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The Trial of Diddy

Weekly Update: Celebrity extortion claim explained!

Fri, 22 Nov 2024

Description

Welcome back to our new, weekly episodes of The Trial of Diddy. The show is hosted by DailyMail.com’s West Coast News Editor Marjorie Hernandez and Manhattan-based Kayla Brantley, reporter-at-large and TV correspondent at Daily Mail. Each week Kayla and Marjorie will be exploring each and every new development in this story, looking at what may - or may not - be coming next for Diddy. This week Kayla goes solo to host and she’s deep diving into all the latest moves of the prosecution and the defense with Jersey-based former federal prosecutor and defense attorney, David Gelman. Follow us on instagram @thetrialpod Email us [email protected] Whatsapp us +447796657512 (start your message with ‘Trial’) Presenters: Marjorie Hernandez and Kayla Brantley Editor: Sam Morris Producer Rob Fitzpatrick Executive Producer: Jamie East   A Daily Mail production. Seriously Popular. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Transcription

Chapter 1: What are the allegations against Diddy?

1.906 - 14.016

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.

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16.678 - 25.105 Kayla Brantley

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

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25.774 - 45.095

At the height of his career, Sean Diddy Combs had it all. It seemed like everything Diddy touched turned to gold. Now the once untouchable hip-hop mogul is fighting for his life as he faces multiple federal charges in New York, including sex trafficking and allegedly running a criminal enterprise.

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46.072 - 55.775

Music mogul and rapper Sean Diddy Combs has faced four different lawsuits in recent weeks alleging sexual assault. I'm DailyMail.com journalist Marjorie Hernandez.

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55.795 - 79.441

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.

Chapter 2: What recent court developments involve Diddy?

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131.516 - 150.568 Kayla Brantley

Hey, I'm Kayla Brantley, reporter at large for the Daily Mail in Manhattan, and welcome to episode 11 of The Trial of Diddy. My co-host Marjorie is off this week, so it's me just doing double duty, and it's been a busy few days for Diddy this week with an appearance in court on Tuesday, and there will be a ruling on his latest bail plea on Friday the 22nd.

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151.149 - 180.669 Kayla Brantley

So let's dig into what's been going on this week. Tuesday in court, prosecutors alleged that Diddy had been breaking prison rules by contacting potential witnesses. It's claimed that Diddy had made, quote, In a court filing, prosecutors claimed a review of recorded calls also found that Diddy had encouraged his own family to contact potential witnesses in his case.

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181.39 - 201.282 Kayla Brantley

Diddy has, like always, pleaded not guilty to all of these charges and denies any wrongdoing. So there's been a lot going on. And at Tuesday's hearing, the judge overseeing the case, his name is Aran Sabramanian, he ordered that prosecutors destroy copies of materials seized in Combs' jail cell as the judge decided whether they could be used in court.

Chapter 3: How is Diddy's defense responding to the prosecution?

201.603 - 221.474 Kayla Brantley

So now Diddy's defense team are claiming that government prosecutors illegally seized these personal notes during a search of a cell at the Metropolitan Detention Center in Brooklyn. His team argued that some of the detailed information in the material is protected under attorney-client privilege, which shields information discussed between a client and their attorney.

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221.814 - 242.005 Kayla Brantley

Diddy's lawyer, Alexandra Shapiro, argued that it was impossible for her client to prepare for child from his cell because of the, quote, incredibly voluminous amount of material to review, especially without a laptop. So Shapiro said that detention is denying Combs of any real opportunity to be ready for trial, which is something that violates his rights under the U.S. Constitution.

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242.485 - 258.535 Kayla Brantley

Now, in response, prosecutors again are arguing that Diddy should be denied bail. They allege that he, quote, poses serious risks of danger and obstruction of these proceedings. Now, Diddy is accused of using social media posts to influence any potential jury pool at his trial.

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258.935 - 277.209 Kayla Brantley

Prosecutors further allege that there was a strong inference that Combs paid a witness after she posted her support statement online. Prosecutors characterized Combs as running a, quote, relentless scheme to contact potential witnesses, including victims of his abuse who could provide powerful testimony against him.

