation, get the money back, get attorney's fees, get additional compensation.
The Trial of Diddy
Millions and Millions of Dollars
Right, so she could be subpoenaed to be there. I don't see P. Diddy's team, you know, asking.
The Trial of Diddy
Millions and Millions of Dollars
And so I could see maybe in a civil case with someone in a civil case trying to ask, but I would assume that there would be objections due to confidentiality during breach of agreement because also even she doesn't want to breach the agreement if the agreement where I'm just assuming the agreement has some kind of confidentiality provisions in it.
The Trial of Diddy
Millions and Millions of Dollars
If she's on a witness stand testifying and part of her deal is if she says the amount, she loses that amount and has like triple damages, like three times as much and all stuff like that, that her attorney who's going to represent her would stand up and say, you know, argue in front of the court. Your Honor, that information is confidential and she would be in breach of the agreement.
The Trial of Diddy
Millions and Millions of Dollars
She cannot... say the amount, and they would argue case law, and then the judge would ultimately decide. But I don't see that getting out now. Could be wrong. Anything is possible. I don't know what their agreement said, what it has said, but usually in these type of agreements, the one side wants to protect that, right? They don't want the world to know how much it is.
The Trial of Diddy
Millions and Millions of Dollars
Not any type of case that you reach a settlement. You can't disclose it. You can't discuss it with anyone. You can't post about it. You just can't say anything bad about the other person, anything disparaging against them, anything along those lines. So if she does testify and if that is a provision, most likely it will be just the facts, potentially that video of what she experienced there.
The Trial of Diddy
Millions and Millions of Dollars
But we'll have to have to see if there's motions right where they they don't want her to testify. And based on the confidentiality and attorneys are definitely going to be working hard on both sides on this case. Oh, absolutely.
The Trial of Diddy
Millions and Millions of Dollars
From the criminal perspective, yeah. So also potentially FBI agents, people that went to his house and people that did the affidavit and probable cause in order to substantiate the fact to go there. So you're going to see a lot of people like that, FBI agents. And so from the government's perspective, you're going to have a lot of experts as well. Definitely
The Trial of Diddy
Millions and Millions of Dollars
It's possible. I could definitely see that and also the statements that he made. So it's important to remember, usually the attorney will tell his client not to make statements in regards to any type of case or potential case because those statements can be used against you. in a court of law.
The Trial of Diddy
Millions and Millions of Dollars
So anything that was said, anything that was posted, also any communication other than his attorneys, there are some spousal privileges, but that gets really more complex. The communication that they have is not protected. So potentially if talking to someone else or someone else's messages that was sent to someone or any type of other communication can be used against him.
The Trial of Diddy
Millions and Millions of Dollars
And so I could definitely see that. coming up. But the argument can be made is that could go both ways from the argument standpoint of he was being accountable, right, and apologizing and owning up to it. But the other side of the coin is, yes, he's admitting that he did it. And therefore, because he did it, he allegedly has a propensity to do it again.
The Trial of Diddy
Millions and Millions of Dollars
Well, no one is above the law, but the state who brings the case has the burden of proof, the government. And so they must prove every single element of the cause of action. And then when someone brings a motion to dismiss, basically saying that you're asking the court to dismiss a case, to dismiss account of a case, and then you make legal argument.
The Trial of Diddy
Millions and Millions of Dollars
But ultimately, the judge is going to look at the law because that's the key thing. Look at the law and based on the law and facts presented, whether this third cause of action should be ultimately dismissed.
The Trial of Diddy
Millions and Millions of Dollars
Oh, this guy is dangerous. Another woman has now come forward alleging Combs of sexual assault. She claims she was drugged and sexually assaulted by Combs.
The Trial of Diddy
Millions and Millions of Dollars
Well, ultimately, that's going to be up to the judge to make that determination looking at the law. It's important to remember in the court of law that you are innocent till proven guilty. That is really important because since the government, the state brings the case, they have to make sure that they have substantial evidence for this. And one of the potential arguments for a motion to dismiss
The Trial of Diddy
Millions and Millions of Dollars
legally is that they cannot prove their case, that they cannot prove the certain elements of the crime. Ultimately, we'll see what the judge does in this matter, whether to dismiss it or to say, no, this is going to go forward.