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277.609 - 294.438 Kayla Brantley

And we all saw Combs' children post a video of themselves singing happy birthday to their father while on the phone. And according to the filing, Diddy then monitored the analytics of the post engagement and, quote, explicitly discussed with his family how to ensure that the video had his desired effect on potential jury members.

295.313 - 313.182 Kayla Brantley

Meanwhile, the Los Angeles Times has reported that a, quote, mystery L.A. celebrity says a lawyer for accusers of Sean Combs tried to extort a payout. A Los Angeles-based celebrity who's keeping his identity secret is suing Tony Busby, the lawyer representing 120 alleged victims of Diddy.

313.482 - 336.253 Kayla Brantley

The man says that the lawyer tried to extort a payout in return for not identifying him as a sexual abuser linked to to Diddy. Journalist Richard Winton writes that a celebrity referred to in the lawsuit as a, quote, high profile individual and identified only as John Doe through his lawyers, says Houston based Busby wrote demand letters in which he made, quote, wildly false, horrific allegations.

336.754 - 355.508 Kayla Brantley

Busby said the individual raped minors at a Combs party and that unless he agrees to a mediated settlement, there would be consequences, according to the lawsuit. Now attorneys for the celebrity said Busby threatened to, quote, unleash entirely fabricated and malicious allegations of sexual assault, adding this is textbook extortion.

356.05 - 373.539 Kayla Brantley

Busby hit back saying that he and his firm would, quote, not allow the powerful and their high dollar lawyers to intimidate or silence sexual survivors. He goes on saying, I'm a U.S. Marine. I won't be silenced or intimidated. Neither will my clients. And Busby wrote that on his own personal Instagram.

Chapter 4: What is the significance of the alleged witness tampering?

397.476 - 411.503 Kayla Brantley

Diddy's attorneys are even asking the judge if he could appear in court without the customary shackles because they claim it would, quote, prejudice the jury. And this is something that I'm very excited to ask our next guest about. And I wonder what he thinks.

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412.043 - 426.39 Kayla Brantley

And today I have with me former federal prosecutor and defense attorney David Gelman, whose practice areas include criminal defense, drug charges, sex crimes and weapons charges. So, David, you're kind of the perfect person to talk about this with.

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427.11 - 427.79 David Patrick Caracos (Promo Speaker)

Good. I'm glad.

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428.11 - 452.057 Kayla Brantley

And I know you've been following the case. So I just kind of want to talk first about some of the latest updates. So one huge thing we had this week was news that there was a raid on Diddy's jail cell and his jail cell was searched. His personal notebooks were seized and his defense is saying that this is completely violating attorney client privilege. What do you make of this?

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452.705 - 481.196 David Patrick Caracos (Promo Speaker)

They're right, it is. And the judge agreed with them because there were handwritten notes from Diddy that were confiscated during the raid, and the judge specifically told the federal prosecutors, you better destroy them immediately. So that is attorney-client privilege. To have a raid on an individual that's currently incarcerated, it's very rare. It doesn't happen often.

481.616 - 510.158 David Patrick Caracos (Promo Speaker)

So for them to do this, they really must have thought that there was some extraordinary activity going on with Diddy and maybe, you know, outside influences, if you will. And that's why they did this. But even if that's 100 percent accurate, you still cannot take notes or or or documentation from the inmate where it's, you know,

510.902 - 535.563 David Patrick Caracos (Promo Speaker)

correspondence between him and his uh attorneys or in the alternative you know his his plain notes where he's just preparing for trial which is again that's confidential that's only for him so that was a big no-no well what are some things that would prompt a raid of a jail cell uh a couple things so reading the the uh the motion from the government

536.215 - 565.031 David Patrick Caracos (Promo Speaker)

It is that Diddy is using not only outside influences like family and friends to get in contact with individuals who could testify against him and try to pay them off. But he's using individuals inside of the prison. to actually do the same thing. So he's using specific messaging apps from, not him, but from other inmates' cell phones or electronic devices.