The Trial of Diddy
Millions and Millions of Dollars
But it's also important to remember from a legal standpoint that the other side, when someone files this, will have an opportunity to respond, will give them an opportunity in the court pleadings to make their argument why this count should not be dismissed.
The Trial of Diddy
Millions and Millions of Dollars
The judge could potentially set a hearing, yes, in regard to this. Sometimes the judge will rule on the paper. And what that means is one side will file the motion to dismiss, the other side will respond to it, but possibly the other side will get a reply. In other words, a reply to the response And then the judge could set a hearing and have oral arguments.
The Trial of Diddy
Millions and Millions of Dollars
And what that means from a legal perspective, the oral arguments is each side will get to stand up in front of the judge and make their arguments to the court, basically plead their case and say why the judge should rule accordingly.
The Trial of Diddy
Millions and Millions of Dollars
Or the judge could look at the papers, look at the law that substantiates the different position, PDD's position, the state's position, the government's position, and then just rule on that and issue an order basically saying either, yes, I agree, this count should be dismissed, or no, it should not be dismissed.
The Trial of Diddy
Millions and Millions of Dollars
So when you look at a class action, it's important to remember in a class action that there is one person that's kind of like the class representative. They're like the spokesperson, a person that speaks for the class. And then there's other peoples as well. One argument can be made from Diddy's standpoint that the people are not similarly situated.
The Trial of Diddy
Millions and Millions of Dollars
Each one has their own unique facts, their own unique injuries and harm. And so based on that, that there cannot be a class action. However, the other side of the coin could say that potentially if you look from legally, if people are similarly situated, they've gone and experienced the same thing, then there could be a class action. However, I most likely see these in individual cases.
The Trial of Diddy
Millions and Millions of Dollars
And it's important to remember about the individual cases that these are civil lawsuits. And so what that means is the compensation is going to be key in the case. So if the court determines that the person should prevail, the plaintiff in those civil cases, it's not jail time, it's monetary compensation to make them whole. So how much
The Trial of Diddy
Millions and Millions of Dollars
the court makes a determination, or the jury, if the case goes to a jury trial, what is it going to take compensation-wise to make him or her whole? However, on the other, the criminal, that's where we're looking at penalties with potentially life in prison.
The Trial of Diddy
Millions and Millions of Dollars
Could potentially, if someone makes that determination or haven't seen any class actions, mostly seen the individual cases with specific facts that relate to the person and then different causes of action that they bring forward based on the facts and circumstances for that individual person.
The Trial of Diddy
Millions and Millions of Dollars
That is potentially possible. Haven't seen anything like that yet, but I think there's going to be a lot more as you guys are fully in depth and covering all this, a lot more that's going to come forward as we get closer to the criminal trial as well.
The Trial of Diddy
Millions and Millions of Dollars
My crystal ball is broken, but if I had to predict, I would definitely say so, because we have to look at it from different standpoints. P. Diddy right now is in jail, and so he is entitled to a trial. set by his peers. And so the more delay, unless the judge changes the ruling in regards to letting him out on bail, he is going to be in jail.
The Trial of Diddy
Millions and Millions of Dollars
So I would assume that he wants the trial sooner rather than later. However, the state brings a case and they have to make sure that they have all their witnesses, everything all set and ready to go. Anything is possible. Something could happen where it doesn't, but I would,
The Trial of Diddy
Millions and Millions of Dollars
most likely think that that trial date is going to happen because both sides want the opportunity to move this case through the system.
The Trial of Diddy
Millions and Millions of Dollars
Well, that's a lot of hypothetical. I mean, we still have to remember, as I said before, that he is innocent in a court of law until proven guilty. So that, in the criminal case, that has not happened yet. So I think that if, in fact... Potentially if he is in something in regards to the civil lawsuits and they decide that that's something that they want to do.