566.012 - 585.421 David Patrick Caracos (Promo Speaker)

And he's also using other inmates' phone numbers because everybody has their own set of phone number in the federal prison. So, in detention center, I should say. So he's using those numbers and those apps to contact people who, again, are going to testify against them potentially. That's called witness tampering. You're not allowed to do that.

Chapter 5: How does the extortion claim affect the case?

604.275 - 622.578 Kayla Brantley

And there's something that I actually don't really, I'm not very knowledgeable on this, is a filter team. So regarding the notes that were seized from Diddy's cell, the prosecution said they found the following items. So one was a manila folder marked legal, a notebook, an address book, and other, quote, personal effects.

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623.138 - 634.167 Kayla Brantley

Now, a prosecutor said that a photographer took photos of the notebook and address book and then an investigator submitted the items to a filter team. Can you explain what that filter team does?

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634.668 - 655.243 David Patrick Caracos (Promo Speaker)

Yeah, so a filter team pretty much redacts information, private information that the prosecutors are not allowed to have. It's not allowed to be public or anything like that because you got to remember all these motions are public knowledge if you think about it. So, you know, there could be Social Security numbers on there or just private information in general.

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655.724 - 680.479 David Patrick Caracos (Promo Speaker)

And so a filter team, it's actually pretty common when it comes to the federal government where they get a plethora of evidence. And I'm talking about like boxes and boxes and boxes. All right. And not in this particular instance. But you have to have a whole team really go through it and make sure what can and cannot be used or seen for that matter. Right. And so that's what they do.

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680.999 - 689.865 David Patrick Caracos (Promo Speaker)

They're common. They're very common. But again, this particular raid on an inmate in a federal facility, that is not common.

690.085 - 700.852 Kayla Brantley

Well, you said that this was a big no-no by the prosecution. So could there be a possibility now that Diddy's legal team could file a motion to remove the prosecution from the case?

701.417 - 723.985 David Patrick Caracos (Promo Speaker)

They could try, yes, they definitely could. However, I don't think they will be successful in doing so because, I don't understand, the underlying reason why they asked for the raid and got the raid approved by the DOJ is because of improper messaging and improper communications with potential witnesses. So that's the underlying thing.

724.085 - 743.412 David Patrick Caracos (Promo Speaker)

And that doesn't seem to be not or that hasn't been not proven yet, if you will. I think they're still having that. They still have to find out if that's accurate or not. And the judge has to make that determination. But just because they took a couple of different things that are attorney and client privilege, that's being destroyed. So kind of no harm, no foul, if you will.

743.692 - 749.714 David Patrick Caracos (Promo Speaker)

I don't think they're going to be very successful in trying to get the federal prosecutors off of this case.

Chapter 6: What are the implications of Diddy's family involvement?

753.054 - 754.836 David Patrick Caracos (Promo Speaker)

It's all allegations.

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755.276 - 771.834 Kayla Brantley

It's all allegations. Make sure we throw in the word alleged. And alleged obstruction. Could, if Diddy is found that he did obstruct justice, if he was witness tampering, could he now face a harsher punishment?

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771.994 - 793.404 David Patrick Caracos (Promo Speaker)

Well, he could, but he's also going to face additional charges if that happens because the federal government is then going to just hit him with a slew of charges for witness tampering and maybe other co-defendants as well. Not co-defendants, but other individuals who are acting on his behalf. I've read that his sons have been contacting individuals.

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794.062 - 814.962 David Patrick Caracos (Promo Speaker)

they could then be subject to federal crimes of witness tampering. Other associates associated with Diddy and his family also could be subject to that. So I think it would definitely hurt Diddy if this did come out. Furthermore, You know, Diddy's been trying to get out for a while, trying to get bail.

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815.743 - 828.395 David Patrick Caracos (Promo Speaker)

And if you're contacting witnesses in jail or having other people do it at your behest, a judge is never going to let you out of jail. So either way, it doesn't look good.

828.789 - 843.161 Kayla Brantley

Yeah. And speaking of Diddy trying to get out of jail, how many times can his team, you know, make a bid to get him out of jail before a judge is like, this is too much. You've asked enough. I've said no enough times. Is there a limit?

843.502 - 863.923 David Patrick Caracos (Promo Speaker)

There really isn't. Although, you know, if they're reading the tea leaves, which, you know, his attorneys are very, very good from what I from what I gather. they're going to probably tell Diddy, you know, all right, enough. We lost. All right, we're not doing it. There has to be a change of circumstance for them to really have another shot at the apple, if you will.

865.384 - 884.82 David Patrick Caracos (Promo Speaker)

And at this particular time, I think they've had, what, two or three motions already? And I think this third one right now is still being considered by the judge. But there's not a change of circumstance. All they're doing is saying, all right, judge, look, We will make even more restrictions for Diddy. We'll put up X amount of dollars, $50 million.

885.621 - 905.556 David Patrick Caracos (Promo Speaker)

He can only go to his residence in New York City or Miami. And once he's there, he has to stay there. He can't have anybody there. He can't make any phone calls except to his legal team. He can't go on the Internet, can't do X, Y, Z. So they're trying to put more conditions on there. The problem is where is a change in circumstance? And there isn't any.

Chapter 7: What is the role of the filter team in Diddy's case?

918.973 - 942.881 Kayla Brantley

Yeah. And you mentioned Diddy's family. And I don't know if you saw the Instagram post for his birthday. It was a video of his children on the phone with him. Diddy was on speaker. They sing him happy birthday. Now the prosecution is alleging what looked like a very innocent family moment was actually a ploy to influence potential witnesses or influence potential jury members.

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944.062 - 950.566 Kayla Brantley

And what do you make of that now that It seems that his family could potentially be getting involved.

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950.966 - 977.193 David Patrick Caracos (Promo Speaker)

You know, I think that's a little that's going a little too far for the prosecutors, in my opinion. You know, is it true that they did that to potentially influence jurors? Maybe. Who knows? But. I don't buy it. You know, this is and a judge certainly isn't going to buy it. You know, how are they possibly going to prove that was their intent? They're not. They will never be able to do so.

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977.553 - 980.655 David Patrick Caracos (Promo Speaker)

Now, you know, did they do that for that reason? No.

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980.775 - 994.67 Kayla Brantley

I mean, I wouldn't put it past them, but they allege they allege that Diddy was looking at the social media analytics and kind of seeing how that, you know, Was maybe received. Again, it seems like it's very difficult to prove.

994.93 - 1012.115 David Patrick Caracos (Promo Speaker)

Yeah, the government, they're trying to stack everything they possibly can. Any scintilla of evidence of interference for witnesses, they're going to use it. Some of it is probably going to hold up. Some of it won't. I doubt this is going to be one of those things that holds up.

1012.492 - 1034.858 Kayla Brantley

Right. And I think that this is also something important to remind our listeners that not everything you may read about this case is automatically true. You know, make your own opinions on it. Read all the facts. A lot of stuff that is coming out, you know, is from the prosecution side that is trying to find him guilty and that everything coming from Diddy's side is trying to find him innocent.

1035.058 - 1036.919 Kayla Brantley

So take with that what you will.

1037.259 - 1041.04 David Patrick Caracos (Promo Speaker)

Kayla, I mean, you hit the nail on the head right there. Don't believe everything you read.

Chapter 8: How can Diddy navigate his legal challenges moving forward?

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1147.483 - 1168.87 Kayla Brantley

Diddy's attorneys recently, this also came up this week, asked the judge if he could appear unshackled for all his future court dates because they claim it would prejudice the jury. Like you and I know that all U.S. federal courts, you know, TV and phone cameras are not allowed. So there's no real visual representation of this other than, I guess, you know, a court sketch.

1169.65 - 1179.715 Kayla Brantley

But the attorney said that several news outlets have reported on him being shackled and that it would sway the jury one way or another. What are your thoughts on this?

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